THE FOLLOWING IS A LEGALLY BINDING CONTRACT BETWEEN ME AND SPORTS INFORMATION
AND IT GOVERNS MY USE OF THE CUTS AND KEEPS WEB SITE, ITS CONTENT, SERVICES AND MY
ACCOUNT WITH CUTS AND KEEPS.
BY OPENING A CUTS AND KEEPS ACCOUNT AND BY ACCEPTING THE TERMS AND CONDITIONS
FOR A CUTS AND KEEPS ACCOUNT AND CONTINUING TO USE THE CUTS AND KEEPS
WEB SITE, I AM ACCEPTING AND AGREEING TO ABIDE BY ALL OF THESE TERMS AND
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OR FIND ANY OF THEM
TO BE UNACCEPTABLE, DO NOT ACCEPT THE ACCOUNT AGREEMENT AND SIMPLY LEAVE THE WEB
In this Agreement, "I", "me", "my" and "we", "us", "our" refer to the
individuals, businesses or corporations who are the account owners, have an
interest in the account(s), and consent to be bound by the terms of this
Agreement. "Cuts and Keeps" refers to Sports Information and Research, its employees,
representatives, agents and successors.
My Relationship with Cuts and Keeps
The terms and conditions of this Agreement apply to Cuts and Keeps and me.
In consideration of Cuts and Keeps opening one (1) or more accounts on my
behalf, I understand and agree to the following:
- I agree that neither Cuts and Keeps nor the Information Providers shall have
any liability, contingent or otherwise, for the truth, accuracy, completeness,
timeliness, interruptions, omissions or correct sequencing of the Information
or Content on the Web site, or for any decision made or action taken by me in
reliance upon or interpretation of the Content, Information, or the Web sites.
In no event shall Cuts and Keeps, or the Information Providers be liable for any
direct, indirect, punitive, incidental, special or consequential damages
arising out of or in any way connected with (1) the use of the Web site,
Content, or the Information; (2) the delay, interruption or inability to use
any aspect of the Web site, Content or the Information; (3) any Information
or Content obtained through this Web site; or (4) otherwise arising out of the
use of the Web site, Content, or Information, whether based on contract, tort,
strict liability or otherwise, even if Cuts and Keeps or Information Providers
have been advised of the possibility of damages. Some states do not permit
exclusions of certain implied warranties or the exclusion of incidental or
consequential damages; so these disclaimers and limitations may not apply to
- I release and agree to indemnify and hold harmless Cuts and Keeps and
Information Providers for any loss, cost, judgment, penalty, claim, action,
damage, expense or attorneys' fees which may arise from my use of the Web
site, Content, and/or the Information.
- The Web site provided to me, I agree not to modify, publish, transmit, license, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, redistribute, perform,
display or in any way exploit or use the Web sites, its content or any feature
- Cuts and Keeps reserves the right at any time, in its discretion and without
prior notice to me, to change, revise, modify, add, upgrade, remove or
discontinue Web site or Content or Information. Cuts and Keeps may also impose
limitations or restrictions upon and may revoke my access to and my use of Web
site, Content or Information, in whole or in part, without prior notice.
- No account owner shall distribute his password and is solely responsible
for any incidental or consequential damages from said use. The usage of an
account by more than one person without permission from Cuts and Keeps, shall
result in the suspension or revocation of my access to and my use of said Web
site, in whole or in part, without prior notice.
- The Service and the Materials may contain typographical errors or
inaccuracies. Cuts and Keeps and any underlying Service Provider reserve the
right, in its sole discretion, without any obligation and without any notice
requirement, to: (1) improve and correct the Service and the Materials and (2)
suspend and/or deny access to the Service and any of the Materials for
scheduled or unscheduled maintenance, upgrades, improvements or corrections.
- I will not use the Web site, it's Content, or Information for any
purpose that is unlawful, violates the rights of any third party, or which is
otherwise prohibited by these Terms and Conditions. I will not transmit
through the Web site any material which violates or infringes in any way upon
the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or
otherwise objectionable and which encourages conduct that would constitute a
criminal offense or give rise to civil or criminal liability.
- Neither Cuts and Keeps nor Information Providers shall be liable for any loss
resulting from my use of the Web site, including, but not limited to, failure
of electronic or mechanical equipment or communication lines, telephone or other
interconnect problems, unauthorized access, the malfunction of my electronic or
mechanical equipment, personal computer and any lines thereto, theft, operator
errors, or due to any "force majeure" (e.g., severe weather, earthquakes, flood,
fire or other acts of God), strikes or other labor problems, or to any other
cause beyond the reasonable control of Ameritrade or any third party.
- I release and agree to indemnify and hold harmless Cuts and Keeps from any and
all liability, claims for damages, and losses of any kind resulting from any
action taken by me pursuant to this Agreement.