Terms of Service

1. ACCEPTANCE OF TERMS
journeytothetourney.com provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.journeytothetourney.com/terms_of_service.php. In addition, when using specific journeytothetourney.com services, both you and journeytothetourney.com shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE
journeytothetourney.com provides users with a web-based platform for creating, hosting, and managing a March Madness NCAA Basketball Pool. journeytothetourney.com reserves the right to alter its supported sports, as well as the reporting mechanisms at any time. THE USE OF JOURNEYTOTHETOURNEY.COM'S SERVICES IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. Fees collected by journeytothetourney.com are for hosting and management services ONLY and will NOT be distributed or redistributed as winnings to the pool administrator, any pool member, or third party. journeytothetourney.com does not endorse illegal gambling and the services offered by journeytothetourney.com should not be construed as supporting illegal gambling. journeytothetourney.com is neither affiliated with nor endorsed by any professional sports organization. In addition, journeytothetourney.com is neither responsible nor liable for any telecommunication or Internet service costs you incur while using our service.

journeytothetourney.com provides its service for a small fee. OUR SERVICES ARE NOT FREE. By agreeing to these terms of service, you agree to pay the listed price on our website.

3. PRIVATE POOLS
All pools managed by journeytothetourney.com are considered private. It is the responsibility of the private pool administrator and private pool members to ensure that the pool meets all local, state and federal legal requirements. If the private pool has a prize, it is the sole responsibility of the individual pool administrator to award that prize. journeytothetourney.com is neither responsible nor liable, in any way, shape or form, for awarding private pool prizes. journeytothetourney.com is neither responsible nor liable for ensuring the legality of a private pool. journeytothetourney.com will not accept any responsibility for errors, omission, negligence or wrongful acts by any private pool administrator in the administration of pools, awarding of prizes, or for any other damages, direct or consequential, arising from participation in a Private Pool. BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEGE THAT YOUR POOL IS LEGAL FOR EVERY PARTICIPANT IN EVERY JURISDICTION THEY PARTICIPATE FROM.

4. YOUR REGISTRATION OBLIGATIONS
To register on journeytothetourney.com, pool administrators need to enter a pool name and password, their name, e-mail address. Any credit card information submitted to PayPal for subscription payment is never made available to journeytothetourney.com. Administrators must also accept the terms of service outlined in this document. Since vital pool information is sent via e-mail, please provide a valid e-mail address. Pool members will be required to enter similar information upon joining a private pool. Should a user forget his/her password, they may use our "password reminder" service and have their password sent to them via the e-mail address on record. If a user has changed e-mail addresses, he/she should notify the pool administrator immediately and the pool administrator will make the necessary changes to the user's account record in an acceptable timeframe.

5. PRIVACY POLICY
journeytothetourney.com will only keep a users name and e-mail address on record. Personal information collected during registration will never be shared with any other website, company, or third-party without your expressed consent. You may always view a current version of our privacy policy at http://www.journeytothetourney.com/privacy.php.

6. USERNAME, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify journeytothetourney.com of any unauthorized use of your username or any other breach of security, and (b) ensure that cookies on your machine are managed in a secure manner. journeytothetourney.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. LOCATION OF LAWSUIT
You and journeytothetourney.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Osseo, WI, USA.

8. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

9. LIABILITY LIMIT & DISCLAIMERS
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NEITHER JOURNEYTOTHETOURNEY.COM, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO JOURNEYTOTHETOURNEY.COM OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.