REDZONESPORTSPICKS.COM
Terms and Conditions of Use
Welcome to the website of RedZoneSportsPicks.com ("REDZONESPORTSPICKS.COM")
(hereinafter, the "Website") and thank you, the visitor ("You") for
reviewing our Terms and Conditions of Use. We hope that You will enjoy
this Website. REDZONESPORTSPICKS.COM makes this Website, including all
information, documents, communications, files, text, graphics, software,
and audio/visual files (collectively, the "Service") available for Your
use but only subject to the Terms and Conditions of Use set forth below.
The Terms and Conditions of Use spell out what You can expect from us
and what we expect from You.
1. Acceptance of Terms and Conditions of Use.
BY USING THIS WEBSITE AND/OR CREATING AN ACCOUNT OR ACCESSING OR VIEWING
OUR SERVICE, YOU ACCEPT AND AGREE TO ALL TERMS, CONDITIONS AND NOTICES
CONTAINED OR REFERENCED ON THE WEBSITE (HEREINAFTER, THE "TERMS AND
CONDITIONS OF USE"). PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE,
DO NOT USE THIS WEBSITE OR ANY SERVICE FROM THE WEBSITE. BY ACCESSING,
USING, OR DOWNLOADING IN ANY WAY, WITHOUT LIMITATION, ANY SERVICE FROM
THIS WEBSITE, OR MERELY BROWSING THIS WEBSITE, YOU AGREE TO AND ARE BOUND
BY THESE TERMS AND CONDITIONS OF USE.
YOU AGREE THAT ANY USE OF THE SERVICE BY YOU IS FOR NEWS, INFORMATIONAL
AND ENTERTAINMENT PURPOSES ONLY AND ANY USE OF THE SERVICE IN VIOLATION
OF ANY FEDERAL, STATE OR LOCAL LAWS IS PROHIBITED AND YOU HOLD
REDZONESPORTSPICKS.COM AND ITS SERVICE PROVIDER HARMLESS FROM ANY LIABILITY
ARISING FROM YOUR PROHIBITED USE OF THE SERVICE.
REDZONESPORTSPICKS.COM reserves the right to change the Terms and Conditions
of Use at any time, without prior notice to any Website visitor. For this
reason, we encourage You to review these Terms and Conditions of Use
whenever You use our Website. If You breach any of the Terms and
Conditions of Use, your authorization to use this Website automatically
terminates without any further notice to You.
2. Eligibility.
To be eligible to register and create an authorized account ("Account"),
You must be at least the age of majority in the applicable jurisdiction.
By using this Website and Service, You represent and/or warrant that You
have the right, authority and capacity to enter into this agreement and
to abide by all of these Terms and Conditions of Use. REDZONESPORTSPICKS.COM
reserves the right, in its sole and absolute discretion, to refuse
Service and access to any visitor.
3. Local Laws, Service Not Available in Some Jurisdictions.
You are subject to the laws of the country, state, province, city or
other legal entity (collectively "Jurisdiction") in which You reside
and/or from which You access the Website and the Service. Access to the
Website may not be legal for some or all residents of, or persons present
in, certain Jurisdictions. Additionally, different Jurisdictions have
different age of majority restrictions. It is Your responsibility to
determine the law that applies in the applicable Jurisdiction and
REDZONESPORTSPICKS.COM does not make any representation or warranty,
express or implied, as to the lawfulness of Your participation in or use
of Service on this Website are appropriate for use in Your Jurisdiction.
If You open an account and/or participate in or access the Service
offered on the Website or simply browse the Website while located in a
prohibited Jurisdiction, You will be in violation of the law of such
Jurisdiction and these Terms and Conditions of Use, and you will be
subject to having Your Account or Your future use of the Website
suspended or terminated.
4. Account Responsibility.
A. Account Responsibility.
When you create Your Account or purchase any products or services from
this site, You represent that You are at least twenty-one (21) years of
age and are not a person barred from receiving services under the laws of
the United States or the age of majority in any other applicable
Jurisdiction. You agree to (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's order
form (the "Order Data") and (b) maintain and promptly update the Order
Data to keep it true, accurate, current and complete. If You provide any
information that is untrue, inaccurate, not current or incomplete, or
REDZONESPORTSPICKS.COM has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
REDZONESPORTSPICKS.COM has the right to suspend or terminate Your Account
and refuse any and all current or future use of the Service (or any
portion thereof). You are responsible for paying all fees and charges
(plus applicable taxes) associated with the use of the Service under
Your Account, including fees or charges incurred for premium features
or options and payment for purchases made through the Service.
B. Secrecy Obligation.
If you are given confidential information or identifiers for Your
Account ("Identifiers"), it is Your responsibility to keep these
Identifiers secure and confidential. Some or all of these Identifiers
are required to access certain information. In the event that You are
concerned that Your Identifiers are no longer secure and confidential,
You should immediately notify REDZONESPORTSPICKS.COM by sending an e-mail
to info@RedZoneSportsPicks.com, whereupon new Identifiers may be selected
and allocated and any future transactions under the previous Identifiers
may be voided, at the sole discretion of REDZONESPORTSPICKS.COM. Without
limiting the foregoing, any transactions made and accepted on the Website
where Your Identifiers have been used (and where You have not previously
notified REDZONESPORTSPICKS.COM as provided herein) will be treated as
valid.
C. No Transfer.
Under no circumstances shall You allow or permit any other person or
third party, including without limitation any person under the legal age
to use the Service in Your applicable Jurisdiction, and in no event any
person under the age of majority, to use or re-use Your Account or Your
Identifiers in such a way that may breach the standards or laws in any
Jurisdiction where You are located and/or are a resident, or where such
other person is located and/or is a resident. Any person found to have
violated this section may be reported to the relevant authorities.
5. Price and Payment.
You are responsible for paying all fees and charges (plus applicable
taxes) associated with the use of the Service under Your Account,
including fees or charges incurred for premium features or options and
payment for purchases made through the Service. Unless otherwise stated,
(i) payment of all fees and charges must be made by a valid, approved
credit, debit or charge card at the time of purchase; and (ii) all fees
and charges (including subscription fees) are non-refundable. You agree
that any purchases made by You via credit card are specifically
authorized to be charged to the credit card given by You at the time of
purchase.
6. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial
Use Limitation.
All Service and the compilation of all content included on this Website
that are owned or licensed by REDZONESPORTSPICKS.COM are protected by United
States and international copyright laws.
REDZONESPORTSPICKS.COM does not claim ownership of copyrights owned by third
parties that may appear on this Website.
You have been granted a limited license to view and use the Service
subject to these Terms and Conditions of Use. Unless otherwise specified,
the Service on this Website is for Your personal and non-commercial use.
You may not sell or modify the Service or reproduce, display publicly or
otherwise use the Service in any way for any public or commercial
purpose. Permission to reprint or electronically reproduce any document
or graphic, in whole or in part, for any other purpose is expressly
prohibited without prior written consent from REDZONESPORTSPICKS.COM. Users
may not provide copyrighted or other proprietary information to
REDZONESPORTSPICKS.COM without permission from the owner of such material
or rights. Users are solely responsible for obtaining such permission
and for any damages resulting from unauthorized disclosures or
infringement.
B. Trademarks.
REDZONESPORTSPICKS.COM owns trademarks and service marks for its many goods
and services and all of its Website and the content therein, and the
associated graphics, logos and service marks that are trademarks of
REDZONESPORTSPICKS.COM may not be used without prior written consent of
REDZONESPORTSPICKS.COM. All other trademarks, product names, and company
names and logos appearing on the Website are the property of their
respective owners.
C. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions
("Ideas") disclosed, submitted, or offered to REDZONESPORTSPICKS.COM in
connection with Your use of this Website shall be the exclusive property
of REDZONESPORTSPICKS.COM. User agrees that unless otherwise prohibited by
law REDZONESPORTSPICKS.COM may use, sell, exploit and disclose the Ideas in
any manner, without restriction and without compensation to User.
D. Software Use.
Any software downloaded, or embedded in the Site or installed is made
available to You pursuant to the same terms as set forth herein.
7. Privacy and Protection of Personal Information.
REDZONESPORTSPICKS.COM respects the privacy of visitors to our Website.
Please see REDZONESPORTSPICKS.COM's Privacy Policy (which is accessible
from the home page of this Website) relating to the collection and use
of Your information. User acknowledges and agrees that this Privacy
Policy, including, but not limited to, the manner in which
REDZONESPORTSPICKS.COM collects, uses and discloses User's personally
identifiable information, is incorporated and made a fundamental part
of these Terms and Conditions of Use. If User does not agree to each
and every part of REDZONESPORTSPICKS.COM's Privacy Policy, then User
should not use the Website or submit any personally identifiable
information through this Website. Questions regarding privacy issues
should be directed to REDZONESPORTSPICKS.COM as set forth in our Privacy
Policy.
8. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and Service is at User's
sole risk. Neither REDZONESPORTSPICKS.COM nor any of its officers,
directors, or employees, agents, service providers, merchants,
sponsors, licensors, component suppliers (both hardware and software),
and/or any third party who provides products or services purchased from
or distributed by REDZONESPORTSPICKS.COM, or the like, warrant that websites
affiliated with REDZONESPORTSPICKS.COM, including but not limited to this
Website, will be uninterrupted, error-free, or free of viruses, worms,
Trojan horses, keyboard loggers, spyware, adware, malware, harmful or
malicious code, or other defects. The information, products and services
published on this Website may contain inaccuracies or typographical
errors. REDZONESPORTSPICKS.COM makes no warranty as to the results that may
be obtained from the use of the Website or as to the accuracy,
reliability, or currency of any information content, Service, or
merchandise provided through the Website. Furthermore,
REDZONESPORTSPICKS.COM shall not be responsible for any opinions, views,
advice or statements posted on the Website (including, without
limitation, in any public posting areas of the Website) by any person
or entity. At no time should the opinions, views, advice or statements
provided by advertisers, content providers, guests, independent writers
or experts be relied upon for important personal decisions without
independent verification. REDZONESPORTSPICKS.COM is not responsible for
any decisions made, financial or otherwise, based on information or
links provided by REDZONESPORTSPICKS.COM.
The information available on the Website is for news, informational and
entertainment use only. Any use of the information provided in the
Website which is in violation of any federal, state, provincial or local
law is strictly prohibited. REDZONESPORTSPICKS.COM expressly does not take
any responsibility for how You make use of the information provided in
the Website.
Information on this Website may be provided by third parties. Such third
parties are independent contractors to REDZONESPORTSPICKS.COM and are
therefore responsible for their own marketing information, specks
information and, therefore, REDZONESPORTSPICKS.COM is expressly NOT liable
for any inaccuracies or any misrepresentations which may be continued
therein.
The opinion, editorials and any other information provided on the
Website by the above-noted independent contractors are not necessarily
these of REDZONESPORTSPICKS.COM.
A. Disclaimer of Warranties.
WE DO NOT WARRANT OR GUARANTEE ANY RESULT FROM THE USE OF THIS WEBSITE
OR ANY SERVICE.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE (IF ANY), IS PROVIDED
BY REDZONESPORTSPICKS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, REDZONESPORTSPICKS.COM
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED
AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. REDZONESPORTSPICKS.COM
AND ITS SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY
OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR
THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. A SMALL PERCENTAGE OF USERS MAY
EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability.
REDZONESPORTSPICKS.COM AND ITS SERVICE PROVIDER DO NOT GUARANTEE THE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY
RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH
BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF REDZONESPORTSPICKS.COM AND ITS
SERVICE PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
REDZONESPORTSPICKS.COM AND ITS SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS
WEBSITE, SOFTWARE (IF ANY), OR ANY RELATED SERVICES, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF
REDZONESPORTSPICKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING
ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES
OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO REDZONESPORTSPICKS.COM'S RECORDS, PROGRAMS, OR
SERVICES, AND WHETHER OR NOT REDZONESPORTSPICKS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON
REDZONESPORTSPICKS.COM'S GOODS OR SERVICES, FROM INABILITY TO USE
REDZONESPORTSPICKS.COM'S GOODS OR SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF REDZONESPORTSPICKS.COM'S SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
YOUR USE OF THIS WEBSITE.
9. Third Party Links.
This Website may contain links to other websites and may forward Users
to other websites within the same Internet browser window. These
websites are not under the control of REDZONESPORTSPICKS.COM, and the
existence of a link on the Website does not imply any endorsement of
the linked websites by REDZONESPORTSPICKS.COM or any affiliation between
REDZONESPORTSPICKS.COM and the owners of the linked websites.
REDZONESPORTSPICKS.COM and its service provider makes no warranties or
representations, and disclaims all liability, relating to the accuracy,
content, terms of use, privacy policies, products, services, legality,
reliability, viewpoint, accuracy, currency, decency, or any other aspect
of the linked Websites. You agree that REDZONESPORTSPICKS.COM and its
service provider have no responsibility to You with respect to such
material. REDZONESPORTSPICKS.COM encourages You to examine the privacy
policies and/or terms of use policies of any third party website.
10. Online Conduct.
User agrees to use the Website and the Services provided through this
Website only for lawful purposes. Unacceptable uses of the Website
include without limitation: (i) engaging in any illegal activity or the
planning of any illegal activity; (ii) disseminating or transmitting
statements or material that, to a reasonable person, may be abusive,
obscene, hateful, pornographic, defamatory, harassing, grossly
offensive, vulgar, threatening or malicious; (iii) creating,
disseminating or transmitting files, graphics, software or other
material that actually or potentially infringes the copyright,
trademark, patent, trade secret, publicity or other intellectual
property rights of any person; (iv) creating a false identity or
otherwise attempting to mislead any person as to the identity or origin
of any communication; (v) exporting, re-exporting or permitting the
downloading of any Service, software or content in violation of any
export or import law, regulation or restriction of the United States
or Canada and their agencies or authorities, or without all required
approvals, licenses or exemptions; (vi) interfering, disrupting or
attempting to gain unauthorized access to other Accounts on the Website
or any other computer network; (vii) disseminating or transmitting
viruses, worms, Trojan horses, Remote Access Trojans (RATs), keyboard
loggers, time bombs, spyware, adware, cancelbots or any other malicious
or invasive code or program; or (viii) engaging in any other activity
deemed by REDZONESPORTSPICKS.COM to be in conflict with the spirit or
intent of this Website.
11. Circumvention.
User acknowledges and agrees that User shall not circumvent or attempt
to circumvent any of these Terms and Conditions of Use, the Service
offered through this Website or otherwise interrupt or attempt to
interrupt the operations of the Website (collectively, a "Circumvention
Act"). If REDZONESPORTSPICKS.COM or its service provider determines, in
its sole discretion, that User has engaged, or attempted to engage,
in any Circumvention Act, use automated technology or otherwise commit
fraud with regard to the Website, then, in such an event, User will be
subject to suspension or termination of User's access to the Website
and/or Service, and REDZONESPORTSPICKS.COM and its service provider
reserves the right to institute civil or criminal proceedings against
User and to report User to the relevant regulatory authorities.
12. Termination.
These Terms and Conditions of Use are effective until terminated by
either party. User may terminate these terms at any time by discontinuing
use of the Website. User's access to the Website may be terminated
immediately without notice from REDZONESPORTSPICKS.COM if in our sole
discretion User fails to comply with any term or provision of these
Terms and Conditions of Use.
13. Security.
If You use this Website, You are responsible for restricting access to
Your computer and ensuring that Your computer is free from all types of
malicious code, spyware, viruses, Trojans, etc. that may track any data
You enter via this Website, including e-mail address, credit card
number, and other payment related information. In addition, (and if
applicable) You are responsible for maintaining the confidentiality of
Your REDZONESPORTSPICKS.COM account ("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. You agree to (a) immediately notify REDZONESPORTSPICKS.COM of
any unauthorized use of Your password or Account or and other breach
of security, and (b) ensure that You exit from Your Account at the end
of each session. REDZONESPORTSPICKS.COM cannot and will not be held liable
for any loss or damage arising from Your failure to comply with this
section.
REDZONESPORTSPICKS.COM and its service provider each reserves the right to
monitor all network traffic to this Website to identify and/or block
unauthorized attempts or intrusions to upload or change information or
cause damage to this Website in any fashion. Anyone using this Website
expressly consents to such monitoring.
14. Indemnification.
You agree to defend, indemnify and hold harmless REDZONESPORTSPICKS.COM
and its subsidiaries, agents, managers, service providers, licensors,
content providers and other affiliated companies, and their employees,
contractors, agents, officers and directors from and against all
liabilities, actions, claims and expenses, including legal fees arising
out of or relating to: (a) Your use of the Website or the Service,
including any data or work transmitted or received by You or any service
provider; (b) any other party's access and use of the Website or the
Service with Your unique Identifiers; (c) Your connection to
REDZONESPORTSPICKS.COM's site; (d) Your violation of these Terms and
Conditions of Use; (e) Your violation of any sports betting regulations,
edicts or laws to which You are subject; or (f) Your violation of any
rights of a third party or service provider.
15. Arbitration.
Any dispute relating in any way to Your visit to Website shall be
submitted to confidential arbitration in Hartford, Connecticut except
that, to the extent You have in any manner violated or threatened to
violate REDZONESPORTSPICKS.COM's intellectual property rights,
REDZONESPORTSPICKS.COM may seek injunctive, equitable, or other
appropriate relief in any state, provincial or federal court and the
User consents to exclusive jurisdiction and venue in the states and
federal courts in the State of Nevada. You and REDZONESPORTSPICKS.COM
agree that any Dispute between You and REDZONESPORTSPICKS.COM shall be
resolved exclusively and finally by arbitration administered by the
National Arbitration Forum ("NAF"), using interpretations under
Connecticut law, and conducted under its rules, except as otherwise
provided below. You and REDZONESPORTSPICKS.COM will agree on another
arbitration forum if NAF ceases operations. The arbitration will be
conducted before a single arbitrator, and will be limited solely to
the Dispute between You and REDZONESPORTSPICKS.COM. The arbitrator's
award, including attorneys' fees, shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms
and Conditions of Use, or Privacy Policy shall be joined to an
arbitration involving any other party subject to these Terms and
Conditions of Use, or Privacy Policy 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 paragraph. This arbitration
provision shall be governed by the US Federal Arbitration Act, 9 U.S.C.
.5.5 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 and Conditions 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 REDZONESPORTSPICKS.COM; or iii) any other
dispute arising out of or relating to the relationship between You and
the REDZONESPORTSPICKS.COM. Information may be obtained from the NAF
online at www.arb-forum.com, by calling 800-474-2371, or writing to
P.O. Box 50191, Minneapolis, Minnesota, 55405.
16. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the
United States, You agree that the laws of the State of Connecticut will
govern these disclaimers, Terms and Conditions of Use, Privacy Policy,
or Software Terms, without giving effect to any principles of conflicts
of laws. REDZONESPORTSPICKS.COM reserves the right to make changes to its
Website and these disclaimers, Terms and Conditions of Use, Privacy
Policy, and Software Terms at any time. User hereby irrevocably and
unconditionally consents to jurisdiction in the State of Connecticut.
17. Waiver/Severability.
The failure of REDZONESPORTSPICKS.COM to require or enforce strict
performance by User 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 REDZONESPORTSPICKS.COM'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 and Conditions
of Use 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 and Conditions of Use,
which shall continue to be in full force and effect.
18. Statute of Limitations.
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
Website, Terms and Conditions of Use, or Privacy Policy must be filed
within ONE (1) YEAR after such claim or cause of action arose or be
forever barred.
19. California Consumer Notice.
As required by California Code Section 1789.3, this notice is to advise
You that (a) this Website is a service provided by REDZONESPORTSPICKS.COM
and REDZONESPORTSPICKS.COM can be contacted at RedZoneSportsPicks.com c/o
PAYWIRE Incorporated, 56 Arbor Street, Suite 418, Hartford, CT telephone
number (888) 799-2914, and that (b) the fees and charges for the Service
vary depending on the particular features and services selected by the
User. REDZONESPORTSPICKS.COM reserves the right to change the amount of any
fee or charge and to institute new fees or charges, effective on
reasonable notice to the Users of the Service. If You have a complaint
regarding the Service or desire further information on use of the
Service, contact REDZONESPORTSPICKS.COM by telephone at (888) 799-2914.
For complaints, You may also contact the Complaint Assistance Unit of
the Division of Consumer Services of the Department of Consumer Affairs
in writing at 400 "R" Street, Sacramento, California 95814 or by
telephone at 1-916-445-1254.
20. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement
between the User and REDZONESPORTSPICKS.COM with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter. Any waiver of any provision of the Terms and Conditions of Use,
or Privacy Policy will be effective only if in writing and signed by
REDZONESPORTSPICKS.COM.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE
NO LEGAL OR CONTRACTUAL EFFECT.
Date Last Modified: January 23, 2008.
These Terms and Conditions of Use may be changed at any time, without
prior notice.