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It's 2018… Play like it.

How 2 Play

01The App
01 The App

Follow the action
like never before

Simply pre-select the winning teams of each game, every week in the NFL schedule, earning points for each pick, over the regular season of 17 weeks. Sounds like everyone else’s contests, apps, whatever, right?

Yeah, well, no one else’s apps allow you to CHANGE YOUR PICK ANYTIME, ANYWHERE, even during the game, up to the last second, and still earn points.

Think about it… how many times have you wished you could have changed your team choice? Surprising upsets, come from behind games that you thought could never happen, etc… SpeedBrackets makes it so that you can change your pick, while also allowing you to create and organize contests (pools), providing real-time scores, news, stats, play-by-play, and much, much more. Watch every game on one screen!

Play weekly competitions, or for the overall season!

02Dynamics
02 Dynamics

change winners in live,
schedule, features

This is what we mean by "It’s 2018. Play like it". Your favorite team just not up to it on game day? On the wrong side of a “Cinderella story” or two? Change your winning team choices anytime, even during the game. Watch the action and stay in the competition to win, right til the final gun of the championship game of the season.

From the GAME or the SCHEDULE screen, command your choice of teams you select to win, and automatically update your choices. You choose what notifications you need to stay on top of your game; your team down by 10?, game about to end and your team is losing? We've got you covered.

 

Never have your picks locked in again, and beware of all those other apps that can't make our claim of "ANYTIME, ANYWHERE".

03Bracket
03 How to play

A whole
new game

REGISTER

SCHEDULE

LOCK TEAM

04Pools
04 Pools

Create, find, connect,
global pools

Just registering and filling out a bracket automatically enters you in the GLOBAL POOL™; yep you against everyone else in the world ok, against every other person on the app...), no matter if they're in any of your personal, business, whatever pool, you're a member. But don't stop there ...

In an instant, create, personalize, and manage your own championship pools like never before. Invite friends, family, coworkers, customers, etc. (no limit!), to join your pool in seconds. With leader-boards, chat rooms, your custom graphics, and more, make your pools stand out in a big way, levels above any of the current competition's sites, brackets, and pools...

That’s it! You’re all set up! What’s next? Sit back and get ready to watch the games!

Register

Create your account
or
or

Login

To speedbrackets

PICK A PERFECT BRACKET AND WIN $1,000,000!

Entrants must be 18 years of age by Wednesday, March 14, 2018, US residents, etc… see official rules here: 4352059379

Be one of the first 100,000 entrants by signing up and registering your account on the website version at /mm.speedbrackets.com

And joining the $1,000,000 Bracket Challenge Pool. Then, fill out and submit your perfect bracket, before Thursday, March 15, 2018, 03:01am, EDT, or until 100,000 entries are verified, whichever comes first! 

Better hurry, those 100,000 will go quickly with $1,000,000 on the line! Sign up first, then tell all your friends! (If one of your friends wins that you invited, they better remember you on prize day…)

Then just sit back and enjoy all the games! That’s it. It’s that easy. On our patent-pending software, a perfect bracket (all your original picks win every game in the tournament) scores 9600 points.

Select all games correctly on your bracket, don’t change your winners, your score is 9600, and you’re a millionaire!

But wait, IF, by some chance your bracket is about to bust, CHANGE your team that’s about to lose, or readjust your bracket!

Yes, you read that right, on our app, you can CHANGE your bracket ANYTIME, ANYWHERE. And stay in the hunt for the “Global Pool™ Bracket Challenge” grand prize :

Tickets to the final 3 games of next years championship, air fare, hotel accommodations, food and beverage, rental car, and more!

In the GlobalPool™, you’ll be playing against every other person who has downloaded the app.

Think:

Create your own pools with your friends, family, coworkers, customers, etc., on top of our $1MM Bracket Challenge and GlobalPool™ !

$1MM Challenge

How to get started:

HINT: Some might find it easier to fill out their brackets on their desk/laptops; bigger screen and all.

Just go to mm.speedbrackets.com , register and fill out brackets, create pools, etc., there and log in on your mobile device to see it all neatly saved to go!

REGISTER/CREATE PROFILE – ( /mm.speedbrackets.com ) it's easy… trust me.

Join the $1MM Bracket Challenge Pool by:

  • clicking on POOLS (on your DASHBOARD),
  • then click FIND A POOL (from the drop-down menu),
  • then click on JOIN on the $1MM BRACKET CHALLENGE POOL.

Then make sure to finish filling out your perfect bracket and submitting it BEFORE Thursday, March 15, 2018, 03:01am, EDT when submissions are due!

Click on BRACKET – Create your winning bracket

- NOTICE FOR $1MM BRACKET: YOU MUST PICK WINNERS FOR ALL THE GAMES, ALL THE WAY THROUGH THE CHAMPIONSHIP, BEFORE HITTING THE SAVE BUTTON!!! IF YOU HIT "SAVE CHANGES" BEFORE YOUR BRACKET IS TOTALLY FINISHED, YOUR BRACKET IS INELIGIBLE FOR THE $1MM GRAND PRIZE, because there’s no way you could score a perfect score of 9600 points, that's why.

On our patent-pending software, a perfect bracket (all your original picks win every game in the tournament) scores 9600 points. Select all games correctly on your bracket, don't change your winners, your score is 9600, and you're a millionaire!

(If for some reason you don't save your bracket before it is completely filled out, you are still in the running for the GlobalPool™ grand prize. Just finish your bracket later to get the most points possible, no problem.)

Of course, your goal is to make no changes whatsoever and to have picked the winner of every game before the tournament starts (a perfect bracket). But we make it so that if you think you are going to lose a game, you can still change your team pick to score a win at the end of game, giving you more points for a higher score than if you would have just let your original team lose. That's all there is to Dynamic Brackets™!

The points are based on time, number of changes, which round the changes are made, and more. It’s a complicated, internationally patent-pending algorithm, but that’s for people like Sheldon Cooper (google it) to obsess over, allowing you to just enjoy the fun.

Click on POOLS – Create or join a POOL– You're already in the Global Pool™, but easily create your own personal pool, invite others, manage, view the games in real-time, stats, news; everything you need for the whole tournament. There's even live chat in your pools rooms to brag how well you're doing, but remember, modesty is a virtue… Why not give away prizes to the winners of your pools for even more fun?

Now just wait for the games to begin, but use this time to invite others to your pools and find other pools to join for prizes, bragging rights, etc.

TOURNAMENT STARTS - Follow the games and your pools leaderboards in real-time and see how well your picks are doing, changing them anytime during the game, from your mobile device or laptop. Change your brackets also, even during the tournament, but remember, the earlier you change your picks, the higher your score than if you wait… also, the fewer changes you make to your bracket, the better. Remember, the later rounds are worth more points and increase as you get closer to the championship, so you’re never out of the competition… beats busted brackets, huh? Even check out your friends’ bracket choices if they let you!

That's it! Good luck!

Official Rules

SpeedBrackets Million Dollar Bracket Challenge and GlobalPool

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.

By entering one or both of the Challenges, you agree to be legally bound by these Official Rules, the SpeedBrackets Terms of Use and the decisions of SpeedBrackets Inc. (the “Sponsor”).  These Challenges are not endorsed by, associated with, or sponsored by, the National Collegiate Athletic Association ("NCAA"), its members or it partners.

1. Eligibility

(a) You must have a SpeedBrackets User Account to participate.  You can register for a free SpeedBrackets User Account at www.SpeedBrackets.com or through the SpeedBrackets App.

(b) You must be at a legal resident of the United States of America and at least 18 years of age (or the age of legal majority in your jurisdiction, if older).  If you are a resident of Alabama or Nebraska, you must be least 19 years of age, and if you are a resident of Massachusetts, you must be 21 years of age.

(c) Employees of SpeedBrackets (“Employees”) and their Family Members are not eligible to participate.  “Family Members” includes the spouse, domestic partner, parents, grandparents, in-laws, children, siblings, and any other person who lives in the same residence.

(d) Collegiate student athletes, coaches, members of athletic departments, referees and other officials of the NCAA are not eligible to participate.

(e) Void outside of the 50 United States and the District of Columbia.  Void where prohibited by law.

2. Challenge Period  All times in these Official Rules are Eastern Daylight Time (EDT).

(a) Entry in the Million Dollar Bracket Challenge begins on Tuesday, March 13, 2018 at 12:00 pm (Noon) EDT and ends Wednesday, March 15, 2018, at 03:01am EDT, or until 100,000 entries are verified, whichever comes first.

(b) Entry in the GlobalPool Challenge begins on Tuesday, March 13, 2018 at 12:00 pm (Noon) EDT and ends Monday, April 2, 2018, at 11:59pm EDT, or upon the completion of the 2018 NCAA Men's Basketball Tournament (the "Tournament"), whichever occurs first (the "Challenge Period").  Yep, you can enter up to the last second of the Championship Game

3. How to Enter. To access and/or enter the Challenges, log-on to and register with your [name and email address] on the speedbrackets.com or the SpeedBrackets App  homepage, complete your tournament bracket during the Challenge Period, and complete your entry by clicking on the "Save Changes" button on the BRACKET screen.  If the "Join Pool" button is active, click on the button to join the "Million Dollar Bracket Challenge Pool". If entry into the Million Dollar Bracket Challenge is closed, the “Join Pool” button will no longer be active, but you will still be entered into the GlobalPool Challenge.  All entries become the property of Sponsor and will not be returned.

LIMIT:  ONE (1) ENTRY PER PERSON/ PER UNIQUE  SPEEDBRACKETS.COM USER ACCOUNT (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR USER ACCOUNTS REGISTERED).  Use of multiple email address or User Accounts to enter is not permitted and may result in disqualification from winning a prize.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.

4. Scoring

(a) General Objective.  The general objective of the Challenges is to earn the most points by correctly selecting the winner for each of the matches played in the first six rounds and the Championship Game of the Tournament.

(b) Points.  Each correct pick in a given round without changing teams is awarded the number of points shown below  :


  • Round 2: 50 points per pick
  • Round 3: 100 points per pick
  • Round 4: 200 points per pick
  • Round 5: 400 points per pick
  • Round 6: 800 points per pick
  • Championship: 1600 points per pick

Points are deducted from the potential perfect score on an increasing basis as games advance in time should the entrant change teams and/or bracket selection prior to the end of the applicable game.


In the event a Tournament match does not occur as scheduled, due to cancellation or for any other reason, no points will be awarded.

(c) Lock-time for Picks.  For the GlobalPool Bracket Challenge, you are free to change your picks whenever you like prior to the completion of the applicable game (subject to the point deductions described above).  


All picks for the Million Dollar Bracket Challenge will lock at the scheduled tip off time of the Tournament, currently scheduled for Thursday, March 15, 2018. Your picks for the matchups must be submitted, received and recorded by Sponsor's computer by the scheduled lock time. Selections submitted after the deadline are considered invalid. Sponsor's computer is the official time-keeping device for the Challenges.  If you "break the lock" by switching teams, either in the GAME section or BRACKET section of the site or app, your entry in the Million Dollar Bracket Challenge is forfeited, but you are still in the running for the GlobalPool Bracket Challenge.

5. Prizes

One (1) prize of One Million Dollars will be awarded to the winner of the Million Dollar Bracket Challenge.

The winner of the GlobalPool Bracket Challenge will win a trip to the Final Four® tournament games in 2019.  Prize will include ground transportation or coach class flight from the major airport nearest to winner’s home (in Sponsor’s sole discretion), transportation to and from the airport and to the winner’s hotel, hotel accommodations for two nights, and tickets to the tournament games.  All expenses and incidental travel costs not expressly stated in the description above, including but not limited to, ground transportation, meals, incidentals, gratuities, personal charges at lodging, bar and beverage charges, surcharges, service charges or facility charges, security fees, taxes, items of a personal nature or other expenses are the responsibility solely of winner. Actual value of prize will vary based on winner’s departure point, mode of transportation used and hotel accommodations provided, all as selected by Sponsor in its sole discretion. Winner must be available to travel and participate in prize opportunities on dates selected by Sponsor in its sole discretion.  If winner cannot travel or participate on those dates, prize will be forfeited. Additional restrictions, conditions and limitations may apply. No refund or compensation will be made by Sponsor in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions as detailed in the airline’s passenger ticket contracts. Winner is solely responsible for his or her conduct while using or participating in the prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize, including, but not limited to, consumption of alcoholic beverages. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.

No substitution or transfer of prize is permitted, except that SpeedBrackets reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  All taxes associated with the receipt of any prize are the sole responsibility of the winner. Each winner will be required to supply Sponsor with his or her social security number for tax reporting purposes.

As a condition to receiving a prize, the winner will be required to sign and return an affidavit of eligibility, liability release and publicity release, except where prohibited by law.  Sponsor reserves the right to conduct a background check concerning any winner. Sponsor reserves the right (in its sole discretion) to disqualify a winner based on the background check and to determine an alternate winner.

6. Selection of Winner(s).  Winners will be determined within two (2) business days after the end of the Tournament.  The winner for each of the Challenges will be the person with the greatest number of points.  The winner of the Million Dollar Bracket Challenge will win the Million Dollar prize and will not be eligible to win the prize for the GlobalPool Bracket Challenge.  Prizes will only be awarded if the Tournament is run to completion. Sponsor reserves the right to cancel the Challenges at any time. In the event of a cancellation, no prizes will be awarded except as specifically provided in these Official Rules.

7. Conditions of Participation.  By entering a Challenge, you agree to be bound by the Official Rules and the decisions of SpeedBrackets, which shall be final and binding in all respects.  We may, in our sole discretion, disqualify you from participating in any Challenge, refuse to award prizes and require you to return prizes, if you violate the Terms of Use or the Official Rules or engage in any conduct we deem to be unfair, improper, tampering with the administration of a Challenge or otherwise adverse to the operation of the Challenge.  All entries become the property of SpeedBrackets and will not be acknowledged or returned.

8. Entertainment Purposes Only.  The Challenges are for entertainment purposes only and may not be used for any form of gambling or wagering

9. Administration.

(a) Sponsor is not responsible for: any incorrect, invalid or inaccurate information supplied by you; technical malfunctions; human errors; failures, interruptions, deletions or defects of any communications network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Challenge), including without limitation any injury or damage to any entrant's or any other person's computer or communications equipment relating to or resulting from participation in a Challenge; inability to access the Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or data of any kind; typographical, printing or other errors; or any combination of any of the foregoing.

(b) If for any reason a Challenge is not capable of running as originally planned, or if a Challenge, computer program or application, or website (or any portion thereof) becomes corrupted or does not allow the proper entry to a Challenge in accordance with the Terms of Use or the Official Rules, or if any virus, bug, tampering, unauthorized intervention, fraud, technical failures, or any other causes of any kind, in the sole opinion of SpeedBrackets corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Challenge, we reserve the right, in our sole discretion, to disqualify any individual responsible for such action and/or to cancel, terminate, extend, modify or suspend the Challenge, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.

10. Disputes.  All disputes, claims and causes of action shall be resolved in accordance with the SpeedBrackets Terms of Use.  Entries are deemed to be made by the Authorized Account Holder of the email address used in connection with entering the Challenge.  The "Authorized Account Holder" is the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, we may, our sole discretion, require you to provide proof that you are the Authorized Account Holder and may utilize any information collected by us to assist in verifying the identity and/or eligibility of the Authorized Account Holder.

11. Publicity.  By entering a Challenge, you consent to the use of your name, identification of your hometown and state, voice and likeness/photograph in connection with the production, distribution, operation and marketing of any Challenge and/or the Services, without any right to review or approve any materials created or used, and without further consideration, except where prohibited by law.  In addition, winners of prizes may be require to attend press conferences, media events and other promotional activities, at Sponsor’s expense, except where prohibited by law.

12. Indemnity.  By entering into a Challenge, you agree to indemnify, release and to hold harmless SpeedBrackets, its affiliates and agents, as well as their officers, directors, employees, shareholders and representatives (collectively, the "Released Parties"), from all liability, claims or actions of any kind whatsoever, including but not limited to injuries, loss of life, damages, fines, penalties or losses to persons and property which may be sustained in connection with participation in the Challenge or the receipt, use or misuse of any prize, as well as any claims based on defamation, invasion of privacy or publicity rights.  We may at any time require you to execute a separate release of claims or a publicity release (except where prohibited by law) as a condition of being awarded a prize.

13. Rules and Winners List.  For a copy of the Official Rules and/or names of winners, mail a self-addressed stamped envelope to the address below not later than May 5, 2018:

SpeedBrackets, Inc.

Attn:  Million Dollar Bracket/GlobalPool Challenges

P.O. Box 144

Lee, FL 32059

TERMS OF USE

These Terms of Use (“Terms of Use”) govern your use of our website located at www.speedbrackets.com (the “Website”), our related mobile device application (the “App”), and any other related contests, games, promotions, content, features, materials, applications and/or services (collectively the “Services”) offered by SpeedBrackets, Inc. (“SpeedBrackets” or “we” or “us”).  For purposes of these Terms of Use, “you” and “your” means you as the user of the Services.

Please review these Terms of Use carefully as they affect your legal rights and obligations. These Terms of Use describe your responsibilities, SpeedBrackets’ liability and the liability of third parties related to the Services.  All users of SpeedBrackets’ Services must accept and comply with the terms and conditions set forth herein. Each contest and certain other portions of the Service may be subject to additional terms and conditions specified by us from time to time; your use of those specific Services are subject to those additional terms and conditions.  If you have any questions regarding these Terms of Use, please contact us via email at 920-868-4044.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES.

BY USING THE SERVICES OR DOWNLOADING OUR APP, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MAY NOT USE ANY OF OUR SERVICES OR DOWNLOAD OUR APP.

I. ACCOUNT REGISTRATION

1. You do not need to create an account on the Services (a “User Account”) to visit the public pages of the Services, however, you do need a User Account to set up and participate in brackets.  To register a User Account, you must be at a legal resident of the United States of America and at least 18 years of age (or the age of legal majority in your jurisdiction, if older). If you are a resident of Alabama or Nebraska, you must be least 19 years of age, and if you are a resident of Massachusetts, you must be 21 years of age.  You may create a User Account by completing the registration process set forth on the Website and in the App. You can also register a User Account through your Facebook, Google+ and Twitter accounts. You are responsible for providing and maintaining current your contact information, which may include name, email address, postal address, state of residence, and phone number.  By creating a User Account, you represent and warrant to us that all information you have provided is accurate.

2. You are the sole authorized user of your User Account.  You are responsible for maintaining the confidentiality of any login and password selected by you or SpeedBrackets for accessing the Services.  You are solely and fully responsible for all activities that occur under your password or account. SpeedBrackets has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must cease all use of the Services and contact SpeedBrackets immediately by emailing support@SpeedBrackets.com.  

II. TERMS APPLICABLE TO THE SERVICES

1.License to Use Services.  Subject to your compliance with these Terms of Use, SpeedBrackets hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services (and to download a single copy of the App onto your own mobile device), solely on computers and devices that you own or control, and subject to the limitations set forth below.  These Terms of Use are limited to the intellectual property rights of SpeedBrackets and its affiliates and licensors and do not include any rights to intellectual property of other third parties. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.

Apple App Store.  if you are using the App from the Apple App Store, To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and SpeedBrackets, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, SpeedBrackets, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Google Play Store.  If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the tree tomato and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Agreements, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play.  You acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by SpeedBrackets or you (or any other user) under these Agreements or the Google Play Terms.

2. Use Restrictions.

(a) The Services and contests may not be used for any form of illegal or illicit gambling.

(b) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will provide us with whatever proof of identity we may reasonably request; (iii) you will only use the Services for lawful purposes; (iv) you will only use the Services for your own use and will not distribute or resell it to a third party; (v) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (vi) you will not impair the proper operation of the network, including but not limited to by trespass or burdening network capacity; and (vii) you will not try to harm the Services in any way whatsoever.

(c) You agree that you will not use the Services: (i) for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (ii) to advertise, solicit or transmit commercial advertisements, including “spam”; (iii) to cause nuisance, annoyance or inconvenience; or (iv) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

(d) You agree to protect the Services from any unauthorized access or use, and will not use the Services or any proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by SpeedBrackets.

(e) Except as specifically permitted herein or expressly authorized in writing by SpeedBrackets, you agree that you will not directly or indirectly: (i) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (ii) harvest or scrape any content or data from the Service; (iii) interact with the Services through any automated means (including but not limited to scripts, bots and third-party tools); or (iv) authorize any third party to engage in any of the acts described in this clause.

(f) You further agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (y) use any means to discover the source code of any portion of the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services.

3. User Content License Grant.  As a condition of your use of the Services, you hereby grant to SpeedBrackets a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”).  By posting or submitting Your Content through the Services, including any publicly accessible blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING.

4. Third Party Services and Materials. (a) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that SpeedBrackets is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SpeedBrackets does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.

(b) In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. SpeedBrackets makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

IV. PRIVACY.

Our privacy practices in operating the Services are described in our Privacy Policy located at www.speedbrackets.com/privacy (“Privacy Policy”). Please review the Privacy Policy to learn about:

  • how we may collect information from or about you;
  • what information we may collect about you;
  • what we use that information for; and
  • what information we may share with third parties and with whom we may share that information.

V. GENERAL CONTEST RULES.

Contests are available for entry through the Services.  “Public Contests” are contests that are open to anyone that meets the eligibility requirements for the particular contest.  We may also offer the ability to set up “Private Contests” are contests not listed in the “Public Contest Listing” and which are available only by invitation.  Contests are free to enter. The following contest rules, together with the specific rules and instructions that apply to particular contests, are collectively referred to as the “Official Rules.”

1. Eligibility.

(a) You must have a User Account to participate in any contests.  Some of our contests may be restricted to persons who are 21 years of age or older.

(b) Employees of SpeedBrackets (“Employees”) and their Family Members are not eligible to participate in any Public Contests.  “Family Members” includes the spouse, domestic partner, parents, grandparents, in-laws, children, siblings, and any other person who lives in the same residence.  Employees and their Family Members may participate in Private Contests hosted by another Employee or Family Member of the person desiring to participate. Employees and related Family Members living in the same household as any Employees located in Colorado are not eligible to participate in any contests offering a prize.

(c) Amateur or professional athletes, coaches, team owners, team employees, referees or league officials, and their Family Members are not eligible to participate in any contests in the sport with which they are associated.

2. Prizes.  Prizes, if any, will be described in the specific rules each contest.  No substitution or transfer of prize is permitted, except that SpeedBrackets reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  All taxes associated with the receipt of any prize are the sole responsibility of the winner.

3. Selection of Winner(s).  Winners are determined by the objective criteria described in the specific rules provided in connection with the contest.  Entrants compete based on their analytical skills and knowledge of the particular sport. Winners will be determined at the time provided in the specific rules for each contest.  Prizes will only be awarded if a contest is run to completion. We reserve the right to cancel contests at any time. In the event of a cancellation, no prizes will be awarded except as specifically provided in these Official Rules.

4. In-Game Options.  Contests may offer options that affect play.  For example, a contest may offer you the chance to change your picks prior to the conclusion of a game.  These options, their availability and the manner in which the options affect play or your point totals will be disclosed in the specific rules and instructions that apply to particular contests.

5. Conditions of Participation. By entering a contest, you agree to be bound by the Official Rules and the decisions of SpeedBrackets, which shall be final and binding in all respects.  We may, in our sole discretion, disqualify you from participating in any contest, refuse to award prizes and require you to return prizes, if you violate the Terms of Use or the Official Rules or engage in any conduct we deem to be unfair, improper, tampering with the administration of a contest or otherwise adverse to the operation of the contest.  All entries become the property of SpeedBrackets and will not be acknowledged or returned.

6. Entertainment Purposes Only. Contests and games are for entertainment purposes only and may not be used for any form of gambling or wagering.

7. Administration.

(a) We are not responsible for: any incorrect, invalid or inaccurate information supplied by you; technical malfunctions; human errors; failures, interruptions, deletions or defects of any communications network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrant's or any other person's computer or communications equipment relating to or resulting from participation in a contest; inability to access the Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or data of any kind; typographical, printing or other errors; or any combination of any of the foregoing.

(b) If for any reason a contest is not capable of running as originally planned, or if a contest, computer program or application, or website (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest in accordance with the Terms of Use or the Official Rules, or if any virus, bug, tampering, unauthorized intervention, fraud, technical failures, or any other causes of any kind, in the sole opinion of SpeedBrackets corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest, we reserve the right, in our sole discretion, to disqualify any individual responsible for such action and/or to cancel, terminate, extend, modify or suspend the contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.

8. Disputes.  Entries are deemed to be made by the Authorized Account Holder of the email address used in connection with entering the contest.  The "Authorized Account Holder" is the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, we may, our sole discretion, require you to provide proof that you are the Authorized Account Holder and may utilize any information collected by us to assist in verifying the identity and/or eligibility of the Authorized Account Holder.

9. Publicity.  By entering a contest, you consent to the use of your name, identification of your hometown and state, voice and likeness/photograph in connection with the production, distribution, operation and marketing of any contest and/or the Services, without any right to review or approve any materials created or used, and without further consideration, except where prohibited by law.  In addition, winners of prizes may be require to attend press conferences, media events and other promotional activites, at Sponsor’s expense, except where prohibited by law.

10. Indemnity.  By entering into a contest, you agree to indemnify, release and to hold harmless SpeedBrackets, its affiliates and agents, as well as their officers, directors, employees, shareholders and representatives (collectively, the "Released Parties"), from all liability, claims or actions of any kind whatsoever, including but not limited to injuries, loss of life, damages, fines, penalties or losses to persons and property which may be sustained in connection with participation in the contest or the receipt, use or misuse of any prize, as well as any claims based on defamation, invasion of privacy or publicity rights.  We may at any time require you to execute a separate release of claims as a condition of being awarded a prize.

VI. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY.

1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPEEDBRACKETS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. SPEEDBRACKETS DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE SERVICES WILL BE CORRECTED.  ANY ORAL OR WRITTEN ADVICE PROVIDED BY SPEEDBRACKETS OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPEEDBRACKETS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL SPEEDBRACKETS BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER  DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF SPEEDBRACKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SPEEDBRACKETS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

3. You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that SpeedBrackets would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce SpeedBrackets to grant you the rights set forth in these Terms of Use.

4. By entering into these Terms of Use and using the Services, you agree that you shall defend, indemnify and hold SpeedBrackets, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; or (d) your negligence or willful misconduct.

VII. OWNERSHIP.  

1. The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws.  You acknowledge and agree that SpeedBrackets and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests.  You do not acquire any rights or licenses under any of SpeedBrackets’ (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of SpeedBrackets (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of SpeedBrackets, and (ii) only use such information for the purposes of using the Services provided by SpeedBrackets hereunder.

2. Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to SpeedBrackets by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by SpeedBrackets or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of SpeedBrackets.  You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions.  All Feedback and Revisions become the sole and exclusive property of SpeedBrackets and SpeedBrackets may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.  You hereby assign to SpeedBrackets any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At SpeedBrackets’ request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

VIII. ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding).  Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

1. Informal Process First.  You agree that in the event of any dispute between you and SpeedBrackets, you will first contact SpeedBrackets and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

2. Arbitration Agreement.  After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of SpeedBrackets’ services and/or products, including the Services, or relating in any way to the communications between you and SpeedBrackets or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and SpeedBrackets. However, this arbitration agreement does not (a) govern any Claim by SpeedBrackets for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SpeedBrackets are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to SpeedBrackets, Inc., Attn:  Legal, P.O. Box 144, Lee, FL 32059. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.  The arbitration will be conducted in the English language. Nevada law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with SpeedBrackets and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@speedbrackets.com within thirty (30) days of the first of the date you access or use the Service.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and SpeedBrackets each waive any right to a jury trial.

VIII. GENERAL PROVISIONS

1. Modifications. We may modify these Terms of Use at any time.  Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use.  If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes.  Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.

2. Termination. If you breach any of the terms of these Terms of Use, all licenses granted by SpeedBrackets, including permission to use the Services, will terminate automatically.  Additionally, SpeedBrackets may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason.  If SpeedBrackets deletes your User Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, SpeedBrackets may, but is not obligated to, delete any of Your Content. SpeedBrackets shall not be responsible for the deletion of (or failure to delete) Your Content.  All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by SpeedBrackets or you. Termination will not limit any of SpeedBrackets’ other rights or remedies at law or in equity.

3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by SpeedBrackets hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.  In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

4. U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

5. Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to SpeedBrackets for which monetary damages would not be an adequate remedy and SpeedBrackets shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

6. Miscellaneous.  These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.  These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by SpeedBrackets but may not be assigned by you without the prior express written consent of SpeedBrackets.  If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.  It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.  Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.  The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and SpeedBrackets agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. The AAA Rules and the laws of Nevada, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

7. Contact Us.  You may contact us regarding the Services or these Terms of Use by email to 614-885-7788, or by mail at:

SpeedBrackets, Inc.

P.O. Box 144

Lee, FL 32059

Privacy Policy

The following privacy policy (the “Privacy Policy”) outlines what information SpeedBrackets, Inc. (“SpeedBrackets”) may collect from users of our website at www.speedbrackets.com.com or any of its subdomains (the “Site”), or our mobile application, or any related websites, applications, online content, or online services offered by SpeedBrackets (collectively, the “Services”), and how we protect, use and disclose that information, and what choices you have about how that information is used and disclosed.  In this Privacy Policy, SpeedBrackets may also be referred to through terms such as “we” or “us, and users of the Services are referred to through terms such as “you” and “your.”

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES.  IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICES. When you use the Services, you understand that SpeedBrackets may collect, use and disclose personal and technical data about you in various ways subject to the terms of the Privacy Policy.

We reserve the right, at our sole discretion, to modify or replace this Privacy Policy at any time in accordance with Section 10 (Changes to This Privacy Policy).

1. Eligibility Requirements  

The Services are not intended for use by any individual under the age of 18 (or the age of legal majority in your jurisdiction).  Users under 18 or the age of legal majority in your jurisdiction are not allowed to use the Services or register for an account to use the Services.

SpeedBrackets does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register for an account on the Services.  If we learn that we have collected Personal Information from anyone under the age of 13, we will delete that information.

2.Information We Collect

Information collected from you will vary depending on how you access or use the Services and what information you choose to provide to us. You may use portions of the Site and some of the other Services without registering for an account or submitting any personally identifiable information (collectively, “Personal Information”).  When we ask you to provide Personal Information, you can choose not to provide us with Personal Information, but that may prevent you from using certain of our Services or obtaining requested information, products or services..

2.1 Information We Collect From You

When you register for an account or otherwise use the Services, we may collect information you provide via forms, surveys, applications or other online fields including:

  • Name
  • User Name
  • Password
  • Email address
  • Date of Birth
  • Address
  • Zip Code
  • Telephone, fax and mobile numbers
  • Email information for friends

If you win a prize in any of our contests with a value of $600 or more, we are required by law to obtain your social security number for tax reporting purposes.  We will delete your social security number after we have sent you the required tax form.

Upon registration with the Services, a user profile is developed to further customize your experience and provide you with content, services or products that may be relevant to you.

Telephone calls with SpeedBrackets may be recorded or monitored.

2.2 Login Through Social Media

In some cases, we may allow you to login to the Service using third party services (including social network sites such as Facebook, Google Plus or Twitter) ("Social Media").  If you login to the Service through Social Media, we access and collect information about your use of the Social Media service and information you provide to such Social Media service. To the extent you and the Social Media service allow, we may access your information that is publicly available to other users of the Social Media service and all information you have provided to the Social Media service, such as login e-mail and other content information, friends lists, network statistics and updates regarding your Social Media account.

2.3 Automated Collection of Information

To help us serve your needs better, we use cookies and other technology to automatically store and sometimes track your non-Personal Information, which may include, among other things, the IP address (Internet Protocol address) of your computer, smartphone or other device, identification number or location, searches you have made through our Services, the URLs and website pages you’ve visited, sections of or content or Services on which you click, the number of times you visit a page of our Site, when emails are opened or links are clicked, how long you spent on a portion of our Site, and information about your computing device, browser or operating system type.

A “cookie” is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. A website can use cookies to recognize repeat users or track web usage behavior. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. There may, however, be some features of the Services which require the use of cookies in order to customize the delivery of information to you.  We cannot control the use of cookies (or the resulting information) by third-parties. The use of third party cookies is not covered by our Privacy Policy. We do not have access or control over these cookies.

We may also use web beacons to access our cookies. A web beacon is an electronic file on a Web page that allows us to count users who have visited that page and to recognize users by accessing our cookies. Further, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. You can avoid web beacons by turning off HTML display and displaying only the text portion of your email.  You can learn more about cookies and non-cookie tracking technologies, including how to opt out of accepting cookies, by visiting the Network Advertising Initiative.

SpeedBrackets does not track users across websites or applications operated by third parties (“Third Party Websites”), and therefore does not use or respond to "do not track" (“DNT”) signals in your web browser.  However, some Third Party Websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain website browsers allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

We may participate in behavioral-based advertising. This means that a third party may place a cookie on your browser, or use a web beacon, to collect information about your use of our Site so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Site, or on other websites. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance.

We may also use services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to assist in providing the Services.  Google Analytics uses cookies to help us analyze how users use the Services. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on Site activity for us and providing other services relating to Site activity and Internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Services. By using the Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

3. How We Use Your Information

3.1 To Provide the Services

We use the information that we collect from you to provide you with the Services, support and enhance your use of the Services, allow you to select applicable products or services, to provide you with information about products and services that may be of interest to you, to monitor which features of the Services are used most and to allow us to determine which features we need to focus on improving.  If you choose to provide us with Personal Information, you consent to the transfer and storage of that information on our servers located in the United States.

When you register online on the Service, you may be given the option of receiving periodic informational and promotional mail, e-mail or text messages from SpeedBrackets. You choose whether or not to receive correspondence when you provide this information or by changing your preferences within your registration profile at any time.

We use non-Personal Information collected from all users of the Services in the aggregate, so that we can improve the Services and for business and administrative purposes.

3.2 Diagnose Problems

SpeedBrackets uses your Internet Protocol (IP) address and other information about your computing devices to help diagnose problems with our computer server, and to administer the Services. Your IP address is also used to gather broad demographic data. It is not stored or linked to your personal profile information, such as name or contact information.

3.3 Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

3.4 Customer Service

We may communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, text message or telephone, in accordance with your wishes.  By providing a telephone number, you consent to us contacting you at that number for the purposes outlined in this Privacy Policy. You may revoke your consent to be contacted at any time by making the change on our user information page or by emailing us at 937-659-4070. We will use reasonable efforts to respond to your access request within 30 days.

4. Our Disclosure of Your Information

4.1 Third Party Service Providers

We may employ third party companies and individuals to facilitate our provision of the Services, to provide the Services on our behalf, provide customer support, perform Service-related services (e.g., maintenance services, database management, web analytics and improvement of the Services’ features) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information, but only to the extent needed to perform these tasks on our behalf, and we will contractually require them to protect and safeguard your Personal Information to at least the same extent that we do under this Privacy Policy.  If you choose to purchase merchandise, products or services, on or through features on the Service, we may forward your information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. There are also times when you provide information about yourself to us in areas of the Service that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third parties, each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.

4.2 Aggregated Data

We may aggregate your Personal Information with information of other users and/or de-identify your Personal Information in a manner that such information can no longer be used to identify you, and may also collect and create aggregated usage and log data collected from users of the Services that does not contain Personal Information (collectively, the “Anonymized Data”).  We may use and share Anonymized Data for any business purposes, including sharing it with our business partners, affiliates and service providers.

4.3 Law Enforcement

SpeedBrackets cooperates with government and law enforcement officials, agencies and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials, agencies or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of SpeedBrackets or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.

4.4 Business Transfers

In the event that all or a substantial portion of the assets, business or stock of SpeedBrackets are acquired by, merged with or transferred to another party, or in the event that SpeedBrackets goes out of business or enters bankruptcy, your Personal Information may be one of the assets that is transferred to or acquired by the third party. You acknowledge that such transfers may occur, and that any acquirer of SpeedBrackets or its assets may continue to use your Personal Information as set forth in this Privacy Policy.  If any acquirer of SpeedBrackets or its assets will use your Personal Information contrary to this Privacy Policy, you will receive prior notice.

5. Accessing and Updating Your Personal Information and Preferences

If your Personal Information changes, or if you no longer desire our Services, or if you wish to update your preferences to receive email or other communications from us, you may correct, delete inaccuracies, or amend your Personal Information and preferences by logging into your account and making the change on our user information page or by contacting us at privacy@speedbrackets.com. We will use reasonable efforts to respond to your request within 30 days.

6. Retention of Personal Information

We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Security

We use reasonable measures to protect your account information against unauthorized access or release. However, we cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet, and any information you transmit to SpeedBrackets you do at your own risk.  We recommend that you use unique numbers, letters and special characters in your password and not disclose your password to anyone. If you do share your password or Personal Information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately notify SpeedBrackets at privacy@speedbrackets.com and change your password.

In addition, we have procedures that limit SpeedBrackets’ employees and contractors’ access to Personal Information. Only those employees and contractors with a business reason to know have access to such information. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, mandatory training programs, and internal policies on data privacy and corporate integrity. We take appropriate disciplinary measures to enforce employee privacy responsibilities.

We do not currently have any Services which require you to provide us with credit card information, but may in the future.  When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).  We will not store your complete credit card information on our servers, but will only use an incomplete identifier (e.g., last four digits of your credit card number) to identify your account.  Any complete credit card information you choose to store in connection with your account will be stored by our third party payment processing service providers.

8. Individual California Residents

California residents may choose to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes or choose to opt out of such disclosure. Our policy is not to disclose personal information collected online to a third party for directing marketing without your approval. To make a request or to opt out at any time, please contact us at privacy@speedbrackets.com or the other contact information provided below. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.

9. Third Party Links

We may provide links to Third Party Websites, such as credit bureaus, service providers or merchants or Social Media. If you follow links to sites or applications not affiliated or controlled by SpeedBrackets, you should review their privacy and security policies and other terms and conditions. SpeedBrackets does not guarantee and is not responsible for the privacy or security of these sites or applications, including the accuracy, completeness, or reliability of their information.

10. Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.  If you have an account with us, we may also notify you of material changes by email or text message (sent to the e-mail address or phone number specified in your account).

11. Users Outside the United States

This Privacy Policy is intended to cover collection of information from residents of the United States. The Service and the services upon which the Service is hosted are located in the United States. Personal Information you submit using the Service will be transferred to and stored in the United States. By visiting the Service and submitting Personal Information, you authorize this transfer.

12. Contact us

If you have questions or concerns regarding this Privacy Policy, you may contact us at:

SpeedBrackets, Inc.

Attention: Privacy Officer

SpeedBrackets, Inc.

P.O. Box 144

Lee, FL 32059

privacy@speedbrackets.com

hi Dad!
SB is dedicated to you,
in your memory,
and for all you taught me.
MU, LU tons! xo
For you, my son.
TY for all you are,
and the joy and
love you bring.
So proud of you.
Fight the fight.
Stay strong.
Gotcherback –
always.
xo
For the one I love
with all my heart.
TY for teaching me
so much, and bringing
wonderful joy into my life.
Yours, forever. xo