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Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Office Football Pool.com ("OFP"), owned and operated by OFP Hosting, Inc. OFP provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.officefootballpool.com/tos.cfm. In addition, when using particular OFP services, you and OFP shall be subject to any posted guidelines or rules applicable to such services which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. ELIGIBILITY

In order to participate in the service, you must be thirteen (13) years of age or older at the time of registration.

3. DESCRIPTION OF SERVICE

OFP provides users with a powerful, easy to use, customizable application for hosting private games including fantasy football, basketball, golf, baseball, racing and other pools and prediction games.

OFP provides team statistics and matchups, game scores, expert analysis and other useful information pertaining to fantasy sports and all of this information is for entertainment only and should be considered to be unofficial. While OFP will use reasonable efforts to include accurate and timely information, OFP will not warrant or make any respresentations of any kind with respect to the information provided to you. OFP shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service, and shall not be responsible or liable for any error or omissions in that information.

OFP will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to OFP from all or part of the internet. OFP will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. OFP will not accept responsibility for any consequences resulting from disruptions in service.

OFP will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and every reasonable effort to ensure these programs are free of defects. OFP will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.

4. ENTERTAINMENT AND MARKETING ONLY

OFP is strictly for entertainment or marketing purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering. If you know (or have reason to suspect) that the service is being used for purposes of gambling or any other unlawful activity, you must notify OFP immediately via admin@officefootballpool.com. OFP may pursue legal remedies against such persons.

5. REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the service any materials which: (a) Restrict or inhibit any other user from using and enjoying the service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. You represent, warrant and covenant that you will comply with these Terms of Service in connection with your use of the OFP service.

6. RESERVATION OF RIGHTS

OFP expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any OFP service for any reason, including, but not limited to, OFP believes: you have used the service for gambling purposes; you have violated or tried to violate the rights of others; or believes that you have acted inconsistently with the spirit or letter of the TOS. OFP has the right to modify or discontinue service, including terminating any games you have organized or are participating in, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that OFP will not be liable to you or to any third party for any modifications or discontinuance of service, including the termination of any games you organized or are participating in.

7. LICENSE TO USE SOFTWARE

Users have a limited license to access and use the software that comprises the service. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the OFP service functions. No rights of any kind in any of OFP's software, programs or other property shall accrue to any user.

8. PRIVACY POLICY

The OFP Privacy policy can be found here: http://www.officefootballpool.com/w3c/policy.html

9. YOUR REGISTRATION OBLIGATIONS

To register on OFP you need to enter an email address, log in name and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the My Account page. If you use an invalid email address, you may find it difficult to retreive your password and get customer service.

10. LOG IN NAME, PASSWORD AND SECURITY

You will create a log in name and password when registering with OFP. The log in name you pick will be unique to the website and no other user will have the same log in name. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify OFP of any unauthorized use of your account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. OFP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

11. ARBITRATION

Any dispute relating in any way to your use of the OFP website and the services offered therein shall be submitted to confidential arbitration in Denver, Colorado. You agree that any Dispute between you and OFP shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under Colorado law, and conducted under its rules, except as otherwise provided below. You and OFP will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and OFP. The arbitrator may award reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the arbitration provision. 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 TOS or Privacy Policy shall be joined to an arbitration involving any other party subject to these TOS 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 Section. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. ยง 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this TOS 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 OFP; or (iii) any other dispute arising out of or relating to the relationship between You and OFP. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.

12. APPLICABLE LAW/JURISDICTION

By visiting the OFP website, even if accessed from a location outside the United States, you agree that the laws of the State of Colorado will govern these disclaimers, TOS or Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our website and these disclaimers, TOS or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Colorado.

13. INVALIDITY OF SPECIFIC TERMS

If any provision of this TOS or any document incorporated by reference 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 such documents remain in full force and effect.

14. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR OFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

15. INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Notwithstanding the foregoing, OFP retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against OFP herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without OFP's prior written approval.

16. REPORT VIOLATIONS

If you witness any user activity in the service that violates these Terms of Service, please notify us of the activity via admin@officefootballpool.com. OFP cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.