TERMS OF SERVICE
ETPicks.com provides the Website, the Content, and the Services to you subject to the following Terms of Service (“Terms”). The Terms may be updated without notice to you. We suggest you review them periodically.
SERVICES AND CONTENT
ETPicks.com provides users with features and services, including, handicapper picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of the Website.
You understand and agree that the Website, the Services, and the Content are provided “as is” and that ETPicks.com assumes no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for entertainment purposes only. Under the Terms, you may download certain Content and Services available on the Website to a single personal computing device for your use. However, you may not distribute, modify, republish, or publicly display any of the Content or Services without prior written permission of ETPicks.com.
In order to use the Services, you may be required to register with ETPicks.com by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ETPicks.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ETPicks.com has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.
ACCESS BY MINORS
Persons under the age of 21 are prohibited from registering on ETPicks.com.
PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of the Services. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password.
MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
ETPicks.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.
You agree that ETPicks.com, in its sole discretion, may terminate your password or use of the Website and/or the Services for any reason.
The Website and/or Services may provide links to other websites or resources. Because ETPicks.com has no control over such sites and resources, you acknowledge and agree that ETPicks.com is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ETPicks.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Services and Content are the property of ETPicks.com and may not be reproduced without the prior written consent of the Website. You further acknowledge and agree that any necessary software used in connection with the Website, the Services, and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are owned or licensed by ETPicks.com.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ETPICKS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.ETPICKS.COM MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ETPICKS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ETPICKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via email. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services.
The Terms constitute the entire agreement between you and ETPicks.com and governs your use of the Website, the Services, and access to the Content, superseding any prior agreements between you and ETPicks.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Website is created and controlled by ETPicks.com in the State of Washington. As such, the laws of the State of Washington will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. ETPicks.com reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. The failure of ETPicks.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Washington for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Washington courts and agrees not to plead or claim in any Washington court that such litigation brought therein has been brought in an inconvenient forum. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.