Please read these Website Terms before accessing, browsing, or otherwise using the Site. Your access to, browsing, reviewing, and use of the Site is subject to these Website Terms and all applicable laws. By accessing and using the Site, you agree to be legally bound by and comply with these Website Terms. If you do not agree to the Website Terms, you are not authorized to use this Site.
Right to Change, Modify, or Delete the Website Terms
The Company reserves the right to change, modify, add, or delete portions of the Website Terms at any time, without prior notice. Please re-review the Website Terms periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.
Web Forums and Other Features
In addition to the terms set forth in these Website Terms, Company may publish on the Site rules for participation in certain activities, such as web forums. You shall comply with any such published rules, which rules are hereby incorporated by reference into these Website Terms.
Copyright in this Site, in any software constituting this Site, and in the materials displayed on it, including, but not limited to, text, images, logos, articles, reports, press releases, notes, opinions, photographs, etc. (collectively, the "Content"), unless otherwise indicated, is property of Company or its licensors. Company and its licensors reserve all rights in the Site and Content, and you may not copy or distribute the Content except as expressly set forth in these Website Terms. You may copy and/or distribute the text materials displayed on this Site but only in limited and reasonable quantities for personal, non-commercial use, and provided that you include the following copyright notice on all copies: "©  Football Outsiders, Inc. All rights reserved."
Specifically, game picks listed as part of the Football Outsiders Premium subscription can not be displayed on other sites without express written consent from Football Outsiders. This consent needs to have been obtained after September 1, 2015.
Any trademarks, service marks, trade names, logos and domain names used or displayed on this Site ("Marks") are the property of Company or its founders, suppliers or partners. You may not use or reproduce any Mark without the prior written consent of Company, except for permitted references that attribute Content to Company pursuant to the "Copyright" paragraph set forth above.
Third Party Sites and Services
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
In addition, some of the Content on the Site, including without limitation contributions to web forums, may be supplied by third parties or Company web forum participants outside Company's control. Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. Company complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. -B512, as amended). If you believe that your intellectual property rights (or any right that you are responsible for enforcing) is infringed by any content on the Site, or have any other complaints or objections to material posted on the Site, you may contact our Designated Agent at the following address:
c/o John Barkeley
732 E. Market Street Louisville, KY 40202
Compliance with Laws
You represent and warrant that your use of the Site and the Site's Content shall comply with these Website Terms and shall not infringe or violate the rights of any third party or breach any agreement or contract with any third party. You agree that you will comply with all applicable laws relating to the Site, the Content and your use of them. You hereby agree to indemnify and hold harmless Company and its officers, employees, suppliers, and agents from and against any liability, losses, or damages arising from your use of the Site or your breach of any of these Website Terms.
Disclaimers and Limitations on Liability
Company does not guarantee or warrant that the Site or any materials that may be downloaded from the Site are free from viruses, worms, or other destructive features, nor that the Site will operate without error. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR PURPOSE.
Neither Company nor any of its officers, employees, suppliers, or agents are liable for any damages or harm attributable to your use of the Site. Company hereby excludes all liability for any claim, loss, injury, or damages arising from any use of the Site based on errors, omissions, interruptions, or other inaccuracies in our site, and for any claim, loss, or injury that results from your use of this site or your breach of any provision of these Website Terms.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, SUPPLIERS, OR AGENTS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITE OR THE CONTENT OR YOUR USE THEREOF, EVEN IF COMPANY OR ITS OFFICERS, EMPLOYEES, SUPPLIERS, OR AGENTS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Links, Frames, and Metatags
You may link to the home page of our Site as long as the link does not disparage Company, or any of its officers, employees, suppliers, or agents, or cast such parties in a false or misleading light. Company prefers advance notice of such linking which can be provided at info-at-footballoutsiders.com or at the address and numbers listed at the "Contact Us" section. You may not frame the content of our Site. You may not use metatags or any other "hidden text" that incorporates the Marks without our express written consent.
Restriction, Suspension, or Termination
Company reserves the right to terminate the Site or your access to it at any time without prior notice or liability for any reason, including for your violation of any of these Website Terms. The Disclaimers and Limitations on Liability, Entire Agreement, and Governing Law Sections of these Website Terms shall survive any such termination. Company may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or Content, without prior notice or liability.
Entire Agreement; Waiver and Severability
The Website Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any provision of these Website Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then these Website Terms will remain in full force and effect and will be reformed to the greatest extent permitted by law. No delay or omission by Company in exercising any rights hereunder shall constitute a waiver unless given in a writing signed by Company.
The Website Terms shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of laws principles. If you choose to gain access to the Site from locations other than Kentucky, you will be responsible for compliance with all local laws of any such location.