GridironGod.com
Terms
and Conditions
By joining GridironGod.com
(“Game“), you agree to the following terms and conditions of Gridiron
God, LLC (“GridironGod.com“, “we“, “our“ or “us“). These
terms and conditions are collectively referred to as this
“Agreement.“ By using our
Website in any way and/or registering to participate in exclusive games and
other contests, services, sweepstakes and promotions made available hereunder,
you are agreeing to comply with and be bound by the following Terms and Conditions.
In addition, by using GridironGod.com, you agree to abide by all game rules, privacy
policies, and posting guidelines, which may change from time to time. Please
review the following terms carefully. If you do not agree to these terms, any
guidelines, or any subsequent modifications thereto or become dissatisfied with
GridironGod.com in any way, your only recourse is to immediately discontinue
use of GridironGod.com and you should not review information or obtain services
made available on this Website. This Agreement sets forth the full and complete
understanding of the parties with respect to the subject matter hereof and
supersedes any and all agreements and representations made by the parties on or
prior to the date of your acceptance of this Agreement.
1. MODIFICATIONS TO THIS AGREEMENT
This Agreement may be
amended at any time from time to time by us without specific notice to you. We
reserve the right, at our sole discretion, to change, modify, or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. The latest Agreement will be
posted on the Website, and you should review this Agreement prior to using the
Website. You agree to be bound to any modifications to the Agreement when you
use Website or participate in any Game after any such modification is posted.
It is therefore important that you review the Agreement regularly to ensure you
are updated as to any modifications.
2. DEFINITIONS
“Account“ or “Member Account“
means one (1) GridironGod.com Member account for one (1) Registered User.
“Ambassador Program“ or
“Referral Program“
“Content“ has the meaning
set forth in Section 8 of this Agreement.
“Game“, “Gridiron God Challenge“,
“Service“ means the exclusive fantasy football game provided on the Website.
“Game Fee“ means the yearly
fee for one (1) entry of the Game provided
by GridironGod.com.
“Member“, “You“, “Your“, or “your“ means a
Registered User owner participating in the Gridiron God Challenge.
“Price“ means the price(s)
measured in United States Dollars for the Services provided.
“Prize“ means the
“Prize Winners“ means the
Registered Users participating in the Gridiron God Challenge who wins a prize .
“Profile Page“ means the
personalized webpage of a registered GridironGod.com Member.
“Registered User“, “You“,
“Your“, or “your“ means a person who has paid all Game Fees and successfully
completed the registration form and has obtained a user identification and
associated password on the Website.
“Rules“ means the official
rules of the Gridiron God Challenge as fully set forth here: www.gridirongod.com/rules.aspx
“Website“ means www.GridironGod.com.
3. OUR SERVICES
GridironGod.com maintains,
operates and/or hosts Websites, including without limitation this Website in
order to offer you the ability to participate in exclusive fantasy Games and
other contests, sweepstakes and promotions that we may from time to time
provide. We reserve the right to reject and/or discontinue any Account, for any
reason.
4. ELIGIBILITY
To be eligible to
participate in Games the Website you must be: (a) Registered User; (b) legal
resident of one (1) of the fifty (50) United States, Washington DC, or Canada
(excluding Quebec) (for purposes of clarity, Puerto Rico is expressly
excluded); and (c) at least eighteen (18) years old and age of majority in
their state of residence at the date of registration in the Gridiron God Challenge.
PLEASE NOTE: Notwithstanding the foregoing: (i)
eligible legal residents of Canada, Arizona, Iowa, Louisiana, Montana, Vermont
and Washington may play the Games, but are not eligible to win any prizes; and
(ii) in all events you must be eighteen (18) years of age or older (if the age
of majority in a jurisdiction is over 18, you must be of the age of majority
within your jurisdiction) in order to win any prizes.
*All GridironGod.com Games
are subject to the complete applicable Official Rules. Void where prohibited by
law.
Employees of GridironGod.com
and each of its parent companies, affiliates, subsidiaries, advertising,
promotion and fulfillment agencies and members of the immediate family or
household of each are not eligible to win. Immediate family member is defined
as a parent, sibling or any person residing in the same household as an
employee of the GridironGod.com. Void where prohibited by law. Such excluded
employees and/or family members may play, but WILL NOT be eligible to receive
any prizes.
5. REGISTARTION
To become a Registered User
of GridironGod.com, you must successfully complete the registration form and
pay the applicable Game fee for the Game. You may become a Registered User of the
Website at any time. However, your chance of winning any of the prizes set
forth in the Rules may be reduced if you fail to become a Registered User prior
to the commencement of such Game. You agree to provide true, accurate, current,
and complete information about yourself as prompted during the registration
process. You acknowledge that, if any information provided by you is untrue,
inaccurate, not current, or incomplete, we reserve the right to suspend and/or
terminate your use of the Website and your participation in the Gridiron
Challenge.
As part of the registration
process, you will be asked to select a user name and password. You are
responsible for maintaining the confidentiality of your login names and
passwords and you accept responsibility for all activities, charges, and
damages that occur under your account. If you have reason to believe that
someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or
damage resulting from your failure to notify us of unauthorized use.
If we request registration
information from you, you must provide us with accurate and complete
information and must update the information when it changes. You may not access
any age-restricted Games unless you are above the required age.
6. PAYMENT
We may charge a fee for our Game.
GridironGod.com charges a yearly fee for the Gridiron God Challenge. The Game
Fee is a participation fee permitting a Registered User to play the Gridiron
Challenge. The Game Fee may vary from year to year. Registered User playing the
Gridiron God Challenge is responsible for compliance with the Terms and Conditions.
The Game Fee is $29.99 USD
for one (1) Member to play the Gridiron God Challenge. A Registered User may pay an
additional Game Fee of $29.99 USD for a fantasy football team entry in the
Gridiron God Challenge. Gridirongod.com may discount the Game Fee at its discretion
for early registration. Unless otherwise stated, all fees and charges are
non-refundable, including for unused portions of cancelled subscriptions. We do
not provide price protection or refunds in the event of a price drop or
promotional offering.
Once submitted your entry
fee becomes the sole property of GridironGod.com and will not be returned for
any reason. You agree to provide true, accurate, current, and complete
information about yourself as prompted during the registration process. You
acknowledge that, if any information provided by you is untrue, inaccurate, not
current, or incomplete, GridironGod.com reserves the right to suspend and/or
terminate your use of the Website and your participation in the Games.
7. YOUR ACCOUNT
If you wish to use our Game, you must
establish a Member account on our Website.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your Account or
password. GridironGod.com reserves the right to refuse our Services, terminate Accounts,
remove or edit content, or cancel orders in its sole discretion.
8.
RULES OF THE GRIDIRON GOD CHALLENGE
By assenting to these Terms and Conditions,
using the Website and participating in the Gridiron God Challenge, you evidence
your agreement with, and understanding of, the Rules, a copy of which is available
at the Official Rule
page on the Website.
Notwithstanding anything to the contrary
stated in the Rules, in case of a partial or full work stoppage or delay in the
professional football league related to the Game, for any reason, including
strike or lock-out, such Game will not resume until the regular participants in
the related activity (e.g., professional football players) return or the
situation is otherwise corrected. If play does not resume in the professional
football league and less than 8 weeks of the Game were completed, no Prizes for
such Game will be awarded and entry fees will not be refunded. If play does not
resume in the professional football league and 8 or more weeks were completed,
Prizes for such Game will be pro-rated and awarded based on the number of weeks
completed. GridironGod.com has the right to adjust these work stoppage.
9. REPRESENTATIONS, WARRANTIES AND COVENANTS REGARDING GRIDIRON
CHALLENGE
Each time you
participate in any Game offered on any Site, you represent and warrant that: (a)
you are a legal resident
of one (1) of the fifty (50) United States, Washington DC, or Canada (excluding
Quebec) (for purposes of clarity, Puerto Rico is expressly excluded); and (b)
at least eighteen (18) years old and age of majority in their state of
residence at the date of registration in the Gridiron God Challenge and (c) the information
provided to GridironGod.com in connection with becoming a Registered User is
true, accurate, current and complete.
All such
representations and warranties are relied upon by GridironGod.com. By becoming
a Registered User, you authorize GridironGod.com to make any and all inquiries
as GridironGod.com in its sole discretion considers necessary to verify the
information provided by you. GridironGod.com may require you to submit proof of
age, identity and place of residence as it may require, at any time. GridironGod.com
reserves the right to suspend and/or terminate your use of the Website and your
participation in all Games where it has grounds to suspect that any of the
information you have provided to GridironGod.com is untrue, inaccurate, not
current or incomplete. You maintain the responsibility to promptly update your
all such information to keep it true, accurate, current and complete.
10. REFERRAL
PROGRAM
In order to help spread the word about the
Gridiron God Challenge and to reward our Members for helping make the Website
great, we established a Referral Program which includes the financial
incentives described below.
If pursuant to the following
terms you become an “Ambassador,“ we will pay you $10. To become an “Ambassador“ all you need to do
is: (a) register for an Account to play the
Gridiron God Challenge on GridironGod.com, (b) show your approval of our Website by
clicking the “like“ button on our Facebook.com page; and (c) refer one (1) new Member
using your unique promo code who become “Qualified Referrals“ as defined below.
For a
referred Member to become a Qualified Referral for purposes hereof, such Members
must register to become an account on GridironGod.com and must have paid the Game
Fee to play the Gridiron God Challenge. Please be advised that we can only count the
same Member as a Qualified Referral for more than one person so the first
Member to refer a new Member will be the only member that will get the credit
under this program.
11. PRIZES
GridironGod.com
shall award prizes to the winners of such Game to “Prize Winners“ in accordance
with the Rules for the Game. Each Prize Winner will be notified by e-mail (or
via U.S. mail, if applicable) at the e-mail or regular mail address supplied by
such Prize Winner to GridironGod.com, and such Prize Winner will have fifteen
(15) days from the date such notification was sent to respond by following the
instructions provided in such notification. Each Prize Winner will be required
to submit valid identification to GridironGod.com and to execute those releases
GridironGod.com deems necessary, including but not limited to, an affidavit of
eligibility, a liability release and a publicity release (where permissible).
Failure to comply with these requirements may result in disqualification. GridironGod.com
is not responsible for and shall not be liable for a prize that is declined or
undeliverable, or for any prize or prize notification that is returned as
undeliverable or if the Prize Winner fails to timely return the above mentioned
documentation. In any of these situations the original Prize Winner will be
disqualified.
Any prizes
won in connection with the Game are personal to you and are not transferable to
any other person.
GridironGod.com,
its affiliates, and advertising and promotion agencies, assume no liability and
are not responsible for, and you hereby forever waive any rights to any claim
in connection with, the selection and announcement of a Prize Winner, the
distribution of a Prize, the acceptance/possession and/or use/misuse of any
part of a Prize and/or any injury or damage to any entrant's or third person's
property related to or resulting from any part of a Prize or any part of the Game.
12. GAME ERRORS
GridironGod.com,
its affiliates, and advertising and promotion agencies, assume no liability and
are not responsible for, and you hereby forever waive any rights to any claim
in connection with, errors and/or ambiguity: (a) in the Game; (b) in any
related advertising or promotions of the Game; and/or (c) in these Official
Rules including but not limited to errors in advertising, the Official Rules,
the selection and announcement of a Prize Winner or the distribution of a
Prize. In the event of any ambiguity(s) or error(s) in these Official Rules, we
reserve the right to modify these Official Rules for clarification purposes or
to correct any such ambiguity or error(s) without materially affecting the
terms and conditions of the Game.
13. INTERNET
If for any
reason the Internet portion of the program is not capable of running as
planned, including infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failures, or any other causes beyond the control of GridironGod.com
which corrupt or affect the administration, security, fairness, integrity, or
proper conduct of this Contest, GridironGod.com reserves the right, at its sole
discretion, to disqualify any individual who tampers with the entry process,
and to cancel, terminate, modify or suspend the Game. In such event, GridironGod.com
further reserves the right to award Prize(s) to the eligible players with the
most points as of the termination date and to award the Prize(s) to the players
with the best record (tie breakers rules will apply) in each league in the Game
as of termination date.
GridironGod.com
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, entries or
transactions. GridironGod.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line systems,
servers, or providers, computer equipment, software, failure of any e-mail
entry or transaction to be received on account of technical problems or traffic
congestion on the Internet or at any website, or any combination thereof,
including any injury or damage to participant's or any other person's computer
related to or resulting from participation or downloading any materials in this
Contest.
14. CORRUPTED REGISTRATION
GridironGod.com,
and their affiliates and advertising and promotion agencies, assume no
liability and are not responsible for, and you hereby forever waive any rights
to any claim in connection with, lost, late, incomplete, corrupted, stolen,
misdirected, illegible or postage due entries or mail if applicable; or for any
computer, telephone, cable, network, satellite, electronic or Internet hardware
or software malfunctions, unauthorized human intervention, or the incorrect or
inaccurate capture of entry or other information, or the failure to capture any
such information. GridironGod.com, and their affiliates and advertising and
promotion agencies, are not responsible for any incorrect or inaccurate
information, whether caused by registration information submitted by end users
or tampering, hacking, or by any of the equipment or programming associated
with or utilized in the Game, and assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to the
Game.
15. DAMAGED PROPERTY
GridironGod.com,
and their affiliates and advertising and promotion agencies, assume no
liability and are not responsible for, and you hereby forever waive any rights
to any claim in connection with, injury or damage to any Members or to any
other person's computer or property related to or resulting from participating
in the Game or downloading materials from the Game.
Any attempt by a Member to deliberately damage any website or undermine
the legitimate operation of the game is a violation of criminal and civil laws
and should such an attempt be made, Gridirongod.com reserves
the right to seek damages from any such Member to the fullest extent permitted
by law.
16.
CONTENT
You understand that all postings, messages,
text, files, images, photos, video, sounds, or other materials
(“Content“) posted on, transmitted through, or linked from the
Services, are the sole responsibility of the person from whom such Content
originated. Such Content is for your reference only and should not be relied
upon by you for any purpose. The Content may not be copied, duplicated,
distributed, downloaded (unless as required in order to participate in the
Game), sold or otherwise exploited by you in any way, except as agreed to in
writing by GridironGod.com. GridironGod.com is not responsible for the
Content's accuracy and reliability.
17.
USER CONTENT
You are entirely responsible for all Content
that you post, email or otherwise make available via the Services. You
understand that GridironGod.com does not control, and is not responsible for
content made available through the Services, and that by using the Services,
you may be exposed to Content that is offensive, indecent, inaccurate,
misleading, or otherwise objectionable. Furthermore, the Website and Content
available through the Services may contain links to other websites, which are
completely independent of GridironGod.com.
GridironGod.com makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site. Your linking to any other websites
is at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will We be liable in any way for any Content or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Services.
Terminating your account will not automatically delete Content posted by you.
You
acknowledge that GridironGod.com does not pre-screen or approve Content, but
that GridironGod.com shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via the
Services, for violating the letter or spirit of the terms and conditions or for
any other reason.
Except as provided in the Privacy Policy, we
do not guarantee that Content will be private, even if the Content is in a
password-protected area. Accordingly, you should not provide Content that you
want protected from others.
You represent and warrant that you have all
rights necessary to grant to GridironGod.com the license above and that none of
your Content are defamatory, violate any rights of third parties (including
intellectual property rights or rights of publicity or privacy), or violate
applicable law.
18. THIRD PARTY CONTENT, SITES, AND SERVICES
The Website and
Content available through the Services may contain features and functionalities
that may link you or provide you with access to third party content which is
completely independent of GridironGod.com, including web sites, directories,
servers, networks, systems, information and databases, applications, software,
programs, products or Services, and the Internet as a whole. Your interactions with organizations and/or
individuals found on or through the Services, including payment and delivery of
goods or Services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals. You
should make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these third
parties.
You agree that GridironGod.com shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings. If there is a dispute between participants on this Website,
or between users and any third party, you understand and agree that GridironGod.com
is under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release GridironGod.com, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our Services.
19.
CONDUCT
You agree not to post, email, or otherwise
make available Content:
a) that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, invasive of another's privacy, or is
harmful to minors in any way;
b) that is pornographic, sexual in content or
depicts lewd behavior;
c) that harasses, degrades, intimidates or is
hateful toward an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity or
falsely states or otherwise misrepresents your affiliation with a person or
entity
e) that includes personal or identifying
information about another person without that person's explicit consent;
f) that is false, deceptive, misleading,
deceitful, misinformative, or constitutes “bait and switch“;
g) that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party, or Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,“ “link
referral code,“ “junk mail,“ “spam,“ “chain
letters,“ “pyramid schemes,“ or unsolicited commercial
advertisement;
i) that includes links to commercial services
or web sites;
j) that advertises any illegal service or the
sale of any items the sale of which is prohibited or restricted by any
applicable law
k) 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;
l) that disrupts the normal flow of dialogue
with an excessive amount of Content (flooding attack) to the Services, or that
otherwise negatively affects other users' ability to use the Services; or
m) that employs misleading email addresses,
or forged headers or otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Services.
Additionally, you agree not to:
n) contact anyone who has asked not to be
contacted, or make unsolicited contact with anyone for any commercial purpose;
o) “stalk“ or otherwise harass
anyone;
p) collect personal data about other users
for commercial or unlawful purposes;
q) use automated means, including spiders,
robots, crawlers, data mining tools, or the like to download data from the
Service - unless expressly permitted by GridironGod.com;
r) attempt to gain unauthorized access to the
GridironGod.com computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or impairs the
functionality of, the Services or the Website.
20.
COPYRIGHT
The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to this Website are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such matters or any
part of this Website is strictly prohibited. You do not acquire ownership
rights to any Content, document or other materials viewed through this Website.
The posting of information or materials on this Website does not constitute a
waiver of any right in such information and materials.
21.
PRIVACY AND INFORMATION DISCLOSURE
GridironGod.com has established a Privacy
Policy to explain to users how their information is collected and used. The
Privacy Policy is located on the Website. Your use of Website or the GridironGod.com
Services signifies acknowledgment of and agreement to our Privacy Policy. You
further acknowledge and agree that GridironGod.com may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other Member information, if required
to do so by law or in good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce the Terms and
Conditions; respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g. phone
information, street address) of a third-party has been posted or transmitted
without their consent or as a form of harassment; protect the rights, property,
or personal safety of GridironGod.com, its Members or general public.
22. NO
SPAM POLICY
You
understand and agree that sending unsolicited email advertisements to GridironGod.com
email addresses or through GridironGod.com computer system is expressly
prohibited by these Terms and Conditions. Any unauthorized use of GridironGod.com
computer systems is a violation of these Terms and Conditions and certain
federal and state laws.
23.
LIMITATIONS OF SERVICES
You agree that GridironGod.com has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Services. You acknowledge that GridironGod.com
reserves the right at any time to modify or discontinue the Services (or any
part thereof) with or without notice, and that GridironGod.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Services.
24.
ACCESS TO THE SERVICE
GridironGod.com grants you a limited,
revocable, nonexclusive license to access the Services for your own personal
use. This license does not include: any
collection, aggregation, copying, duplication, display or derivative use of the
Services nor any use of data mining, robots, spiders, or similar data gathering
and extraction tools for any purpose unless expressly permitted by GridironGod.com.
A limited exception to is provided to general purpose internet search engines
and non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Services, provided they
each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. “General purpose
internet search engine“ does not include a website or search engine or
other service that specializes in classified listings for similar services, or
personals, or which is in the business of providing classified ad listing.
GridironGod.com permits you to display on
your website, or create a hyperlink on your website to, individual postings on
our Services and your Member Profile Page (personal web blogs or personal
online media).
25.
TERMINATION OF SERVICE
You agree that GridironGod.com in its sole
discretion, has the right (but not the obligation) to delete or deactivate your
account, block your email or IP address, or otherwise terminate your access to
or use of the Services (or any part thereof), immediately and without notice,
and remove and discard any Content within the Services, for any reason,
including, without limitation, if GridironGod.com believes that you have acted
inconsistently with the letter or spirit of the Terms and Conditions. Further,
you agree that GridironGod.com shall not be liable to you or any third-party
for any termination of your access to the Services. Further, you agree not to attempt to use the
Services after said termination.
26. EXCLUSIONS; DISCLAIMER OF WARRANTIES
THE
SERVICES AS WELL AS ANY CONTENT OR OTHER INFORMATION MADE AVAILABLE FROM OR
THROUGH THE WEBSITE IS PROVIDED “AS IS,“ “AS AVAILABLE,“
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO FULLEST EXTENT PERMITTED BY LAW). THE CONTENT,
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY CONTENT, INFORMATION OR SERVICES. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE
FULLEST EXTENT PERMITTED BY LAW, GRIDIRONGOD.COM DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE
AND THE SERVICES.
ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE.
THIS SECTION SHALL SURVIVE
ANY TERMINATION OF THIS AGREEMENT.
27. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GRIDIRONGOD.COM
BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF GRIDIRONGOD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES,
FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE
SERVICES. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES
OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES
OR ANY LINKS ON THE WEBSITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS SECTION
SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
28. VALIDITY
OF ELECTRONIC/INTERNET CONTRACTS
The
Agreements shall have the same meaning, force and effect as if executed by
hand, and all of the laws to which a hand executed agreement are subject will
govern the Agreements. A printed version of the Agreements shall be admissible
in judicial or administrative proceedings based upon or relating to the
Agreements to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
29. FORCE MAJEURE
If and to the extent that
either party may be precluded or delayed from its performance by (a) acts of
war, acts of public enemies, terrorist attacks, insurrections, riots, sabotage,
earthquakes, floods, acts of God, embargoes, authority of laws, labor disputes
(including strikes, lockouts, job actions or boycotts) or (b) fires,
explosives, failures of electric power, heat, light, air conditioning or
communications equipment or (c) other events beyond the party's reasonable
control, provided that the events described in (a), (b) and (c) above (each a
“Force Majeure Event“) are not due to the fault or negligence of the
party claiming relief, then such performance shall be excused to the extent and
for the time necessitated by such Force Majeure Event. This provision does not apply to monetary
amounts owed by either party to the other party.
30. INDEMNIFICATION
You agree to indemnify and hold GridironGod.com, its
officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make available
through the Services, your use of the Services, your violation of the Terms and
Conditions, your breach of any of the representations and warranties herein, or
your violation of any rights of another. THIS
SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
31. DISPUTES;
GOVERNING LAW
If either party gives written
notice to the other party of a dispute, the parties shall use their
commercially reasonable best efforts to resolve the dispute in good faith
within thirty (30) days after notice of the dispute. If the parties are not able to resolve a
dispute within such thirty (30) day period, the parties agree that all disputes
arising under or in any way related to this Agreement shall be submitted for
binding arbitration under the Commercial Rules of the American Arbitration
Association, except to the extent the Commercial Rules are inconsistent with
this Agreement. Any such arbitration
shall be conducted by a single arbitrator and shall be held in New Jersey. This Agreement shall be governed and
construed, and any question regarding the validity or enforceability of this
Agreement shall be determined, in accordance with the laws of the State of New
Jersey, excluding that state's conflicts of laws principles or rules.
32. GENERAL PROVISIONS
By
entering, each entrant accepts and agrees to be bound by these Terms and
Conditions, the Rules and by the decisions of GridironGod.com, which shall be
final and binding in all respects. The Terms and Conditions constitute the
entire agreement between you and GridironGod.com and govern your use of the
Services, superseding any prior agreement between you and GridironGod.com. Further,
each Member also acknowledges and agrees to the Privacy Policy. Taxes, if any,
are the sole responsibility of each of the Prize Winners. No substitution or
transfer of a Prize is permitted except by GridironGod.com. GridironGod.com
reserves the right to substitute a Prize for one of equal or greater value in
the event that an advertised prize is unavailable.
Except
where prohibited by law, a Prize Winner's acceptance of a Prize constitutes
permission for the GridironGod.com to use a Prize Winner's name, photograph,
likeness, statements, biographical information, voice and address (city and
state) worldwide, in all forms of media and for any purpose including
advertising, in GridironGod.com 's sole discretion, in perpetuity, without
further compensation. Members agree to GridironGod.com 's use of their names
and likeness for advertising and publicity purposes, without additional
compensation, unless prohibited by law.
All
federal, state, local, and provincial laws and regulations apply.
GridironGod.com
is not responsible for lost, late or misdirected on-line entries or
transactions, for incorrect, inaccurate or incomplete entry information whether
caused by a contestant, equipment, or technical malfunction or for any human
error, technical error or malfunctions. GridironGod.com reserves the right to
halt or modify the Game at any time during the Game period if events beyond
their control compromise the Game's fairness or integrity. In the event that a
scheduled football game is canceled or preempted for any reason, no points will
be awarded for that week for players on the affected NFL teams.
GridironGod.com
is not responsible for typographical or other human or technical errors in the
offer or administration of this Game, including but not limited to errors in
advertising, the Official Rules, the selection and announcement of a Prize
Winner(s) or the distribution of a Prize(s).
GridironGod.com,
in its sole discretion, may disqualify any entrant from participating in the Game,
refuse to award points or Prize(s), and require the return of a Prize(s), if
entrant engages in any conduct GridironGod.com deems to be improper, unfair or
otherwise adverse to the operation of the Game or detrimental to other
entrants. Such improper conduct includes, but is not limited to, falsifying
personal information required during Game registration or prize claim(s),
violating any term or condition stated herein, accumulating points or prizes
through methods such as automated computer scripts or other programming
techniques, allowing others to use the entrant's personal information for the purpose
of accumulating points or Prize(s), tampering with GridironGod.com 's
administration of this promotion, or intentionally trying to defraud, reverse
engineer, disassemble, decompile or otherwise tamper with the computer programs
on the Website. Entrant further acknowledges that the forfeiture of any
Prize(s) and/or return of the Prize(s) shall in no way prevent GridironGod.com
from pursuing other avenues of recourse such as criminal or civil proceedings
in connection with such conduct.
GridironGod.com
reserves the right to modify the Rules for clarification purposes without
materially affecting the terms and conditions of the Game. The Game is not
affiliated with or endorsed by NFL or any NFL team. This is a skill Contest
designed to increase consumer awareness of and interest in the GridironGod.com.
This
Contest may not be used for any form of gambling.
Your
rights and obligations under this Agreement may not be transferred or assigned
to any third party. This Agreement may only be modified or amended by a written
instrument signed by the parties. A
waiver of any right by either party will not constitute a waiver of such right
on any subsequent occasion. If any
provision of this Agreement is determined by a court of competent jurisdiction
to be invalid, such invalidity will not affect the remaining portions of this
Agreement.
Any notice required or
permitted to be given under this Agreement shall be given in writing to the
person and at the address listed below by personal delivery, next day delivery
through a nationally-recognized courier service or certified mail, return
receipt requested: If to GridironGod.com: at GridironGod.com, LLC, 93 Carpenter St, Woodbury, New Jersey 08086 and if to Member at the
address listed in the Member's account at the time that the Account was
registered with GridironGod.com.
__________________________________
Date of last revision: May 9, 2012