Welcome to PlayoffComputer.com and PlayoffComputer Online. By using our websites you are agreeing to comply with and be bound by the following terms and conditions.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to our sites ("the Sites"). This agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Sites, the content, or services provided by or listed on the Sites, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Sites, and you should review this Agreement prior to using the Sites.
2. Copyright. The content, organization, graphics, design, and other matters related to the Sites are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification, reverse-engineering, or publication by you of any such matters or any part of the Sites is strictly prohibited, without our express prior written permission.
3. Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information, or other content appearing on the Sites, including this Agreement.
4. Indemnification. You agree to indemnify, defend and hold us harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Sites.
5. Disclaimer. The content and services listed on the Sites are 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 title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to the Sites and any website with which they are linked. The information and services may contain bugs, errors, problems, or other limitations. We have no liability whatsoever for your use of any information or service, in particular, but not as a limitation, we are not liable for any indirect, incidental, or consequential damages (including damages for loss of business, loss of profits, loss of money, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability, or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and the user. The Sites 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 Sites shall create any warranty, representation, or guarantee not expressly stated in this agreement.
6. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic files containing the forms, documents, and programs on the Sites is disclaimed. We will not be liable for any incidental, special, or consequential damages of any kind that may result from use of or inability to use the Sites.
7. Third-Party Websites. All rules, terms and conditions, other policies and operating procedures of third-party linked websites will apply to you while on such Websites. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. The Sites and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Sites and access these third-party linked sites, you do so at your own risk.
8. Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
9. Reliance of Third-Party Information and Websites. The Sites and programs offered by us rely on services, software, programs, and information provided by third-party businesses and organizations in order to function, including, but not limited to, such third-parties as Google, Eclipse, Yahoo!, ESPN, My Fantasy League, and PayPal. Changes, modification, or deletion of services, software, programs, and information by third-parties may cause the Sites and programs contained within to be inoperable. We cannot be held liable for any damages, including loss of use, caused by such actions made by a Third-Party.
10. The programs made available for use by us on the Sites often require the User's electronic device (eg computer) to perform repetitive calculations for long periods of time. You agree that any determination of suitability for your device(s) to perform such calculations is made solely by yourself, and that we are not liable for any damages caused to any device while using the Sites or the programs made available by us.
11. General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the Sites or their programs, or services obtained by you through such use, shall be litigated in the circuit court of Anchorage, Alaska or the United States District Court for the District of Alaska. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Anchorage, Alaska or the District of Alaska is an inconvenient forum or an improper forum based on lack of venue. The Sites are controlled by Happy Husky Services, LLC of Alaska. As such, the laws of Alaska will govern the terms and conditions contained in this Agreement and elsewhere throughout the Sites, without giving effect to any principles of conflicts of laws.