Welcome
to PowerPlayWins.com. By using our site
and it's services, you are hereby agreeing and
consenting to the Terms and Conditions. If
for any reason you do not agree with these terms
you should not user our web site.
Please note: This is
not a betting site. Information and recommendations made and sold by
PowerPlayWins.com are for entertainment and informational purposes only.
Any use of this information in violation of any federal, state and/or
local laws is prohibited. Past performance does not guarantee future
results. Any reliance on such information and recommendations is at the
sole discretion and risk of the subscriber. PowerPlayWins.com does not
profit from any winnings, and is not liable for any losses incurred as a
result of it's information or recommendations. All sales are final.
1. TERMS OF SERVICE
PowerPlayWins.com provides the Website, the
Content, and the Services to you subject to the
following Terms of Service here forth referred
to as "TOS". The TOS may
be updated by us from time to time without
notice to you. We suggest that from time to time
you review the TOS for possible changes. In
addition, when using any Services or accessing
any Content, you will be subject to any posted
guidelines or rules applicable to such Services
or Content. All such additional guidelines or
rules are hereby incorporated by reference into
the TOS.
2. SERVICES AND CONTENT
PowerPlayWins.com provides its users with
different features and services which may be
updated, deleted or otherwise changed at the
discretion of PowerPlayWins.com from time to
time. The website and its content belong
to PowerPlayWins.com and the use of any such
content is for non-commercial, entertainment
purposes only. PowerPlayWins.com will
assume no responsibility with your use of any of
the content within the site. You may not
release, republish, resell or in anyway shape or
format redistribute any of the content within
the website for any use without the prior
written permission of PowerPlayWins.com.
3. ACCESS TO SERVICES
In order to use the Website or the Services or
access the Content, you must obtain access to
the World Wide Web and pay any service fees
associated with such access. In addition, you
must provide all equipment necessary to make
such connection to the World Wide Web, including
a computer and modem or other access device.
4. BACKGROUND INFORMATION
In order to use the Services, you may be
required to register with PowerPlayWins.com by
providing certain information about yourself,
including your name and e-mail address. In
consideration of your use of the Services, you
agree to provide true, accurate, current and
complete information about yourself as requested
in connection with the provision of and/or
registration for any of the Services, subject,
of course, to all applicable laws. If you
provide any information that is untrue,
inaccurate, not current, or incomplete, or
PowerPlayWins.com has reasonable grounds to
suspect that such information is untrue,
inaccurate, not current, or incomplete,
PowerPlayWins.com has the right to suspend or
terminate your password and/or refuse any and
all current or future use of the Services.
5. ACCESS BY MINORS
You must be at least 18 years old or older to
purchase access or view content on this website.
You agree to provide correct and accurate
information concerning your age in connection
with the registration for any Services, subject,
of course, to all applicable laws.
6. PRIVACY POLICY
All information collected about you during
registration for use of the Services will be
used in accordance with our Privacy Policy and
all applicable laws.
We will never sell, release, distribute, or in
anyway share your information with any group,
party, company or person.
7. MEMBER USERNAME & PASSWORD AND
SECURITY
You will receive a username and password upon
completing the registration process for use of
the Services. You are responsible for
maintaining the confidentiality of the username
and password, and are fully responsible for all
activities that occur under your username and
password. PowerPlayWins.com cannot and will
not be liable for any loss or damage arising
from your failure to comply with this Section 7.
PowerPlayWins.com has the right to terminate
your username and password at anytime without
notice or refund, if it is determined that you
have violated any terms of our TOS. Reasons for
termination may include (but not limited to)
attempting or initiating a chargeback or bounced
check, posting our paid content on public forums
and/or in emails, sharing your username and
password with others, etc...
8. MEMBER CONDUCT
You agree that in connection with your use of
the Website, the Services, and the Content you
will not:
a. Upload, post, email or otherwise transmit any
content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of anyone's
privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. Harm or attempt to harm minors in any way;
c. Impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
d. Upload, post, email or otherwise transmit any
content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
e. Upload, post, email or otherwise transmit any
content that infringes any patent, trademark,
trade secret, copyright or other intellectual
property right of any party;
f. Upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation;
g. Upload, post, email or otherwise transmit any
material that contains software viruses or any
other computer code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or
telecommunications equipment;
h. Interfere with or disrupt the Website, the
Services, the Content or servers or networks
connected to the Website, the Services or the
Content, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Website, the Services and/or
the Content;
i. Intentionally or unintentionally violate any
applicable local, state, national or
international law.
9. INDEMNITY
You agree to indemnify, defend and hold harmless
PowerPlayWins.com, the directors, governors,
owners, other officials, partners, partnerships,
principals, employees, affiliates and other
related entities, servants, agents,
representatives, successors and assigns from and
against any claim or demand, including
reasonable attorneys' fees, arising out of
Messages you post to, submit or transmit through
the Website or the Services, your use of the
Website or the Services, your connection to the
Website or the Services, your violation of the TOS, or your violation of any rights of another.
10. MODIFICATIONS TO WEBSITE,
INCLUDING THE SERVICES
PowerPlayWins.com reserves the right at any
time and from time to time to modify or
discontinue, temporarily or permanently, the
Website or Services (or any part thereof) with
or without notice.
11. TERMINATION
You agree that PowerPlayWins.com, in its
sole discretion, may terminate your username and
password or use of the Website and/or the
Services, and remove and discard any Message
within the Services, for any reason, including,
without limitation, for lack of use or if
PowerPlayWins.com believes that you have
violated or acted inconsistently with the letter
or spirit of the TOS. PowerPlayWins.com may
also in its sole discretion and at any time
discontinue providing the Website or the
Services, or any part thereof, with or without
notice. You agree that any termination of your
access to the Services under any provision of
this TOS may be effected without prior notice,
and acknowledge and agree that PowerPlayWins.com may immediately deactivate or delete your
username and password and all related
information and/or files corresponding to your
username and password and/or bar any further
access to such files or the Services.
12.
PowerPlayWins.com ADVERTISERS
AND VENDORS
Your correspondence or business dealings with,
or participation in promotions of, advertisers
and vendors found on or through the Services or
the Website, including payment and delivery of
related goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser and/or vendor.
You agree that PowerPlayWins.com shall not
be responsible or liable for any loss or damage
of any sort incurred as the result of any such
dealings or as the result of the presence of
such advertisers or vendors on the Website or in
connection with the Services. All of your
business dealings with vendors and advertisers
appearing on the Website or in connection with
the Services shall be at your sole risk.
13. LINKING
The Website and/or Services may provide, or
third parties may provide, links to other World
Wide Web sites or resources. Because
PowerPlayWins.com has no control over such sites and
resources, you acknowledge and agree that
PowerPlayWins.com is not responsible for the
availability of such external sites or
resources, and do not endorse and are not
responsible or liable for any content,
advertising, products, or other materials on or
available from such sites or resources. You
further acknowledge and agree that
PowerPlayWins.com shall not be responsible or
liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in
connection with use of or reliance on any such
content, goods or services available on or
through any such site or resource.
14. PROPRIETARY RIGHTS
Services and Content are the property of
PowerPlayWins.com and are licensed to
PowerPlayWins.com and may not be reproduced without the
prior written consent of PowerPlayWins.com.
You further acknowledge and agree that (i) any
necessary software used in connection with the
Website, the Services, and the Content (the
"Software") contains proprietary and
confidential information that is protected by
applicable intellectual property and other laws
and are either owned by or licensed to
PowerPlayWins.com; and (ii) content contained in
sponsor advertisements or information presented
to you through the Website, the Services, and
the Content or advertisers is protected by
copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as
expressly authorized by PowerPlayWins.com or
advertisers, you agree not to reproduce,
republish, upload, post, transmit, distribute,
copy, publicly display or otherwise use any
Content or any derivative works based on the
Website, Services, Content or the Software, in
whole or in part. You agree not to modify the
Software in any manner or form, or to use
modified versions of the Software, including
(without limitation) for the purpose of
obtaining unauthorized access to the Services.
You agree not to access the Services by any
means other than through the interface that is
provided by PowerPlayWins.com for use in
accessing the Services.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE WEBSITE, THE SERVICES AND THE
CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE
SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
PowerPlayWins.com EXPRESSLY DISCLAIMS 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.
b.PowerPlayWins.com MAKES NO WARRANTY THAT
(i) THE WEBSITE, SERVICES OR THE CONTENT WILL
MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE
SERVICES OR THE CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM YOUR USE OF THE
WEBSITE, THE SERVICES OR THE CONTENT WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE, THE SERVICES OR THE CONTENT WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE SOFTWARE OPERATING ON THE WEBSITE WILL BE
CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE OR THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR
THROUGH OR FROM THE SERVICES OR THE CONTENT
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
PowerPlayWins.com SHALL NOT BE LIABLE 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 PowerPlayWins.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE
WEBSITE, THE SERVICES, OR THE CONTENT; (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 WEBSITE, THE SERVICES, OR
THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v)
ANY OTHER MATTER RELATING TO THE WEBSITE, THE
SERVICES, OR THE CONTENT.
17. 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 OF SECTIONS 17 AND 18 MAY NOT
APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or
regular mail. The Website may also provide
notices of changes to the TOS or other matters
by displaying notices or links to notices to you
generally on the Services.
19. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the
extent such frame contains any sponsorship,
advertising, or other commercial text or
graphics. All links to the Website must be to
www.powerplaywins.com, the Website home
page. "Deep Linking" to internal pages of the
Website is expressly prohibited.
20. NO REFUND POLICY (ALL SALES ARE
FINAL)
All sales are final.
After your successful purchase, you will receive
the goods you ordered. Should there be a billing
or account mistake on your membership, we will
compensate by adding the proper amount of days
onto your membership length. Your
membership begins the day you sign up and ends
after you have used up your consecutive daily
limit. We do not offer refunds of any sort, and
we do not share in any profits made by you, nor
will be liable for any losses incurred from our
advice. Our service only provides information
and does not accept actual sports wagers. This
website and it's content is offered for
entertainment and information purposes only, and
should not be used to violate any local, state
or federal laws.
21. GENERAL PROVISIONS
The TOS constitute the entire agreement between
you and PowerPlayWins.com and governs your
use of the Website, the Services, and access to
the Content, superseding any prior agreements
between you and PowerPlayWins.com. You also
may be subject to additional terms and
conditions that may apply when you use affiliate
services, third-party content or third-party
software. The TOS and the relationship between
you and PowerPlayWins.com shall be governed
by the laws of the state of Arkansas without
regard to its conflict of law provisions. You
and PowerPlayWins.com agree to submit to the
personal and exclusive jurisdiction of the
courts located within the state of Arkansas. The
failure of PowerPlayWins.com to exercise or
enforce any right or provision of the TOS shall
not constitute a waiver of such right or
provision. If any provision of the TOS 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 the TOS
remain in full force and effect. 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 Services or the
TOS must be filed within one (1) year after such
claim or cause of action arose or be forever
barred. The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
