TERMS OF SERVICE
Last Updated: 12 February 2014
These Terms of Service set forth the terms and conditions that apply to your access of the Internet Website located at www.pickmonitor.com. This website is wholly owned and operated by Zero Launch LLC. These terms are a legally binding contract between pickmonitor.com (we,us) and you. If you do not agree to these terms in their entirety, you must leave immediately and never return.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence or otherwise be legally eligible to be bound by this Agreement (e.g., by being an emancipated minor), and you must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it. If you are not of the age of majority or otherwise legally eligible to be bound by this Agreement, you may not use the Site or the Services.
Forum Posting Privileges
Upon verifying your email address we may grant you the ability to post in our forums. This privilege may be revoked at any time by any of our moderators for any reason or for no reason at all. By posting in our forums you understand that the freedom of speech afforded to you by the Constitution of the United States of America does not apply in its full effect when restricted by private citizens or entities on private property. You understand that we may restrict any speech that we deem not to be in the best interest of our business or in the best interest of our users.
You understand that pickmonitor.com operates as a fantasy sportsbook and not a real sportsbook. You understand that all dollar figures, including bankroll, profit, etc are purely imaginary dollars that hold no real or implied value and cannot be redeemed for real money.
As a free member, you expressly grant permission to pickmonitor.com to redistribute your sports predictions as part of some or all of our paid membership options. Your sports predictions may or not result in a financial gain for pickmonitor.com. If your sports predictions do result in a financial gain for us, you recognize that quantifying that gain is impossible. Regardless of any financial gain, if any, you will not be compensated in any form for your sports predictions or for your contributions to the site in any other fashion.
In addition to granting the same permissions to pickmonitor.com as free members grant to us, you also agree to the following:
You recognize that your All Access membership gives you the ability to see the sports predictions made by any and all members of the site that are not Business members. You certify that you will use these sports predictions for entertainment and informational purposes only, and not for the purposes of wagering real money. You understand that these sports predictions are not meant to be financial advice.
You recognize that your All Access membership gives you a singular, non-transferable right to view the sports predictions of other members. You agree not to share your privileged information with any other parties, and you understand that your membership may be revoked without refund if you choose to do so.
You understand that your Business membership gives you the ability to list your business in our directory of members. You understand that your paid Business membership is nothing more than a business listing and that pickmonitor.com is not in business with you in any capacity.
You understand that pickmonitor.com plays no role whatsoever in any transaction between you and your clients and that pickmonitor.com has no vested interest in your success.
You understand that pickmonitor.com may revoke your Business membership at any time, with prorated refund, if it is not in the best interest of pickmonitor.com or our users to have you listed.
Your Profile Information and Account
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. That email address and password, together with any or other user information you provide, form your "Profile Information" and allow you to access your account ("Account"). You agree to provide true, accurate, current and complete information about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying pickmonitor.com immediately.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change your email address, as appropriate.
Submission of Content
The Site and the Services available thereon enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, "Content"), to pickmonitor.com for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and any consequences of submitting, providing or uploading it.
We will use Content you upload in connection with providing the Services to you, to maintain and operate the Site, to cooperate with any governmental investigation or as required by law or legal or administrative process, and to protect the rights and property of pickmonitor.com, its users and other third parties. We also may use your Content for purposes of advertising and promoting the Site or our Services. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Services, you grant to pickmonitor.com a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, edit, reformat, publish, publicly perform and display, and distribute all or any portion of such Content, solely in connection with the purposes referenced above. This license includes the right to host, index, cache or otherwise format your Content in order to accomplish these purposes.
You represent and warrant that you own your Content, or have all the necessary licenses, rights, consents and permissions to grant the license set forth herein, and that its provision to pickmonitor.com or pickmonitor.com's use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
pickmonitor.com HAS NO RESPONSIBILITY FOR AND NO OBLIGATION TO MONITOR FOR APPROPRIATENESS, AND DOES NOT RECOMMEND OR ENDORSE, ANY CONTENT POSTED OR UPLOADED BY USERS ON THE SITE.
We retain the right to use or distribute any Aggregated Data generated by our customers or users. "Aggregated Data" means records which have been stripped of information potentially identifying Site users, and which have been manipulated or combined to provide generalized, anonymous information. Aggregated Data will not disclose you as the source or subject of the information.
Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the pickmonitor.com trademarks and the Site, including but not limited to its "look and feel" (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than user Content, are and will remain the property of pickmonitor.com or its software or content suppliers. The Site is protected under United States, Canada and international copyright, trademark and other laws and treaties.
Subject to the terms and conditions of this Agreement, pickmonitor.com grants to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the Site and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to pickmonitor.com related to the Services, the Site or pickmonitor.com or its business shall become pickmonitor.com's property without any compensation or other consideration payable to you by pickmonitor.com, and you do so of your own free will and volition. pickmonitor.com may or may not, in its sole discretion, use or incorporate the Results and collective data on the Picks (in whatever form or derivative pickmonitor.com may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to pickmonitor.com in any Picks and, as applicable, waive any moral rights.
pickmonitor.com owns any test results, data information and other output (other than your Content) generated by your use of the Site and/or the Services during the term of this Agreement. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, pickmonitor.com or a third party, except where expressly permitted.
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from pickmonitor.com during the term of this Agreement or following the expiration or termination of this Agreement. "Confidential Information" means any non-public information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kinds.
Acceptable Use and Conduct:
You agree that that you will not publish or make available any Content that (or promote or link to content or materials that), use the Site in a manner that, or use information obtained from the Site (including email addresses) in a manner that:
- (a) infringes, violates or misappropriates any third party's intellectual property or proprietary rights;
- (b) contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that are designed to access, disclose, monitor or destroy data without authorization;
- (d) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- (e) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another's privacy;
- collects personally identifiable information from children under the age of thirteen (13);
- (f) is harmful to minors in any way;
- (g) is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by pickmonitor.com;
- (h) impersonates an pickmonitor.com employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, for any reason, including to obtain access to the Site or a portion thereof without proper authorization;
- (i) interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of the Site;
- (j) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the information or content contained therein (including any form of email address harvesting);
- (k) facilitates the unlawful distribution of copyrighted Content;
- (l) licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or commercially exploits the Services;
- (m) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers, in order to disguise the origin of Content transmitted through the Site to users;
- (n) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests (including, without limitation, any form of spamming);
- (o) stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
- (p) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- (q) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
- (r) attempts to gain unauthorized access to the computer systems of pickmonitor.com or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- (s) contains adult or pornographic Content;
- (t) decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other pickmonitor.com technology, or that merges or combines any such software or technology with any other data or materials to form a new product or service;
- (u) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
- (v) accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
- (w) accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- (x) accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site; or
- (y) promotes any business or business activity other than the launch of the business that is the stated purpose of your personalpage (including creating a launch page for a fictitious business in order to create a marketing list by collecting email addresses).
pickmonitor.com is not an e-mail platform. While we collect email addresses of persons who have indicated an interest in receiving information about our products and services, we do not transmit emails for or on behalf of such users. Accordingly, by using the Services (including by exporting e-mail addresses from the Site), you represent, warrant and covenant that all use and transfer of such email address will be in strict accordance with the CAN-SPAM Act of 2003 and its implementing regulations and interpretive guidelines (collectively, "CAN-SPAM") and with all other applicable laws and regulations relating to unsolicited messaging or spamming, unfair or deceptive advertising or trade practices, online promotions and consumer fraud. Without limiting the foregoing, you represent, warrant and covenant that (i) any commercial email sent to an email address you obtain from Site will include a valid physical postal address of the sender, a clear and conspicuous labeling that the email is an advertisement or solicitation, and an "unsubscribe" or opt-out link by which the recipient can immediately opt out of receiving further commercial emails without additional requirements or consideration; (ii) you will honor within ten (10) business days any opt-out or unsubscribe request, after which time you will not transmit, or cause to be transmitted, any further commercial emails to the applicable email address; (iii) you will not sell, license or transfer any email address of an individual who has opted out or unsubscribed, except as expressly permitted by CAN-SPAM; (iv) you will not use false, misleading or deceptive "Subject," "From" or other headers in emails; (v) any launch page created, promoted or published by you through the Site shall be for a bona fide business that you are launching, and shall not be for the purpose of collecting email addresses for the creation of a permanent marketing list or a list unrelated to the stated purpose of the user page; and (vi) you may not use email addresses collected through the Site for any purpose except to communicate with interested persons in relation to your handicapping business via the internal messaging system.
If at any time we believe that you have violated any of these requirements, we may suspend or terminate your Account access and/or your ability to obtain email addresses or send messages through the Site. We also may delete all email addresses collected on your behalf.
Disclaimer of Warranties
YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. pickmonitor.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
pickmonitor.com DISCLAIMS ANY WARRANTY
THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD
PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME pickmonitor.com
MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO
YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO
TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE
MALFUNCTION OF EQUIPMENT, THE FAILURE OF THIRD-PARTY SERVICE PROVIDERS,
PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS
THAT pickmonitor.com, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE, AS WELL AS
THE MALICIOUS ACTIONS OF HACKERS AND OTHER THIRD PARTIES. pickmonitor.com MAKES
NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS
OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT)
OR ADVERTISING ON THE SITE, (B) THE RESPONSE TO OR DEGREE OF INTEREST
IN YOUR LAUNCH PAGE; OR (C) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE
OR CONTENT WITH THE SITE.
pickmonitor.com IS NOT RESPONSIBLE
FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY
PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING
BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED
BY pickmonitor.com, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER
USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY pickmonitor.com.
YOU ARE SOLELY RESPONSIBLE
FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. pickmonitor.com
DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF
YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT
RESPONSIBLE FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM pickmonitor.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE IS OFFERED AND CONTROLLED BY pickmonitor.com FROM ITS FACILITIES IN THE UNITED STATES. pickmonitor.com MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Third Party Sites and Content
The Site may permit you to
link to other websites or resources on the Internet, and other websites
or resources may contain links to the Site. These other websites are
not under pickmonitor.com's control, and you acknowledge that pickmonitor.com is not
responsible or liable for any third party content, products or services,
including but not limited to the accuracy, integrity, quality, usefulness,
legality, appropriateness, safety or intellectual property rights of
or relating to such third party content, products or services or any
other aspect of such websites or resources. The inclusion of any such
link does not imply endorsement by pickmonitor.com or any association with
its operators. You further acknowledge and agree that pickmonitor.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 the
use of or reliance on any such third party content, goods or services
available on or through any such website or resource. Access and use
of third party sites, including the information, material, products
and services on third party sites or available through third party sites,
is solely at your own risk.
Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL
THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY
OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL pickmonitor.com, ITS AFFILIATES,
OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, INVESTORS, CONTRACTORS, OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, LICENSORS, SUPPLIERS,
CUSTOMERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY
ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN
IF pickmonitor.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY
TO USE THE SITE, OR FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO
THIS AGREEMENT OR ANY SUBSCRIPTION EXCEEDING THE LESSER OF: (A) $100;
AND (B) THE TOTAL AMOUNTS YOU PAID TO pickmonitor.com IN THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT
ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR
THE LIMITATION OF LIABILITY AS PROVIDED IN THIS PARAGRAPH, pickmonitor.com'S
LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
THE FOREGOING LIMITATIONS SHALL
ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT
OR SERVICES PROVIDED BY ANY THIRD PARTIES OTHER THAN pickmonitor.com AND RECEIVED
BY YOU THROUGH THE SITE. YOU ALSO AGREE THAT pickmonitor.com WILL NOT BE RESPONSIBLE
OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT
OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS, THE PRESENCE OF SUCH
ADVERTISERS ON THE SITE, OR ANY CONTENT OR SERVICES RECEIVED BY YOU
ON ANY THIRD PARTY SITES.
pickmonitor.com reserves the right
to modify, suspend or discontinue the Site and/or Services, or any portion
thereof, with or without notice at any time and for any reason, including,
but not limited to, a failure to comply with the terms of this Agreement.
In addition, pickmonitor.com may at any time, with or without notice, suspend
or terminate your Account and your ability to access the Services and
your Content and data, if pickmonitor.com, in its sole and absolute discretion,
believes that you have violated the terms of this Agreement or applicable
law or that you are engaging in activity that may harm the Site, pickmonitor.com,
pickmonitor.com's reputation, pickmonitor.com's customers or users, or other third
parties; in such event, pickmonitor.com may immediately delete your Content
and data. pickmonitor.com shall have no liability whatsoever for any
damages, liabilities, losses or any other consequences that you may
incur as a result of any such modification, suspension, termination,
discontinuance or deletion.
You agree to indemnify, defend,
and hold harmless pickmonitor.com, its affiliates and its and their respective
owners, investors, contractors, officers, directors, members, managers,
partners, shareholders, licensors, suppliers, customers, employees,
agents, third-party advertisers, technology providers and service providers
from and against any loss, damage, cost, or liability (including, reasonable
attorneys' fees) resulting from or relating in any way to a third-party
claim, demand, action or proceeding that arises out of this Agreement
or the Site, including but not limited to in relation to: (a) your use,
non-use or misuse of, or connection to the Site, the Services and any
Content (including without limitation your Content and any third party
Content) forming part of the Site; (b) your breach or alleged breach
of this Agreement; (c) your violation of any rights, including intellectual
property rights, of a third party; (c) your violation or alleged violation
of any laws; or (d) your use or exploitation of any information obtained
from the Site (including, without limitation, any use or transfer of
email addresses in violation of CAN-SPAM or other anti-spam laws and
regulations). pickmonitor.com reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required
to indemnify pickmonitor.com, and you agree to cooperate with pickmonitor.com's defense
of these claims. You agree not to settle any matter without the prior
written consent of pickmonitor.com. pickmonitor.com will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware
Cancellation and Termination
pickmonitor.com reserves the right
at any time, and without cost, charge or liability, to terminate this
Agreement at its sole discretion for any reason, including, but not
limited to, a failure to comply with the terms of this Agreement.
Notice of termination will be provided to the email address you currently
have on file with us. pickmonitor.com also reserves the right to deny
access to anyone, including, but not limited to those users who use
proxy servers and/or IP addresses residing in certain geographical areas
outside of Canada and the United States. pickmonitor.com reserves the right
to terminate any portion of the Site at any time, for any reason, with
or without notice.
If there is any dispute between
you and pickmonitor.com about or involving this Agreement, the Site or the
Services, you hereby agree that the dispute shall be governed by and
construed in accordance with the laws of the United States and of the
State of Delaware, without regard to its conflict of law provisions.
You hereby consent to the exclusive jurisdiction and venue of the state
and federal courts located in Newark, Delaware with respect to any
claim, proceeding or action relating to or otherwise arising out of
this Agreement, the Site or the Services, howsoever arising, provided,
however, that pickmonitor.com may seek and obtain injunctive relief in any
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement
is specifically enforceable by injunctive relief and other equitable
remedies without proof of monetary damages or the necessity of posting
You agree that if pickmonitor.com
does not exercise or enforce any legal right or remedy which is contained
in the Agreement (or which pickmonitor.com has the benefit of under any applicable
law), this will not be taken to be a formal waiver of pickmonitor.com's rights
and that those rights or remedies will still be available to pickmonitor.com.
Any waiver of pickmonitor.com's rights or remedies, or of any breach of this
Agreement, must be in writing and signed by pickmonitor.com.
You may contact pickmonitor.com by email at support at thisdomain dot com.