This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://www.poolfrenzy.com/, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by PoolFrenzy.com.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and PoolFrenzy.com.
We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website.
By using our Website, you agree to fully comply with and be bound by our Legal Terms, including our Privacy Policy. If you do not accept our Legal Terms, do not access and use our Website.
The terms "us" or "we" or "our" refers to PoolFrenzy.com, the owner of the Website.
Visitor
Someone who merely browses our Website but has not registered as a Member.
Member
An individual that has registered with us to use our Service.
Service
The collective functionality and features as offered through our Website to our Members, including the creation, management, and participation in sports pools.
User
A collective identifier that refers to either a Visitor or a Member.
Pool
Any sports pool created on our platform, including but not limited to survivor pools, pick'em pools, squares pools, confidence pools, bracket pools, and tournament pools.
Content
All text, information, graphics, audio, video, and data offered through our Website.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website.
PoolFrenzy.com reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks without the prior written permission of the corresponding service mark/trademark owner.
Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Our Website may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. PoolFrenzy.com has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.
Pricing
Pools with 4 or fewer participants are free. For pools with 5 or more participants, a flat fee of $20 per pool applies, which includes unlimited participants. Some pool types may have different pricing structures as displayed during pool creation.
Not Gambling
PoolFrenzy.com does not manage any gambling-related activity. We provide tools to set up, track, and score sports pools for entertainment purposes only. Any prizes or payouts between pool participants are arranged independently by the pool creator and participants.
Each pool type has specific deadlines for making or updating picks. In general, picks lock at the start of each game or event.
Bracket Pools
All picks lock when the tournament begins.
Survivor and Pick'em Pools
Individual game picks lock at each game's scheduled start time.
Once a pick is locked, it cannot be changed by the participant. Pool administrators may have the ability to modify entries after lock times in certain circumstances.
PoolFrenzy.com uses third-party sports data providers to automatically score pools. While we strive for accuracy, we do not guarantee the timeliness or accuracy of game data, scores, or standings. It is the responsibility of pool administrators and participants to verify results.
In the event of game postponements, cancellations, or schedule changes, PoolFrenzy.com will make reasonable efforts to update pool data accordingly. However, we are not responsible for any discrepancies arising from schedule changes or data provider delays.
It is the responsibility of Users to maintain their pool settings and selections. If athletes are injured, withdraw from events, or teams change status, it is the responsibility of Users to make any necessary changes to their picks before the applicable lock time.
PoolFrenzy.com is not responsible for losses resulting from athlete injuries, withdrawals, or roster changes.
Our Legal Terms shall be treated as though they were executed and performed in Minnesota, United States, and shall be governed by and construed in accordance with the laws of Minnesota, United States, without regard to conflict of law principles.
Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of PoolFrenzy.com under our Legal Terms shall survive the termination of our Legal Terms.
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against PoolFrenzy.com related to the Site, this Terms of Service, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services in the previous year or $500, whichever is less.
In no event shall PoolFrenzy.com be liable for any consequential, incidental, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, any pecuniary loss related to the cost of procurement of substitute services, lost earnings, wages, back wages, future wages, or statutory penalties) arising out of or relating to the use of this site, inability to use the site, or any other harm you claim in which PoolFrenzy.com may be responsible.
Each of the parties hereto hereby waives any right to a trial by jury in any action or proceeding to enforce or defend any rights under this Terms of Service, the Privacy Policy, or related to site services.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against PoolFrenzy.com on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against PoolFrenzy.com.
The arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules then in effect. The AAA Rules are available at www.adr.org.
You acknowledge and agree that you and PoolFrenzy.com are each waiving the right to a trial by jury and agree to binding arbitration solely between you and PoolFrenzy.com. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. You further agree that your violation of any of these provisions constitutes a breach of these Terms, which will entitle us to seek damages against you, including our attorney's fees.
If you have questions about these Terms of Service, please contact us at [email protected]