Terms of Use Please carefully read these terms of use, as they affect your legal rights and obligations. These MostlyChampions.com Terms of Use ("Terms of Use") apply to the MostlyChampions.com web site (the “Site” or “Website”) and related MostlyChampions.com services (the Website and such services referred to collectively as "Services"). The Services are referred to herein as "MostlyChampions.com", "MostlyChampions.com Website," "we" or "our." "You," "your" and "user" refer to any person or entity using the Services. These Terms of Use govern your use of the Services, regardless of how you access it, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to it ("Linked Services"), and regardless of whether you are a registered user or a guest. By using the Services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Services and you must cease all such use immediately. Age and Residence Requirements; U.S. Jurisdiction The Services are available to individuals age 18 and over. If you are between the ages of 18 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.  The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MostlyChampions.com to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. MostlyChampions.com operates the Services in the United States. MostlyChampions.com makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. Proprietary Rights Unless otherwise explicitly specified by MostlyChampions.com, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "MostlyChampions.com Content"), are owned, controlled, or licensed by MostlyChampions.com.  MostlyChampions.com Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of MostlyChampions.com Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties. Your License to Use Site Content Subject to your compliance with these Terms of Use, MostlyChampions.com grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the MostlyChampions.com Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the MostlyChampions.com Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by MostlyChampions.com under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without MostlyChampions.com's prior written permission or as expressly provided in these Terms of Use. When you download or use the MostlyChampions.com Content as authorized by these Terms of Use, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the MostlyChampions.com Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. MostlyChampions.com may impose reasonable limits on your scope of access to MostlyChampions.com Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third party access to or use of that Content.  Social Distribution and Widgets MostlyChampions.com may allow you, but only through express written permission, to engage in certain personal uses of MostlyChampions.com Content that include the ability to share certain MostlyChampions.com Content with others ("Social Distribution"). For example, the Services may allow you to send certain MostlyChampions.com Content to friends, display MostlyChampions.com Content on your personal web site or post MostlyChampions.com Content on a third party web site. You agree that you will not imply that you and MostlyChampions.com are affiliated in any way or that MostlyChampions.com approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of MostlyChampions.com Content. Similarly, the Services may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are MostlyChampions.com Content and subject to the limited, revocable license described above. We may discontinue providing the Services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any MostlyChampions.com Content made available via any Widget. Notice to Third Party Sites: Any MostlyChampions.com Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of MostlyChampions.com Content upon notice. User Content and Activities When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any question, prediction, review, problem, suggestion, idea, solution, question, answer, feedback, message, image, video, text, profile data or other material ("User Content") to MostlyChampions.com, the Services, any MostlyChampions.com employee or contractor, or a MostlyChampions.com web site, you grant MostlyChampions.com and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by MostlyChampions.com, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to make copies of such content and to publish such content through the Website, partners or affiliates, to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content. You also grant each user of the Services the right to access your Content through the Services. You further agree that MostlyChampions.com is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and Services; and creating informational articles, without any payment of any kind to you. You authorize MostlyChampions.com to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. MostlyChampions.com is not required to host, display, or distribute, and may remove at any time, any User Content. MostlyChampions.com reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit. You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon MostlyChampions.com's request, you will furnish MostlyChampions.com any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.  You retain full ownership of all your User Content and any intellectual property rights in that content, subject to the rights granted herein.   Except as otherwise described in the posted Privacy Policy, or other agreement on the Services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with MostlyChampions.com is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place MostlyChampions.com in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of MostlyChampions.com, and MostlyChampions.com will not be liable for any use or disclosure of any User Content that you provide. Acting in reliance on any User Content is at your own risk, and we advise you to do your own research and consult with your own professional advisors prior to taking in action relying on the User Content. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, MostlyChampions.com does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. You agree that MostlyChampions.com has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that MostlyChampions.com will not have any obligation to you with regard to User Content and that MostlyChampions.com may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with MostlyChampions.com. You understand and agree that MostlyChampions.com may, at various times, make a series of evaluations, decisions concerning whether your Content is appropriate, or whether your predictions were accurate, and how much value (points or other value) to assign or take away from your profile, which is public.  These evaluations and decisions may involve independent judgment from MostlyChampions.com, its user community, or other individuals that MostlyChampions.com may in its discretion grant the authority to make such evaluations and decisions.  You expressly acknowledge that MostlyChampions.com and its assigns have the final authority to interpret and decide all issues relating to questions, comments, predictions, timing, resolutions, scoring and outcomes, and all other matters regarding the operation of the Site, even if they may be subject to different interpretations or resolutions.  You agree to accept the interpretations and final decisions of MostlyChampions.com regarding such matters.  Acceptable Use Policy You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, MostlyChampions.com may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate. Prohibited User Content includes, but is not limited to, material that MostlyChampions.com determines: 1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website; 4. posts information that poses or creates a privacy or security risk to any person; 5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 6. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; 7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; 9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses; 10. involves commercial activities and/or sales without prior written consent from MostlyChampions.com such as contests, sweepstakes, barter, advertising, or pyramid schemes; 11. includes a photograph or video of another person that you have posted without that person's consent; 12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person. Prohibited activities include, without limitation: 1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services; 2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services; 3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services; 5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any MostlyChampions.com page via HTML/CSS or any other means; 6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts; 7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; 8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by MostlyChampions.com, or sending messages with a commercial purpose; 9. activity unrelated or disruptive to the Services, such as submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or 10. using the Services in a manner inconsistent with any applicable law. Services Modifications MostlyChampions.com reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by MostlyChampions.com is not a representation that the Services are working or will always work in that manner, as MostlyChampions.com is continuously updating the Services, and these updates may not always be reflected in the Terms of Use. Account Registration & Termination You may only have one MostlyChampions.com account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by MostlyChampions.com. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify MostlyChampions.com immediately if you suspect any unauthorized use of your account or access to your password. MostlyChampions.com has the right to terminate your account for any reason at our sole discretion without notice and without liability. Mobile Use The Services may offer features and Services that are available to you via your mobile device. These features and Services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you change or terminate your mobile account, you are responsible for promptly updating your MostlyChampions.com account information so that any messages or notices from MostlyChampions.com regarding the Services are sent to you and not to the person who is assigned your old number. Email and Text Message Notifications Notifications or receipts from MostlyChampions.com will be delivered to you by email at the address you provided to MostlyChampions.com when you created your account or as later updated. You hereby agree and acknowledge that MostlyChampions.com is not responsible to notify you in any way other than by email.  MostlyChampions.com will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. MostlyChampions.com will have no responsibility for any misuse of such information if you provide such information via email or text message. Account Cancellation You may cancel your account at any time through the Services.  MostlyChampions.com may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse of the Services. Even if your account is cancelled, your information, posts, and any other data you have shared via the Services may persist within the Services after cancellation of your account.   Third Party Links, Content and Applications There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third party web site or online feature, including applications that connect the Services or your profile on the Services with a third party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third party website, and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF A PRODUCT OR SERVICE, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. Linking Policy MostlyChampions.com grants you the revocable permission to link to the web sites on which these Terms of Use are posted; provided, however, that any link to such a web site: (a) must not frame or create a browser or border environment around any of the content on such web sites or otherwise mirror any part of such web sites; (b) must not imply that MostlyChampions.com or the Services are endorsing or sponsoring any third party or its products or services, unless MostlyChampions.com has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in MostlyChampions.com's sole opinion, harm MostlyChampions.com or its products or services; (d) must not use any MostlyChampions.com trademarks without the prior written permission from MostlyChampions.com; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in MostlyChampions.com's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a MostlyChampions.com web site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, MostlyChampions.com reserves the right to prohibit linking to any MostlyChampions.com web site for any reason in our sole and absolute discretion. Disclaimer of Warranties THE MOSTLYCHAMPIONS.COM WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOSTLYCHAMPIONS.COM AND ITS DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES OR VENDORS (COLLECTIVELY THE " MOSTLYCHAMPIONS.COM PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES; (B) THE MOSTLYCHAMPIONS.COM CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MOSTLYCHAMPIONS.COM OR VIA THE SERVICES. IN ADDITION, THE MOSTLYCHAMPIONS.COM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE MOSTLYCHAMPIONS.COM PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOSTLYCHAMPIONS.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE MOSTLYCHAMPIONS.COM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MOSTLYCHAMPIONS.COM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. THE MOSTLYCHAMPIONS.COM PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICE, AND THEY ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY MOSTLYCHAMPIONS.COM. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY MOSTLYCHAMPIONS.COM. IN ADDITION, THE MOSTLYCHAMPIONS.COM PARTIES ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ANY ENTITY FOR ANY DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, LOSS, CLAIM, OR LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES OR LINKED SERVICE. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICE. MOSTLYCHAMPIONS.COM TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL MOSTLYCHAMPIONS.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES OR LINKED SERVICE, ATTENDANCE AT A MOSTLYCHAMPIONS.COM EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES OR LINKED SERVICE, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MOSTLYCHAMPIONS.COM. Limitations of Liability; Waiver IN NO EVENT SHALL THE MOSTLYCHAMPIONS.COM PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE MOSTLYCHAMPIONS.COM CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MOSTLYCHAMPIONS.COM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MOSTLYCHAMPIONS.COM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE MOSTLYCHAMPIONS.COM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MOSTLYCHAMPIONS.COM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO MOSTLYCHAMPIONS.COM IN THE PAST SIX MONTHS, OR $50, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MOSTLYCHAMPIONS.COM. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE MOSTLYCHAMPIONS.COM PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MOSTLYCHAMPIONS.COM CONTENT OWNED OR CONTROLLED BY THE MOSTLYCHAMPIONS.COM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MOSTLYCHAMPIONS.COM CONTENT OWNED OR CONTROLLED BY THE MOSTLYCHAMPIONS.COM PARTIES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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." Indemnity You agree to defend, indemnify and hold harmless the MostlyChampions.com Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the MostlyChampions.com Parties' use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and MostlyChampions.com. You will cooperate as fully required by the MostlyChampions.com Parties in the defense of any claim. The MostlyChampions.com Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the MostlyChampions.com Parties. These indemnity obligations shall survive any expiration or termination of your relationship with MostlyChampions.com. Reporting Copyright and Other Intellectual Property Violations MostlyChampions.com respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please contact us and provide the following information: - Your contact information, including name, address, telephone number, and e-mail address; - A description of the copyrighted work you claim has been infringed; - A reasonably specific description of where the allegedly infringing material is located on the Services (including, e.g., the URL); - A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; - Your electronic or physical signature; - A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and - Information reasonably sufficient to permit us to contact the complaining party. Note: This contact information is for inquiries regarding potential copyright and other infringement only. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. MostlyChampions.com will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights. IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY MOSTLYCHAMPIONS.COM, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others. Policies When using the Services, you are subject to any posted policies or rules applicable to features you use through the Services, including without limitation the GENERAL POLICIES, FAQ/Help and all policies referenced in the General Policies or elsewhere in this Agreement. All such policies or rules are hereby incorporated into these Terms of Use. These policies may change from time to time. Changes We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature or content) at any time, although you will receive notification of substantial revisions to these Terms via a notice on the Services or a sending of a notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will endeavor to provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Use in effect at the time of such use. Entire Agreement The then-current MostlyChampions.com Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and MostlyChampions.com regarding the Services. The Terms of Use may not be modified without the consent of a duly authorized representative of MostlyChampions.com, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether MostlyChampions.com signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with MostlyChampions.com. Miscellaneous Unless otherwise stated in this agreement, if any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of MostlyChampions.com to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with MostlyChampions.com.