Website Terms of Use
1. AGREEMENT
These Terms of Use (the Agreement) constitute a legally binding agreement by and between ProjectPointSpread.com (ProjectPointSpread.com) and you or your company (in either case, You or Your) concerning Your use of ProjectPointSpread.com's website (the Website) and the services available through the Website (the Services). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and ProjectPointSpread.com's Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. ProjectPointSpread.com encourages users of the Website to frequently check ProjectPointSpread.com's Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet and wireless technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, PROJECTPOINTSPREAD.COM RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless ProjectPointSpread.com obtains Your express consent, any revised Privacy Policy will apply only to information collected by ProjectPointSpread.com after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
4. ENTERTAINMENT PURPOSES ONLY
THE WEBSITE AND SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY AND MAY NOT BE USED IN CONNECTION WITH ANY FORM OF GAMBLING OR WAGERING. PROJECTPOINTSPREAD.COM DOES NOT ENDORSE, ENGAGE IN, OR PROVIDE ANY GAMBLING OR GAMING ACTIVITIES AND DOES NOT ACCEPT OR PLACE WAGERS OF ANY KIND.
5. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 14 YEARS OLD, ARE A RESIDENT OF THE UNITED STATES, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. MINORS UNDER THE AGE OF 18 ARE PROHIBITED FROM MAKING FINANCIAL TRANSACTIONS ON OR THROUGH THE WEBSITE AND SERVICES. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
6. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, ProjectPointSpread.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of ProjectPointSpread.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
7. USER INFORMATION/PASSWORD PROTECTION
In connection with Your use of certain Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning User Ability To Access, Update, and Correct Personal Information in ProjectPointSpread.com's Privacy Policy.
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify ProjectPointSpread.com immediately on any unauthorized use of Your account, user name, or password. ProjectPointSpread.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ProjectPointSpread.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. You must also promptly notify ProjectPointSpread.com if any credit card or PayPal account that You have provided to us is lost, stolen or used without permission.
8. SERVICES; FEES
ProjectPointSpread.com is an online sports community, which allows users to predict the outcomes of professional and collegiate sporting events, obtain performance rankings, compare picks with other ProjectPointSpread.com members, and trade predictions for cash.
(a) Fan Consensus Report
The Fan Consensus Report (Report) is a statistical aggregation of the entire community's predictions for each game in a given sport. Reports are available on a subscription basis or a la carte. When You purchase a Report, You will be charged the then current fee designated for the Report level You select, and any applicable tax and other charges, to the payment method You provide during purchase.
(b) Trading Account
By activating Your trading account and becoming a trader, You will be able to buy or sell picks (Member Picks) with other members of ProjectPointSpread.com. In consideration of each final purchase or sale of picks, You shall pay to ProjectPointSpread.com a per transaction commission fee (the Commission Fee). The Commission Fee will be charged to the payment method you provide during account activation.
PROJECTPOINTSPREAD.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE THE FEES AND CHARGES IN EFFECT, INCLUDING WITHOUT LIMITATION THE REPORT FEES OR COMMISSION FEES, OR TO ADD NEW FEES AND CHARGES FROM TIME TO TIME, UPON AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO YOU, TO BE GIVEN BY EMAIL TO YOUR ADDRESS ON FILE WITH PROJECTPOINTSPREAD.COM.
(c) Taxes, Reporting and Legal Responsibilities
You are solely responsible for satisfying all income tax, including estimated taxes, sales and use tax, governmental reporting and other legal requirements under applicable law.
9. THIRD-PARTY WEBSITES
The Website may be linked with the websites of third parties (Third-Party Websites), some of whom may have established relationships with ProjectPointSpread.com (marketing affiliates, for example) and some of whom may not. ProjectPointSpread.com does not have control over the content and performance of Third-Party Websites. PROJECTPOINTSPREAD.COM HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, PROJECTPOINTSPREAD.COM DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. PROJECTPOINTSPREAD.COM DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.
10. CONSENT TO RECEIVE EMAIL
By using the Website and the Services, You consent to receive periodic email communications in connection with the Services. You may opt-out of receiving email communications by sending an email message to unsubscribe@projectpointspread.com, or by clicking the unsubscribe link contained in any of the email communications.
11. COMMUNICATIONS MADE TO THIRD PARTIES BY MEANS OF THE WEBSITE
You acknowledge that any communications sent by You to third parties by means of the Website (e.g. through an "invite-a-friend" form), whether by email or otherwise, are not private, and that such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that you send to third parties by means of the Website shall be non-confidential and non-proprietary. ProjectPointSpread.com reserves the right to use such communications for any purpose.
12. REFUND & RETURN POLICY
Purchases of Services, including without limitation digital products, will not be refunded except as specifically set forth on the Website or in any other agreement between You and ProjectPointSpread.com. All purchases are final. Upon obtaining a refund for any purchase of Services, You warrant that You will destroy or delete any digital copies of any digital products constituting the refunded Services, and that You will make no further use of such digital copies or products in any way.
13. USER CONTENT
User Content is any content, materials or information, not including Personal Information (as defined in ProjectPointSpread.com's [Privacy Policy]), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT PROJECTPOINTSPREAD.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, ASSIGNS, CONTRACTORS AND THIRD-PARTY SERVICE PROVIDERS (COLLECTIVELY, THE ProjectPointSpread.com Parties) A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE PROJECTPOINTSPREAD.COM PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR NAME AND/OR ANY USER NAME OF YOURS IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PROJECTPOINTSPREAD.COM PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
WITHOUT LIMITING ANY OTHER PROVISION HEREIN, YOU HEREBY REPRESENT AND WARRANT THAT YOU OWN ALL RIGHTS, TITLE AND INTEREST IN AND TO USER CONTENT OR ARE OTHERWISE AUTHORIZED TO GRANT THE RIGHTS PROVIDED THE PROJECTPOINTSPREAD.COM PARTIES UNDER THIS SECTION.
14. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable; (b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertise or otherwise solicit funds or constitute a solicitation for goods or services; or (d) violate any provision of this Agreement or any other ProjectPointSpread.com agreement or policy, including without limitation ProjectPointSpread.com's Prohibited Content Guidelines (collectively, Objectionable Content). ProjectPointSpread.com may monitor the Website for Objectionable Content. Without limiting any of its other remedies, ProjectPointSpread.com reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. ProjectPointSpread.com, in its sole discretion, may delete any Objectionable Content from its servers. ProjectPointSpread.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
15. PROHIBITED USES
ProjectPointSpread.com imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (e) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ProjectPointSpread.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
16. INTELLECTUAL PROPERTY
(a) Compliance with Law
Without limiting any other provision herein, You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
(b) Trademarks
ProjectPointSpread.com and the ProjectPointSpread.com logo (the ProjectPointSpread.com Marks) are trademarks or registered trademarks of ProjectPointSpread.com. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the ProjectPointSpread.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the ProjectPointSpread.com Marks generated as a result of Your use of the Website and Services will inure to the benefit of ProjectPointSpread.com, and You agree to assign, and hereby do assign, all such goodwill to ProjectPointSpread.com. You shall not at any time, nor shall You assist others to, challenge ProjectPointSpread.com's right, title, or interest in or to, or the validity of, the ProjectPointSpread.com Marks.
(c) Copyrighted Materials; Copyright Notice
All Content and other materials available through the Website and Services, including without limitation the ProjectPointSpread.com logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by ProjectPointSpread.com or are the property of Third-Party Service Providers or ProjectPointSpread.com's other licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright � 2008 to the present, Prediction Network, LLC. ALL RIGHTS RESERVED.
(d) DMCA Policy
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ProjectPointSpread.com to delete, edit, or disable the material in question, you must provide ProjectPointSpread.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ProjectPointSpread.com to locate the material; (d) information reasonably sufficient to permit ProjectPointSpread.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ProjectPointSpread.com's designated agent at:
DMCA AGENT
17. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
PROJECTPOINTSPREAD.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROJECTPOINTSPREAD.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER PROJECTPOINTSPREAD.COM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROJECTPOINTSPREAD.COM NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. AS USED IN THIS SECTION 17, "SUPPLIERS" MEANS ALL SUPPLIERS OF MEMBER PICKS.
(b) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PROJECTPOINTSPREAD.COM OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF PROJECTPOINTSPREAD.COM AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROJECTPOINTSPREAD.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO PROJECTPOINTSPREAD.COM OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF PROJECTPOINTSPREAD.COM AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO PROJECTPOINTSPREAD.COM DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND US A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PROJECTPOINTSPREAD.COM AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PROJECTPOINTSPREAD.COM OR BETWEEN YOU AND ANY OF ITS LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PROJECTPOINTSPREAD.COM'S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
18. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other ProjectPointSpread.com policies, and with any applicable laws or regulations.
19. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless ProjectPointSpread.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, contractors and Third-Party Service Providers from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, Claims), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to ProjectPointSpread.com or any of the ProjectPointSpread.com Parties of information or other data.
The ProjectPointSpread.com Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the ProjectPointSpread.com Parties. You may not settle any Claim without the prior written consent of the concerned ProjectPointSpread.com Parties.
20. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, all advertising relating thereto and this Agreement,
including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed
and performed in Reno, Nevada, and shall be governed by and construed in accordance with the
laws of the State of Nevada without regard to its conflict of law principles.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, ALL ADVERTISING RELATING THERETO,
OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED
AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement
shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, ALL ADVERTISING RELATING
THERETO, OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST
21. TERMINATION
(a) By ProjectPointSpread.com
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PROJECTPOINTSPREAD.COM RESERVES THE RIGHT TO, IN ProjectPointSpread.com's SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ProjectPointSpread.com.
(c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to ProjectPointSpread.com notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, ProjectPointSpread.com may, but has no obligation to, in ProjectPointSpread.com's sole discretion, delete from ProjectPointSpread.com's systems all User Content, Your Personal Information and any other files or information that You made available to ProjectPointSpread.com or that otherwise relate to Your use of the Website or Services. Subsequent to termination, ProjectPointSpread.com reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action
If ProjectPointSpread.com, in ProjectPointSpread.com's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ProjectPointSpread.com will be entitled to recover from You as part of such legal action, and You agree to pay, ProjectPointSpread.com's reasonable costs and attorneys' fees incurred as a result of such legal action. The ProjectPointSpread.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
(f) Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-4, 7, 9, 11-20, and 22 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed ProjectPointSpread.com.
22. GENERAL
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between ProjectPointSpread.com and You concerning Your use of the Websites and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of ProjectPointSpread.com or by the unilateral amendment of this Agreement by ProjectPointSpread.com and by the posting by ProjectPointSpread.com of such amended version.
(b) Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
(c) Assignment
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of ProjectPointSpread.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(d) Relationship
You and ProjectPointSpread.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for the ProjectPointSpread.com Parties as and to the extent set forth in Sections 13, 15, 19 and 21(e), and ProjectPointSpread.com's Third-Party Service Providers, licensors and suppliers as and to the extent expressly set forth in Section 17, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to ProjectPointSpread.com and ProjectPointSpread.com's Third-Party Service Providers, licensors and suppliers, and would therefore entitle ProjectPointSpread.com or ProjectPointSpread.com's Third-Party Service Providers, licensors or suppliers, as the case may be, to injunctive relief.
(g) Notices
All notices required or permitted to be given under this Agreement must be in writing. ProjectPointSpread.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to ProjectPointSpread.com. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PROJECTPOINTSPREAD.COM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PROJECTPOINTSPREAD.COM OF AN EMAIL TO THAT ADDRESS. You shall give any notice to ProjectPointSpread.com by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to P.O. Box 3032, Incline Village, NV 89450. All notices to ProjectPointSpread.com will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from ProjectPointSpread.com electronically satisfies any legal requirement that such notice be in writing.
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