TERMS AND CONDITIONS OF USE

Thank you for reviewing these Terms and Conditions of Use. The Sports Asylum Consultants, LLC hopes that you enjoy the offerings of thesportsasylum.com.

YOUR RIGHTS AND RESPONSIBILITES ARE OUTLINED AND DETERMINED BY THE FOLLOWING. AS A USER OF THESPORTSASLYUM.COM (“WEBSITE”), IT IS VERY IMPORTANT THAT YOU READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE.

BY USING THE WEBSITE, THE SECURED MEMBERS SECTION, AND/OR MERELY BROWSING THE CONTENT, YOU ARE CONSENTING TO AND ARE BOUND BY THESE TERMS AND CONDITIONS OF USE.

If you do not agree to any of the following Terms and Conditions of Use, you should immediately cease your use of the Website AND should not use it going forward under ANY circumstance.

The Sports Asylum Consultants, LLC (“Owner”) reserves the right to change the Terms and Conditions of Use at any time, without prior notice to any Website user. Therefore, we encourage you to review the Terms and Conditions of Use whenever you visit this Website. If you breach any of the Terms and Conditions of Use, your ability and authorization to use this Website automatically terminates.

1. General Disclaimers and Limitations of Liabilities

(a) The Owner attempts to ensure that all information provided, whether on the Website or otherwise, is accurate, complete and timely. All information provided by the Website, including the service, information and resources, is provided on an “AS IS” and “AS AVAILABLE” basis with no guarantee of completeness, accuracy, timeliness and without warranty or representation of any kind, either express or implied, including, but not limited to, a warranty that the information provided is fit for any particular purpose. All data and information displayed on the Website is for news, informational and/or entertainment purposes only. References made on the Website to past performance(s) cannot predict nor guarantee future results or outcomes. Any reliance upon the information or recommendations contained within or provided by the Website is solely at the user’s own discretion and risk. The Owner is not liable for any losses or damages incurred either directly or indirectly by the use of the aforementioned resources and data located on the Website. Additionally, the Website and the information contained within is not intended to be used in direct violation of any federal, state, local or international law. The Owner does not guarantee its recommendations and subsequently abides by a 'no refund' policy. Furthermore, users of the Website must be 21 years of age or the legal age of majority in their jurisdiction. The data and information displayed on the Website cannot be reproduced, re-broadcasted or retransmitted for any reason, partially or in whole - either in print form, e-mail, facsimile or electronically via the Internet, including but not limited to, other Internet sites, message boards, on-line forums, etc. - without the prior, written consent of the Owner.

(b) The Owner makes no representations or warranties of any kind, express or implied, as to the continuous operation of the Website, security of the Website, the availability of any goods or services offered on or through the Website or the information content, materials or products, included on the Website. The Owner does not guarantee the continuous or uninterrupted access to the Website’s secured areas. The operation of the Website can be affected by a number of circumstances outside of the control of the Owner. Any access obtained through the use of the Website is completely done at the user’s own discretion and the user will be solely responsible for any damage that may occur to their computer as a result of accessing any area of the Website, secured or otherwise.

(c) The Owner shall not be liable for any inaccuracies, omissions, typographical errors or for the outcomes resulting from the information obtained from the Website. In no event shall the Owner, third party administrators, contractors or employees of the Website be liable for any decision(s) made or action(s) taken in reliance upon the information contained on the Website or conveyed to you by the Owner, including but not limited to any direct, indirect, special, incidental, consequential or punitive damages whatsoever and however caused, arising out of or in connection with the use of the information provided or as a result of reliance upon the information provided, including any lost funds, or any other financial loss, whether such action is in contract, tort, statutorily or otherwise, even if advised of the possibility of such damages.

2. Eligibility

To be eligible to access the secured Members Section, you must register and create an authorized account. In order to do so, you must be 21 years of age or the legal age of majority of your jurisdiction of residence and you may not be a firm, business entity or institution. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the Terms and Conditions of Use. The Owner reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.

3. Registration and Passwords

(a) All persons accessing the secured Members Section on the Website must be registered with accurate, valid and complete registration information and immediately inform the Owner of any changes thereto. You acknowledge that your password and username belong to you and will be used by one individual only and that you will not share such information with any other person or organization or make such information otherwise available to anyone other than you. You are responsible for ensuring that the information contained on the Website or otherwise conveyed to you remains confidential and that the use of and access to the Website and its information is made in accordance with these Terms and Conditions of Use.
(b) You agree to immediately notify the Owner if you become aware of any loss, theft, unauthorized use of or disclosure of any username, password or of any Proprietary Information or other intellectual property belonging to the Website.

(c) You acknowledge that the Owner may monitor and track the use of the Website, including your personal usage and habits.

4. Background Information

In order to use the secured Members Section of the Website, you are required to register with the Website by providing certain information about yourself, including but not limited to, your name and e-mail address. In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for the secured Members Section.

5. Security

By using the Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via the Website, including your e-mail address, credit card number, and other payment related information. In addition, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account. You agree to (a) immediately notify the Owner of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you log out of your account at the end of each session. The Owner cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

The Owner reserves the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.

6. Price, Payment and Licensing of Information

(a) Separate and apart from the free content sections of the Website, the secured Members Section offers premium content and subscription-based services. You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the secured Members Section under your account, including fees or charges incurred for the premium features. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by you via a credit card are specifically authorized to be charged to the credit card given by you at the time of purchase.

(b) The information (“Proprietary Information”) made available for purchase by the Website is subject to a licensing fee. All payments for the Proprietary Information must be made by you in advance. The Proprietary Information is not sold to you, but is merely licensed to you. Other than the limited rights granted to you in the Terms and Conditions of Use, the Owner retains all right, title and interest in and to the contents of the Website and Proprietary Information and all right to control and limit its use.

7. Intellectual Property Rights Protection

(a) All Proprietary Information and the compilation of all content included on the Website are owned or licensed by the Owner and protected by United States and international copyright laws. The Owner does not claim ownership of the content or copyrights owned by third parties and their content displayed on the free sections of the Website. © 2009 The Sports Asylum Consultants, LLC. All rights reserved.

(b) All of the trademarks and trade names reproduced on the Website are the property of the Owner or are used under license. You may not use or reproduce or allow anyone to use, publicize or reproduce any trademark(s), logo(s) or trade name(s) appearing on the Website for any reason whatsoever without the prior, written consent of The Sports Asylum Consultants, LLC. The Website is for your personal entertainment and non-commercial use.

(c) You agree not to infringe, or attempt to, aid or facilitate the infringement of the copyright, trademark or any other intellectual property right of the Website.

8. Proprietary Information Use

(a) You may view, retrieve and display the Proprietary Information content of the Website on your personal computer screen or make a single print-out of the content on paper, but not make copies thereof, exclusively for your personal, non-commercial use. Any other use is expressly prohibited and shall expose you to liability. You are not allowed to view, retrieve, or display the Website on any commercial network accessible to persons other than you.

(b) You may not reproduce, disseminate, publicize, modify or in any way commercially or non-commercially exploit any of the content, within the secured Members Section or otherwise, provided by the Website or allow such content to be available to others. It is prohibited for you, without the prior, written consent of the Owner, to cause the Proprietary Information provided by the Website to be reproduced or publicized, in any form whatsoever, or to be transmitted to any other website, newsgroup, mailing list, electronic bulletin board, on-line forum, etc. or to make the Proprietary Information provided by the Website available to any other person or organization, whether in a commercial or non-commercial capacity, or whether publicly or privately. You also may not modify or create derivative works of the information provided by the Website. To do so shall expose you to liability and terminate your current and future membership to the Website.

(c) All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to the Owner in connection with your use of the Website shall be the exclusive property of the Owner. You agree that unless otherwise prohibited by law the Owner may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you as a user.

9. Injunctive Relief

You agree that the Website has a material interest in preserving the Proprietary Information and intellectual property rights and in controlling the use of the information upon the Website and that the restrictions contained in sections 6, 7 and 8 above, among others, are reasonably required for the protection of the rights and property of the Website. You agree that the violation or attempted violation of such terms will lead to an irreparable loss to the Website and that in such an event an injunction or other like remedy shall be the only effective method to protect the rights and property of the Website and that an interim injunction may be granted prior to or upon the commencement of any suit.

10. Termination

You agree that the Owner, in its sole discretion, may terminate your password or your use of the Website, for any reason, including, without limitation, for lack of use or if the Owner believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions of Use. The Owner may also in its sole discretion and at any time discontinue providing the Website or services contained within, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of the Terms and Conditions of Use may be effected without prior notice, and acknowledge and agree that the Owner may immediately deactivate or delete your username and/or password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Website, in general.

11. Site Alteration

The Owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the services (or any part thereof) with or without notice. The site is provided on an “AS IS” and “AS AVAILABLE” basis.

12. Amendments to the Terms and Conditions of Use

These Terms and Conditions of Use are subject to change at any time at the sole discretion of the Owner. You shall ensure that you have an updated and current understanding of the Terms and Conditions of Use prior to each access of the Website and/or any information contained therein or conveyed to you. Your continued use of the Website after any amendment shall constitute your acceptance of any amended Terms and Conditions of Use and shall be of sufficient consideration to ensure your agreement to such amended sections.

13. Notice

Notices to you may be made via either email or postal mail. The Website may also provide notices of changes to the Terms and Conditions of Use or other matters by displaying notices or links to notices to you on the Website.

14. Indemnification

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, managers, and other affiliated companies, and their employees, contractors, third party administrators, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website, including any data or Proprietary Information transmitted or received by you or any service provider; (b) any other party's access and use of the Website with your username and password; (c) Your violation of these Terms and Conditions of Use; (d) Your violation of any sports betting regulations, edicts or laws to which you are subject; or (e) Your violation of any rights of a third party or service provider.

15. Privacy Policy

The Owner will make their reasonable best efforts to ensure the privacy of the information provided by you. As a user of the Website, you acknowledge that the Owner collects and uses the personal information provided by you for the purpose of ensuring the efficient functioning of the Website or otherwise. The Owner does not sell your personal information under any circumstance. Please review the details of the Owner’s online Privacy Policy.

16. Third Party Links

The Website contains links to other websites and may forward users to other websites within the same Internet browser window. These third party websites are not under the control of the Owner, and the existence of a link on the Website does not imply any endorsement of the linked website(s) by the Owner or any affiliation between the Owner and the owners of the linked websites. The Owner makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms and conditions of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked third party website(s). You agree that the Owner 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 content, goods or services available on or through any such site or resource. The Owner encourages you to examine the privacy policies and/or terms and conditions policies of any third party website.

17. External Linking

(a) If you have a website and wish to establish a temporary or permanent link from your website to the Website, you must link to www.thesportsasylum.com, our homepage, only. If you would like to link to our homepage you will need to receive the express written permission from the Owner. Please submit your request (including your corporation's name, your name and title, and business industry) to info@thesportsasylum.com for our review and approval.

(b) No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.thesportsasylum.com, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited and will expose you to liability.

18. Third Party Content and Advertising

The Website may contain advertising and/or other third party content. The Owner is not responsible for any content, error, omission or inaccuracy in any third party or advertising material or the content or operation of their websites. You agree that, although the Website may contain links to other websites, such link or links no way constitutes an endorsement of any site by the Owner and/or the Website. The Owner is not responsible for the availability, operation or legality of such site or content and such links are provided on an “AS IS” basis with no guarantee or warranty whatsoever, whether express or implied. You agree that advertisers, other content providers and linked websites are solely responsible for the content, operation and legality of their own websites.

19. Assignment

These Terms and Conditions of Use are personal to you, and your rights and obligations under these Terms and Conditions of Use may not be assigned, sub-licensed or otherwise transferred to any other person or organization.

20. Statute of 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 the use of the Website, Terms and Conditions of Use or Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

21. Circumvention

You acknowledge and agree that as a user of the Website, you shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use, the services offered through the Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If the Owner determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, you will be subject to suspension or termination of your access to the Website and/or secured Members Section, and the Owner reserves the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.

22. Waiver/Severability

The failure of the Owner to require or enforce strict performance by you as a user of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of the Owner’s right to assert or rely upon any such provision or right in that or any other instance.

In the event that any provision(s) of these Terms and Conditions of Use are found to be void, invalid, illegal or unenforceable by any court, whether in whole or in part, such finding will not affect the operation of any other provision of this Agreement and all other provisions will continue in full force and effect. This Agreement shall be read down to the most minimal extent as is necessary.

23. Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and the Owner with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by the Owner.