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THREELOCKS.COM, INC TERMS OF USE (EFFECTIVE AS OF SEPTEMBER 15, 2006)
 
PLEASE READ CAREFULLY
 
Should you have any questions concerning this Agreement or need technical support, you may contact Threelocks support by emailing support@threelocks.com.
 
This Threelocks.com, Inc. Terms of Use Agreement (this "Agreement") is a legal agreement between you and Threelocks.com, Inc. ("Threelocks", "we", "us" or "our") providing, among other things, the terms and conditions for your use of Threelocks's sports prediction services (collectively, the "Threelocks Services"), including but not limited to delivery via our Web site [http://www.Threelocks.com] (the "Site"), email, or otherwise.
 
We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.threelocks.com/termsandconitions.php. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Threelocks Services (as defined below) or, if applicable, cancel your Threelocks Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Threelocks Services after any amendments are posted on the Site.
 
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE THREELOCKS SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE THREELOCKS SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE THREELOCKS SERVICES. YOU MAY BE DENIED ACCESS TO THE THREELOCKS SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
 
1. AUTHORIZED USERS
 
1.1 U.S. Residents; Age Requirement; Authority. In order to use any of the Threelocks Services, you must be a resident of the United States of America and at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Threelocks Services.
 
1.2 Registration. To use any aspect of the Threelocks Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Threelocks will use your Account Information in accordance with its privacy policy [www.threelocks.com/privacypolicy.php]. By providing Threelocks your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about Threelocks and special offers. You may opt out of such email and/or mobile text messages by changing your account settings or sending an email to support@threelocks.com.
 
Opting out may prevent you from receiving messages regarding Threelocks or special offers.
 
1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Threelocks will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Threelocks, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
 
1.4 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Threelocks uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
 
2. LICENSE TO THREELOCKS SERVICES
 
2.1 License Grante. Threelocks grants to you a limited, non-exclusive, non-transferable license to access and use the Threelocks Services in the United States for personal non-commercial purposes only. If you subscribe to any of the Threelocks Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the Threelocks Services. Threelocks reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE THREELOCKS SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
 
2.2 Updates. Threelocks may from time to time make available to all users of the Threelocks Services, updates at no cost or subject to additional fees in Threelocks's sole discretion. "Updates" means any updates, upgrades or error corrections to the Threelocks Services that Threelocks makes available generally to users of the Threelocks Services.
 
3. RESTRICTIONS
 
You agree that you will not:
 
3.1 make the Threelocks Services available over a network where it could be used by others;
 
3.2 provide your password to any other person;
 
3.3 circumvent any technology used by Threelocks to protect content accessible via the Threelocks Services;
 
3.4 share or publish Threelocks Services and related information in any way without prior approval;
 
3.5 rent, lease or sublicense any of the Threelocks Services; or
 
3.6 use the Threelocks Services in any way that violates the terms of this Agreement.
 
4. COPYRIGHTS
 
As between you and Threelocks, you acknowledge that Threelocks owns or has a license to all title and copyrights in and to the Threelocks Services. All title and intellectual property rights in and to the licensed content in the Threelocks Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
 
5. THREELOCKS TRADEMARKS AND THIRD-PARTY TRADEMARKS
 
The following are registered trademarks or trademarks of Threelocks: Threelocks, and its design logo, as well as certain other Threelocks trademarks, service marks, graphics, and logos (collectively, the "Threelocks Trademarks") used in connection with the Threelocks Services. The Threelocks Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Threelocks Trademarks or the trademarks of any third party.
 
6. PRIVACY POLICY
 
Threelocks cares about your privacy. It is important that you read and understand the terms of Threelocks's Privacy Policy. Threelocks may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Threelocks Services.
 
7. TERM
 
This Agreement will remain effective until terminated by you or terminated by us.
 
8. DISCLAIMERS
 
8.1 THE THREELOCKS SERVICES ARE PROVIDED TO YOU "AS IS." ANY USE OF THE THREELOCKS SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THREELOCKS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THREELOCKS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE THREELOCKS SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THREELOCKS DISCLAIMS ANY LIABILITY RELATING THERETO.
 
10.2 THREELOCKS MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE THREELOCKS SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, THREELOCKS MAY MODIFY, SUSPEND, OR DISCONTINUE THE THREELOCKS SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER THREELOCKS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE THREELOCKS SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
 
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. THREELOCKS DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
 
10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE OR OTHER OBJECTIONABLE CONTENT WHEN USING THE THREELOCKS SERVICES. THREELOCKS WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
 
10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE THREELOCKS SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT THREELOCKS ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
 
11. LIMITATION OF LIABILITY
 
11.1 IN NO EVENT WILL THREELOCKS BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF THREELOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THREELOCKS OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
 
11.2 THREELOCKS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS (US $100.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE THREELOCKS SERVICES AT ISSUE.
 
12. INDEMNITY
 
YOU WILL INDEMNIFY AND HOLD THREELOCKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE THREELOCKS SERVICES.
 
13. GENERAL INFORMATION
 
13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Threelocks Services.
 
13.2 Threelocks or its business partners may present advertisements or promotional materials via the Threelocks Services. Your dealings with, or participation in promotions of any third-party advertisers via the Threelocks Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Threelocks is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Threelocks Services.
 
13.3 The Threelocks Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
 
13.4 The Threelocks Services are owned or licensed by Threelocks and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
 
13.5 Should you have any questions concerning this Agreement or need technical support, you may contact Threelocks support by emailing support@threelocks.com
 
13.6 Threelocks may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Threelocks in its sole discretion. Threelocks reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
&nbs
 

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