1. General Terms, Definitions and Interpretations.

1. Definitions. The following terms shall have the following meanings in this agreement:

1. "Privacy Policy" shall mean the document setting forth the policies of regarding the collection, retention, and use of personally identifiable information of members/subscribers.
2. "Site" shall mean the Bracket Club website.
3. "Sponsor" shall mean The Bracket Club.
4. "The Bracket Club Game Client" shall mean the software used to participate in The Bracket Club Activities.

1. Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
2. Subsection References. References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
3. Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.

1. Participation.

1. The method of entry is as follows:

Membership Fees.

1. The Bracket Club charges a fee to access certain areas of our site and receive certain membership benefits such as newsletters, individual performance ratings and Live Chat customer service, that are not available to free members. Bracket Club members will also be granted access to play in tournaments and Qualifying tournaments and participate in related activities without having to complete a mail-in registration.
2. Membership fees are nonrefundable.  
3.  The Bracket Club may modify the fees or billing methods at any time. Members will receive at least thirty (30) days notice in advance of fee or method changes. Continued use by you of the Service thirty (30) days after posting of the changes constitutes acceptance of such changes. If you decide to cancel your membership, The Bracket Club will not refund any fees accrued to your Account before you canceled. The Bracket Club will not prorate fees for any membership. If your use of our services is subject to use or sales tax, The Bracket Club may charge you for any use or sales tax.

1. TOURNAMENT RATINGS. For entry into Ratings-Based Tournaments, players are allowed entry only into the tournament specific to their rating level at the time of registration regardless of their method of entry. All players, regardless of their membership status, can obtain their current Tournament Rating by sending an email to support@thebracketclub.com and requesting this information.

1. Description of Play.

1. Brackets Games. Players may play as follows (a description of each game and its corresponding link on "How to play" are listed below):
2. The game is one which requires the knowledge and skill of basketball analysts and coaches. 
3. Members join via The Bracket Club website.
4. Members can either play free (one bracket limit) or they may join The Bracket Club
   at different levels.
5. The Levels range from Bronze to Platinum: Bronze Level accesses 1 Bracket; Silver Level accesses 2 Brackets; Gold Level accesses 3 Brackets; Platinum Level accesses 4 Brackets.
6.  Each level of membership graduates access to greater information both with respect to quantity and quality. Additionally, each graduated increase provides better amenities to the member as well as more FREE brackets.
7.  Each round provides point values (yet to be determined).
8.  Winners have the most points plus the final four and the champion correct.
9.  A Winner will receive the Grand Prize if he or she successfully selects the final four and the championship team correctly and describes his or her reasons for the selections.
10. In the event of a tie, point differentials will determine the winner (also yet to be determined how and which games).

1. Weekly Cash Tournaments - Entry requirements for Weekly Cash Tournaments are as follows:
   Entry into the Weekly Cash Tournament Finals requires players to finish in the top 10 in at least one Weekly Cash Tournament Qualifier (depending on the structure of the Qualifier) or buy in directly prior to the event during the registration period for the required amount of Bucket Points. Entry into each Weekly Cash Tournament Qualifier may require Bucket Points to buy in (participate) depending on the structure of the Qualifier. The top 5 or 10 finishers in each Weekly Cash Tournament Qualifier will win a seat at that week's Weekly Cash Tournament Finals.

1. Weekly Cash Tournament Qualifiers are scheduled tournaments. Weekly Cash Tournament Qualifiers will be held throughout each week on the times and dates to be posted on BracketClub.com. No additional players will be entered into a particular tournament once the maximum number of players is reached. Entry is on a first come, first served basis. If the number of players registered for a particular Weekly Cash Tournament Qualifier is less than 2, that particular Weekly Cash Tournament Qualifier will not be run.
2. Players can enter as many Weekly Cash Tournament Qualifiers as they have Bucket Points to meet the entry requirements but can earn only one (1) entry into the Weekly Cash Tournament Finals, regardless of how many times they qualify.
3. No cash prizes will be given out for the winners of the Weekly Cash Qualifier Tournaments.
4. Weekly Cash Tournament Finals are scheduled tournaments. Weekly Cash Tournament Finals will be held each week on the time and date to be posted on The Bracket Club. The Weekly Cash Tournament Finals have a maximum of __________ players. Players that have not qualified for the Weekly Cash Tournament Finals must monitor the Site for the starting time of the Weekly Cash Tournament Final and timely register for the event at least 15 minutes before the time and date that it is scheduled to commence. If a player fails to timely register, player forfeits entry to the tournament.

1. All tournaments will begin at the time designated in the tournament details, which may be found in the Bracket Club Game Client lobby.
2. Each player will be assigned a position. He/she may not change same.
3. Players may un-register from a tournament up to the time it starts OR until the tournament has reached capacity.
4. If a player registers for any tournament and is inactive (does not participate) during the first round, the player may be removed from the tournament at The Bracket Club's discretion and no buy in will be refunded.
5. If a player registers for any tournament and sits out at any time, the player may be removed from the tournament and no buy in will be refunded.
6. If two (2) players should be eliminated simultaneously, the player with the largest number of winswill be designated as having finished higher. 
7. If two (2) or more players should be eliminated simultaneously with the same amount of chips at the beginning, these players will tie and split the prize amount awarded to all places affected.
8. The tournament finishes when one (1) player has won all the tournament points and is declared the winner.
9. Any play deemed unethical by the Sponsor in its sole discretion (including, without limitation, team play, soft play or chip dumping) will result in the applicable player(s) being disqualified from the tournament.
10. As players are eliminated over the course of a tournament, brackets will be consolidated to keep a full complement of players. Players may be forced to new brackets upon progress of the tournament.  
11. Players and observers are asked to use the chat function in a friendly and considerate way. At no time are players and observers allowed to chat in any language other than English.
12. Internet issues may cause server interruptions and Sponsor will endeavor to limit such interruptions during a tournament, but Sponsor does not assume responsibility for any such problems. In the event of a player disconnection, Sponsor will allow extra time for the disconnected player to reconnect in the later rounds of a tournament. 

1. Player Eligibility

1. Subject To Local Laws.You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and The Bracket Club does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the tournament sweepstakes, or that materials on this Site are appropriate for use in your Jurisdiction. The Bracket Club does not intend that the Site be used by persons present in Jurisdictions in which the playing of skill based games similar to the one in which the Bracket Club engages may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by The Bracket Club for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and The Bracket Club asserts that, The Bracket Club shall not have any responsibility under any laws in any Jurisdiction, other than the state of Florida in the United States. The Bracket Club further reserves the right to require you to provide proof that you are eligible to participate and win prizes to payment of any winnings or prizes. Proof of eligibility includes, but is not limited to, a copy of a valid government issued identification and proof of address. The Bracket Club also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
2. Bracket Club services are only available to residents of the following states: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, District of Columbia. In addition, Bracket Club services are available to residents of Argentina, Australia, Brazil, Canada, Egypt, Finland, France, Germany, India, Mexico, Norway, South Africa, Spain, Sweden, Switzerland and the United Kingdom.
3. Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in the tournament sweepstakes in the applicable Jurisdiction, whichever is higher.

1. Registration

1. Initial Account Establishment. To register on the Site and become a member, you must complete the registration process at BracketClub.com and affirmatively accept these terms of use and the associated privacy policy. You will receive a specific ID and password to enable access to your account to manage your account.
2. Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant that: (i) you are at least eighteen (18) years of age, or the legal age to participate in a tournament sweepstakes in the applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in tournament sweepstakes, and the offering and operating the tournament sweepstakes are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by The Bracket Club. By applying for registration, you authorize The Bracket Club to make any and all inquiries as The Bracket Club in its sole discretion considers necessary to verify the information provided by you. THE BRACKET CLUB may require you to submit such proof of age, identity and place of residence as it may require, at any time. THE BRACKET CLUB reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
3. No Employees. No employee of THE BRACKET CLUB or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to win any prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
4. One Account Only. You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for your self. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.
5. Affirmation of Skill & Fairness. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TOURNAMENT SWEEPSTAKES ARE CONTESTS THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE TOURNAMENT SWEEPSTAKES. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.

1. Bracket Club Services. By completing the Bracket Club registration, you authorize THE BRACKET CLUB to charge applicable recurring Bracket Club fees to your designated credit card. Monthly Bracket Club members are billed on a 30-day cycle, which begins upon Bracket Club registration (or at the end of a limited trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter (each a "Bracket Club Month"). If you have signed up for an annual or quarterly Bracket Club plan, you are billed one time at the beginning of each applicable billing period. If you do not cancel before the end of the period, Bracket Club will automatically renew your Bracket Club plan at the end of the period and you will be billed according to the plan you are currently on. If your use of our services is subject to use or sales tax, then THE BRACKET CLUB may also charge you for any such taxes, besides the Bracket Club fee or other fees published at THE BRACKET CLUB. THE BRACKET CLUB reserves the right to change our fees or billing methods at any time. THE BRACKET CLUB will post any such changes in this Terms and Conditions section on at least thirty (30) days before they become effective. You are responsible for reviewing the terms and conditions section of THE BRACKET CLUB to obtain timely notice of such changes. Continued use of the Service of thirty (30) days after posting of the changes on THE BRACKET CLUB means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Bracket Club membership. THE BRACKET CLUB will only refund fees that have not accrued to your account before cancellation of your Bracket Club membership. To cancel your Bracket Club membership visit THE BRACKET CLUB and login to the Member Login area for cancellation instructions. Credit Card Authorizations for Free Trial Memberships. You must provide credit card information to register for all trial offers to the Bracket Club Service. By signing up for a free trial, you agree that THE BRACKET CLUB may obtain a pre-authorization of up to $20. Some financial institutions may perceive these requested amounts as actual pending charges. While not actual charges, THE BRACKET CLUB is not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges. If you accept a free trial of the Bracket Club, we will bill your Account when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using THE BRACKET CLUB, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.
2. Cash Prize Awards

1. Our monthly prize amount represents the total cash awarded in any calendar year, divided by the twelve (12) months of that year.

1. Cash Back Guarantee Promotion

1. In order to qualify for the guarantee you must play in at least 10 cash tournaments in your first 30 days and you must play in at least 1 tournament each week.
2. If, after 30 days, you have played in at least 10 tournaments:

1. Verify your home address in the personal info section of the "My Account" area of the web site.
2. Send an email to guarantee@The Bracket Club for verification and to claim your money.

1. You may cancel at any point, without affecting your eligibility.
2. Please allow 6 to 8 weeks for processing.

1. Account Identifiers

1. Secrecy Obligation. Once you have selected and been allocated a unique username, password and/or PIN or other appropriate security code ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify THE BRACKET CLUB by sending an e-mail to support@The Bracket Club, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of THE BRACKET CLUB. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified THE BRACKET CLUB as provided herein) will be treated as valid.
2. No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in tournament sweepstakes, and in no event any person under the age of eighteen (18) years, 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 will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
3. You Are Responsible. You agree to be solely responsible for all use of the Site (including without limitation participation in tournament sweepstakes) through the use of any of your Identifiers (except where you have notified THE BRACKET CLUB as provided above) and you agree to indemnify and hold harmless THE BRACKET CLUB, along with its parent company, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.

1. No Interest. Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the tournament sweepstakes, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
2. Account Suspension

1. Right To Cancel Account. THE BRACKET CLUB reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
2. Investigation. If your account is terminated or suspended, THE BRACKET CLUB reserves the right to determine whether to declare as void any transactions placed by you.

1. Site Use

1. Services May Change or End. THE BRACKET CLUB reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
2. You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from THE BRACKET CLUB and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
3. Telecom and Access Fees. You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
4. Odds, Risk and Fair Play. You acknowledge and agree that the tournament sweepstakes are skill based contests that measure your ability to play poker and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor.
5. Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If THE BRACKET CLUB believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and THE BRACKET CLUB reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
6. Behavior & Responsibility

1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.
2. You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any THE BRACKET CLUB web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any THE BRACKET CLUB Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any THE BRACKET CLUB Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
3. You shall accept and abide by the contest rules set forth on the contest rules web page, to be amended from time to time by THE BRACKET CLUB in the sole discretion of THE BRACKET CLUB.
4. You agree that THE BRACKET CLUB is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any THE BRACKET CLUB Site or any third party site.
5. Any attempt to defraud any THE BRACKET CLUB site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
6. You agree that THE BRACKET CLUB is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any THE BRACKET CLUB site or your account.
7. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any THE BRACKET CLUB site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the THE BRACKET CLUB site, you agree to indemnify, defend, and hold THE BRACKET CLUB harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
8. You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of THE BRACKET CLUB.

1. Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify THE BRACKET CLUB by e-mail at support@The Bracket Club. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and THE BRACKET CLUB reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. THE BRACKET CLUB will not be liable for any alleged winnings that are, in THE BRACKET CLUB's sole discretion, the result of a system error or malfunction.
2. Verification. Whenever THE BRACKET CLUB requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by THE BRACKET CLUB. Such materials will become the property of THE BRACKET CLUB and will not be returned to you.
3. Referrals.

1. If you are a Bracket Club member and you refer a "valid person" (as defined below) to Bracket Club through Bracket Club's referral process, and that person becomes a paying member of the Bracket Club Bracket Club and remains a paying member for three consecutive months, you will receive fifty dollars (US$50).
2. A "valid person" must be a new customer (and unique to Bracket Club), over the age of 18 that registers for THE BRACKET CLUB and

1. Is not registered under any other name or alias
2. Submits a valid email address
3. Submits their legal First and Last Name
4. Submits a complete valid mailing address
5. Accepts the THE BRACKET CLUB Terms & Conditions and
6. Meets all other qualifications to be a Bracket Club Players Club member and to play on the Bracket Club site as set forth in these terms and conditions, as they may be modified from time to time.

Bracket Club reserves the right to determine in its sole discretion whether a customer is a "valid person".

1. By entering a referral e-mail address, you hereby authorize Bracket Club to use your name to extend an invitation to the user of that e-mail address to join Bracket Club.
2. We may modify any of the terms and conditions of or cancel the referral program, at any time and in our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available bonus, and of referral program rules.
3. Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure.

1. Other Sites Are Not Our Responsibility. This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of THE BRACKET CLUB and you acknowledge that THE BRACKET CLUB is not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that THE BRACKET CLUB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
2. Future Marketing. You hereby acknowledge and agree that THE BRACKET CLUB and/or its affiliates may market products and services to you in the future.

1. Proprietary Rights

1. Intellectual Property. You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of THE BRACKET CLUB. Except as expressly authorized by THE BRACKET CLUB, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
2. License. THE BRACKET CLUB grants you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by THE BRACKET CLUB for use in accessing the Site.
3. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on THE BRACKET CLUB in a way that may constitute copyright infringement, you may provide notice of your claim to Provider's Designated Agent listed below. For your notice to be effective, it must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on THE BRACKET CLUB;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Provider's Designated Agent is:

The Bracket Club
West Palm Beach, Florida

info@TheBracketClub.com

 

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.

1. Privacy

1. The THE BRACKET CLUB site is not open to anyone under the age of eighteen (18).
2. The THE BRACKET CLUB site privacy policy is set forth in the Privacy Policy; you hereby agree to the terms of this policy and acknowledge that such terms and policies may be changed without specific notice to you.

1. No Warranty.

1. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE BRACKET CLUB, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BRACKET CLUB OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
4. THE BRACKET CLUB DOES NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE BRACKET CLUB, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

1. Limitation of Liability. IN NO EVENT SHALL THE BRACKET CLUB, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL THE BRACKET CLUB BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE BRACKET CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
3. Indemnity.You agree to defend, indemnify and hold harmless THE BRACKET CLUB and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any THE BRACKET CLUB site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
4. Right To Cancel Contest

1. If THE BRACKET CLUB, its parents, affiliates, managers, or directors determines that operating the tournament sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the tournament sweepstakes may be ended by THE BRACKET CLUB and THE BRACKET CLUB shall owe you nothing. THE BRACKET CLUB, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the tournament sweepstakes is cancelled.

1. Miscellaneous

1. Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by THE BRACKET CLUB, in its sole discretion, to a third party in the event of a merger or acquisition.
2. No Waiver. THE BRACKET CLUB's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. THE BRACKET CLUB's failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
3. Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and THE BRACKET CLUB with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and THE BRACKET CLUB with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
4. Notices. Except as expressly stated otherwise, any notices to THE BRACKET CLUB shall be made by registered mail to THE BRACKET CLUB, Attention: Legal Department, West Palm Beach Florida. Notices to you may be made to the e-mail address you provide to THE BRACKET CLUB during the registration process or by postal mail (including registered mail) to the address you provide to THE BRACKET CLUB during the registration process. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
5. Time 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 this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
6. Choice of Law and Forum. These terms shall be governed by and construed in accordance with the laws of Florida, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the tournament sweepstakes or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in Section 17.g of these terms.
7. Dispute Resolution. You and THE BRACKET CLUB agree that any Dispute between you and THE BRACKET CLUB will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") and conducted under its rules, except as otherwise provided below. You and THE BRACKET CLUB 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 THE BRACKET CLUB. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in West Palm Beach, Florida. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. 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 Federal Arbitration Act, 9 U.S.C. Section 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 agreement, 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 THE BRACKET CLUB, or iii) any other dispute arising out of or relating to the relationship between you and THE BRACKET CLUB; the term "THE BRACKET CLUB" means THE BRACKET CLUB and its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by THE BRACKET CLUB. Information may be obtained from the NAF on line at www.arb-forum.COM, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.