Terms of Service

Terms of Services

Effective Date: 16 November, 2023

OVERVIEW

This website is operated by Back My Bracket LLC (“Back My Bracket”, “we”, “us” and “our”). Back My Bracket offers this website, including all information, tools and services available from this website (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated below, referenced herein and/or available by hyperlink (collectively, the “Terms”).

By accessing or using our Services and/or purchasing something from us, you agree to be bound by the Terms, which apply to all users of the Services (including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you (1) represent that you are at least the age of majority in your state or province of residence, and (2) agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Services.

GENERAL CONDITIONS

We reserve the right to refuse to provide the Services to anyone for any reason at any time. Additionally, a breach or violation of any of the Terms will result in an immediate termination of your right to use the Services.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We are not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on the Services is at your own risk.

MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice, but have no obligation to update any information on our Services. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services.

We may also, in the future, offer new Services and/or features of the Services (including the release of new tools and resources), all of which shall also be subject to these Terms.

PRODUCTS OR SERVICES

Products and services available through the Services are subject to return or exchange only according to our Refund and Return Policy: https://backmybracket.com/return-policy/

We have made every effort to display as accurately as possible the colors and images of our products, but cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the quantities of any products or services that we offer, and to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Services is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

ORDERS; ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD PARTY LINKS & TOOLS

Certain content, products and services available via our Services may include materials or tools from third-parties (e.g., links to third-party websites that are not affiliated with us).

We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party content, websites, or tools, or for any other materials, products, or services of third-parties, all of which are provided on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party content, products and services should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials or submissions (e.g., contest entries), whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We reserve the right to (but have no obligation to) monitor, edit or remove content that we determine, in our sole discretion, (1) is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or (2) violates these Terms or any right of any third party.

You agree that you shall not submit any comments that

violate any right of any third-party (including, without limitation, copyright, trademark; privacy, publicity, personality or other personal or proprietary right);
contain libelous or otherwise unlawful, abusive or obscene material; or
contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third-party.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy, which can be viewed here: https://backmybracket.com/privacy-policy/

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services (or on any related website) is inaccurate at any time without prior notice (including after you have submitted your order).

We have no obligation to update, amend or clarify information on the Services (or on any related website), including, without limitation, pricing information, except as required by law.

No dates specified on the Services (or on any related website) should be interpreted to indicate that all information on the Services (or on any related website) has been modified or updated.

PROHIBITED USES

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content on the Services, without express written permission by us. You must not transmit any worms or viruses or any code of a destructive nature.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its content:

for any unlawful or unauthorized purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that (a) your use of our Services will be uninterrupted, timely, secure or error-free, or (b) the results that may be obtained from the use of the Services will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Back My Bracket, or any directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Services providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INTELLECTUAL PROPERTY.

General. Except for content that is in the public domain, the Service and all content, as well as the selection and arrangement of the content, is owned by (or licensed to) Back My Bracket or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Service and content are expressly reserved by Back My Bracket.
Trademarks. BACKMYBRACKET, BACK MY BRACKET, WHO YOU GOT?, and the related logos are trademarks of Back My Bracket, and may not be copied, imitated or used, in whole or in part, without Back My Bracket’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Back My Bracket or its licensors and may not be copied, imitated, or used, in whole or in part, without Back My Bracket’s prior written permission.
Copyrights. Copyright in the pages of this website, the code, text, graphical elements, and the material contained therein and in their arrangement is owned by Back My Bracket, unless otherwise indicated. The materials and elements contained on this website, the design and the layout, may not be copied, compiled, or distributed without the prior written consent of Back My Bracket.
Policy, Notices and Procedures Regarding Claims of Copyright Infringement. Back My Bracket respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify our agent as provided in this section. Pursuant to Title 17, United States Code, Section 512(c)(2), Back My Bracket designates Copyright Agent as its agent designated to receive notification of claimed copyright infringement (“Designated Agent”). If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to the Designated Agent via email at [email protected].

We may terminate your use and access to the Service if we believe that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Back My Bracket and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

FEES AND PAYMENT

Fees. Unless we agree otherwise in writing, you shall pay to Back My Bracket any fees due in accordance with the fee schedule posted on the Service, as updated from time-to-time.
Taxes. All amounts payable under these Terms are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You shall promptly pay, and indemnify Back My Bracket against, all taxes and duties assessed in connection with (a) any such amounts, (b) these Terms of Service, and (c) performance hereunder by any authority within or outside of the U.S., except for taxes payable on Back My Bracket’s net income.
Other. Back My Bracket may charge you interest on the outstanding balance of any amounts overdue hereunder at a rate equal to 1.5% per month (19.56% per annum) or the highest rate permitted by applicable law, whichever is lower. You will reimburse Back My Bracket for all reasonable costs and expenses incurred (including, without limitation, reasonable attorneys’ fees) in collecting any overdue amounts.
Payments. All amounts payable hereunder must be made in U.S. dollars. You shall make all payments via credit card, debit card or by other means that we may permit from time-to-time.
Credit Card Payments. If you designate a credit card or debit card to make payments, you hereby agree that Back My Bracket (or its applicable payment processor) is authorized to charge your designated card on the applicable due date. If Back My Bracket (or its applicable payment processor) does not receive payment from the applicable card issuer or its agents, or if payment made by bank draft or other means is not honored, you agree to pay all amounts due immediately upon demand. You agree to keep the account number and expiration date of your designated card and your billing address updated at all times.
ACH. If you elects to make payments via the transfer of funds from a bank or credit union account, this will be done electronically via the Automated Clearing House (“ACH”). You hereby agree that Back My Bracket (or its applicable payment processor) is authorized to make electronic transfers via ACH from its bank account for the amount owed on the applicable due date. You give Back My Bracket the right to resubmit for collection any ACH debit that is returned for insufficient or uncollected funds. You acknowledge that you may be charged a service fee for any ACH transactions that result in a returned ACH item, including, but not limited to, those caused by insufficient funds in its bank account, closure of its bank account, or incorrect bank account information.

TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms.

If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

GENERAL TERMS

These Terms and any policies or operating rules posted by us on the Services, or in respect to the Services, constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Notwithstanding the foregoing, the Terms do not supersede any agreement governing the purchase of a product or service from Back My Bracket. In the event of a conflict between any such agreement and the Terms, the agreement will prevail. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

GOVERNING LAW & COURTS

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the United States District Court for the Northern District of Illinois or, if no federal jurisdiction exists, the courts of the State of Illinois located in Chicago, Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms should be sent to us at [email protected].