TOS

TOS

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Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to RunMyPools.com ("RMP"), owned and operated by Pool Administration LLC dba RunMyPools LLC.  RMP 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 this page. In addition, when using particular RMP Services, you and RMP 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 RMP.

2. ELIGIBILITY

In order to use the Content or Services, you must be eighteen (18) years of age or older at the time of registration.  By agreeing to these TOS, you represent and warrant that you are over the age of 18 and you will not allow anyone under the age of 18 to use your account for any purpose.

3. DESCRIPTION OF SERVICE; LICENSE.

RMP provides users with a customizable hosting service for “entertainment-only” games, involving multiple sports played worldwide (the “Services”). YOU MAY NOT USE THE SERVICES FOR GAMBLING, WAGERING, POOLS, OR ANY ILLEGAL PURPOSE.  IF YOU DISCOVER THAT ANY PARTY IS USING THE SERVICES OR RMP WEBSITE FOR ANY SUCH PURPOSE, PLEASE NOTIFY RMP IMMEDIATELY AT [email protected]. FOR MORE INFORMATION, SEE SECTION 4, BELOW.

The content, information, data, designs, code, and materials associated with the Services ("Content") are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.  RMP owns the Content, the Services, and the results and proceeds of the Services, and nothing herein shall be construed as transferring any ownership in and to the Content or Services from RMP to any party, including you. Subject to these TOS, RMP grants you a limited, non-transferable license to access and use the Services and Content only for your own personal, non-commercial use and only for an Acceptable Use (as defined below). RMP reserves all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without RMP’s permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services. RMP may provide game scores and other information pertaining to sports or related events of interest.  All of this information is supplied for entertainment purposes only and should be considered to be unofficial. While RMP will use reasonable efforts to include accurate and timely information, RMP does not warrant or make any representations of any kind with respect to the information provided to you. RMP shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, the Services, or the Content, and shall not be responsible or liable for any error or omission in that information.

RMP 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 outages, natural disasters, changes in law, strikes, etc. may from time to time prevent access to RMP from all or part of the internet. RMP will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. RMP is not responsible for any consequences resulting from disruptions in service, and disclaims any liability related thereto or arising therefrom.

RMP will make a reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and a reasonable effort to ensure these programs are free of defects. RMP is not responsible for any consequences resulting from incompatibility between its software and programs and those of any users, and disclaims any liability related thereto or arising therefrom. You may only use the Services and Content for the purpose of participating in non-gambling, non-wagering entertainment-only games and activities (the “Acceptable Use”).  Any other use is strictly prohibited (each such use, a “Prohibited Use”).  Prohibited Uses include, but are not limited to, the use of the Content or Services to do the following or assist others to do the following:

• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
• Link to the Content or Services from a site or transmit any material that is inappropriate, profane, vulgar, threatening, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that RMP deems, in its sole discretion, to be otherwise objectionable;
• Frame the Services or Content, display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the RMP and any third party or potentially deprive RMP of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Restrict or inhibit any other user from using and enjoying the Content or Services;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without RMP’s prior written permission (including, without limitation, by sending spam);
• Take or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;
• Interfere with others using the Content or Services or otherwise disrupt the Content or Services;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and RMP;
• Engage in unauthorized spidering, "scraping," or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Make or draft any statement that contains false or misleading indications of origin or statements of fact;
• Defeat any access controls, access any portion of the Content or Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
• Use the Content or Services for any other purpose prohibited under these TOS.

4. ENTERTAINMENT AND MARKETING ONLY

RMP’s Content and Services are strictly for entertainment or marketing purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering. The discussion of gambling or wagering in any RMP chat rooms or on RMP message boards is also strictly prohibited.  If you know (or have reason to suspect) that the Content or Services are being used for purposes of gambling or any other unlawful activity, you must notify RMP immediately via [email protected]. RMP may pursue legal remedies against such persons. 

5. REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that you: (a) will only use the RMP website, Content and Services for the Acceptable Use;  (b) will not upload, post, transmit, distribute or otherwise publish through the RMP website, Content, and Services any materials, or take any action, that constitutes a Prohibited Use;  (c) are 18 years old or older, and will not allow any person under that age to use the RMP website, Content and Services; and (d) will comply with these TOS in connection with your use of the RMP website, Content and Services.

6. RESERVATION OF RIGHTS

RMP expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any Services or access to Content for any reason.  In the event that such termination is without cause, RMP will refund your administration fee for the season for which you entered, if any.  IN THE EVENT OF TERMINATION BY RMP OF YOUR ACCOUNT AND RIGHTS UNDER THIS AGREEMENT WITHOUT CAUSE, YOU AGREE THAT THE REFUND OF YOUR ADMINISTRATION FEE WILL BE THE TOTAL DAMAGES OWED TO YOU FOR SUCH TERMINATION.  In the event that such termination is due to your breach of these TOS or wrongdoing by you, RMP may immediately terminate your account without notice, and such termination does prejudice RMP’s right to pursue damages against you for such breach.  RMP has the right to modify or discontinue the Services, 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 RMP will not be liable to you or to any third party for any modifications or discontinuance of the Services or Content, including the termination of any games you organized or are participating in.

7.  USER CONTENT

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to RMP, its affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions. Your User Submissions must not: (a) disrespect your fellow users; (b) include vitriol, vile, obscene, or defamatory language; (c) include any reference to gambling or wagering, or illegal acts, of any kind; (d) violate applicable law; (e) be made for, or in furtherance of, any Prohibited Use; (f) violate the intellectual property, personal, or property rights of any third party; or (g) violate any other promise or obligation under these TOS.  Your User Submissions may only be in furtherance of, or reflective of, an Acceptable Use. RMP may refuse or remove a User Submission without notice. However, RMP has no obligation to monitor User Submissions, and you agree that neither RMP nor its affiliates and partners, will be liable for User Submissions or any loss or damage resulting from User Submissions.  To that extent, in the event that any third-party, government entity, or user claim, demand, judgment, suit, liability, or cost (including reasonable attorney’s fees) (collectively, “Liability”) is made against RMP arising from or related to any User Submission, you hereby agree to indemnify, defend, and hold harmless RMP from any against such Liability. Except as provided in the Privacy Policy, RMP does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others. You represent and warrant that you have all rights necessary to grant to RMP the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law

8. PRIVACY POLICY

The RMP Privacy Policy is found to the left.  You agree to be bound by its terms.  It may be updated from time to time without notice to you.

9. YOUR REGISTRATION OBLIGATIONS

To register on RMP you need to enter an email address and password, and you need to agree to these Terms of Service. Since RMP uses 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 PROFILE page. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service.

10. PASSWORD AND SECURITY

You will login with an email and password when registering with RMP. The username you pick can be different for every pool you join and no other user will have the same email login. 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 RMP 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. RMP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

11. GOVERNING LAW; JURISDICTION; ARBITRATION

By visiting the RMP website, even if accessed from a location outside the United States, or using RMP Content or Services, you agree that the laws of the State of Washington will govern these disclaimers, TOS or Privacy Policy, without giving effect to any principles of conflicts of laws. RMP reserves the right to make changes to our website and these disclaimers, TOS or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Washington, and venue in King County, Washington, and the arbitration provision as set forth below.  Any dispute arising from or relating in any way to your use of the RMP website, Content, and the Services (“Dispute”) shall be submitted to confidential arbitration in Washington State. You agree that any Dispute between you and RMP shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Washington law, in King County, Washington, and conducted under its rules, except as otherwise provided below. You and RMP will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and RMP. The arbitrator may award reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the arbitration provision. 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 TOS or Privacy Policy shall be joined to an arbitration involving any other party subject to these TOS 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 Section.

12. CREDITS RMP may offer you credits toward Services, Content, or other benefits.  In the event that such credits are offered to you, such credits are not granted or transferred to you, but are only licensed to you through a non-transferable, royalty-free license.  The credits have no cash value, and may NOT be exchanged for money.  If RMP cancels its Services, removes Content, alters these TOS, or otherwise terminates this Agreement or your subscription or rights hereunder, your right to any credits or accrued credits will also immediately cease.
13. 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.

14. WARRANTIES; LIMITATIONS OF LIABILITY

RMP, ITS MANAGERS, MEMBERS, EMPLOYEES, OFFICERS, AGENT, PARENT COMPANIES, SUBSIDIARY COMPANIES AND AFFILIATES (COLLECTIVELY, “RMP PARTIES”) DO NOT WARRANT THAT: (1) THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THE SERVICES, CONTENT, OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE RMP PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE RMP PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE RMP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). THE RMP PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES , CONTENT, OR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO RMP IN THE TWELVE MONTHS PRECEEDING THE CLAIM. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE RMP PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE RMP PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, AND SIMILAR STATE STATUTES, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to indemnify, defend, and hold harmless the RMP Parties 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, RMP 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 RMP herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without RMP's prior written approval.

16. REPORT VIOLATIONS
If you witness any user activity in the service that violates these Terms of Service, please notify us of the activity via [email protected].  RMP 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.