Acceptance of Terms
The web site, consisting of all webpages contained within the DFSHockeyPROjections.com domain name ("Site"), is owned by Ward Analytics LLC. By accessing the Site, or using any of its services, you agree to these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use any of its services.
Access to Services
In order to use the Site or any of its services you must obtain access to the World Wide Web, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Site and services are subject to transmission limitations of the Internet. DFSHockeyPROjections.com is not responsible for:
- Failures, including public utility or telephone outages
- Omissions, interruptions, latency, deletions or defects of any telephone system or network, computer or online systems, data, computer equipment, servers, providers or software
- Any incorrect, invalid or inaccurate information
- Human errors
- Technical malfunctions
- Any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from use of the DFSHockeyPROjections.com Site or any of its services
- Inability to access any part of the DFSHockeyPROjections.com Site or any of its services
- The failure of DFSHockeyPROjections.com to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of DFSHockeyPROjections.com (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
Bypassing or Disabling any Portion of the Site
If you bypass or disable any portion of the Site or associated software including, without limitation, or you attempt to circumvent or tamper with DFSHockeyPROjections.com's systems in any way, you are in violation of the Terms.
The Site contains links to other websites on the Internet that are owned and operated by third parties. DFSHockeyPROjections.com does not control these sites and services, and you acknowledge and agree that DFSHockeyPROjections.com is not responsible for the information, products or services available on these third party websites. As well, you agree that DFSHockeyPROjections.com is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party. You further acknowledge and agree that DFSHockeyPROjections.com 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 content, goods or services available on or through any such site or resource.
Registration / Account
You must register for an account in access services on the Site. By registering, you agree to provide accurate, current and complete information in all fields required on the registration form. The required registration information may include some or all of the following:
- Your full name
- Email address
- Any other information requested on the registration form
- Any other information you choose to provide to us
You agree to keep your registration information accurate, current and complete at all times. DFSHockeyPROjections.com reserves the right, in its sole discretion, to deny access to any of the Site's services to anyone at any time for any reason whatsoever.
During registration, you will be asked to provide a Password as your account identification. You may use only your own Password to access the Site. You are responsible for maintaining the confidentiality of your DFSHockeyPROjections.com Password and for restricting access to your computer. You accept responsibility for all activities that occur through use of your DFSHockeyPROjections.com Password. You agree that DFSHockeyPROjections.com is authorized to act on instructions received through your Password. DFSHockeyPROjections.com will not be liable for any loss or damage arising from your failure to comply with this Section. You must immediately notify DFSHockeyPROjections.com of any unauthorized use of your Password or any other breach of security. DFSHockeyPROjections.com may, but is not obligated to, deny access or block any action made through use of your Password without prior notice if we believe your Password are being used by someone other than you, or for any other reason.
Disclaimer of Warranties
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided to you on an "as is" and "as available" basis. The service, content, and Site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. In particular, but not as a limitation thereof, DFSHockeyPROjections.com makes no warranty that the Site and/or services will:
- meet your requirements
- be uninterrupted, timely, secure, error-free or that defects will be corrected
- be free of viruses or other harmful components
- have security methods employed that will be sufficient against interference with your enjoyment of the Site, or against infringement
- be accurate or reliable
The Site and Services may contain bugs, errors, problems or other limitations. DFSHockeyPROjections.com will not be liable for the availability of the underlying internet connection associated with the Site. No advice or information, whether oral or written, obtained by you from DFSHockeyPROjections.com, any members, third party providers, sources or otherwise shall create any warranty not expressly stated in these terms. You acknowledge that DFSHockeyPROjections.com has no control over, and no duty to take any action regarding:
- Which users gain access to the Site or use the Site
- What effects the content may have on you
- How you may interpret or use the content
- What actions you may take as a result of having been exposed to the content
You release DFSHockeyPROjections.com from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. DFSHockeyPROjections.com makes no representations concerning any content contained in or accessed through the Site, and DFSHockeyPROjections.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Limitation of Liability
You understand and agree that DFSHockeyPROjections.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
- The use or the inability to use the Site
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the service
- Any other matter relating to the Site. This limitation applies to all causes of action, in the aggregate including, but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
You hereby release DFSHockeyPROjections.com from any and all obligations, liabilities and claims in excess of the limitations stated herein. DFSHockeyPROjections.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to twenty ($20.00). You hereby release DFSHockeyPROjections.com from any and all obligations, liabilities and claims in excess of the limitations set forth in this section. No action, regardless of form, arising out of your use of the Site or services may be brought by you or DFSHockeyPROjections.com more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and DFSHockeyPROjections.com. Access to the Site and services would not be provided to you without such limitations. You understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. You agree to waive the benefit of any law that otherwise might limit your waiver of such claims.
Any and all disputes, claims or controversies arising out of or relating to this Agreement or any use of the Website claims, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules, procedures, and supplementary procedures for consumer related. The arbitration shall be held in Middlesex County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforcement or formation of these Terms. Subject to the limitation that the arbitrator will not have the authority to award punitive damages, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts. You waive any and all rights to trial by jury with respect to any claims.
Class Action Waiver
You agree that all claims will be arbitrated on an individual basis only and not as a class action or other representative action. You expressly waive the right to file a class action suit or seek relief on a class basis.
Waiver and Severability of Terms
The failure of DFSHockeyPROjections.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found to be invalid, you agree that an arbitrator should attempt to give effect to the intentions as reflected in the provision, and that the other provisions of the Terms remain in full effect.