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Terms And Conditions

ALL USERS OF THIS SITE AND SERVICE HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THE USER'S AGREEMENT: PLEASE READ THIS USER'S AGREEMENT CAREFULLY BEFORE REGISTERING AN ACCOUNT WITH THIS SITE. YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO OPEN AN ACCOUNT.

MyCapper ("MyCapper", "We", or "Us") owns and maintains http://www.MyCapper.com (the "Site") and offers you a variety of sports services including: sports information, recommendations, statistics, news, articles, and game analysis (the "Services") for entertainment and informational purposes only. The Site is provided to you (the "User" or "You") subject to the following user's agreement (the "Agreement") and terms and conditions (the "Terms"). By using the Site and Services, you consent to and agree to be bound by these Terms. Please review the following Terms carefully. If you do not agree to any of these Terms, you should not use the Site or obtain any goods or services from the Site. MyCapper reserves the right to amend these Terms from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Use of The Site

1. RESTRICTIONS

You may not use the Site or Services for any illegal purposes or in any manner inconsistent with these Terms. You agree to use the Site and Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other  person or entity. You must be at least 18 years of age to make a purchasefrom the Site.

All information or recommendations made by or supplied by MyCapper, the Service, or the Site is strictly for entertainment and informational purposes and are not intended to be used in violation of any jurisdictions' federal, state or local laws, regulations or ordinances. The Site does not provide any gambling or gaming activities and does not place or accept wagers.

The marketing and sale of the Services on the Site are not currently subject to any particular governmental regulations nor regulated by any administrative body.

Any reliance on information and recommendations provided by Us, the Site or Service is at the sole discretion and risk of the User. You agree to hold us harmless against any losses or debts You may incur from any use of the information or recommendations on the Site. Past performances do not guarantee future results. While we will strive to provide accurate information You agree to hold us harmless for any incorrect or inaccurate content on the Site.

2. ACCOUNT AND PASSWORD

Access to some areas of the Site and Services require use of a username and password. You are responsible for maintaining the confidentiality and security of your account's username and password, and you are fully responsible for any activity that occurs under your password or account, whether or not authorized by you. You agree to immediately notify Us of any unauthorized use of your username, password or account. Failure to maintain username and password confidentiality is cause for account termination and revocation of Your license to use the Site and Service without notice in MyCapper sole discretion. In no event shall We be liable or responsible for unauthorized purchases or deductions made from Your account which is accessed using Your properly authenticated username and password.

All bonuses or free credits paid by the Site will be in the form of a credit to Your account, which can solely be used on the Site to purchase Our Services. Any free credits disbursed by MyCapper to Your account will be at the sole discretion of MyCapper. Our decisions on whether or not to add free credits based on our guaranteed picks policy will be final and binding.

All credits on the Site have no cash value and cannot be redeemed and are not transferable. Once credits have been purchased they cannot be withdrawn from the Site. All purchases of credits are deemed to be final at the time of purchase.

Any password or right given to you to obtain information or documents on the Site is not transferable. You agree to pay all charges that accrue to your account. Any violation of these Terms is cause for termination of your membership account and no refunds will be given. MyCapper shall not be liable for any losses or damages arising from your failure to comply with this section.

3. PAYMENTS AND SALES

All sales on the Site are final. Due to the time sensitive nature of the Services provided by the Site there are absolutely no refunds. Should there be a billing or account mistake, Your sole remedy is to receive compensation by having credits added to your Site account. Disputed charges and all billing concerns must be reported to Customer Support within 30 days.

With respect to all purchases You make on the Site, You represent and warrant that (i) all information You supply, including Your name, email address and any payment information is true, correct and complete, (ii) charges incurred by You will be honored by Your payment company, and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.

4. LIABILITY FOR UNLAWFUL USE OR DAMAGES

In no event shall We be liable for any User's direct or indirect illegal or unlawful use of the information or services contained on the site. 

WHILE WE ENDEAVOR TO MAINTAIN THE HIGHEST PROFESSIONAL QUALITY OF THE SITE AND SERVICE WE OFFER, IN NO EVENT SHALL WE BE LIABLE TO ANY USER FOR ANY TYPE OF LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE INFORMATION ON THE SITE OR SERVICE.

WE DISCLAIM ALL LIABILITY OR RESPONSIBILITY FOR ANY AND ALL LOSSES OR DAMAGES ACCRUED OR INCURRED BY YOU ARISING OUT OF THE USE OF THIS SERVICE OR THE SITE WITHOUT LIMITATION, INCLUDING, BUT NOT LIMITED TO, LOSSES RELATED TO DELAYS IN SERVICE OR SALES PROCESSING DUE TO SERVER DOWNTIME OR OUTAGES, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ACCURACY OF ANY INFORMATION OR ADVICE OR RECOMMENDATIONS PROVIDED BY THIS SERVICE OR ON THE SITE.

5. DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE OR ACCESSED THROUGH THE SITE, ARE PROVIDED "AS IS" WITH ABSOLUTELY NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR  FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO THE ACCURACY OR RELIABILITY OF ANY ADVICE OR INFORMATION PROCURED OR PROVIDED BY OR THROUGH THE SITE OR SERVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL NOT CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF, DESPITE THE ABOVE LIMITATIONS,  WERE FOUND RESPONSIBLE TO YOU FOR ANY REASON WHATSOEVER OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO ACCESS THE SERVICE. 

6. INDEMNIFICATION

You agree to indemnify, defend and hold MyCapper, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) Your use of the Site or the Service; (b) Your violation of this Agreement; (c) Your violation of a third party's privacy rights; (d) Your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) Your violation of this Agreement.

7. THIRD-PARTY LINKS AND CONTENT
Links to third-party sites and third-party content is not under the control of MyCapper and We are not responsible for the contents of any linked site or any link contained in a linked site, or any integrated third-party content. We provide said links and third-party content only as a convenience to You and the inclusion of any such links or third-party content does not imply Our endorsement of the link or its respective web site content. Viewing of any web site linked to the Site is at Your own risk.

8. LICENSE

We grant to you a revocable personal, non-transferable license to use the Site and/or Service as set forth in these Terms. We reserve the right, in Our sole discretion, to terminate Your access to the Site and Service at any time, without notice. We may also terminate or suspend Your access to the Site or Service for inactivity, which is defined as failing to log into Your account for an extended period of time, as determined by MyCapper.

9. PRIVACY POLICY

If you choose to purchase Services from MyCapper we require certain basic personal information from you. We will use this information to provide a more efficient and relevant Site. We reserve the right to notify you via Email about new services or special offers on the Site. We will not sell your personal information to any third party. Your privacy is extremely important to us. You expressly consent to certain disclosures of Your personally identifiable and other personal information provided by You to Us, to the extent set forth in these conditions.

10. COPYRIGHT & NOTICES

All content and code on the Site and Service are protected by Copyright and are the exclusive property of MyCapper. You may not reproduce or redistribute any content contained on the Site and/or Service. Reproduction or redistribution is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law. We are not affiliated with, endorsed or licensed by Major League Baseball, The National Basketball Association, The National Football League or The National Collegiate Athletic Association and our reference and display of these trademarks does not indicate any approval by their respective owners. It is understood that this site is a news and information service and that reference to other names and trademarks is necessary in the course of providing such services.

11. TERMINATION OF SERVICE

We reserve the right, in Our sole discretion, to terminate all or any portion of the Services at any time and for any reason. Upon termination of the Site and/or Service, Your right to use the Site and/or Service will immediately cease. We will have no obligation thereafter to provide access to any Services. We may, in Our sole discretion, remit any unused portion of funds or Site credits remaining in Your Site account. If You object to any portion of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any other Site Content, or any transaction entered into through the Site or Service, Your only recourse is to immediately discontinue use of the Service. The preceding sentence sets forth Your sole and exclusive remedy regarding any objection to these Terms and this Agreement, or any dissatisfaction with the Service or the Site.

12. AGREEMENT ENTIRETY

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms constitutes the entire and only agreement between Us and You and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and Services provided by or through the Site, and the subject matter of these Terms. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.



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