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AMERICAN SPORTS ANALYSTS, INC. (“ASA”)
WEBSITE TERMS AND CONDITIONS
GENERAL
DISCLAIMER: ASA DOES NOT GUARANTEE ITS PICKS.
ASA PRODUCES ITS PICKS BASED ON INFORMATION AVAILABLE TO IT AT THE TIME
AND BASED ON ITS JUDGMENT. THE PICKS, AS
NOTED BELOW, ARE PROVIDED “AS IS, WHERE IS”.
1.
Intellectual Property Protection
The contents (including without limitation, the sports
picks and sports handicap advice (collectively, the “Picks”)) and design of this website and of any other
website owned and operated by American Sports Analysts, Inc. (collectively, the
“Site”) and any material e-mailed to you or otherwise supplied to you in
conjunction with the Site (such contents, the Picks, design and materials being
collectively referred to as the "ASA Content"), are copyright of ASA and its licensors.
You may not use or reproduce or allow
anyone to use or reproduce any trade marks (such as "ASA" name and
logo or other trade names appearing on the Site) for any reason without written
permission from ASA.
2. Use of
ASA Content
You
may retrieve and display the ASA Content, including the Picks, on a computer
screen or print individual pages on paper (but not photocopy them) for your
personal, non-commercial use. Except as expressly set out above, you may not
reproduce, modify or in any way commercially exploit any of the ASA Content,
including the Picks. In particular, but without limiting the
general application of the restrictions contained in the preceding sentence, you may not do any of the following
without prior written permission from ASA:
i.
reproduce
or store in or transmit to any other web site, consensus site, newsgroup,
mailing list, electronic bulletin board, server or other storage device
connected to a network or regularly or systematically store in electronic or print
form, all or any part of the ASA Content including the Picks, or
ii.
modify,
publish, transmit, participate in the transfer or sale of, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit all
or any part of the ASA Content and the Picks (including use as part of any
library, archive or similar service),
iii.
remove
the copyright or trade mark notice from any copies of the ASA Content made
under these Terms.
Any other
use of the ASA Content, including the Picks, is expressly prohibited.
3. License Fee, Payment, and Transactions
Access
to the Picks is subject to a license fee (except for “free” picks which ASA may
post from time to time on the Site). All
payments (including applicable taxes) for Picks must be made in advance in US
Dollars or other currency specified by ASA. You are responsible for the payment
of all charges associated with the Picks.
The Picks are licensed, not sold,
to you. Other than your limited rights
as set forth in Section 2, ASA retains all right, title and interest in and to
the Picks.
4. Term and Termination
ASA
may, in its discretion, terminate or suspend your access to all or part of the
Site (including any right to access and use the Picks) with or without cause by
delivering notice to you. The rights of
termination are in addition to all other rights or remedies of ASA provided in
these Terms or by law.
5. Changes to the Site
ASA
reserves the right, in its discretion, to suspend, change, modify, add or
remove portions of the ASA Content available on the Site at any time and to
restrict the use and accessibility of the Site.
6. Registration, Passwords and
Responsibilities
Access to “My Picks” and the Picks generally are only open to you if
you register on the Site and pay the license fee. You are solely responsible for the
confidentiality and use of and access to the ASA Content, including the Picks,
on the Site using your user name, sign-on password, and/or I.D. You agree to
immediately notify ASA if you become aware of any loss or theft of any sign-on
password or I.D. or any unauthorized use of a sign-on password, I.D., user
name, or of the ASA Content or the Site. You will provide ASA with accurate,
complete registration information (including in particular your e-mail address)
and inform ASA of any changes to such information. For the purpose of
confirming your compliance with the terms of these Terms, ASA reserves the
right to monitor and record activity on the Site, including access to the Picks.
Each registration
is for a single user only. You may not share your user name and password with
any other person. ASA does not permit access through a single name and password
being made available to multiple users or on a network. ASA may cancel or
suspend your access to the Site and the Picks if you do this without further
obligation to you.
7. No Warranty, Disclaimer of Liability and Indemnity
The
ASA Content, including the Picks are provided "as is". ASA expressly
disclaims all warranties, including but not limited to warranties of fitness
for a particular purpose and warranties of merchantability. In no event will
ASA, its affiliates or other suppliers be liable for direct, special,
incidental, or consequential damages (including, without limitation, damages
for loss of business profits, business interruption, loss of business
information or other pecuniary loss)
8. Miscellaneous
Changes to these Terms. ASA may, in its discretion, change these Terms (including those
relating to your use of Site and/or the ASA Content). When Terms are changed,
ASA will notify you by email or by publishing details of those changes by
including them in these Terms. If you use the Site after ASA has published or
notified you of the changes, you are agreeing now to be bound by those changes.
If you do not agree to be bound by those changes, you should not use the Site
any further.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or
other third party content. Advertisers and other content providers are
responsible for ensuring that material submitted for inclusion on the Site
complies with international and national law. ASA is not responsible for any
third party content or error, omission or inaccuracy in any advertising
material. The Site may contain links to other web sites. ASA is not responsible
for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations
under these Terms may not be assigned, sub-licensed or otherwise transferred.
This agreement may be assigned to a third party by ASA.
9. Governing Law and Jurisdiction
These
Terms shall be governed by, and construed in accordance with, the laws of the
State of Wisconsin without regard to its conflict of laws principles. The parties irrevocably agree that the federal
or state courts located in Dane County, Wisconsin shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with these Terms or the legal
relationship established by them, and for those purposes irrevocably submit all
disputes to the jurisdiction of such courts.
For the exclusive benefit of ASA, ASA shall retain the right to bring
proceedings as to the substance of the matter in the courts of the country or
state of your residence or, where these Terms are entered into in the course of
your trade or profession, the country of your principal place of business.
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