Terms of Use

User shall be more than eighteen (18) years of age. A person shall only register for one User account. PlayerProfiler grants User a personal, non-exclusive, non-transferable, limited privilege to enter and use Edge.PlayerProfiler.

Content

All lines, odds, pick percentages, pick strategies, picks, data sheets, information, articles, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, computer code and similar materials (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Edge.PlayerProfiler is owned, controlled or licensed by or to PlayerProfiler, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. User may download certain Content available on Edge.PlayerProfiler to a single personal computing device for User’s personal, non-commercial informational purpose. User shall not distribute, modify, republish or display any of the Content unless User has the prior written consent of PlayerProfiler, which consent may be withheld at PlayerProfiler’s sole discretion. User represents and warrants that User exclusively owns any content User posts to Edge.PlayerProfiler (“User Content”). To the extent any User Content is covered by intellectual property rights, like photos, User specifically grants PlayerProfiler a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Content on or in connection with Edge.PlayerProfiler.

Prohibited Uses of PlayerProfiler.com and PlayerProfiler EDGE

User shall not use any “deep-link,” “page-scrape,” “robot,” “web crawler,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Edge.PlayerProfiler or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Edge.PlayerProfiler or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Edge.PlayerProfiler. User shall not attempt to gain unauthorized access to any portion or feature of Edge.PlayerProfiler, or any other systems or networks connected to Edge.PlayerProfiler or to any PlayerProfiler server, or to any of the services offered on or through Edge.PlayerProfiler, by hacking, password “mining” or any other illegitimate means. User shall not probe, scan or test the vulnerability of Edge.PlayerProfiler or any network connected to Edge.PlayerProfiler, nor breach the security or authentication measures on Edge.PlayerProfiler or any network connected to Edge.PlayerProfiler. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to Edge.PlayerProfiler, or any other customer of PlayerProfiler, including any PlayerProfiler account not owned by User, to its source, or exploit Edge.PlayerProfiler or any service or information made available or offered by or through Edge.PlayerProfiler, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than User’s own information, as provided for by Edge.PlayerProfiler. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Edge.PlayerProfiler or PlayerProfiler systems or networks, or any systems or networks connected to Edge.PlayerProfiler or to PlayerProfiler. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of Edge.PlayerProfiler or any transaction being conducted on Edge.PlayerProfiler, or with any other user’s use of Edge.PlayerProfiler. User shall not make repeated unsolicited comments, as determined in PlayerProfiler’s sole discretion, by means of “Private Messaging,” “Wall Posts,” “Forum Posts” and any other form of messaging (collectively, “Messaging”). Such repeated unsolicited comments by any means of Messaging and the posting of private information, including, but not limited to, picks, will not be tolerated and may result in termination of User’s account. User shall not post any third party’s information without such third party’s consent. User shall not post any defamatory statement nor profanity. User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to PlayerProfiler on or through Edge.PlayerProfiler or any service offered on or through Edge.PlayerProfiler. User shall not pretend that User is, or that User represents, someone else, or impersonate any other individual or entity. User shall not use Edge.PlayerProfiler or any Content for any purpose that is unlawful, including, but not limited to, gambling or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of PlayerProfiler or any other person. PlayerProfiler reserves the right to bar any of the aforementioned prohibited activity and may terminate any User engaged in such activity.

Termination

PlayerProfiler may terminate a User’s right to use Edge.PlayerProfiler immediately, without notice to the User, if, in PlayerProfiler’s sole discretion, the User fails to comply with any of these Terms of Use or engages in any fraudulent, criminal or other unauthorized activity. PlayerProfiler may also close and terminate a User’s account due to inactivity. A User may deactivate such User’s account.

Terms and Conditions of Specific Portions or Features

Additional terms and conditions may apply to purchases of goods or services and to pecific portions or features of Edge.PlayerProfiler, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. User shall abide by such other terms and conditions, including, where applicable, representing that User is of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of Edge.PlayerProfiler or for any service offered on or through Edge.PlayerProfiler, the latter terms shall control with respect to User’s use of that portion of Edge.PlayerProfiler or the specific service. PlayerProfiler may make changes to any products or services offered on Edge.PlayerProfiler, or to the applicable prices for any such products or services, at any time, without notice.

Links to Other Sites and to the PlayerProfiler Site

Edge.PlayerProfiler may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Users. Such Linked Sites are not under PlayerProfiler’s control and PlayerProfiler is not responsible for and does not endorse the content of such Linked Sites, including, but not limited to, any information or materials contained on such Linked Sites. Upon clicking on such Linked Site, User leaves Edge.PlayerProfiler. These Terms of Use do not apply to any Linked Sites.

Advertisements

Any dealings with advertisers found on Edge.PlayerProfiler are solely between User and that advertiser. PlayerProfiler shall not be responsible for, or liable for, any losses or damages that occur in any dealing User may have with any advertisers on Edge.PlayerProfiler. User assumes the sole risk in dealing with any of said advertisers. Any advertisement found on Edge.PlayerProfiler does not imply endorsement of PlayerProfiler of such advertiser.

Disclaimers

PLAYERPROFILER DOES NOT PROMISE THAT EDGE.PLAYERPROFILER OR ANY CONTENT, SERVICE OR DEFECTS WILL BE CORRECTED, OR THAT USER’S USE OF EDGE.PLAYERPROFILER WILL PROVIDE SPECIFIC RESULTS. EDGE.PLAYERPROFILER AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON EDGE.PLAYERPROFILER IS SUBJECT TO CHANGE WITHOUT NOTICE. PLAYERPROFILER CANNOT ENSURE THAT ANY FILES OR OTHER DATA USER DOWNLOADS FROM EDGE.PLAYERPROFILER WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PLAYERPROFILER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLAYERPROFILER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USER’S USE OF EDGE.PLAYERPROFILER OR ANY OF PLAYERPROFILER’S SERVICES. USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF EDGE.PLAYERPROFILER AND ANY LINKED SITES. The information found on Edge.PlayerProfiler is for entertainment purposes only. Use of this information in violation of any federal, state or local laws is prohibited. PlayerProfiler does not guarantee that the trends and biases referenced on Edge.PlayerProfiler will continue to exist or predict the future.

Limitation of Liability

EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, IN NO EVENT SHALL PLAYERPROFILER BE LIABLE TO USER FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THESE TERMS OF USE OR THE USE OF EDGE.PLAYERPROFILER HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER BASED IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, EVEN IF PLAYERPROFILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL PLAYERPROFILER’S LIABILITY TO USER FOR ACTUAL DIRECT DAMAGES ARISING OUT OF THESE TERMS OF USE OR USE OF EDGE.PLAYERPROFILER EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY USER TO PLAYERPROFILER UNDER THESE TERMS OF USE IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICH SHALL BE USER’S SOLE REMEDY UNDER THESE TERMS OF USE.

Indemnity

User agrees to indemnify and hold PlayerProfiler, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demand or any claim, loss, liability or expenses (including, but not limited to, attorneys’ fees) incurred by or suffered by or made against PlayerProfiler as a result of a breach of these Terms of Use by any third party due to or arising out of or in connection with User’s use of Edge.PlayerProfiler.

Remedies for User’s Violation

Any violation by User of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PlayerProfiler, for which monetary damages would be inadequate, and User consents to PlayerProfiler obtaining any injunctive or equitable relief that PlayerProfiler deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PlayerProfiler may have at law or in equity. In addition to, and without limiting, any other remedy or right PlayerProfiler may have, PlayerProfiler will have the right to an immediate injunction enjoining any breach of these Terms of Use without the necessity of posting security or a bond

Force Majeure

PlayerProfiler shall have no liability for delays or failure in performance caused by an act of God, war, strike, labor dispute, work stoppage, fire, act of government or any other cause, whether similar or dissimilar, beyond the control of PlayerProfiler.

Applicable Law

The rights and obligations of the parties under these Terms of Use shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law and without regard to any rule of construction or interpretation relating to which party drafted these Terms of Use.

Consent to Forum

The Bucks County Court of Common Pleas located in Doylestown, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania located in Philadelphia shall have exclusive jurisdiction over any dispute or controversy arising under or related to these Terms of Use. User consents to the personal and exclusive jurisdiction of such courts and waives any objection that it may have to the venue of any such proceeding and any claim or defense of inconvenient forum.

Legal Fees

In the event of a dispute between the parties, the prevailing party shall have its attorneys’, accountants’ and other professionals’ fees, court costs and costs of appeals paid by the losing party.

Waiver

No claim or right arising out of a breach of these Terms of Use may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing signed by the waiving party. The waiver or acceptance of any breach by either party of any provision of these Terms of Use shall not constitute a waiver of or an excuse for non-performance as to any other provision of these Terms of Use, nor as to any prior or subsequent breach of the same provision.

Severability

In the event that one or more of the provisions of these Terms of Use shall, for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such provision shall be modified or amended to the extent necessary to remove the invalidity, illegality or unenforceability. Should the amendment or modification of such provision be impossible, these Terms of Use shall be construed as if it never contained the invalid, illegal or unenforceable provision and such provision shall not affect any other provision of these Terms of Use.