Welcome to our website ("Website") and thank you for reviewing our Terms and Conditions of Use. We hope that You will enjoy this Website. Football Advisers ("Provider"), Football Advisers, makes this Website, including any and all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the "Service") available for Your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what You can expect from us and what we expect from You.
1. Acceptance of Terms and Conditions of Use.
By using this Website and/or creating an account and becoming a member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions of Use"). Please read the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time, without prior notice to any Website visitor ("User" or "You"). For this reason, we encourage You to review these Terms and Conditions of Use whenever You use our Website. If You breach any of the Terms and Conditions of Use, Your authorization to use this Website automatically terminates.
2. Eligibility.
To be eligible to register and create an authorized account ("Account"), You must be at least the age of majority of your applicable jurisdiction of residence which is twenty one (21) years of age or older for residents of the United States, including the District of Columbia, in the UK and Europe the age of majority is commonly eighteen (18). You may not be a firm, business entity or institution. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions of Use. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of Provider and their parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Provider are NOT eligible to use or create an Account on the Website.
3. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is Your responsibility to determine the law that applies in the applicable Jurisdiction and Provider does not make any representation or warranty, express or implied, as to the lawfulness of Your participation in or use of Service on this Website are appropriate for use in Your Jurisdiction. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in the Service offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions of Use, and subject to having Your account suspended or terminated.
4. Account Responsibility.
5. Price and Payment.
Our Service includes premium content and subscription-based services. You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under Your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by You via credit card are specifically authorized to be charged to the credit card given by You at the time of purchase. You may receive supporting information relating to charges to Your Account by sending a request to Customer Service.
6. Intellectual Property Rights.
You have been granted a licence to view and use the Service subject to these Terms and Conditions of Use. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
7. Privacy and Protection of Personal Information.
Provider respects the privacy of visitors to our Website. Please see Provider's Privacy Policy www.footballadvisers.com/privacy_policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms and Conditions of Use. If User does not agree to each and every part of Provider's Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail to Customer Service.
We do our commercially reasonable best to maintain the security and the privacy of your credit card information and all transactions are handled securely via Paypal, no credit card information is collected or received to this site. We take no responsibility if any third party determines or uses this information without your consent.
8. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and Service is at User's sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Provider spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
9. Third Party Links.
This Website contains several links to other websites and may forward Users to other websites within the same Internet browser window. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
10. Online Conduct.
User agrees to use the Website and the Services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Remote Access Trojans (RATs), keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
11. Circumvention.
User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Provider determines, in its sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, User will be subject to suspension or termination of User's access to the Website and/or Service, and Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.
12. Termination.
These Terms and Conditions of Use are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User's access to the Website may be terminated immediately without notice from Provider if in our sole discretion User fails to comply with any term or provision of these Terms and Conditions of Use.
13. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Provider account ("Account") and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Provider of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
14. Indemnification.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 4(A); (c) Your connection to any Provider site; (d) Your violation of these Terms and Conditions of Use; (e) Your violation of any sports betting regulations, edicts or laws to which You are subject; or (f) Your violation of any rights of a third party or service provider.
15. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in England, United Kingdom except that, to the extent You have in any manner violated or threatened to violate Provider's intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in a court of another jurisdiction and the User consents to exclusive jurisdiction and venue as determined by the Provider. You and Provider agree that any Dispute between You and Provider shall be resolved exclusively and finally by arbitration administered by arbitration, using interpretations under the laws of the United Kingdom, and conducted under its rules, except as otherwise provided below. You and Provider may also agree on another arbitration forum. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Provider. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use, Privacy Policy, or Software Terms shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions of Use or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or iii) any other dispute arising out of or relating to the relationship between You and the Providers.
16. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United Kingdom, You agree that the laws of the United Kingdom applicable therein, will govern these disclaimers, Terms and Conditions of Use or Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions of Use and Privacy Policy, at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the United Kingdom.
17. Waiver/Severability.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
18. Statute of Limitations.
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 Website, Terms and Conditions of Use or Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
19. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement between the User and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by Provider.
Date Last Modified: June 21, 2009.
These Terms and Conditions of Use may be changed at any time, without prior notice.
Activities offered by advertising links to other sites may be deemed an illegal activity in certain jurisdictions. Viewers are specifically warned that they should inquire into the legality of participating in any games and/or activities offered by such other sites. The owner of this website assumes no responsibility for the actions by and makes no representation or endorsement of any of these games and/or activities offered by the advertiser. As a condition of viewing this website viewers agree to hold the owner of this website harmless from any claims arising from the viewer's participation in any of the games and/or activities offered by the advertiser.
US CITIZENS PLEASE NOTE: The information contained at this site is for news and entertainment purposes only. Any use of this information in violation of any federal, state, provincial or local law is prohibited. © Football Advisers
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