Welcome to the Alma Mater Sports, LLC’s Website, namely ALMAMATERSPORTS.COM [hereinafter referred to as the “Website”]. Thank you for visiting our Website and reviewing our Terms of Use. Alma Mater Sports, LLC, has made this Website and its contents [hereinafter referred to as the “Materials”] available for your use subject to the Terms of Use set forth herein. Alma Mater Sports, LLC and any and all entities that control, are controlled by, or are affiliated or under common control with, Alma Mater Sports, LLC are collectively referred to herein as “us,” we” or “our”.

I. ACCEPTANCE OF TERMS OF USE.

BY BROWSING, ACCESSING, DOWNLOADING OR USING IN ANY WAY, WITHOUT LIMITATION, ANY MATERIAL SET FORTH ON THIS WEBSITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY.

In the event you breach any of the Terms of Use, authorization for you to use this Website shall automatically terminate and upon such termination you are required to immediately destroy any and all Materials you downloaded or printed from this Website.

Your right to use this Website is not transferable. You may be required to enter into an additional more specific Agreement prior to participating in certain activities provided on this Website.

II. INTELLECTUAL PROPERTY

A. GENERAL COPYRIGHT INFORMATION

All Materials, including, but not limited to, images, text and sounds and the compilation of all content included on this Website are protected by the United States and international Copyright Laws and are owned or licensed by Alma Mater Sports, LLC.

The Materials on this Website are to be used for personal and non-commercial use only. A revocable license has been granted to you to view and use the Website Materials subject to these Terms of Use. You may not modify or sell Website Materials. You may not reproduce, display publicly or otherwise use the Website Materials in any way for any public or commercial purpose. The electronic reproduction or reprinting of any graphic or text, in whole or in part, from the Website, for any other purpose other than personal use, is strictly prohibited without the prior written consent of Alma Mater Sports, LLC, unless permitted by applicable copyright law. Users shall be solely responsible for any damages arising out of such unauthorized use.

B. TRADEMARKS

Alma Mater Sports, LLC claims rights to its trademarks and service marks for its goods and services, including, without limitation the following: ALMA MATER SPORTS™, AMFL™, AMFL RANKINGS™, ALMA MATER FOOTBALL LEAGUE™, AMFL.US™, AMLAMATERSPORTS.COM™, FANTASY FOOTBALL FOR THE LOYAL COLLEGE SPORTS FAN™, FANTASY GAMES FOR THE LOYAL COLLEGE SPORTS FAN™. These marks, the look and feel of the Website, Alma Mater Sports, LLC graphics and logos are Alma Mater Sports, LLC trademarks and service marks and may not be used without the prior express written consent of Alma Mater Sports, LLC. All other trademarks, product names, company names and logos set forth on the Website are the property of their respective owners.

C. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE AND PROCEDURE

The Digital Millennium Copyright Act (DMCA) provides copyright owners with recourse in the event that copyright owners believe that their rights under the United States Copyright Act have been infringed by acts of third parties via the Internet. If you believe that your copyrighted work has been used without your authorization and that such work is available or used on the Website that may amount to copyright infringement in violation of the DMCA, you may provide notice to Alma Mater Sports, LLC’s DMCA contact person as listed below in this section. Your notice must include the following in order for the notice to be effective: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of copyrighted work or list of works at the Website claimed to have been infringed (Note: a single notification covers multiple copyrighted works at one online site); (iii) Identification of the material that is claimed to be infringing or claimed to be the subject of the infringing activity and for which removal is warranted or disablement of access is warranted; (iv) Contact information for the complaining party, sufficient to allow Alma Mater Sports, LLC or its attorney or agent to contact the complaining party, for example, the address, telephone number and e-mail address at which the complaining party may be contacted; (v) A statement made by the complaining party that the complaining party or his/her/its agent has a “good faith” belief that the copyright owner, his/her/its agent or the law has not authorized the use of the material in the manner complained of; (vi) A statement that the information contained in the notification is accurate under the penalties of perjury, and that the complaining party is the owner of the exclusive right that is allegedly infringed or that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Alma Mater Sports, LLC’s contact information for purposes of DMCA notices is as follows:

Alma Mater Sports, LLC

411A Highland Avenue, Suite 373

Somerville, MA 02144

ATTN: DMCA NOTICE

Only inquiries pertaining to claims of copyright infringement occurring on THIS WEBSITE, will be responded to.

D. IDEA INFORMATION

The User agrees that all ideas, suggestions, comments, feedback [hereinafter referred to as “Ideas”] submitted, disclosed or offered to Alma Mater Sports, LLC in connection with the User’s use of the Website shall automatically be the exclusive property of Alma Mater Sports, LLC. The User further agrees that Alma Mater Sports, LLC may disclose, use, sell or exploit the Ideas without limitation or restriction and in any manner without compensation to User, unless otherwise prohibited by law.

E. HYPERLINK; LINKING; PROHIBITED USES OF CONTENT

Websites that have links to this Website without express authorization or permission from Alma Mater Sports, LLC, do not have any affiliation with Alma Mater Sports, LLC. We welcome links to this site. You may establish a link to this site, provided that such a link does not imply or state that Alma Mater Sports, LLC endorses or sponsors your site or the owner(s) or affiliates of your site. Use on your site of any trademark, service mark, logos, characters or copyrighted materials appearing on this Website, is strictly prohibited unless you have express written authorization for such use from Alma Mater Sports, LLC or the respective owner of such intellectual property. You may not incorporate in any manner or frame content or materials appearing on this site without express written consent from Alma Mater Sports, LLC or the respective owner of such intellectual property.

III. PRIVACY

Please see Alma Mater Sports, LLC’s Privacy Policy related to the collection and use of User’s information. User acknowledges and agrees that Alma Mater Sports, LLC’s Privacy Policy is incorporated in and made a part of these Terms of Use. User should not use this site or submit any information on or to this Website, if the User does not agree with the Privacy Policy.

Click here for Alma Mater Sports, LLC’s Privacy Policy.

IV. DISCLAIMERS AND LIMITATIONS OF LIABILITY

User agrees that use of this Website and use of Alma Mater Sports, LLC’s goods and/or services is at User’s sole risk. Neither Alma Mater Sports, LLC, nor its affiliates, nor any of their managers, members, officers, directors, attorneys, agents, employees, third-party content providers, vendors, sponsors, licensors (collectively “Contributors”), or the like, warrant that this Website will be uninterrupted, error free, free from viruses, Trojan Horses, worms, harmful or malicious code, keyboard loggers, or other defects. The products, services and information set forth on this Website may also contain inaccuracies or typographical errors. The Contributors make no warranty as to the results that may be obtained from use of this Website or to the currency, accuracy or reliability of any information, service, content or products set forth or offered on this Website.

Links to other Websites set forth on this Website neither implies any endorsement of the linked Website by Alma Mater Sports, LLC nor does it imply any affiliation between Alma Mater Sports, LLC and the linked Website or owner(s) of the linked Website. The User agrees that Alma Mater Sports, LLC shall have no responsibility to the User regarding any Website link set forth on this Website.

ALMA MATER SPORTS, LLC PROVIDES USE OF THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALMA MATER SPORTS, LLC AND THE CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE AVAILABILITY OF ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE, OR THE CONTENT, MATERIAL, PRODUCTS OR INFORMATION SET FORTH ON THIS WEBSITE. ALMA MATER SPORTS, LLC AND THE CONTRIBUTORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED WITH REGARD TO THE CONTENT, MATERIALS, PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON THIS WEBSITE, TO THE FURTHEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. BY HIS/HER/ITS USE OF THIS WEBSITE, THE USER EXPRESSLY AGREES THAT THE USER’S USE OF THIS WEBSITE IS AT HIS/HER/ITS SOLE RISK.

ALMA MATER SPORTS, LLC AND THE CONTRIBUTORS ARE NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE.

NO VERBAL OR WRITTEN ADVICE OR ANY OTHER WRITTEN INFORMATION PROVIDED BY ALMA MATER SPORTS, LLC OR ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRIBUTORS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND AND THE USER SHALL NOT RELY ON ANY SUCH ADVICE OR INFORMATION. NOTWITHSTANDING ANY RELIANCE BY USER ON SUCH ADVICE OR INFORMATION OBTAINED FROM THIS WEBSITE OR THAT ARISES OUT OF A MISTAKE, OMISSION, INTERRUPTION, ERROR, VIRUS, DELETION OF FILES OR E-MAIL, DEFECTS, DELAYS IN TRANSMISSION OR OPERATION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALMA MATER SPORTS, LLC RECORDS, PROGRAMS OR SERVICES OR ACTS OF NATURE, AND WHETHER OR NOT ALMA MATER SPORTS, LLC AND/OR ANY OTHER CONTRIBUTOR HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, THE LIMITATION OF THIS PARAGRAPH SHALL APPLY. THE USER HEREBY ACKNOWLEGES AND AGREES THAT THIS PARAGRAPH SHALL APPLY TO ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THIS WEBSITE, WWW.ALMAMATERSPORTS.COM AND ANY OTHER WEBSITES AFFILIATED WITH ALMA MATER SPORTS, LLC. IN STATES THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

BY YOUR USE OF THIS SITE YOU AGREE TO INDEMNIFY ALMA MATER SPORTS, LLC, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS DISTRIBUTORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILTIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS THAT ARISE FROM YOUR USE OR MISUSE OF THIS WEBSITE.

IN THE EVENT THE USER IS DISSATISFIED WITH ANY CONTENT ON THIS WEBSITE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS DISCONTINUING USE OF THIS WEBSITE.

V. USE FOR ACCEPTABLE AND LAWFUL PURPOSES

The User agrees to use the Website for lawful purposes only. Use of this Website is offered solely as a form of entertainment. Use of this Website for any form of gambling or the promotion of gambling is strictly prohibited. Additional unacceptable uses of the Website include, but are not limited to, without limitation the following: (a) disseminating or transmitting viruses, worms, Trojan Horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; (b) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer or computer network; (c) engaging in any illegal activity or the planning of any illegal activity; (d) creating, disseminating or transmitting files, software, graphics, text, or other material that potentially or actually infringes rights of any person including the following rights: copyright, trademark, patent, trade secret, publicity or other intellectual property rights; (e) creating a false identity, misrepresenting oneself or otherwise attempting to mislead any person as to the identity or origin of any communication related to the Website; (f) disseminating or transmitting statements or material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; or (g) engaging in any other activity that Alma Mater Sports, LLC determines to be in conflict with the intent and spirit of this Website.

Alma Mater Sports, LLC reserves the right to reduce privileges of or undo the actions made by any member or fantasy team account, in the event that we, at our sole discretion, determine that there is a violation of fair play, an attempt to circumvent online application procedures, or if such member or team negatively impacts the intended experience for any other user and/or participant.

VI. PAYMENTS

All sales are final sales and all payments are non-refundable. At Alma Mater Sports, LLC’s sole discretion, refunds may be made under certain circumstances, however, no refunds will be made within (60) days after the corresponding original payment transaction.

VII. TERMINATION

These Terms of Use shall be effective until terminated by either Alma Mater Sports, LLC or the User. The User may terminate these Terms of Use via discontinuing use of this Website and destroying all Materials in the User’s possession that the User obtained from this Website and all copies thereof, whether made in accordance with these Terms of Use or otherwise. If, at Alma Mater Sports, LLC’s sole discretion, the User fails to comply with any term or provision of these Terms or Use, the User’s use and access to this Website may be terminated immediately without notice from Alma Mater Sports, LLC. Upon termination, the User must cease use and access of this Website and destroy all Materials obtained from this Website and all copies thereof, whether made in accordance with these Terms of Use or Otherwise.

VIII. SEVERABILITY

The User agrees that construction of these Terms of Use shall be in favor of their reasonable nature, legality and enforceability, and that any construction causing unenforceability shall yield to a construction permitting enforceability. The User further agrees that the covenants and provisions set forth in these Terms of Use are severable, and that if any single covenant or provision or multiple covenants or provisions should be found unenforceable or invalid, the remaining covenants and provisions of these Terms of Use shall not fail but shall be construed as enforceable without any severed covenant or provision in accordance with the tenor of these Terms of Use. The User agrees that the scope of the covenants and provisions contained herein are reasonable and necessary for the protection of Alma Mater Sports, LLC and not unduly restrictive upon the User.

IX. WAIVER

Alma Mater Sports, LLC’s failure to enforce or require strict performance by User of any covenant or provision or multiple covenants or provisions of these Terms of Use shall not be construed as a waiver or relinquishment of Alma Mater Sports, LLC’s right to assert or rely upon any such covenant, provision or right in that or any other instance.

X. INTERNATIONAL USE AND USERS

Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. The User agrees that if the User is accessing this Website from a location outside of the United States, the User is solely responsible for obtaining knowledge of and complying with all applicable local and international laws.

XI. MONITORING; SECURITY

Alma Mater Sports, LLC may monitor network traffic to this Website to identify and/or prevent unauthorized attempts or intrusions to change or upload information or cause damage to this Website in any fashion and the User expressly consents to such monitoring.

XII. GOVERNING LAW

Regardless of the location and jurisdiction of the host of this Website, this Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, USA, excluding those laws that direct the application of the laws of another jurisdiction. Alma Mater Sports, LLC makes no representation that material or activities contained on this Website are appropriate or available for use in any other location. The User agrees that if the User is accessing this Website from a location outside of the United States, the User is solely responsible for obtaining knowledge of and complying with all applicable local and international laws. The User hereby consents to the exclusive jurisdiction of any State or Federal court located in the State of Delaware, USA and you agree and submit to the exercise of personal jurisdiction of such courts, for the purpose of litigating any claim related to the use or misuse of this Website. The User shall not knowingly take or fail to take any action that might cause he/she/it or Alma Mater Sports, LLC to be in violation of any law or regulation of the United States or any other nation or international law.

XIII. PARAGRAPH HEADINGS

The paragraph headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.

Alma Mater Sports, LLC reserves the right to change the Terms of Use with notice and such notice shall be posted on the homepage of the Website for seven (7) consecutive days. Your continued use of the Website constitutes your acceptance of any modifications, amendments to and the most recent version of the Terms of Use.

LAST UPDATED: August 1, 2008