Terms and Conditions
Effective Date: February 19, 2018
Welcome to the Handicapper Think Tank website (the "HTT Site") provided by HC Think Tank, LLC ("HCTT"). These HTT Site Terms and Conditions ("HTT Terms") govern your use of this HTT Site and the applications, products and services offered by HCTT (collectively, the "Services").
These HTT Terms are effective as of the Effective Date above. We may change these HTT Terms in the future so we encourage you to review them periodically. The most current version of the HTT Terms (along with its effective date) will be linked from each of the Services. Accordingly, you agree that we may notify you of the then applicable HTT Terms by posting them on the Services or HTT Site (or in any other reasonable manner of notice which we elect). If you do not agree with any changes to any of the HTT Terms, your sole remedy is to discontinue use of the Services. If you continue to use the Services after we change these HTT Terms, your continued use constitutes your acceptance to all changes.
Please review the HTT Terms carefully before using the Services because they affect your rights. By using the HTT Site, any of the Services and/or the audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, advice, predictions, statistics, data and other content associated with the Services (the "Content") you accept and consent to the terms and conditions of these HTT Terms, and agree to be legally bound by them.
Your use of the HTT Site, the Services and the Content are also subject to your compliance with all applicable laws and regulations. If you do not agree to any of the terms and conditions in this agreement, you should not use the HTT Site, the Services, or the Content.
The HTT Site currently provides users with various features and services, including statistical review, handicapper picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of HCTT.
HCTT assumes no responsibility in connection with your use of the HTT Site, the Services, or the Content. The HTT Site, the Services and the Content are provided for your non-commercial entertainment and enjoyment. You may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of HCTT, which permission may be withheld at HCTT’s sole discretion.
ENTERTAINMENT PURPOSES ONLY
THE HTT SITE, THE SERVICES AND THE CONTENT ARE BEING PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND ARE NOT INTENDED TO BE USED FOR ANY FORM OF GAMBLING OR WAGERING. You are prohibited from using the Services to gamble or wager on the result of any game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE HTT SITE, THE SERVICES, THE CONTENT AND ANY MESSAGE (DEFINED BELOW) IS AT YOUR SOLE RISK. THE HTT SITE, THE SERVICES AND THE CONTENT (INCLUDING ANY MESSAGE) ARE PROVIDED ON AN "AS IS" AND "AVAILABLE" BASIS. HCTT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
b. HCTT MAKES NO WARRANTY THAT: (i) THE HTT SITE, SERVICES OR THE CONTENT (INCLUDING ANY MESSAGE) WILL MEET YOUR REQUIREMENTS, (ii) THE HTT SITE, THE SERVICES OR THE CONTENT (INCLUDING ANY MESSAGE) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE HTT SITE, THE SERVICES OR THE CONTENT (INCLUDING ANY MESSAGE) WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HTT SITE, THE SERVICES OR THE CONTENT (INCLUDING ANY MESSAGE) WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE HTT SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HTT SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE HTT SITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT (INCLUDING ANY MESSAGE) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND HCTT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES YOU INCUR FROM YOUR USE OF THE CONTENT (INCLUDING ANY MESSAGE) PROVIDED ON THE SERVICES.
e. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.
a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, statistics, advice, predictions, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the HTT Site and/or in connection with any of the Services (each, a "Message"), you are, by transmitting or uploading such Message, granting HCTT a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose, in any form and via any media now known or later developed. This license is granted automatically and no payment of any kind will be due to you. At times, HCTT may solicit Messages from users. Your provision of any such Messages in response to a solicitation by HCTT shall be subject to a grant of a license to HCTT as specified above.
b. When any user posts any Message to the HTT Site or any of the Services, HCTT shall have the right, but not the obligation, to review, edit or delete any Message for any reason, at HCTT’s sole discretion. It is HCTT’s policy to fully cooperate with law enforcement authorities and court orders which request or require HCTT to disclose personal information or the postings of anyone posting Messages to the HTT Site or any of the Services, in accordance with the Terms. Although HCTT may monitor and/or review Messages from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any Messages including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that HCTT may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the HTT Terms; (c) respond to claims that any Message violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HCTT, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Certain Services require payment before you can access it (the “Subscription Services”). To subscribe to the Subscription Services, you will first need to be a registered user of the HTT Site. When you provide payment information, as part of your subscription you represent and warrant that the information you provide is accurate, that you are authorized to use the Payment Method (as defined below) provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. Subject to compliance with the terms and conditions set forth in the HTT Terms, during the subscription term, a user who has purchased a subscription to the Subscription Services will have a limited, revocable, non-transferable and non-exclusive license for a user's personal access to view the subscription Content via up to four (4) unique devices owned by the user. User will use their username and password for purposes of accessing the Subscription Content.
a. You shall: (a) be responsible for the security and/or use of his or her username and password; (b) not disclose that information to any person or entity; (c) not permit any other person or entity to use your username or password; and (d) use your subscription in accordance with the terms and conditions of the HTT Terms. HCTT reserves the right to deny, suspend or revoke access to the subscription Content, in whole or in part, if HCTT believes a user is in breach of the HTT Terms or is otherwise using or accessing the subscription Content in a manner inconsistent with the terms and conditions of this Agreement. Users acknowledge and agree that HCTT is providing access to and use of the subscription Content to multiple customers and those services are non-exclusive and non-transferable by user.
b. Individuals must be 18 years of age (or the applicable age of majority in the jurisdiction where you reside) or over in order to subscribe to the Subscription Services. By subscribing to the Subscription Services you acknowledge that you are 18 years of age (or the applicable age of majority in the jurisdiction where you reside) or over and that by using the Subscription Services, you may be exposed to Content that you find objectionable. It is your sole responsibility to determine whether the Content in the Subscription Services is suitable for you.
c. As described herein, if you cancel your subscription to the Subscription Services during a subscription period, you will not receive a refund for any portion of the service fees for the remainder of the current subscription period.