THE POWER RANK

Terms of Use

Last Updated: April 2012
Effective date: April 2012

General

The Power Rank, Inc. (“TPR”) provides information and services through its web sites, programs and computer servers, including but not limited to sport analytics, sports news, blog postings, and forums. (All such services are referred to collectively herein as “ThePowerRank.com.”)

By accessing or using ThePowerRank.com, you are a “user” and you accept and agree to the terms below (the “Terms of Use” or “TOU”) as a legal contract between you and TPR. The TOU include and incorporate additional terms (“guidelines”) applicable to particular categories or services available on ThePowerRank.com as set forth to users upon access to such categories or services. TPR may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of ThePowerRank.com.

Consent to Terms

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of ThePowerRank.com, in which case any continuing access or use of ThePowerRank.com is unauthorized.

After termination of access, any paid subscriptions will continue to be billed until you request the service to be cancelled.

Terms

The information on ThePowerRank.com is for entertainment purposes only. ThePowerRank.Com should not be used for gambling, betting, or gaming purposes. TPR is not liable for losses based on any such use.

By accessing this web site, you agree to be bound by these web site Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

ThePowerRank.com is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

ThePowerRank.com has the right, but not the obligation, to moderate content posted to, stored on, or transmitted via ThePowerRank.com by any user or third-part.

The PowerRank.com has the right to enforce the TOU by any means deemed appropriate by TPR.

User content prohibited on ThePowerRank.com includes, but is not limited to:
1) Illegal content;
2) Offensive content (including, without limitation, libelous, defamatory, threatening, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, or hateful);
3) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
4) content that discloses another’s personal, confidential or proprietary information;
5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to postings submitted to ThePowerRank.com);
6) any software or other materials which contain a virus, worm, Trojan horse, malware, spyware, or other malicious software;
7) content that offers, promotes, advertises or provides links to unsolicited products or services.

Use License

Permission is granted to temporarily download one copy of the information on ThePowerRank.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on ThePowerRank.com;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by TPR at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

TPR does not allow framing of ThePowerRank.com.

Disclaimer

THEPOWERRANK.COM SERVICES AND ANY CONTENT, MATERIALS, USER MATERALS, FEATURES OR PRODUCTS AVAILABLE ON OR THROUGH THEPOWERRANK.COM ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOUR ACCESS TO, USE OF AND RELIANCE ON THEPOWERRANK.COM AND CONTENT ACCESSED THROUGH THEPOWERRANK.COM IS ENTIRELY AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, TPR ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO:

  • THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THEPOWERRANK.COM AND CONTENT ACCESSED THROUGH THEPOWERRANK.COM;
  • COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM;
  • ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON THEPOWERRANK.COM OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability

TPR AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER TPR REPRESENTATIVES (“TPR REPRESENTATIVES”) SHALL UNDER NO CIRCUMSTANCES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY ACCESS TO, USE OF OR RELIANCE ON THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF TPR OR ANY TPR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM; ANY INABILITY TO ACCESS OR USE THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THEPOWERRANK.COM OR CONTENT ACCESSED THROUGH THEPOWERRANK.COM (INTPRUDING, WITHOUT LIMITATION, ANY LINKS ON THEPOWERRANK.COM AND LINKS IN CONTENT ACCESSED THROUGH THEPOWERRANK.COM).

You hereby release TPR and each of the TPR Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to ThePowerRank.com or content accessed through ThePowerRank.com, or any interactions with others arising out of or related to ThePowerRank.com or content accessed through ThePowerRank.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Arbitration Agreement

You agree that any dispute, claim or controversy arising out of or relating in any way to ThePowerRank.com service, including the web site, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction.

Any such arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

Revisions and Errata

The content on ThePowerRank.com could include technical, typographical, photographic, or other errors. TPR does not warrant that any of the materials on its web site are accurate, complete, or current.

TPR may make changes to the materials contained on its web site at any time without notice. TPR does not, however, make any commitment to update the materials.

Links

TPR has not reviewed the sites that link to ThePowerRank.com and is not responsible for the contents of any such linking site. The inclusion of any link does not imply endorsement by TPR of the linking site.

Use of any site linked from ThePowerRank.com is at the user’s own risk.

Site Terms of Use Modifications

TPR may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Copyrights

“THEPOWERRANK.COM” and “TPR” are trademarks of TPR and are protected by United States and international laws. The TOU do not authorize you to use “THEPOWERRANK.COM,” “TPR” or any similar or related marks for any use pertaining to sports analytics, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with TPR.

Feedback

Questions or comments on these TOU should be submitted to: thepowerrank at gmail dot com.