ACCEPTANCE OF TERMS
Welcome to nascarpoolsonline.com ('NPO'), owned and operated by Ocean State Web LLC. Nascar Pools Online provides its service 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: Nascar Pools Online Terms of Service. In addition, when using particular Nascar Pools Online services, you and Nascar Pools Online shall be subject to any posted guidelines or rules applicable to such services which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
DESCRIPTION OF SERVICE
Nascar Pools Online provides users with a powerful, easy to use, customizable application for hosting private Nascar racing pools.
Nascar Pools Online provides race statistics, and other useful information pertaining to fantasy sports and all of this information is for entertainment only and should be considered to be unofficial. While Nascar Pools Online will use reasonable efforts to include accurate and timely information, Nascar Pools Online will not warrant or make any respresentations of any kind with respect to the information provided to you. Nascar Pools Online shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service, and shall not be responsible or liable for any error or omissions in that information.
Nascar Pools Online will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to Nascar Pools Online from all or part of the internet. Nascar Pools Online will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. Nascar Pools Online will not accept responsibility for any consequences resulting from disruptions in service.
Nascar Pools Online will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems generally in current use on the internet, and every reasonable effort to ensure these programs are free of defects. Nascar Pools Online will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.
Nascar Pools Online is strictly for entertainment purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering. If you know (or have reason to suspect) that the service is being used for purposes of gambling or any other unlawful activity, you must notify Nascar Pools Online immediately via email@example.com. Nascar Pools Online may pursue legal remedies against such persons.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the service any materials which: (a) Restrict or inhibit any other user from using and enjoying the service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. You represent, warrant and covenant that you will comply with these Terms of Service in connection with your use of the Nascar Pools Online service.
RESERVATION OF RIGHTS
Nascar Pools Online expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any Nascar Pools Online service for any reason, including, but not limited to, Nascar Pools Online believes: you have used the service for gambling purposes; you have violated or tried to violate the rights of others; or believes that you have acted inconsistently with the spirit or letter of the TOS. Nascar Pools Online has the right to modify or discontinue service, including terminating any games you have organized or are participating in, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that Nascar Pools Online will not be liable to you or to any third party for any modifications or discontinuance of service, including the termination of any games you organized or are participating in.
LICENSE TO USE SOFTWARE
Users have a limited license to access and use the software that comprises the service. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the Nascar Pools Online service functions. No rights of any kind in any of Nascar Pools Online's software, programs or other property shall accrue to any user.
YOUR REGISTRATION OBLIGATIONS
To register on Nascar Pools Online you need to enter an email address, username and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the My Account page. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service.
USERNAME, PASSWORD AND SECURITY
You will create a username and password when registering with Nascar Pools Online. The username you pick will be unique to the website and no other user will have the same username. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify Nascar Pools Online 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. Nascar Pools Online cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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.
LIMITATIONS OF LIABILITY
In no event shall we, our subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, or the performance of, the service, even if forseeable or Nascar Pools Online has been advised of the possibility of such damages whether in an action of contract, negligence or other tortious action. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our liability, and the liability of our subsidiaries, employees, and suppliers, to you or any third parties in any circumstance exceed the greater of (A) The amount of fees you pay to us in the 12 months prior to the action giving rise to liability, or (B) $50.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Notwithstanding the foregoing, Nascar Pools Online retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Nascar Pools Online herein under the terms and provisions of this Section and in no event shall you settle any such claim without Nascar Pools Online's prior written approval.
If you witness any user activity in the service that violates these Terms of Service, please notify us of the activity via firstname.lastname@example.org. Nascar Pools Online cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.
Nascar Pools Online is in no way affiliated with or licensed by NASCAR. Nascar Pools Online is not a gambling website and is intended for entertainment purposes only.