TERMS OF USE

THIS HOCKEY POOL SOFTWARE IS FOR ENTERTAINMENT USE ONLY.

This website is offered to you conditionally upon your acceptance of the terms and conditions set out below, as well as any amendments or additional terms, policies or procedures published on this website from time to time by Netgenetix.com Media Inc. ("Netgenetix"). You should check these terms and conditions from time to time to keep informed of any such amendments or additions. By accessing and using this website, you are deemed to have agreed to these terms and conditions. Netgenetix shall have the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

1. Copyright Netgenetix.com Media Inc. All rights reserved.
Netgenetix either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content on our website (including the organization and layout of this site). No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the prior written permission of Netgenetix.

2. Liability Disclaimer
You use this website and any content you choose to download at your own risk. If your use of this website or the materials therein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Netgenetix is not responsible for those costs. NETGENETIX DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE. FURTHER, NETGENETIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION OR PRODUCT CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL NETGENETIX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF NETGENETIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS HOCKEY POOL SOFTWARE IS FOR ENTERTAINMENT USE ONLY.

3. Use of the Chump Chat Message Board.
You agree to use any bulletin board or other forum for communication solely to send and receive messages and material that are related to the particular forum. You acknowledge that chats, postings, conferences, and other communications by you or any other person are not endorsed by Netgenetix, and such communications should not be considered to have been reviewed, screened, or approved by Netgenetix. If you rely on information posted by other users, you do so solely at your own risk. You shall use this website for lawful purposes only. You shall not use this website to do any of the following:
a. post, store, transmit, download or distribute any threatening, abusive, libelous, defamatory, obscene, or legally objectionable materials of any kind, including anything constituting or encouraging a criminal offense, giving rise to civil liability, or otherwise violating any laws;
b. post any non-public information about companies without the proper authorization to do so;
c. provide false information on your registration, or impersonate someone else;
d. post, transmit or otherwise distribute any materials that contain a virus, trojan horse, worm, or other harmful or disruptive component; or
e. upload, post, transmit or otherwise distribute or reproduce any information, software or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the right.
f. Netgenetix reserves the right for any reason to remove without notice any content of this website received from you, including without limitation bulletin board postings. Netgenetix reserves the right to deny, in its sole discretion, any person access to this website or any portion thereof without notice. Netgenetix reserves the right to edit any notices of postings for clarity and length.

4. Indemnification
You agree to defend, indemnify and hold harmless Netgenetix, its affiliates and partners, and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers' fees, arising out of your use of this website.

5. Monitoring
Netgenetix shall have the right, but not the obligation, to monitor the content of this website, including chat rooms and forums, to determine compliance with these terms of use and any operating rules established by Netgenetix and to satisfy any law, regulation or authorized government request. Netgenetix shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, Netgenetix shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Termination
Without limiting the foregoing, Netgenetix shall have the right to immediately terminate your access to this website in the event of any conduct by you which Netgenetix, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of any of these Terms of Use.

7. Statistical Disputes
Once again, THIS HOCKEY POOL SOFTWARE IS FOR ENTERTAINMENT USE ONLY. If a dispute in the accuracy of the data on this site occurs you agree that www.nhl.com will be used to settle the dispute and Netgenetix and Pickuphockey.com representatives have the final say.

11. Governing Law
This site is created and controlled by Netgenetix in the Province of British Columbia, Canada. As such, the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, shall govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. Netgenetix reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.

12. Language
The parties have required that this agreement and all documents related hereto be prepared in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.