TERMS OF SERVICE FOR MYSPORTSPOOLS.COM

1. ACCEPTANCE OF TERMS

mySportsPools.com provides its services 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.mySportsPools.com/tos.html. In addition, when using particular mySportsPools.com services, both you and mySportsPools.com shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

mySportsPools.com provides users with a web-based software application for creating and managing sports pools, including but not limited to, professional football, professional baseball, professional basketball and professional hockey. mySportsPools.com reserves the right to alter its supported sports, as well as the mechanisms in which users are ranked at any time. The use of mySportsPools.com's services is intended for entertainment purposes only. mySportsPools.com does not endorse illegal gambling and the services offered by mySportsPools.com should not be construed as supporting illegal gambling. mySportsPools.com is neither affiliated with nor endorsed by any professional sports organization. In addition, mySportsPools.com is neither responsible nor liable for any telecommunication or internet service costs you incur while using our service.

3. PRIVATE POOLS

All pools on mySportsPools.com are considered private. It is the responsibility of the private pool manager and private pool members to ensure that the pool meets all local, state and federal legal requirements. If the pool has a prize, it is the sole responsibility of the individual pool manager to award that prize. mySportsPools.com is neither responsible nor liable, in any way, shape or form, for awarding private pool prizes. mySportsPools.com is neither responsible nor liable for ensuring the legality of a private pool.

4. YOUR REGISTRATION OBLIGATIONS

To register on mySportsPools.com, pool managers need to enter a pool name and type/format, their name, email address, street adress, city, state, country, zip/postal code and telephone number. The pool manager will also enter the participant's name and email address. Participants need to accept invitations from said pool manager. Both parties will be given a random password and may change it at any time. The email address for both managers and participants will be used as the login identification ("username"). Should a user forget his/her password, they may reset their password and have the new password sent to them via the email address on record. If a user has changed email addresses, he/she should notify the pool manager immediately and the pool manager will make the necessary changes to the user's account record in an acceptable timeframe. All changes to email addresses will be logged by the system, including capturing the login credentials of the individual that processed the change.

5. PRIVACY POLICY

mySportsPools.com will only keep a users name and email address on record. Passwords are encrypted and can only be reset, not retrieved. Any other personal information that was collected during registration is deleted upon successful payment processing.

6. USERNAME, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify mySportsPools.com 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. mySportsPools.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. LOCATION OF LAWSUIT

You and mySportsPools.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia, USA.

8. 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.

9. LIABILITY LIMIT

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $20.

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.

10. INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, 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.