IMPORTANT: WHAT’S ON THE RATIONALPICKS.COM WEB SITE BELONGS TO US. WE ARE NOT RESPONSIBLE FOR YOU. THE
FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF RATIONALPICKS.COM AND CONTAIN IMPORTANT INFORMATION AND
LEGAL OBLIGATIONS. READ THESE TERMS OF SERVICE CAREFULLY.
THE INFORMATION ON THIS SITE IS FOR YOUR ENJOYMENT AND ENTERTAINMENT PURPOSES ONLY. WE ARE NOT LIABLE FOR ANY
LOSSES THAT ARE INCURRED AS A RESULT OF THE INFORMATION PROVIDED THROUGH THIS WEBSITE OR ANY USE OF THE
WEBSITE. THIS IS NOT A BETTING SITE. INFORMATION AND RECOMMENDATIONS MADE ARE FOR ENTERTAINMENT AND
INFORMATIONAL PURPOSES ONLY. THIS INFORMATION IS NOT INTENDED TO VIOLATE ANY LOCAL, STATE, OR FEDERAL LAWS. ANY
RELIANCE ON SUCH INFORMATION AND RECOMMENDATIONS IS AT THE SOLE DISCRETION AND RISK OF THE SUBSCRIBER.
BY USING THE RATIONALPICKS.COM WEBSITE, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF ALL OF THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE RATIONALPICKS.COM WEBSITE OR SERVICES.
1. Acceptance of Terms of Service.
By using the Internet site located at RATIONALPICKS.com (“RATIONAL PICKS” or the “Site”) or any services provided in connection with the Site (collectively,
the “Service”), you agree to abide by these Terms of Service, as they may be amended by Rational Sports, LLC doing business as RATIONAL PICKS (“Company”
or “RATIONAL PICKS”), from time to time in its sole discretion. It is your responsibility to review these Terms of Service periodically, and if at any time you find
these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
2. Privacy
Company respects your privacy. A complete statement of Company’s current privacy policy can be found by viewing the Privacy Policy on the
RATIONALPICKS.com web site. The RATIONAL PICKS PRIVACY POLICY is expressly incorporated into these Terms of Service by this reference.
3. Intellectual Property Rights
A. COPYRIGHT. All contents of Site or Service are: Copyright © 2008-2009 Rational Sports, LLC. All rights reserved.
B. Use of Content. Company may make certain copyrighted materials available to you from the Site and the Service. All copyrighted material from the Site and
Service, including all files and images contained in or generated by any software, and accompanying data, and all other works of authorship embodied in such
materials (collectively, “Licensed Materials”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does
not transfer either the title or the intellectual property rights to any Licensed Materials, and Company retains full and complete title to the Licensed Materials as
well as all intellectual property rights therein. You may not copy, publicly display, rent, sell, redistribute, or reproduce the Licensed Materials. All trademarks and
logos are owned by Company or its licensors and you may not copy or use them in any manner except as may be incidental to the proper exercise of your rights
under these Terms of Service.
C. Valuable Proprietary Property. You acknowledge that the Site, the Service and the Licensed Materials constitute valuable and proprietary property of
Company or its licensors. If you want to use Licensed Materials or any aspect of the Site or the Service in any manner not expressly permitted by these Terms of
Service, you must obtain Company’s prior written consent to any such use, which consent may be withheld by Company in its sole discretion, and which consent,
if granted, may be conditioned on your payment of a fee for the desired rights.
D. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by
Company or by any third party.
4. Disclaimer of Warranties and Limitation of Liability
A. DISCLAIMER OF WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY
KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
B. LIMITATION OF LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,
REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER
MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract,
tort, or any other legal theory or form of action.
5. Use Disclaimer, Restrictions and Indemnity.
A. DISCLAIMER.
The Site and the Service are for entertainment only and are provided to you solely for your personal use; they are not to be used in direct or indirect violation of
any local, state, federal or international laws, rules or regulations. You understand and agree that Company cannot provide you with any legal advice or
assurances regarding your use of the Site and the Service, and it is your sole responsibility to ensure that at all times you comply with the laws that govern you
and that you have the complete legal right to use the Site and the Service. Use of the Site and the Service is at your sole option, discretion and risk. All data
and information you obtain or otherwise learn from the Site or the Service is proprietary to Company and may not be reproduced, distributed, displayed or
transmitted (except as may occur in connection with your permitted use of the Site) in whole or in part in any manner without the written prior consent of
Company.
B. USE RESTRICTIONS.
You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data
not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the
Service, the Site, or any associated system or network; (c) interfering or attempting to interfere with service or content or transmission to any user, host, or network;
(d) copying, forwarding or distributing any content from the Site or Service. Any violation of system or network security may subject you to civil and/or criminal
liability.
C. INDEMNITY.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and
all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or the
Service, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other
right of any person or entity.
6. Applicable Law/Jurisdiction
These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the Washington, without reference to their
rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in King County, Washington, for all
disputes arising out of or related to the use of the Site or Service.
7. Waiver/Severability
The failure of Company to require or enforce strict performance by You 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 Company’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 of Service 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 of Service, which shall continue to be in full force and effect.
8. Modifications
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Service; and (c) discontinue the
Site and/or Service at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such
posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by
continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
9. Entire Agreement.
These Terms of Service constitute the entire agreement between You and Company with respect to the subject matter hereof.
10. Section Titles.
The section titles in the Terms of Service are for convenience only and have no legal effect.
FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF RATIONALPICKS.COM AND CONTAIN IMPORTANT INFORMATION AND
LEGAL OBLIGATIONS. READ THESE TERMS OF SERVICE CAREFULLY.
THE INFORMATION ON THIS SITE IS FOR YOUR ENJOYMENT AND ENTERTAINMENT PURPOSES ONLY. WE ARE NOT LIABLE FOR ANY
LOSSES THAT ARE INCURRED AS A RESULT OF THE INFORMATION PROVIDED THROUGH THIS WEBSITE OR ANY USE OF THE
WEBSITE. THIS IS NOT A BETTING SITE. INFORMATION AND RECOMMENDATIONS MADE ARE FOR ENTERTAINMENT AND
INFORMATIONAL PURPOSES ONLY. THIS INFORMATION IS NOT INTENDED TO VIOLATE ANY LOCAL, STATE, OR FEDERAL LAWS. ANY
RELIANCE ON SUCH INFORMATION AND RECOMMENDATIONS IS AT THE SOLE DISCRETION AND RISK OF THE SUBSCRIBER.
BY USING THE RATIONALPICKS.COM WEBSITE, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF ALL OF THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE RATIONALPICKS.COM WEBSITE OR SERVICES.
1. Acceptance of Terms of Service.
By using the Internet site located at RATIONALPICKS.com (“RATIONAL PICKS” or the “Site”) or any services provided in connection with the Site (collectively,
the “Service”), you agree to abide by these Terms of Service, as they may be amended by Rational Sports, LLC doing business as RATIONAL PICKS (“Company”
or “RATIONAL PICKS”), from time to time in its sole discretion. It is your responsibility to review these Terms of Service periodically, and if at any time you find
these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
2. Privacy
Company respects your privacy. A complete statement of Company’s current privacy policy can be found by viewing the Privacy Policy on the
RATIONALPICKS.com web site. The RATIONAL PICKS PRIVACY POLICY is expressly incorporated into these Terms of Service by this reference.
3. Intellectual Property Rights
A. COPYRIGHT. All contents of Site or Service are: Copyright © 2008-2009 Rational Sports, LLC. All rights reserved.
B. Use of Content. Company may make certain copyrighted materials available to you from the Site and the Service. All copyrighted material from the Site and
Service, including all files and images contained in or generated by any software, and accompanying data, and all other works of authorship embodied in such
materials (collectively, “Licensed Materials”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does
not transfer either the title or the intellectual property rights to any Licensed Materials, and Company retains full and complete title to the Licensed Materials as
well as all intellectual property rights therein. You may not copy, publicly display, rent, sell, redistribute, or reproduce the Licensed Materials. All trademarks and
logos are owned by Company or its licensors and you may not copy or use them in any manner except as may be incidental to the proper exercise of your rights
under these Terms of Service.
C. Valuable Proprietary Property. You acknowledge that the Site, the Service and the Licensed Materials constitute valuable and proprietary property of
Company or its licensors. If you want to use Licensed Materials or any aspect of the Site or the Service in any manner not expressly permitted by these Terms of
Service, you must obtain Company’s prior written consent to any such use, which consent may be withheld by Company in its sole discretion, and which consent,
if granted, may be conditioned on your payment of a fee for the desired rights.
D. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by
Company or by any third party.
4. Disclaimer of Warranties and Limitation of Liability
A. DISCLAIMER OF WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY
KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
B. LIMITATION OF LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,
REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER
MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract,
tort, or any other legal theory or form of action.
5. Use Disclaimer, Restrictions and Indemnity.
A. DISCLAIMER.
The Site and the Service are for entertainment only and are provided to you solely for your personal use; they are not to be used in direct or indirect violation of
any local, state, federal or international laws, rules or regulations. You understand and agree that Company cannot provide you with any legal advice or
assurances regarding your use of the Site and the Service, and it is your sole responsibility to ensure that at all times you comply with the laws that govern you
and that you have the complete legal right to use the Site and the Service. Use of the Site and the Service is at your sole option, discretion and risk. All data
and information you obtain or otherwise learn from the Site or the Service is proprietary to Company and may not be reproduced, distributed, displayed or
transmitted (except as may occur in connection with your permitted use of the Site) in whole or in part in any manner without the written prior consent of
Company.
B. USE RESTRICTIONS.
You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data
not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the
Service, the Site, or any associated system or network; (c) interfering or attempting to interfere with service or content or transmission to any user, host, or network;
(d) copying, forwarding or distributing any content from the Site or Service. Any violation of system or network security may subject you to civil and/or criminal
liability.
C. INDEMNITY.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and
all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or the
Service, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other
right of any person or entity.
6. Applicable Law/Jurisdiction
These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the Washington, without reference to their
rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in King County, Washington, for all
disputes arising out of or related to the use of the Site or Service.
7. Waiver/Severability
The failure of Company to require or enforce strict performance by You 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 Company’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 of Service 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 of Service, which shall continue to be in full force and effect.
8. Modifications
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Service; and (c) discontinue the
Site and/or Service at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such
posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by
continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
9. Entire Agreement.
These Terms of Service constitute the entire agreement between You and Company with respect to the subject matter hereof.
10. Section Titles.
The section titles in the Terms of Service are for convenience only and have no legal effect.
| TERMS OF SERVICE |
| ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. |
| Copyright © 2008-2009 Rational Sports, LLC. All Right Reserved. Privacy Policy. Terms of Service. Rational Sports, Rational Picks, Rational Edge, Rational Rankings, and The Rational Sports Machine are Trademarks of Rational Sports, LLC. |
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