YOU ARE USING A BETA VERSION OF THIS SITE. WE MAY CHANGE THE TERMS OF SERVICE AFTER FINAL LAUNCH WITHOUT ADVANCE NOTIFICATION TO YOU. PLEASE CHECK BACK TO VIEW OUR FINAL TERMS OF SERVICE.
THESE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND SPORTS195, INC. (“SPORTS195”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.SPORTS195.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.SPORTS195.COM BY SPORTS195, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SERVICES”) AND ANY SOFTWARE THAT SPORTS195 PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, THE MOBILE APPLICATION OR ANY INFORMATION CONTAINED ON THIS SITE. IF YOU ARE USING THIS SITE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SPORTS195. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
SPORTS195 may make changes to the content and Services offered on this Site at any time. SPORTS195 can change, update, or add or remove provisions of these term, at any time by posting the updated terms on this Site. By using this Site after SPORTS195 has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
SPORTS195 is a global social network for sports that helps sports fans follow the sports, teams and athletes for over 300 sports across the world in more than 195 countries at any level from youth to professional. We aggregate content at every level so users don’t need to go to multiple sites each day for their sports news or content. Our users are able to get information for their favorite teams and athletes at the professional, college or high school or sports organization level in any country in the world. Our goal is for our users to have a customized experience based on their interests that provides them the best sports news, information and content from the best sources across the globe all in one location, while bringing fans together to share pictures, videos, stories and comments with each other to have the most comprehensive and engaging experience with sports online.
Our Site is available to sports fans, athletes, schools, colleges, universities, athletic programs and other sports organizations. We have two types of memberships: general membership and managed profile membership. Anyone can sign up to be a user of our Site. General membership is free and open to the public; users with a general membership can simply register to create an account and profile, and to connect with information about other users, athletes, teams and organizations.
Athletes, Schools, Colleges, Universities and other sports organizations may, however, sign up for a managed profile membership. For our managed profile members, SPORTS195 will update their managed profiles with the news, information and content most relevant to such members and to their audiences and fans. Membership fees for managed profiles vary by the size of the subscribing organization. Current membership fees for managed profile members will be available online during the sign up process.
Each of the terms herein apply to both general memberships and managed profile membership, unless expressly stated otherwise.
To use this Site you must be at least thirteen (13) years old. By using the Site or Services, you represent, acknowledge and agree that you are either (i) at least 18 years of age, or (ii) if you are under 18 years of age but are at least 13 years old, that you are using the Site and Services with the permission of your parent or legal guardian and that you have received permission of your parent or legal guardian to enter into these Terms.
SPORTS195 may terminate these Terms and your use of the Site without notice if SPORTS195, in its sole discretion, believes that you are either (i) 13 to 17 years old and using the Site without the permission of your parent or guardian, or (ii) are under the age of 13.
SPORTS195 provides content and Services through this Site that is copyrighted and/or trademarked work of SPORTS195 or SPORTS195’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
SPORTS195 hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
SPORTS195 makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. SPORTS195 does not warrant that the Mobile Application will be compatible with your mobile device. SPORTS195 hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that SPORTS195 may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and SPORTS195 and its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that SPORTS195 provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and SPORTS195 only, and not with Apple, Inc. (“Apple”).
Your use of SPORTS195’s iOS App must comply with Apple’s then-current App Store Terms of Service.
SPORTS195, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that SPORTS195, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that SPORTS195, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of SPORTS195’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that SPORTS195 provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and SPORTS195 only, and not with Google, Inc. (“Google”).
Your use of SPORTS195’s Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. SPORTS195, and not Google, are solely responsible for SPORTS195’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to SPORTS195’s Android App or these Terms.
You acknowledge and agree that Google is a third party beneficiary to the Terms as they relate to SPORTS195’s Android App.
The following additional terms and conditions apply with respect to any Mobile Application that SPORTS195 provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
You acknowledge that these Terms are between you and SPORTS195 only, and not with Amazon.com, Inc. (“Amazon”).
Using the Site and the Services on the Site.
You can simply view certain pages or content on Site and not use any Services on the Site. However, in order to access certain areas of the Site you must register with SPORTS195 for an account and receive a password.
Password Restricted Areas of this Site.
To register for an account with SPORTS195, you must submit the following information through the account registration page on the Site: name, valid email, country of residence, gender and date of birth. You will also be asked to create a password (your “SPORTS195 Password”). You also have the option of providing us with additional information, such as your location high school, college, sports played, among others, which we may use to provide you with a more customized experience on our Site. Our SPORTS195 administrator has the right to approve or reject the requested registration, in its sole discretion. If we approve your account, we will send you a confirmation email, and you will be able to log-in to the Site using your email address and SPORTS195 Password.
You are responsible for maintaining the confidentiality of your SPORTS195 Password and any Third Party Site Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify SPORTS195 if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes to your profile information.
By registering for a managed profile account with SPORTS195 and paying the applicable membership fee, you become a “Managed Profile Member,” with a “Membership”). Each Membership and the rights and privileges conferred on Managed Profile Member is non-transferable. All sales and payments of Membership fees will be in US Dollars. The Membership rates will be available online during the sign up process.
The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. SPORTS195 reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Each membership is for an initial term of one year with payment frequency determined during the sign up process.
You may pay for your Membership fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Membership fee on the date that we process your order for your Membership. Once your credit or debit card is charged the first Membership fee, you will receive a confirmation e-mail. All membership fees are non-refundable.
IMPORTANT NOTICE: SPORTS195 WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH YEARLY ANNIVERSARY (THE “RENEWAL DATE“) AND ON THE SAME TERMS THAT WAS AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, SPORTS195 WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MEMBERSHIP FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERHSIP FEE PAYMENT (UNLESS YOU CANCEL AS PER OUR CANCELATION POLICY). EACH MEMBERSHIP RENEWAL PERIOD IS FOR ONE YEAR. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING SPORTS195 AND GIVING A MINIMUM OF 3 MONTHS NOTICE PRIOR TO THE YEARLY ANNIVERSARY. YOUR MEMBERSHIP IS A ONE YEAR MEMBERSHIP..IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MEMBERSHIP TERM, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THENCURRENT YEARLY MEMBERSHIP TERM.MEMBERSHIP FEES ARE NON-REFUNDABLE.
To update your payment information, including the credit or debit card to which your auto renewals are charged, please go to your profile at www.SPORTS195.com.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member, and you authorize SPORTS195 to charge your credit or debit card for any such applicable taxes.
If applicable, you agree to pay all fees or charges for any purchases placed through your account, or any Membership fees, based on SPORTS195’s fees, charges, and billing terms in effect on the date of your purchase. If you do not pay on time or if SPORTS195 cannot charge your credit card, PayPal or other payment method for any reason, SPORTS195 reserves the right to either suspend or terminate your Membership, your access to the Site (including your profile and profile information) and these Terms, and to cancel your order. You are expressly agreeing that SPORTS195 is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your Membership and/or other purchase, and the fees will be billed to your credit card, PayPal or other payment method designated by at the time of purchase. If you have a balance due, you agree that SPORTS195 may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from SPORTS195. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with SPORTS195. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links to Third Party Sites.
Third Party Content.
Certain information and other content that are not Submissions (defined below) may be provided by third party licensors and suppliers to SPORTS195 (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. SPORTS195 DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require SPORTS195 to monitor, police or remove any Submissions or other information submitted by you or any other user.
SPORTS195 offers an environment where passionate fans can openly comment on and communicate about sports teams and discuss other sports-related issues. However, our Site is also open to minors, amateur athletes and other athletes. While we encourage open discourse, we expect our members to respect each other and to be “good sports on and off the field.” We want all members – athletes, fans, minor and adults alike – to enjoy our Site and the Services and to feel safe using them. We reserve the right to, immediately and without notice, suspend or terminate the account of any member who we think, in our discretion, has acted inappropriately, threateningly or disrespectfully towards another member or person or has otherwise acted in a way that violates the spirit of this provision. If you think that someone is abusing our Site or violating these guidelines, you can report it to us at [firstname.lastname@example.org]. Please also read the section titled “Unauthorized Activities” for some examples of behavior that is inappropriate and prohibited on our Site.
When using this Site and/or the services, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Use any false or inaccurate information for purposes of registering as a user of the Site;
Delete or revise any material or other information of any other user or the Site, or otherwise alter the opinions or comments posted by others on this Site.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Use the Site or the Materials for any commercial or pecuniary purpose.
Use the Site in any manner that is harmful to others.
Personally attack or threaten another member.
Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, the Services, the Mobile Application or the Materials.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without SPORTS195’S prior written consent.
Create a database by systematically downloading and storing any Site content.
Use the Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or may otherwise harm, disrupt or overburden the Site.
This list of prohibitions provides examples and is not complete or exclusive. SPORTS195 reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that SPORTS195 determines is inappropriate or disruptive to this Site or to any other user of this Site, Mobile Application and/or Services. SPORTS195 may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at SPORTS195’s discretion, SPORTS195 will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold SPORTS195 and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) SPORTS195 or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SPORTS195, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
SPORTS195 respects the intellectual property rights of others, and we ask you to do the same. SPORTS195 may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/ or trademark infringement and appears on our Site, please provide SPORTS195’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit SPORTS195 to locate the material.
Information reasonably sufficient to permit SPORTS195 to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: Copyright Agent
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to SPORTS195 designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which SPORTS195 may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
SPORTS195 reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by SPORTS195, and they may include inaccuracies or typographical or other errors. SPORTS195 does not warrant the accuracy of timeliness of the Materials contained on this Site. SPORTS195 has no liability for any errors or omissions in the Materials, whether provided by SPORTS195, our licensors or suppliers or other users.
SPORTS195, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, THE MOBILE APPLICATION, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY SUBMISSIONS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, THE MOBILE APPLICATION AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPORTS195 DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
SPORTS195 SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL SPORTS195 BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SPORTS195 KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
SPORTS195 controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to SPORTS195, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and SPORTS195 is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that SPORTS195 is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at [INSERT]. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and SPORTS195. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and SPORTS195 shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “SPORTS195” means SPORTS195, Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and SPORTS195 regarding any aspect of your relationship with SPORTS195, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as SPORTS195’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give SPORTS195 an opportunity to resolve the Dispute. You must commence this process by mailing written notification to SPORTS195, email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If SPORTS195 does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration; Right to Opt Out
Notwithstanding the above, you or SPORTS195 may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to SPORTS195, firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with SPORTS195 through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with SPORTS195. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or SPORTS195 may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for ConsumerRelated Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or SPORTS195 may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, SPORTS195 may transfer the arbitration to [CLIENT’s U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – SPORTS195 will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with SPORTS195 as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and SPORTS195 specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and SPORTS195 are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and SPORTS195 might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with SPORTS195 or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if SPORTS195 makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require SPORTS195 to adhere to the language in this Provision if a dispute between us arises.
SPORTS195 prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by SPORTS195, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in [INSERT] County in the State of [INSERT]. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SPORTS195’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SPORTS195 and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SPORTS195 about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact SPORTS195 for any reason, you can reach us at email@example.com.