1. ACCEPTANCE OF TERMS Welcome to iPickem.net ("iPickem", "we" or "us"). iPickem 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://ipickem.net/TermsOfService. In addition, when using particular iPickem services, you and iPickem shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICE iPickem provides users with access to an easy to use web-based application for creating and managing private sports pick’em tournaments and groups online and makes available team records, statistics, game scores, and other useful features related to sports tournaments or groups (the "Service"). iPickem will make every reasonable effort to allow user access to the Service, but cannot guarantee access at all times. Occurrences such as high site traffic, power or network outage, natural disasters, changes in law, etc. may from time to time prevent access to the Service. iPickem will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. iPickem will not accept responsibility for any consequences resulting from disruptions in the Service. iPickem has made every reasonable effort to compose the Service to be compatible with the browsers and operating systems now generally in use on the Internet and every reasonable effort to ensure its software is free of defects. iPickem will not accept responsibility for any consequences resulting from incompatibility between the Service and those of its users. 3. NO UNLAWFUL OR PROHIBITED USE iPickem provides the Service for the purposes of private entertainment only. iPickem does not promote the conduct of unlicensed or illegal gambling and will not condone the use of the Service for any such purpose. Furthermore, you will not use the Service for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices. Any tournament or group discovered to be conducting unlawful or illegal activity will be terminated immediately without warning and without any liability on iPickem's part to the terminated parties. If your group has an associated fee or cost to join and/or awards prizes, it may be considered illegal gambling in some jurisdictions. It is your responsibility to determine that your group is legal in the jurisdictions of each and every participant. If your tournament is not legal for each and every participant, then you may not use iPickem to host your tournament or group. By accepting this agreement, you understand and acknowledge that your tournament or group is legal for each and every participant in every jurisdiction from which they participate.  4. PERSONAL AND NON-COMMERCIAL USE The Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service. 5. ACCOUNT, PASSWORD, AND SECURITY If the Service requires you to create an account or membership, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. iPickem will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder. 6. PRIVACY POLICY iPickem will never sell, rent, or share any of your personal information including, but not limited to, your name, phone number, e-mail or IP address. Payments are processed at an external site in order to maintain maximum protection of your personal and financial information. 7. OBLIGATIONS AS POOL MANAGER OR MEMBER Users who create their tournaments or groups are solely and exclusively responsible for managing and maintaining them and must resolve any disputes with tournament or group members that may arise. If a tournament or group offers a prize or prizes, where not illegal nor prohibited by law, it is the sole responsibility of the tournament or group manager to ensure the prize or prizes are awarded correctly and in a timely fashion. iPickem does not in any way accept any responsibility for errors, omission, negligence or wrongful acts by any tournament or group manager or commissioner in the administration of a tournament or group, distribution of prizes, or for any other damage, direct or indirect, arising from participation in a tournament. 8. MODIFICATIONS TO SERVICE iPickem reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iPickem shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 9. LOCATION OF LAWSUIT In the event a dispute arises that cannot be solved by amicable negotiation, users and iPickem agree to place their dispute before the American Arbitration Association, at a location agreeable to both. 10. INDEMNITY You agree to indemnify and hold iPickem and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any law or rights of a third party. 11. DISCLAIMER OF WARRANTIES You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. iPickem and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. iPickem and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected. 12. LIMITATION OF LIABILITY You expressly understand and agree that iPickem and, where applicable, its parent, subsidiaries, affiliates, officers, agents, employees, and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if iPickem has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 13. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.