Terms and Conditions
Copyright - Trademark - Disclaimers and Liability
Before you receive Picks from StarHandicapper.com please read this
Terms and Conditions. This Agreement between you and StarHandicapper.com governs your
use of this web site. By continuing to access and/or use our site, you hereby agree to be
bound by the terms of this Agreement. The terms of this Agreement may change from time to
time. If you continue to access our site at any time after such a change in terms of the
Agreement is posted then you are deemed to have accepted and agreed to all of the terms
and conditions contained in the change in terms and the revised agreement.
StarHandicapper.com reserves the right to reject visitors that
are incomplete or otherwise not in compliance with this Agreement. StarHandicapper.com
does not accept outside sites that contain pornography, illegal activity, obscene,
racist or other offensive material and/or link to such sites.
Ownership and License
StarHandicapper.com trademarks, information, database, reports,
software, and entire web site contents are the property of StarHandicapper.com . We grant
you a personal, non-exclusive, non-transferable license to access our web site and the
information contained here when you visit or site. We also grant you a personal,
non-exclusive, non-transferable license to access our free portion of our web site and the
information contained there. The information contained in this site may not be
distributed, modified, reproduced, transmitted in whole or in part without permission of
StarHandicapper.com, you may not make copies of this site for your own personal,
noncommercial use. Our site may contain databases that allow you to search and retrieve
information. You may not sell, distribute or commercially exploit the database or the
results of any database search performed on this site. You may not make copies of any
search output that does not contain a significant segment of a database, for your personal
use. You may not sell, rent, lease, lend, transfer, any services provided on this site and
you may not assign or sublicense this license. You may not make use of the code, or copy
or modify the code in any way. Violation of copyrights can result in both civil, criminal
penalties, monetary damages and will be pursued to the fullest extent of the law.
Disclaimer of Warranties
The services, information, materials and functions contained at our web
site are provided on an "as is" basis without warranties of any kind express or
implied. We attempt to provide excellent service, but we expressly disclaim any warranty
for our services or the adequacy, accuracy or completeness of the information or services
included at our site, or that the services will be uninterrupted or error-free. We
expressly disclaim any liability for any errors in or omissions from services, information
or materials. THESE SERVICES AND INFORMATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THESE SERVICES
REMAINS WITH YOU.
Disclaimer of Liability
Use of our Services is at your own risk. StarHandicapper.com
shall not be liable for any harm, loss of income or monetary loss to you or others
resulting from such use. In regard to vendors and information providers, we do not
investigate, endorse or otherwise recommend or approve of any product or information
located on or available through our site. To the maximum extent permitted by law, in no
event shall we be liable for any special, incidental, indirect, consequential damages, or
punitive damages whatsoever including, without limitation, loss of revenue; business
interruption; loss of business information; or any other pecuniary loss; loss of
technology; loss of rights or services; loss of data; interruption or loss of use of any
equipment; invasion of privacy; arising out of the use of or inability to use the
Services, even if we have been advised of the possibility of such damages, whether under
theory of contract, tort (including negligence), strict liability or otherwise.
We do not own or control other networks, other sites or hyperlinked
sites outside of our own web site. These include the outside vendors that are access
through our site. We are not responsible or liable for performance (or non-performance)
within such networks or within interconnection points between our Services and other
networks and/or sites that are operated by third parties. We also make no representation
regarding your ability to transmit and receive information from or through our web site
and you agree and acknowledge that at times your ability to access our web site may be
impaired or disrupted. Although we will use commercially reasonable efforts to take any
action we deem appropriate to remedy and avoid such events, we cannot guarantee they will
not occur, and accordingly we disclaim any and all liability resulting from or related to
such events. StarHandicapper.comL L C is not responsible for any damage or loss of
information that might be caused through your use of the StarHandicapper.com
Services.
Acceptable Use
You may use our services for lawful purposes only. You may not use our
services to post, transmit or otherwise distribute unlawful material. Examples of unlawful
material include but are not limited to threats of physical harm, defamatory statements,
pornographic material, and copyrighted, trademarked and other proprietary material used
without proper authorization. You may not attempt to use or distribute tools designed for
compromising security or take any action to compromise the security of this site, cracking
tools or network probing tools. You may not "flood" or disrupt our web site
through any means or process. You are responsible for all use of our services and our web
site, with or without your consent, by yourself and others, which occurs by, through or in
connection with access to our web site via your computer.
Indemnity
You agree to defend us from and against any and all claims, actions or
demands brought by or against us alleging: (a) with respect to you: (1) infringement or
misappropriation of any intellectual property rights; (2) defamation, libel, slander,
obscenity, pornography, or violation of the rights of privacy or publicity; (3) spamming,
or any other offensive, harassing or illegal conduct or violation of this Agreement; (b)
any damage or destruction to our web site or to us, or to another person or party which
damage is caused by or otherwise results from your acts or omissions. You agree to
indemnify us from and against all damages, costs, and fees awarded in favor of third
parties, and you will indemnify and hold us harmless against any and all claims, demands,
liabilities, losses, damages, expenses and costs (including reasonable attorneys fees)
(collectively, "Losses") suffered by us which Losses result from or arise out of
the above claims.
Action on Complaints
We reserve the right to investigate suspected violations of this
agreement. If we become aware of possible violations, we may initiate an investigation
that may include gathering information from you or any user involved and the complaining
party, if any, and examination of other material. We may suspend the provision of our
services, temporarily or permanently remove the material involved from our servers, cancel
posts, provide warnings to you, or suspend or terminate your access to our services. We
will determine what action will be taken in response to a violation on a case-by-case
basis, at our sole discretion. We will fully cooperate with law enforcement authorities in
investigating suspected lawbreakers.
Confidential Information
The information that StarHandicapper.com provides to its visitors
is confidential and proprietary in nature. As a StarHandicapper.com visitors, you
acknowledge that you are not a competitor of any kind to StarHandicapper.com network
or services, and will not share this information with any person or company, except those
who are employees of StarHandicapper.com .
Jurisdiction
We operate and control our web site from our location in Cape Coral,
Florida, United States of America. We make no representation that any information,
materials or functions included at or through our web site are appropriate for use in any
other jurisdiction. If you choose to access our web site from locations other than United
States of America, you do so on your own initiative and are responsible for compliance
with applicable laws and regulations.
Governing Law
The laws of United States of America govern this agreement, and shall
govern any dispute relating to this agreement.
Severability
In the event any provision of this agreement is held unenforceable, it
will not affect the validity or enforceability of the remaining provisions and will be
replaced by an enforceable provision that comes the closest to the intention underlying
the unenforceable provision.
Force Majeure
We are not liable for any failure or delay in our performance due to
any cause beyond our reasonable control, including the act or war, power failure,
earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or
failure of the Internet, ISP or web hosting provider.
Assignment
We may assign our rights and delegate our duties under this agreement
either in whole or in part at any time, in our sole discretion, and without your consent.
Relationship
This agreement does not establish any relationship of partnership,
joint venture, employment, franchise or agency between you and StarHandicapper.com .
StarHandicapper.com L.L.C © Copyright Violations
Any violation should be reported to: Nick@Starhandicapper.com or call (239)
849-3520
Thank you for taking the time to review this Agreement.
We look forward to providing our services for you.
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