Terms of Use and Privacy Policy

Terms Of Use

1. ACCEPTANCE OF TERMS

Piggly Picks provides its service to you, subject to the following Terms of Use, which may be updated without notice to you. You can review the most current version of the Terms of Use here at any time.

2. ELIGIBILITY

In order to participate in the services provide by Piggly Picks, you must be thirteen (13) years of age or older at the time of registration.

3. DESCRIPTION OF SERVICE

Piggly Picks provides users with an easy to use, customizable application for hosting football pools. Piggly Picks provides team statistics and match ups, game scores, links to expert analysis and other useful information pertaining to football and all of this information is for entertainment only and should be considered to be unofficial. While Piggly Picks will use reasonable efforts to include accurate and timely information, we will not warrant or make any representations of any kind with respect to the information provided to you. Piggly Picks 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.

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

Piggly Picks 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 that these programs are free of defects. We will not accept responsibility or liability for any consequences resulting from incompatibility between its software and programs and those of any users.

4. ENTERTAINMENT ONLY

Piggly Picks is strictly for entertainment purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering.

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, libellous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offence, 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 Piggly Picks service.

6. RESERVATION OF RIGHTS

Piggly Picks reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of our service for any reason, including, but not limited to the following: We believe you have used the service for gambling purposes; you have violated or tried to violate the rights of others; or we believe that you have acted inconsistently with the spirit or letter of these Terms of Use. Piggly Picks 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 Piggly Picks 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 OUR 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 Piggly Picks website, services or functions. No rights of any kind in any of Piggly Picks’s software, programs or other property shall accrue to any user.

8. REGISTRATION OBLIGATIONS

To register on Piggly Picks you need to enter a valid email address, username and password, and you need to agree to these Terms of Use. 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.

9. USERNAME, PASSWORD AND SECURITY

You will create a username and password when registering with Piggly Picks. The username you pick will be unique to the website and no other user will have the same username. 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 username. You agree to (a) immediately notify Piggly Picks of any unauthorized use of your username or any other breach of security, and (b) ensure that you log off from your account at the end of each session. Piggly Picks cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

10. ARBITRATION

Any dispute relating in any way to your use of the Piggly Picks website and the services offered therein shall be submitted to confidential arbitration in Tucson, Arizona. You agree that any Dispute between you and Piggly Picks shall be resolved exclusively and finally by arbitration chosen by Piggly Picks, using interpretations under Arizona law, and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before an arbitrator, and will be limited solely to the Dispute between you and Piggly Picks. 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 judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party, 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. § 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 Terms 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 Piggly Picks; or (iii) any other dispute arising out of or relating to the relationship between You and Piggly Picks.

11. APPLICABLE LAW/JURISDICTION

By visiting the Piggly Picks website, even if accessed from a location outside the United States, you agree that the laws of the State of Arizona will govern these disclaimers, Terms of Use 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, Terms of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Arizona.

12. INVALIDITY OF SPECIFIC TERMS

If any provision of this Terms of Use 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 endeavour 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.

13. 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 PIGGLY PICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS 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.

14. 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, judgements, 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, Piggly Picks 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 Piggly Picks herein under the terms and provisions of this Section 14 and in no event shall you settle any such claim without Piggly Pick’s prior written approval.

Privacy Policy

We respect your privacy. We do not share your information with outside parties or companies. The league administrator will have access to your email address and username, but not your password. Other people can see your username, but not your email address or password.

Your league administrator may request that you enter other personal information into the website, like your real name, address or phone number. That information is only available to your league administrator. We never sell or give that information to outside sources.

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