Terms of Use

 

Acceptance of terms

By accessing this website (the “Site”) you agree to the following Terms of Use.  If you do not agree, you should exit this Site and not use it further.  The Odds Are In, LLC (the “Company,” “we,” or “us”) reserves the right to revise these Terms of Use at any time by updating this posting.  You are responsible for reviewing these Terms of Use regularly in order to become aware of any changes.

 Copyright and Trademark

All content on this Site, unless specifically noted, is copyright of the Company. Copyright violation is a serious offense, punishable by civil and criminal penalties.

All names, logos, designs and slogans of the Company are trademarks of the Company.  Any other trademarks on this Site are the property of their respective owners.  Use of any third party trademarks does not imply sponsorship or endorsement by such third party of the Company or this Site or by the Company of such third party.  You are not permitted to use any trademarks, service marks or logos without the prior written consent of the owner.

You may browse the Site and use its functions and features, and you may download material displayed on the Site, for your own personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download, nor may you distribute, modify, transmit, reuse, repost, or use any material from the Site for public or commercial purposes. Any use contrary to these Terms of Use is a violation of the intellectual property rights of the Company, its vendors and/or contributors.

 

Your User ID and Password

Your user ID and password control your access to parts of this Site.  You are responsible for protecting and keeping confidential your User ID and password, for any unauthorized use of the Site conducted via your User ID and password, and for notifying us immediately at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you know or suspect that your User ID or password has been compromised.  

 

Our Right to Use Your Content/Information – Privacy.

The provision and collection of data are subject to the terms of this Agreement and our Privacy Policy.  Except as otherwise provided by the Privacy Policy, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid transferable right and license to use any material – including third party content – that you post or otherwise transmit to this Site, or that is posted or otherwise transmitted via your User ID and password, including a registration,  profile or any other content such as forum or discussion postings (“User Content”) and to exercise all rights, including but not limited to copyright rights, in such information in any media now known or that may be later developed.

We do not assume any responsibility for any User Content or for any content furnished by anyone other than us. We may, at any time and in our sole discretion, screen, monitor, investigate, intercept, block, exclude, remove, request the removal of, or otherwise exercise control over User Content or anyone else’s content that we determine violates these Terms of Use or our Code of Conduct (see below), any applicable law, or any right of the Company’s or any third party, or otherwise may expose us to civil or criminal liability or public ridicule, provided however, that such right shall not obligate us to so exercise control over User Content or any third party’s content. Without limiting the foregoing, we reserve the right to monitor, block, exclude, remove or otherwise limit any content, at any time, at our discretion.

Any information, feedback, data, questions, comments, suggestions or other items you submit regarding us or this Site shall be deemed not to be confidential and shall become our property, and we shall be free to reproduce, use, disclose and distribute such communication to others, without limitation (except for any personally identifiable information covered by our Privacy Policy).  We shall also have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication in any manner and for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products or providing services.   

Code of Conduct

While using the Site or any Site-related services, you agree not to do any of the following:

  • Use this Site or make any purchases on this Site if you are not of legal age or competency to form a binding contract or are barred from viewing this Site under the laws of the United States or other applicable jurisdiction.
  • Post User Content that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness to you or to any other person.
  • Post User Content that may create a risk of any other loss or damage to any person or property.
  • Post User Content that may constitute or contribute to a crime or tort.
  • Post User Content that contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable.
  • Post User Content that contains any information or content that is illegal.
  • Post User Content that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • Post any false, inaccurate, untimely or misleading information.
  • Share passwords or login information to allow any individual or entity to use or access your account. 
  • Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots or other program (other than those made available by us on the site or other generally available third party web browsers, e.g., Microsoft’s Internet Explorer, Mozilla’s FireFox or Google’s Chrome), to navigate or search the Site.
  • Engage in spamming or other mass marketing via e-mail, direct mail, telephone, or otherwise to the Company’s employees, advertisers or registered users. 
  • Express or imply that any statements you make or actions you take are endorsed by us. 
  • Impersonate any individual or entity, including, without limitation, a Company employee or agent, a user of the Site, or otherwise misrepresent your affiliation with any person or entity.
  • Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of “hacking” or defacing any portion of the Site.
  • Upload invalid data, viruses, worms, or other software agents through the Site.
  • Use the Site for any unlawful commercial, research or information gathering purpose.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
  • Bypass the measures we may use to prevent or restrict access to the Site or any portion of the Site.
  • Remove any copyright, trademark, or other proprietary rights notices contained in this Site.
  • “Frame” or “mirror” any part of the Site or link to any page or material on the Site other than through the homepage URL, located at http://www.theoddsarein.com.
  • Engage in any other activity that the Company reasonably deems improper or abusive.

 

References to “persons” include legal entities, such as corporations, limited liability companies, partnerships and trusts.  

 Exclusion of Warranties – Limits on Liability

THIS SITE IS PROVIDED SOLELY FOR NEWS, RECREATION AND ENTERTAINMENT PURPOSES.   ANY USE OF THE INFORMATION ON THIS SITE IN VIOLATION OF FEDERAL, STATE OR LOCAL LAWS IS STRICTLY PROHIBITED.   IF YOU HAVE ANY INTENTION OF USING ANY INFORMATION FOUND ON THIS SITE FOR WAGERING PURPOSES, PLEASE MAKE SURE YOU UNDERSTAND AND COMPLY WITH ALL THE LAWS GOVERNING GAMBLING WHERE YOU ARE LOCATED. 

ALL MATERIALS ON THIS SITE AND ANY LINKED SITES, INCLUDING ANY “PICKS,” ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND MAY INCLUDE INACCURACIES OR ERRORS.   THE COMPANY MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR CONTRACTUAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, REGARDING ALL MATERIALS ON THIS SITE.

THE COMPANY AND ANY OF ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) RELATING TO THE USE, PERFORMANCE, DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  

The Company’s maximum liability to you for claims, including but not limited to negligence, shall in no event exceed the amount you paid the Company to use this Site. 

 

You acknowledge you are fully aware of security and privacy risks, including but not limited to (i) the limitations of security, privacy and authentication measures, and (ii) the fact that data and information transferred via this Site may be subject to eavesdropping, breaking passwords, spoofing, harassment and other security or privacy hazards.  We shall not be liable for any damages of any kind associated with these risks.

Use of this Site and any content on this Site, including any authorized downloading of content from this Site, is at your own risk.  We do not warrant that access to this Site or any of its content will be uninterrupted or error free, that defects will be corrected, or that this Site will be free of viruses or other harmful components.  You are solely responsible for any damage to computer systems or loss of data you may suffer. 

It is our goal to provide helpful data and information, but we do not guarantee the accuracy or completeness of any such data or information. We and our data providers shall not be liable for any errors or inaccuracies, or for any actions taken in reliance thereon.  It is your responsibility to confirm all data and information, and for evaluating the accuracy and usefulness of any other content on the Site. 

We have not reviewed any sites linked to this Site (“Linked Sites”) and we are not responsible for the content of any Linked Sites.  Your access to, and use of any Linked Site(s) is entirely at your own risk.

 Indemnification.

You agree to indemnify and hold our members, managers, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to:  (a) your User Content, (b) your inappropriate or unlawful use of the Site; and (c) any alleged breach of these Terms of Use or the Code of Conduct. 

 Law and Jurisdiction

This site is operated by the Company from the State of Connecticut, United States of America.  The Company makes no representation that materials in this site are appropriate or available for use in other locations.  Any ability to access this Site in any jurisdiction other than Connecticut does not constitute the Company purposefully availing itself of the privilege of conducting business in that jurisdiction.  If you access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  These Terms of Use shall be governed by internal Connecticut and relevant federal laws without regard to principles of conflicts of laws.  Exclusive jurisdiction for any action or dispute relating to this Site is in the state and federal courts located in Connecticut.  By accessing this Site you consent to the jurisdiction of such courts.

 Violations

The Company reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms of Use or our Code of Conduct, including but not limited to terminating membership or access to the Site. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 Contact Information

This site is owned and operated by The Odds Are In, LLC with an address at:  P.O. Box 2652, Saugatuck Station, Westport, Connecticut 06880.  If you have any questions concerning this Site or its policies, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 Intellectual Property Infringement Claims

The Company will respond as quickly as practicable to any claims that infringing material appears on the Site, including investigating any such claims and taking appropriate action under applicable laws.  If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto.  We will terminate access for any user who is a repeat infringer.  Notices of alleged infringement should be sent to:

 

 

          The Odds Are In, LLC

P.O. Box 2652

Saugatuck Station

Westport, Connecticut 06880

Attn: Copyright Agent

e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

 

 

If we remove or disable access to any allegedly infringing material, we may attempt to contact the member or other person who has posted that material to give that person a chance to respond.  If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.