Steve’s Frozen Chillers ("BracketClub" ; Bracket Club or "Www.StevesFrozenChillers.com") provides information, business opportunities and ordering opportunities on the following terms, which may be updated without notice to you.
This document was last updated on February 2, 2011.
BY USING ANY PART OF THE SERVICES PROVIDED BY STEVE’S FROZEN CHILLERS, THE USER EXPRESSLY AGREES AND CONSENTSTO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THE CUSTOMER MAY EXPRESSLY INDICATE, BY CHECKING THE "I DO NOT ACCEPT" BUTTON, AND THEREFORE DECLINE ACCESS, USE OR INSTALLATION OF ANY PART OF OUR SERVICE.
IT IS THE POSITION AND INTENT OF STEVE’S FROZEN CHILLERS THAT THIS CLUB DOES NOT ENCOURAGE OR PARTICIPATE IN ANY FORM OF GAMBLING, WAGERING OR CHANCE OUTCOME DETERMINED GAMING AS DEFINED AND PROHIBITED BY FEDERAL LAW. RATHER IT IS THE INTENT AND AIM OF STEVE’S FROZEN CHILLERS TO FULLY COMPLY WITH THE UNLAWFUL INTERNET GAMBLING ACT.
1. General Terms, Definitions and Interpretations.
a. Definitions. The following terms shall have the following meanings in this agreement:
ii. "Site" shall mean Steve’s Frozen Chillers website.
iii. "Sponsor" shall mean Steve’s Frozen Chillers.
iv. "Steve’s Frozen Chillers Game Client" shall mean the software used to participate in Steve’s Frozen Chillers Activities.
b. Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
c. Subsection References. References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
d. 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.
e. Behavior & Responsibility
- 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.
- 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 STEVE’S FROZEN CHILLERS web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any STEVE’S FROZEN CHILLERS Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any STEVE’S FROZEN CHILLERS 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.
- You shall accept and abide by any contest rules set forth on the contest rules web page, to be amended from time to time by STEVE’S FROZEN CHILLERS in the sole discretion of STEVE’S FROZEN CHILLERS.
- You agree that STEVE’S FROZEN CHILLERS is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any STEVE’S FROZEN CHILLERS Site or any third party site.
- Any attempt to defraud any STEVE’S FROZEN CHILLERS 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.
- You agree that STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS site or any account held by you which you may use to do business with Steve’s Frozen Chillers.
- By registering and/or participating in any services and/or products offered on the STEVE’S FROZEN CHILLERS site, you agree to indemnify, defend, and hold STEVE’S FROZEN CHILLERS harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
- 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 STEVE’S FROZEN CHILLERS.
f. 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 STEVE’S FROZEN CHILLERS by e-mail at support@Steve’s Frozen Chillers. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and STEVE’S FROZEN CHILLERS 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. STEVE’S FROZEN CHILLERS will not be liable for any results of a system error or malfunction.
g. Verification. Whenever STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS. Such materials will become the property of STEVE’S FROZEN CHILLERS and will not be returned to you.
2. Third Party Websites
a. 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 STEVE’S FROZEN CHILLERS and you acknowledge that STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS 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.
b. Future Marketing. You hereby acknowledge and agree that STEVE’S FROZEN CHILLERS and/or its affiliates may market products and services to you in the future.
3. Proprietary Rights
a. 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 STEVE’S FROZEN CHILLERS. Except as expressly authorized by STEVE’S FROZEN CHILLERS, 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.
b. License. STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS for use in accessing the Site.
c. 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 STEVE’S FROZEN CHILLERS 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:
0. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
1. A description of the copyrighted work that you claim has been infringed upon;
2. A description of where the material that you claim is infringing is located on STEVE’S FROZEN CHILLERS;
3. 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;
4. 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
5. 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:
Steve’s Frozen Chillers
Boynton Beach, Florida
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.
a. The STEVE’S FROZEN CHILLERS site is not open to anyone under the age of eighteen (18).
; you hereby agree to the terms of this policy and acknowledge that such terms and policies may be changed without specific notice to you.
5. No Warranty.
a. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
b. 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, STEVE’S FROZEN CHILLERS, 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.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEVE’S FROZEN CHILLERS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
d. STEVE’S FROZEN CHILLERS 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, STEVE’S FROZEN CHILLERS, 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.
6. Limitation of Liability. IN NO EVENT SHALL STEVE’S FROZEN CHILLERS, 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 STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. 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.
8. Indemnity.You agree to defend, indemnify and hold harmless STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS 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.
9. Right To Cancel Contest
a. If STEVE’S FROZEN CHILLERS, 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 STEVE’S FROZEN CHILLERS and STEVE’S FROZEN CHILLERS shall owe you nothing. STEVE’S FROZEN CHILLERS, 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.
a. Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by STEVE’S FROZEN CHILLERS, in its sole discretion, to a third party in the event of a merger or acquisition.
b. No Waiver. STEVE’S FROZEN CHILLERS'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. STEVE’S FROZEN CHILLERS'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.
c. Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and STEVE’S FROZEN CHILLERS with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and STEVE’S FROZEN CHILLERS 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.
d. Notices. Except as expressly stated otherwise, any notices to STEVE’S FROZEN CHILLERS shall be made by registered mail to STEVE’S FROZEN CHILLERS, Attention: Legal Department, West Palm Beach Florida. Notices to you may be made to the e-mail address you provide to STEVE’S FROZEN CHILLERS during any communication or information request process or by postal mail (including registered mail) to the address you provide to STEVE’S FROZEN CHILLERS 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.
e. 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.
f. 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, or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in these terms.
g. Dispute Resolution. You and STEVE’S FROZEN CHILLERS agree that any Dispute between you and STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS. 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 STEVE’S FROZEN CHILLERS, or iii) any other dispute arising out of or relating to the relationship between you and STEVE’S FROZEN CHILLERS; the term "STEVE’S FROZEN CHILLERS" means STEVE’S FROZEN CHILLERS 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 STEVE’S FROZEN CHILLERS. By accessing this website you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.