These Terms of Use comprise a legal agreement (“Agreement”) between ZONEPICKS.COM (“ZONEPICKS.COM”) and You and govern Your use of ZONEPICKS.COM site information and content, sponsor and player websites, advertisements, gaming systems and processes, content, surveys, forums, sponsor and player game participation and administration, testimonials, access, e-books, e-newsletters, email updates, site data feeds, blogs, articles, white papers, processes, procedures, graphics, videos, documents, website layout and design, statistical counters, resources, links, referral to a service or professional person or group, submissions, product information, player roster upgrades, graphic design upgrades, or subscriptions (the “Services”) and access to ZonePicks.com’s proprietary electronic and online method for a personalized, social networking, business networking and business promotion, no stakes, gaming system to predict, measure and electronically socialize and network around various sports games and other circumstantial events of chance (the “Software”) via http://www.ZONEPICKS.com or other designated ZONEPICKS.COM web site(s) or IP address(es) (the “Site”). The Services, Software, Site and any other ZONEPICKS.COM brand, products, systems, processes or services are hereafter collectively referred to as the (the “System”). “You,” “Your,” “Sponsor,” “Player,” or “User(s)” means any individual or legal entity, its parent organizations, subsidiaries, directors, officers, affiliates, agents, and employees: (i) using, referencing or accessing the System, and/or (ii) identified in the registration and identification data provided to ZONEPICKS.COM via the System, including, without limitation, employees, representatives, consultants, contractors, agents, or third parties who are authorized to access or use the System by You (or by ZONEPICKS.COM at Your request). “Related Parties” shall include, without limitation, parent organizations, subsidiaries, affiliates, directors, officers, agents, colleagues, students, employees, attorneys, representatives, and licensors. The “Site” shall include, without limitation, all web pages, content, graphics, images, design, reports, counters, profiles, organization, compilation, magnetic translation, digital conversion, digital feeds and other matters related thereto.

BY CLICKING ANY "I ACCEPT, GO, SUBMIT, SUBSCRIBE, DOWNLOAD, CLICK HERE, NEXT, LOGIN, SIGN UP, START, SAVE, PLAY, VIEW, I AGREE, or BRING THE PAIN™" (“Acceptance”) BUTTON OR ACCESSING, REFERENCING OR USING ANY PART OF THE SYSTEM, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED FROM TIME TO TIME BY ZONEPICKS.COM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE AND ACCESS OF THE SYSTEM. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, REFERENCE OR USE ANY PART OF THE SYSTEM UNDER ANY CIRCUMSTANCE.

1. Entire Agreement; Amendment. Your access, reference or use of the System is governed by this Agreement. This Agreement constitutes the entire agreement between You and ZONEPICKS.COM and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the System and the subject matter of this Agreement. You should print a copy of this Agreement for Your records. ZONEPICKS.COM may amend this Agreement at any time without specific notice to You. Any changes to this Agreement shall be effective immediately following the posting of such changes on the System. You agree to review this Agreement from time to time and agree that any subsequent access or use by You of the System following changes to this Agreement shall constitute Your acceptance of all such changes.
2. Betting, Wagering The ZONEPICKS.COM System is to be used by You to enjoy a fun, electronically personalized, No Stakes, entertaining method to predict, measure and generally socialize and network around various sports games and circumstantial events of chance.
   1. You agree that Under Absolutely No Circumstance, Nor in Any Manner, will you use the ZONEPICKS.COM System to bet or wager money or valuables. It is illegal to wager or place bets on the Internet. If You commit betting or wagering, and that activity is reported and confirmed via recognized legal or lawful authority, or authorized ZONEPICKS.COM representative; Your access to the System will be immediately terminated.
   2. You agree to NEVER, under any circumstance, pay a fee, consideration, or buy-in, to ZONEPICKS.COM, or anyone else, to join, or use the System.
   3. You agree to PLACE NOTHING AT STAKE, to risk NO money or valuables, under ANY circumstance, on the outcome of ANY game or event on the System.
   4. You agree that YOU HAVE NOTHING AT STAKE, monetary or otherwise, by participating within the System.
   5. You acknowledge that ZONEPICKS.COM does not socially participate, nor has anything at stake, in the prediction or outcome of any game or event on the System.
3. Subscribe, Service, Upgrade or Referral Request The System allows you to input personal and non-personal data by means of enrollment, profile, survey, forum, subscribe, upgrade or submit forms in order to generate basic delivery, contact information, or service request intended to fulfill your System, service, or referral request (“Request”). You agree to have the Request containing the information or data you have provided forwarded to third-party professionals referred by ZONEPICKS.COM (“Third Party Professionals”). The terms of any agreement between You and a Third Party Professional are not endorsed, or recommended to or by ZONEPICKS.COM. By completing any Acceptance or request submission, You expressly consent to being contacted by us or our Related Parties via phone, fax, email, postal mail, instant message, forum, live chat, text, video, sponsored website or other reasonable means at any of Your contact numbers, sources or addresses, in order that we may provide the Services set forth on our Site, regardless of whether or not Your name is on any Do Not Call or Do Not Contact list. Agreeing, or Acceptance to the submission of Your Request to a Third Party Professional will also serve as your express consent to being contacted by ZONEPICKS.COM and such Third Party Professionals from whom you have requested services (such as a professional representing the industry, service, product or program of your information request) via phone, fax, postal mail, email, instant message, forum, live chat, text, sponsored website, video or other reasonable means. For complete details on our use of Your information, please see our Privacy Policy. You agree that all information provided in Your enrollment, personal profile, Request, or submitted site content, whether on-line or otherwise, is accurate and complete and that You have the authority to give the information. ZONEPICKS.COM reserves the right to terminate or suspend access to the System by You should it believe that any information provided by You is inaccurate or misleading. ZONEPICKS.COM reserves the right to terminate or suspend access to the System by You should it believe that You are involved directly, or indirectly in hostile or harassing behaviors or activities that are beyond the scope of reasonable and social competition, rivalry or banter. ZONEPICKS.COM reserves the right to modify or discontinue the Services and/or access to the System or the offering of any promotional program without notice to You.
4. You agree that access and use of any part of the System is AT YOUR SOLE RISK. ZONEPICKS.COM MAKES NO REPRESENTATION, WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, RELATING TO ANY THIRD PARTY PROFESSIONAL OR OTHER THIRD PARTY, OR ANY GOODS OR SERVICES THEREOF. ZONEPICKS.COM AND ITS RELATED PARTIES DISCLAIM ANY AND ALL LIABILITY RELATED TO THIRD PARTY PROFESSIONALS OR OTHER THIRD PARTIES’ PRODUCTS OR SERVICES. ZONEPICKS.COM MAKES NO WARRANTY AS TO THE QUALITY OR QUALIFICATIONS OF ANY THIRD PARTY PROFESSIONAL REFERRED TO YOU. UNDER NO CIRCUMSTANCES SHALL ZONEPICKS.COM OR IT RELATED PARTIES BE LIABLE FOR ANY DAMAGES ARISING FROM ANY ACTIVITY OR TRANSACTION BETWEEN YOU, ANY THIRD PARTY PROFESSIONAL OR OTHER THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON ANY THIRD PARTY SITES OR ANY OTHER WEBSITE LINKED TO THIS SITE.
5. No Agency. ZONEPICKS.COM is not an agent for any Third Party Professionals or other third parties or other users of the System, and in no way is ZONEPICKS.COM responsible for the delivery or quality of any goods or services or any disputes related thereto. Third Party Professionals, other users, ZONEPICKS.COM and any other third parties accessing the System and their respective personnel are, and shall be, independent contractors, and no such party by virtue of this Agreement shall have any right, power or authority to act or create any representations, commitments, or obligation, express or implied, on behalf of the other party. For its services to Third Party Professionals, ZONEPICKS.COM may receive various forms of payment consideration by such Third Party Professional for access to, or receipt of, Request(s). Any such payment due ZONEPICKS.COM from a Third Party Professional may be subject to an agreement between such Third Party Professional and ZONEPICKS.COM. Your use of the System constitutes Your acknowledgement of, and agreement to, this compensation arrangement, and that ZONEPICKS.COM is an affiliate, ad supporter, or service referrer with or to Third Party Professionals.
6. Promotional Offerings. ZONEPICKS.COM may, from time to time, offer You promotional opportunities. These opportunities may include, but are not limited to give-a-ways, discounts for other products or services, or other incentives that are only available to consumers accessing the System. Your eligibility to participate in such incentives will be outlined in the terms for any such promotion. Not all users of the System may be eligible for a particular prize(s) or to participate in a particular promotional offering.
7. Proprietary Rights. THIRD PARTY NAMES, OR PRODUCT AND COMPANY NAMES ON THE SYSTEM, AND ANY THIRD PARTY TRADEMARKS AND COPYRIGHTS DISPLAYED THROUGH THE SYSTEM, ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS e.g. NFL®, NBA®, NCAA®, MARCH MADNESS®, FINAL FOUR®, EVERY LEGAL ENTITY TEAM NAME, Etc.. ZONEPICKS.COM (and its licensors, if applicable) own and shall own all right, title and interest in and to the System, including without limitation, all copyrights, trademarks, patents, brand and branding, service marks, trade dress, logos, images, technical information, trade secrets, know-how and confidential or proprietary information, and other intellectual property rights throughout the world, whether currently existing or hereafter developed or acquired, and all Requests, disclosures and registrations with respect thereto. The System is protected under applicable copyrights, trademarks, and other intellectual property and proprietary rights and the commercialization, redistribution, copying, modification, use, reference, or publication by You of any part of the System, except as expressly allowed by this Agreement, is strictly prohibited. ZONEPICKS.COM, ZonePicks™, Peace and Victory™, Peace & Victory™, Peace + Victory™, Bring the Pain™, the ZONEPICKS.COM name, ZONEPICKS.COM logo and other product, service marks, iconic sounds, and all top level domains associated with the System are trademarks and service marks of ZONEPICKS.COM, and no right or license is granted to use them. You do not acquire ownership right to any content, statistic(s), document, images, icons, brand or branding, graphic or website layout design or other materials viewed or used through the System. The posting of information, content or materials on the System does not constitute a waiver of any right in and to the System, its underlying technology, content, information or materials. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to any patent, trademark or copyright or other intellectual property or proprietary rights.
8. Limited Right to Use. ZONEPICKS.COM grants You a limited, non-exclusive, non-transferable right to access and use the System solely for the purpose of Your Request(s). The use, viewing, printing, or downloading of any part of the System, its contents, information, graphics, forms, or documents is restricted solely to the extent necessary to communicate or interact with ZONEPICKS.COM, its Related Parties and Third Party Professionals and not for republication, distribution, assignment, sublicense, sale, or preparation of derivative works or for any other purpose. No information, graphic, content, form, material or document derived from, transmitted through, or otherwise related to the System may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your use as an authorized user.
9. Prohibited Uses of System. You shall not (i) license, sublicense, sell, resell, request or charge a fee or consideration to use, transfer, assign, copy, distribute or otherwise make available to any third party any part of the System or any benefits obtained from the System, (ii) modify or make derivative works based upon the System; (iii) commercially exploit the System in any way, (iv) create Internet "links" to the System or "frame" or "mirror" any content contained in, or accessible from, the System on any other server, wireless or Internet-based device, (v) export, re-export or permit downloading of any portion of the System or any content in violation of any export or import law, regulation or restriction of the United States, its agencies or authorities; (vi) allow unauthorized parties to access or use the System, or (vii) reverse-engineer, decompile or disassemble any aspect of the System or attempt to discover any trade secrets or confidential or proprietary information contained in the System. All rights not expressly granted to You are reserved by ZONEPICKS.COM and its licensors. ZONEPICKS.COM reserves the right to revoke the aforementioned rights and license at any time without notice.
10. Password and Security. In some cases Your access to and use of the System requires You to register and provide ZONEPICKS.COM with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You shall be solely responsible and liable for all transactions and activities in connection with Your account, whether or not such transactions and/or activities were authorized by You. You agree not to provide Your account information to third parties and shall bear all responsibility for the confidentiality of Your password. You shall be responsible for the security, confidentiality and integrity of all messages and the content that You receive, transmit through or store via the System. You agree to notify ZONEPICKS.COM immediately of any known or suspected unauthorized access to or use of Your account, Your password, or any other breach of security or misuse known to or suspected by You. You may change Your password at any time by following instructions on the Site. You hereby authorize ZONEPICKS.COM to rely on any data, notice, instruction or request furnished by You to ZONEPICKS.COM, or that ZONEPICKS.COM reasonably believes to have been furnished by You.
11. Nontransferable. Access to and use of the System is for authorized Users only. You acknowledge and agree that You shall not permit anyone to access or use any portion of the System without the prior written consent of ZONEPICKS.COM and only if such person has consented and agreed to the terms and conditions of this Agreement and the License Agreement, if any. Your right to use the System is not transferable. Any password or right given to You to access or use the System or obtain information or documents is not transferable. Unauthorized individuals attempting to access the System may be subject to prosecution.
12. Disclaimer of ZONEPICKS.COM Warranties. YOU AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SYSTEM, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF THE STORAGE AND TRANSMISSION OF DIGITAL INFORMATION, YOU ACKNOWLEDGE THAT THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. THE SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, EQUIPMENT MALFUNCTIONS, OR PERIODIC MAINTENANCE AND REPAIRS. ZONEPICKS.COM AND ITS RELATED PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE SYSTEM.
    
    YOU ACKNOWLEDGE THAT ZONEPICKS.COM AND ITS RELATED PARTIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED VIA THE SYSTEM. YOU ALSO SPECIFICALLY AGREE THAT ZONEPICKS.COM AND ITS RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS OR FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIAL AND/OR DATA DOWNLOADED FROM, TRANSFERRED THROUGH OR OTHERWISE RELATED TO THE SYSTEM. ZONEPICKS.COM shall not be liable for Your actions with ANY THIRD PARTY PROFESSIONAL OR ANY OTHER THIRD PARTY OR the use of their SERVICES, or for any other actions arising from Your use of the system, disputes arising between You, ANY THIRD PARTY PROFESSIONAL OR OTHER THIRD PARTY.
    
    ZONEPICKS.COM AND ITS RELATED PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, OR COMPLETENESS OF THE SYSTEM; ZONEPICKS.COM AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SYSTEM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. THE SYSTEM AND ANY INFORMATION, REPORTS OR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ZONEPICKS.COM AND ITS RELATED PARTIES.
    
    THE SYSTEM MAY CONTAIN BUGS, ERRORS, UNVERIFIED INFORMATION, UNVERIFIED OR MISCALCULATED SCORES/METRICS/STATISTICS/CALCULATIONS/INFORMATION, PROBLEMS, OR OTHER LIMITATIONS. ZONEPICKS.COM AND ITS RELATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SYSTEM, ANY INFORMATION CONTAINED THEREON. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IN OR IN ANY WAY CONNECTED OR LINKED TO THE SITE IS DISCLAIMED. AT TIMES THE SYSTEM MAY CONTAIN LINKS TO INFORMATION OR WEBSITES MAINTAINED BY OTHER THIRD PARTIES, WHICH ARE PROVIDED AS A CONVENIENCE TO USERS OF THE SYSTEM. THESE LINKED WEBSITES OR INFORMATION ARE NOT UNDER THE CONTROL OF ZONEPICKS.COM AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS AND INFORMATION DOES NOT IMPLY AN ENDORSEMENT, AND ZONEPICKS.COM IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION OR WEBSITES.
    
13. Limitation of Remedy and Liability. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM. IN NO EVENT SHALL ZONEPICKS.COM OR ITS RELATED PARTIES BE LIABLE TO ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ECONOMIC ADVANTAGE, ETC.), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ZONEPICKS.COM OR ITS RELATED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, BUT IN NO WAY LIMITING THE GENERALITY OF THE FOREGOING, ZONEPICKS.COM AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SYSTEM, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE. THE NEGATION OF DAMAGES AND LIMITATION OF REMEDY AND LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ZONEPICKS.COM. THE SYSTEM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ZONEPICKS.COM AND ITS RELATED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
14. Your Warranties. By accessing or using any part of the System, You, make the following representations and warranties: (i) You are at least eighteen (18) years of age and have the legal capacity and authority to (a) be bound by this Agreement and (b) access and use the System in accordance with this Agreement; (i) You will not use the System for any purpose that is unlawful, or prohibited by this Agreement; (ii) all information supplied by You is true and accurate, including information submitted as part of the registration process or within the survey or Report; and (iii) Your conduct relating to the System shall be at all times in compliance with all applicable law.
15. Indemnification. You agree to indemnify, defend, and hold ZONEPICKS.COM and its Related Parties harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in connection with: (i) any infringement or alleged infringement, or violation or alleged violation, of any intellectual property, trade secret or other right of a third party in connection with Your access to or use of the System; (ii) Your negligent or wrongful acts or omissions; (iii) any content or information You submit, post to or transmit on or through the System, (iv) Your breach or violation of this Agreement; or (v) any dispute between You and any Third Party Professional or any other third party. If You are a California resident, You hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." ZONEPICKS.COM shall have the right to employ separate counsel and to participate in any such action, but the fees and expenses of such counsel shall be at the expense of ZONEPICKS.COM unless: (a) the employment of counsel by ZONEPICKS.COM has been authorized by You; (b) ZONEPICKS.COM has been advised by its counsel in writing that there is a conflict of interest between ZONEPICKS.COM and You in the conduct of the defense of the claim (in which case You shall not have the right to direct the defense of the action on behalf of ZONEPICKS.COM); or (c) You have not in fact employed counsel to assume the defense of the claim within a reasonable time following receipt of the notice thereof, in each of which cases the fees and expenses of such counsel shall be at the expense of You. You shall not enter into a settlement or compromise of any such claim that does not contain an unconditional release of ZONEPICKS.COM without ZONEPICKS.COM’s prior written consent, which may be given or withheld in ZONEPICKS.COM’s sole discretion.
16. Use of Information. ZONEPICKS.COM reserves the right, and You authorize ZONEPICKS.COM, to use and assign all information regarding System uses by You and all information provided by You in any manner consistent with this Agreement and/or ZONEPICKS.COM’s Privacy Policy.
17. Privacy Policy. You agree to abide by ZONEPICKS.COM’s Privacy Policy, which is contained on the Site and by this reference is expressly incorporated into this Agreement. Personal and non-personal information is gathered and disseminated from the Site. For further information, see ZONEPICKS.COM’s Privacy Policy.
18. Miscellaneous. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the City and County of Denver, CO, USA in all disputes arising out of or relating to this Agreement and the use of the System. You consent to extraterritorial service of process in connection with such disputes. ZONEPICKS.COM’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that this Agreement and all incorporated agreements may be automatically assigned by ZONEPICKS.COM, in its sole discretion, to a third party in the event of a merger or acquisition. All of the terms and provisions of this Agreement shall inure to the benefit of, and be enforceable by, ZONEPICKS.COM and its respective successors and assigns. Any Sections, which by their nature, are intended to survive, shall survive any termination or expiration of this Agreement. The prevailing party in any legal action arising out of or related to this Agreement shall be entitled, in addition to other rights and remedies it may have, to its costs and reasonable attorney’s fees. Any notices may be given to You by email to the email address you provide to ZONEPICKS.COM during the Request process. Notice shall be deemed given 24 hours after email is sent, unless ZONEPICKS.COM is notified that the email address is invalid. Alternatively, ZONEPICKS.COM may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to ZONEPICKS.COM during the Request or Acceptance process. All notices or other communications that are required to be given or may be given to ZONEPICKS.COM shall be sufficient in all respects if given in writing and if delivered personally or by registered or certified mail, postage prepaid, to ZONEPICKS.COM. Notice shall be deemed given 3 days after the date of mailing. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

© 2008 ZonePicks.com - Terms of Use Last Revised 1/5/08