Terms and
Conditions of Use
Front Office Sports, provides this Internet site and related
services subject to your compliance with the terms and conditions set forth
below. Your continued use of this site evidences your agreement to them. Please
read the following information carefully.
Address
and Contact Information
The FOS Network, Inc.
Attn: FrontOfficeSports.com
1825 Ravineside Ln S
Howell, MI 48843
Customer Support:
Contact Front Office Sports Support
Warning
The information contained in the Site is presented for the
purpose of educating participants on coaching and playing various activities.
No activity should be engaged in without the prior consent of a physician. Further,
Front Office Sports makes no claims on the safety or appropriateness of any
information found on the site.
Front Office Sports makes no warrant as to the safety,
reliability, accuracy, timeliness, usefulness, adequacy, completeness or
suitability of information on the Site. Front Office Sports cannot and does not
warrant against human and machine errors, omissions, delays, interruptions or
losses, including loss of data. Front Office Sports cannot and does not
guarantee or warrant that files available for downloading from this Site are
free from infection by viruses, worms, Trojan horses or other code that may
harm your computer or system. Front Office Sports does not warrant that this
Site will be delivered to you over the Internet uninterrupted or error-free or
that defects will be corrected. Users are responsible for implementing and
maintaining adequate procedures and safeguards to ensure data is accurate and
to make backup copies of all information supplied to Front Office Sports,
including, but not limited to User web pages.
All information in bulletin boards or chat sessions should
be relied on by you at your own risk. You assume the risk that the data is
incorrect or inaccurate. No such information should be construed as the advice
of a professional.
Intellectual
Property and Use of the Site
All text, graphics and multimedia content available from the
entry point URL http://www.frontofficesports.com and pages within that domain
(the "Site") and all related code (including but not limited to HTML,
other mark-up languages, and all scripts) within this site are the property of
Front Office Sports and/or its affiliates. All material on this Site, including
(but not limited to) images, illustrations, audio clips and video clips, is
protected by copyrights that are owned or controlled by Front Office Sports or
by other parties that have licensed their material to Front Office Sports (or
posted to the Site pursuant to a user agreement with Front Office Sports).
Material from the Site may not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed in any way. Modification of the materials or
use of the materials for any other purpose is a violation of copyright and
other proprietary rights. The use of any such material on any other Web site or
computer environment is prohibited.
"FrontOfficeSports.com," "the sports we
play," and the "Front Office Sports " logo are trademarks and
service marks of Front Office Sports. All other trademarks, service marks and
logos used on this Site are the trademarks, service marks or logos of their
respective owners.
Access to the Site does not grant to you the right to
reproduce, copy, or distribute (except as permitted by Front Office Sports on
Front Office Sports-provided user Web pages through the standardized Front
Office Sports selection process) by any means, method, or process whatsoever,
now known or hereafter developed, any of the musical compositions or sound
recordings transmitted through the Site, including (without limitation)
transferring or downloading them to a computer hard drive, or otherwise copying
them onto any other storage medium. In addition, access to the site does not
grant to you the right to perform publicly, by any means, method, or process
whatsoever, now known or hereafter developed, any of the musical compositions
or sound recordings made available by Front Office Sports or its affiliated
companies through the site, including (without limitation) any transmission,
retransmission, or further transmission of them transmitted through the Site.
Front Office Sports has made every effort to secure
appropriate clearances for all proprietary intellectual properties used on this
Site. If you believe any material on this Site is infringing, please contact
Front Office Sports immediately.
You may notify Front Office Sports of alleged intellectual
property rights infringement by contacting Front Office Sports at:
Attn: FrontOfficeSports.com
1825 Ravinside Lane S.
Howell, MI 48843
No
Warranties
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT
WITHOUT LIMITATION), FRONT OFFICE SPORTS DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRONT OFFICE SPORTS
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT FRONT OFFICE SPORTS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED
SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), FRONT OFFICE SPORTS IS NOT
RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE
LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN
RISK.
Although Front Office Sports attempts to ensure the
integrity and accurateness of the Site, it makes no guarantees whatsoever as to
the correctness or accuracy of the Site. It is possible that the site could
include inaccuracies or errors, and that unauthorized additions, deletions and
alternations could be made to the site by third parties. In the event that an
inaccuracy arises, please inform Front Office Sports so that it can be
corrected.
Limitation
of Liability
Front Office Sports, its affiliates and sponsors, are
neither responsible nor liable for any direct, indirect, incidental,
consequential, special, exemplary, punitive or other damages arising out of or
relating in any way to the Site, Site-related services and/or content, or
information contained within the Site. Your sole remedy for dissatisfaction
with the Site and/or Site-related services is to stop using the Site and/or
those services.
Posted
Information and Internet Services Provided By Front Office Sports
The information and opinions expressed on user Web pages, or
in bulletin boards, chat rooms, or other forums conducted on the site are not
those of Front Office Sports or its affiliated or related entities or content
providers. Front Office Sports merely provides the Internet Services by which
third parties are able to post information to certain FrontOfficeSports.com
Site areas. While Front Office Sports may remove any such content provided by
third parties for any reason whatsoever, Front Office Sports does not undertake
to review or monitor such discussions or Web page content. Front Office Sports
makes no representations or warranties regarding that information or those
opinions. Neither Front Office Sports nor its affiliated or related entities or
its content providers are responsible or liable to any person or entity
whatsoever, including (without limitation) persons who may use or rely on such
data or materials, or to whom such data or materials may be furnished, for any
loss, damage (whether actual, consequential, punitive or otherwise), injury,
claim, liability or other cause of nay kind or character whatsoever based upon
or resulting from any information or opinions provided at the site.
By developing a Web page through the Front Office Sports
site or providing any other information to Front Office Sports (such as through
a chat or by posting to a bulletin board), you grant to Front Office Sports a
non-exclusive, worldwide, royalty-free, perpetual license to any Web page
information (including but not limited to text, graphics, video, and sound),
notes, message or billboard postings, ideas, suggestions, concepts or other
material (all such content being referred to as "User Content"). You
hereby grant to Front Office Sports the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any material and other information (including ideas for new and
improved products) all such User Content. When you submit material to the Site,
you agree that Front Office Sports has the right to publish or use the material
for any type of use as outlined above, including promotional and advertising
purposes.
Front Office Sports is not responsible for any material
posted on our forums, or elsewhere. You shall not submit or otherwise publish
through such forums, or elsewhere, any content that: (a) libels, defames,
invades privacy, or is obscene, pornographic, abusive, or threatening; (b)
infringes any intellectual property or other right of any entity or person,
including (but not limited to) violating anyone's copyrights or trademarks (by
way of example, you shall not use the term "Little League" and
understand and agree that "Little League" is a trademark of Little
League Inc. If a third party notifies Front Office Sports of your trademark
violation, including, without limitation, the Little League trademark, Front
Office Sports shall be forced to remove said material from your site without
notice to you); (c) violates any law; (d) advocates illegal activity; or (e)
advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify Front Office Sports and its officers, directors,
employees, agents, distributors and affiliates from and against any and all
third-party claims, demands, liabilities, costs or expenses, including
reasonable attorney's fees, resulting from your breach of any of the foregoing
agreements, representations and warranties.
Limited
Distribution and Territorial Considerations
Unless otherwise specified, all materials in the Site are
presented solely for the purpose of entertainment and promoting programs, music
and other products available in the United States, its territories, possessions
and protectorates. This site is controlled and operated by Front Office Sports
from its offices within the State of California, U.S.A. Front Office Sports
makes no representation that materials in the Site are appropriate or available
for use in other locations. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Use of or access to
the site should not be construed as the purposeful availment of the benefits or
privilege of doing business in any state other than the State of Michigan by
Front Office Sports.
Operation
Front Office Sports reserves the right to withdraw, suspend
or discontinue any functionality or features in the Site, including the
cessation of all activities associated with the Site.
Privacy
and Data Collection
By visiting the Front Office Sports site, you expressly
consent to the collection and use by Front Office Sports of personally
identifiable information, on an individual and an aggregate basis, as set forth
in the Privacy and Data Collection Policy.
General
Provisions
This Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Michigan, as it is applied to
agreements entered into and to be performed entirely with such state. Any
action you, any third party, or Front Office Sports bring to enforce this
agreement, or in connection with any matters related to this site, shall be
brought only in either the state or Federal courts located in Livingston
County, Michigan. You expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable
from this agreement, and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between the parties
relating to the matters set forth herein, and shall not be modified except in
writing, signed by Front Office Sports.
Front Office Sports reserves the right to change or update these terms and conditions
of use at any time. Any changes or updates will be effective immediately upon
posting to the site.
Donations
Terms of Use
There is no upfront charge to you for using the system. Each
online donation will require the organization to pay a service charge (the
"Service Charge") equal to 6.5% of the donated amount plus $0.50. We
will be responsible for collecting all fees and Service Charges. Fees collected
from online registrants will be sent to you on the first and third Friday of
each month and Service Charges shall be retained by us. All donations, except
for Service Charges, are your exclusive property. Any refunds shall be
exclusively and directly handled by you. Front Office Sports shall not be
responsible for processing or making any refunds. © 2007-<%=Date%> by Front Office Sports, Inc. All rights
reserved.
Front Office
Sports PLUS member agreement
1.
Acceptance
of Terms
This
is a legal agreement ("Agreement") between you, the user, together
with any company or other business entity you are representing, if any
(collectively, the "Member") and Front Office Sports
("FOS"). This Agreement governs the access and use of all services
for which Member registers and which are provided by or through FOS 's Web Site
and FOS 's online resources, including without limitation the Front Office
Sports Web site building and hosting services (collectively, the
"Service"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO
NOT PURCHASE, USE OR ACCESS THE SERVICE.
The
Service is offered to Member conditioned upon Member's acceptance without
modification of this Agreement. Member acknowledges that, from time to time, it
may be necessary for FOS to update or revise certain provisions of the
Agreement. By joining FOS and accepting this Agreement, Member agrees that FOS
may change the terms of the Agreement in its sole discretion without specific
notice to Member. If Member does not agree to the changes proposed by FOS, or
to any terms in this Agreement, Member's sole and exclusive remedy is to cancel
Member's FOS account ("Member's Account"). Notwithstanding the
foregoing, FOS reserves the right to cancel, suspend or refuse access to the
Service to anyone in its sole discretion. Unless explicitly stated otherwise,
any new features or products that change, augment or enhance the current
Service shall be subject to this Agreement.
2.
General
Use of the Service
Member
shall not use the Service, in whole or in part, for any purpose that is
unlawful or prohibited by this Agreement. Member agrees that Member will not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another web page, use on any
other Web site, transfer, or sell any information, software, lists of users,
databases or other lists, products or services provided through or obtained
from the Service other than for use in creating a Web site ("Member Web
Site") in accordance with this Agreement. This means, among other
activities, that Member agrees not to engage in the practices of "screen
scraping", "database scraping", or any other activity with the
purpose of obtaining lists of users or other information. Member agrees that
Member will not use the Service in any manner that could damage, disable,
overburden, or impair the Service or interfere with any other party's use and
enjoyment of the Service. Member may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Service. Except with the written permission of FOS,
Member agrees that Member will not access or attempt to access password
protected, secure or non-public areas of the Service. If Member attempts to
access prohibited areas of the Service, Member may be subject to prosecution.
3.
Charges
and Billing
Member
hereby authorizes FOS to charge Member's credit card in advance for all
applicable fees incurred by Member in connection with Member's chosen Service
and Member's Account. Member hereby acknowledges that in most cases, FOS will
be charging Member's designated credit card in accordance with the payment
schedule of the Service for which Member has registered, but some charges may
accumulate on Member's credit card account before they are charged to Member's
credit card account. Member further acknowledges that it is Member's
responsibility to notify FOS of any changes to Member's credit card or if
Member's credit card has expired otherwise Member's access to the Service may
be disconnected or interrupted. All fees shall be paid in U.S. dollars.
FOS
reserves the right to change any fees (which includes but is not limited to,
charging a fee for packages, options, upgrades and/or a Service for which FOS
does not currently charge a fee) or billing methods at any time, provided,
however, that such modifications shall not take effect earlier than thirty (30)
days after FOS posts such modification on the FOS Web Site. FOS also has the
right to collect applicable taxes and impose premium surcharges for some areas
of the Service and these surcharges may apply immediately after Member
registers for the Service. As set forth in Section 18 of this Agreement, Member
may cancel any Service Upgrades or Member's Account at any time, but FOS will
not refund any remaining portion of Member's pre-paid fees when Member cancels
such upgrades or Member's Account and Member may be charged a cancellation fee.
The answer to many common billing questions can by found by going to
http://www.frontofficesports.com/billing.
Member
agrees to pay Member's Account balance on time. Member also agrees to pay any
taxes, including sales or use taxes, resulting from Member's use of the
Service. Amounts not paid by Member to FOS when due will be assessed an
additional 1.5% (or the highest amount allowed by law, whichever is lower) per
month if Member's payment is more than thirty (30) days past due. That amount
is also due immediately. Member is responsible and liable for any fees,
including attorney and collection fees, that FOS may incur in its efforts to
collect any remaining balances due from Member. This Section 3 shall in no way
limit any other remedies available to FOS. Member also acknowledges and agrees
that Member will be billed for and will pay any outstanding balances if Member
cancels Member's Account or Member's Account is terminated. Member must notify
FOS of any billing problems or discrepancies within sixty (60) days after they
first appear on Member's credit card account statement. If Member does not
notify FOS within sixty (60) days, Member waives any right to dispute such
problems or discrepancies.
4.
Member
Registration/Privacy Policy
In
order for Member to participate in the Service, FOS will require Member to
provide specific information about Member and Member's organization. If Member
chooses to participate and build a Member Web Site, Member agrees to provide
true, accurate and complete information and to refrain from impersonating or
falsely representing Member's affiliation with any person or entity. Member
shall be responsible for maintaining the confidentiality of Member's Account
and password and shall be responsible for any and all transactions by users
given access to such account or password and any and all consequences of use or
misuse of such account and password. Member shall be responsible for all
actions by such users, including without limitation former employees and former
partners, and shall indemnify FOS for such actions as set forth in Section 13.
Any
information supplied by Member upon registering for the Service and any other
information about Member and/or Member's organization (collectively,
"Member Data") is subject to FOS's Privacy
5.
Member
Account Limitations
Member
hereby acknowledges that FOS may, from time to time, establish general
practices and limits concerning the use of the Service, including without
limitation, (a) the maximum number of days that email messages, guest book
entries, discussion board postings or other content posted on the Member Web
Site will be retained by FOS, (b) the maximum limits on bandwidth usage that
will be allotted to Member, and (c) maximum limits on storage space. Any of the
foregoing limits will be consistent with the Service (including any upgrades)
for which Member has registered. Member agrees that FOS has no responsibility
or liability for the deletion or failure to store any content maintained or
transmitted by the Service. Member further acknowledges and agrees that FOS
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
6.
Content
Submitted to FOS
The
FOS Web Site includes a number of venues such as Member Web sites and Web
pages, Discussion Boards and/or other message or communication facilities
designed to enable Members to disseminate and exchange thoughts and opinions to
and with other users or the public. Although FOS firmly believes in the value
of free and open dissemination and exchanges, it is under no obligation, but
does reserve the right, to monitor, pre-screen, or otherwise censor Member's thoughts
and opinions. Therefore, FOS cannot be responsible for the appropriateness,
accuracy, sufficiency, correctness, veracity, completeness, or timeliness of
such thoughts and opinions. Member acknowledges that Member should always use
caution when posting any personally identifying information about Member or
Member's associates on the FOS Web Site, the Member Web Site, or any other user
Web sites.
7.
Member
Conduct
Member's
right to use the Service is personal to Member and Member's organization and
its employees (if applicable). Member, and not FOS, is entirely responsible for
all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Member Content") posted via the
Service. Member, and not FOS, is also responsible for compliance with all laws,
regulations and ordinances connected with all aspects of Member's use of the
Service. Member shall not use the Service for any illegal purpose in violation
of any local, state, federal or international law. Member must provide all
required and appropriate warnings, information and disclosure, comply with all
applicable laws and regulations, and take all other required and appropriate
actions (collectively, "Information and Actions") in connection with
Member's use of the Service. If the Service does not provide adequate facility
or features for Member to provide such Information and Actions, then Member
shall not use the Service.
FOS
does not control the Member Content posted via the Service and as such, does
not guarantee the accuracy, integrity or quality of such content. FOS reserves
the right, but is not obligated to review the Member Content posted via the
Service and to refuse or remove any such materials in its sole discretion,
without notice at any time. FOS also reserves the right to disclose any
information or materials as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or remove any information or materials, in whole or in part, from the Member
Content in FOS's sole discretion. With respect to the content on the Member Web
Site, Member agrees not to:
- post, upload or otherwise
transmit any content which is misleading to others or impersonate any
person or entity or falsely state or otherwise misrepresent Member's
affiliation with a person or entity to others, including, but not limited
to, consumers;
- post, upload or otherwise
transmit any content that is inappropriate, harmful to minors,
threatening, abusive, harassing, tortious, defamatory, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- post, upload or otherwise
transmit any content that Member does not have a right to post and
transmit under any law or under contractual or fiduciary relationships
(such as information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- post, upload or otherwise
transmit any content, such that such posting, uploading, or transmission
constitutes the infringement of any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- post, upload or otherwise
transmit any materials that contain software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment and/or attempt to access the accounts of
others, or attempt to penetrate security measures of FOS, its vendors or
suppliers or other entities' systems ("hacking"), whether or
not the intrusion results in corruption or loss of data;
- post, upload or otherwise
transmit any materials that impose an unreasonable or disproportionately
large load on FOS's infrastructure that exceed the limits provided by the
Service for which Member registered;
- post, upload or transmit any
unsolicited or unauthorized advertising, promotional materials,
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
- interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service;
- intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated
by the U.S. Securities Exchange Commission, any rules of national or
other securities exchange, including without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- forge any headers or other
manipulation of identifiers in order to disguise the origin of any
content transmitted through the Service;
- promote or provide
instructional information about illegal activities, promote physical harm
or injury against any group or individual, or promote any act of cruelty
to animals; or
- sell, distribute, disseminate
or link to any sites for marketing, sales, distribution of: firearms,
explosives, ammunition, liquor, tobacco products and any other products
or services that (i) Member cannot legally sell, (ii) are misrepresented,
and/or (iii) if sold via the Member Web Site could cause FOS to violate
any law, statute or regulation.
8.
Third
Party Content
For
Member's convenience, the Service, which includes the FOS Web Site, contains
products, services, content and information from third party providers (which
includes advertisers and affiliates) and/or links to their Web sites
("Third Party Content"). Such Third Party Content is not under the
control of FOS and FOS is not responsible for such content, including, without
limitation, any link contained in such content, or any changes or updates to
such content. FOS is under no obligation, but does reserve the right to
pre-screen Third Part Content available on the Service and does not assume any
responsibility or liability for the content provided by others. FOS is
providing such Third Party Content to Member only as a convenience, and the
inclusion of such content does not imply endorsement by FOS of such content or
the affiliate or advertiser. Member may be subject to additional and/or
different terms, conditions, and privacy policies when using third party
products, services, content, software, or sites. FOS does reserve the right to
remove content that, in FOS's judgment, does not meet its standards, but FOS is
not responsible for any failure or delay in removing such material.
FOS
is not and will not be responsible for (i) the terms and conditions of any
transaction between Member and any third party, (ii) any insufficiency of or
problems with any such third party's background, insurance, credit or
licensing, or (iii) the quality of services performed by any such third party
or any other legal liability arising out of or related to the performance of
such services. In the event that Member has a dispute with any such third
party, Member releases FOS (and its affiliates, suppliers, agents and
employees) from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
9.
DISCLAIMER
OF WARRANTIES
MEMBER
EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER'S USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK. ACTIVE AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL
CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE SERVICE, THE ACTIVE WEB SITE AND THE MEMBER WEB SITE
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B)
ACTIVE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET
MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET
MEMBER'S EXPECTATIONS.
(C)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE,
THE ACTIVE WEB SITE OR MEMBER WEB SITES IS DONE AT MEMBER'S OWN DISCRETION AND
RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.
LIMITATION
OF LIABILITY
IN
NO EVENT SHALL ACTIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF ACTIVE OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO
NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO MEMBER. IN NO EVENT SHALL ACTIVE'S AGGREGATE LIABILITY TO MEMBER
AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE
AMOUNT MEMBER ACTUALLY PAYS TO ACTIVE UNDER THIS AGREEMENT DURING THE TWELVE
(12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither FOS nor its suppliers is responsible
for any of Member's data residing on the Service or FOS's suppliers' hardware.
Member is responsible for backing-up Member's data and information that may
reside on the Service or FOS's suppliers' hardware, whether or not such
information is produced through the use of the Service. It is Member's
responsibility to take the necessary steps to ensure that Member's primary
means of business is maintained (if applicable).
11.
Proprietary
Rights to Member Content
FOS
does not claim ownership of the Member Content that Member provides to FOS
and/or places on the Member Web Site. However, Member grants FOS a worldwide,
royalty-free, non-exclusive license to (i) host, use, reproduce, modify,
distribute, transmit, combine with information provided by third parties, and
publicly display the Member Content on and through the Service and in FOS's
promotional or advertising materials (only for the limited purpose of promoting
the Service), and (ii) sublicense to third parties such Member Content to the
extent necessary for the creation and maintenance of, in part or in whole, such
Web sites. No compensation will be paid or due Member with respect to FOS's or
its sub licensee's use of the materials as licensed above. By posting messages,
uploading files, inputting data, submitting any feedback or suggestions, or
engaging in any other form of communication with or through any Member Web
site, Member warrants and represents that Member owns or otherwise controls the
rights necessary to do so and to grant FOS the license set forth above, and,
pursuant to the terms set forth in Section 13, Member will defend and indemnify
FOS and its suppliers from any third party claim related to a breach of any of
the foregoing representations and warranties.
12.
FOS
Proprietary Rights/Software Licenses
Member
acknowledges and hereby agrees that the Service and any software used in
connection with the Service (the "Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. Member further acknowledges and agrees that content contained
in sponsor advertisements or information presented to Member through the
Service, advertisers and/or Discussion Boards is protected by applicable
copyrights, trademarks, service marks, patents and other proprietary rights and
laws.
FOS
provides Member with a non-exclusive, non-transferable, limited license to use
the Software, which Member agrees to use in accordance with this Agreement.
Member may not sub-license or charge others to use or access the Software
without first obtaining written permission from FOS. The Software is owned by
FOS and/or its suppliers and is protected to the maximum extent permitted by
copyright laws and international treaty provisions. Any reproduction,
modification, creation of derivative works from or redistribution of the
Software is expressly prohibited, and may result in severe civil and criminal
penalties. The Software, its structure, sequence and organization and source
code are considered trade secrets of FOS and its suppliers and are protected by
trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE,
REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN
ANY SOFTWARE PROVIDED HEREUNDER.
13.
Indemnification
Member
agrees to indemnify and hold FOS and its suppliers, affiliates, partners,
subsidiaries and employees (collectively, the "Indemnified Parties")
harmless from any and all claims and demands, losses, liability costs and
expenses (including, but not limited to, reasonable attorneys' fees), incurred
by an Indemnified Party arising out of or related to (i) Member's breach of
this Agreement; (ii) any information (including but not limited to Member Data
and Member's publicly posted information) submitted, posted, or otherwise
provided by Member at the Member Web Site and/or to FOS and/or its affiliates;
(iii) any dispute or litigation between an Indemnified Party and a third party
caused by Member's actions; and (iv) Member's negligence or violation or
alleged violations of any rights of another. These obligations will survive any
termination of Member's relationship with FOS or Member's use of the Service.
To the fullest extent permitted by law, the foregoing indemnity will apply
regardless of any fault, negligence, or breach of warranty or contract of FOS
and/or its suppliers, affiliates, partners, subsidiaries and employees.
14.
Copyright
and Trademark Notices
All
materials of the Service and the Software (as well as the organization and
layout of the FOS Web Site) are owned and copyrighted or licensed by FOS, its
affiliates or its suppliers. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials of the Service,
which includes the FOS Web Site and/or the Software, is permitted without the
written permission of FOS. Any rights not expressly granted herein are
reserved.
15.
Modification
of the Service
FOS
reserves the right, at its sole discretion, to, at any time, modify, or
discontinue the Service, temporarily or permanently, (or any part thereof),
including the imposition of limits on certain features and services or
restriction of access to parts or all of the Service, with or without notice.
Member agrees that FOS shall not be liable to Member or to any third party for
any modification, suspension or discontinuance of the Service. Member further
agrees that FOS shall have the right to remove any Element from the Member Web
Site, with or without notice to Member, at any time at FOS's sole discretion,
if FOS discontinues offering the Element for any reason. If Member does not
agree to any such modifications, Member's sole and exclusive remedy is to
cancel Member's Account.
16.
Termination/Cancellation
of Member Account
Either
Member or FOS may terminate or cancel Member's Account at any time. Member
understands and agrees that the cancellation of Member's Account is Member's
sole right and remedy with respect to any dispute with FOS. This includes, but
is not limited to, any dispute related to, or arising out of: (1) any term of
this Agreement or FOS's enforcement or application of any such term; (2) any
policy or practice of FOS, including FOS's Privacy Policy or FOS's enforcement
or application of these policies; (3) the content available through the Service
or any change in content provided through the Service; (4) Member's ability to
access or use the Service or Member's Web Site; or (5) the amount or type of
fees, surcharges, applicable taxes, billing methods, or any change to the fees,
applicable taxes, surcharges or billing methods, if any. All other provisions
of this Agreement, which may reasonably be construed as surviving such termination,
will survive the termination of this Agreement.
FOS
may terminate Member's Web Site and/or Member's Account if FOS determines, in
FOS's sole discretion, to discontinue offering the Service. Additionally, FOS,
in its sole discretion, may terminate Member's Web Site, Member's Account or
Member's use of the Service for any reason, including, without limitation, (i)
if Member breaches this Agreement, (ii) if FOS is unable to verify or
authenticate any information that Member provides to FOS, or (iii) if FOS believes
that Member has violated or acted inconsistently with the spirit of this
Agreement. If FOS terminates Member's Account pursuant to (i), (ii) or (iii)
above, Member will forfeit all credits, pre-paid fees, and any other amounts
accruing to Member, if any, and FOS shall not be required to refund, redeem, or
pay amounts to Member upon such termination.
Upon
termination of Member's Account for any reason, Member shall remain liable for
and FOS reserves the right to (a) collect all charges, fees, commitments and
obligations incurred or accrued by Member; (b) delete any Member Content,
listings, messages or other information in connection with Member's account;
(c) prohibit Member's access to Member's Account, including without limitation
by deactivating Member's password; and (d) refuse Member future access to the
Service. In no event shall FOS be required to refund, redeem, or pay amounts to
Member upon termination of Service.
Member
may cancel Member's Account by sending an email to Customer Support or editing
service feature(s) within the Account section of the Admin site. Member will
receive a cancellation confirmation via email after FOS processes Member's
cancellation request. FOS reserves the right to collect fees, surcharges or
costs incurred before Member cancels Member's Account in addition to the
applicable cancellation fee(s).
17.
Notice
Statements,
notices and other communications to Member may be made by mail, email, postings
within Member's account or other reasonable means. FOS may also provide notices
of changes to the Agreement or other matters by displaying notices or links to
notices generally on the FOS Web Site. Member should refer to the Member
Support page of the FOS Web Site for information on how to contact and/or
provide notice to FOS.
18.
Arbitration/Jurisdiction
Member
agrees that any dispute or claim arising out of or related to the Service or
this Agreement, or the interpretation, making, performance, breach or
termination thereof, shall be finally settled by binding arbitration in Livingston
County, Michigan under the American Arbitration Association Rules by one
arbitrator appointed in accordance with said Rules. The proceedings shall be
conducted and all evidence shall be offered in the English language. Member
agrees that any claim against FOS must be filed within one (1) year of the time
such claim arose, regardless of any law to the contrary, otherwise such claim
will be barred forever.
Notwithstanding
the above, FOS may apply to any court of competent jurisdiction (i) for a
temporary restraining order, preliminary injunction or other interim or
conservatory relief as necessary, including without limitation for breach of
Section 13 (FOS Proprietary Rights/Software License) or (ii) to collect fees
due and owing from Member pursuant to this Agreement, without breach of this
arbitration agreement and without any abridgment of the powers of the
arbitrator.
This
Agreement shall be governed in all respects by the laws of the State of
Michigan, U.S.A. Such law shall be applied by the arbitrator to the merits of
any dispute or claim. For any non-arbitral action or proceeding arising out of
or related to the Service or this Agreement, both parties submit to sole and
exclusive jurisdiction and venue in the courts located in San Diego County, California
and further agree that any such action or proceeding shall be brought in a
court in Livingston County, Michigan.
A
printed version of this Agreement shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
19.
General
If
any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. FOS's
failure to exercise or enforce any right or provision of the Agreement shall
not constitute a waiver of such right or provision. Member shall not assign
this Agreement or any rights or obligations hereunder, by operation of law or
otherwise, without prior written approval of FOS, and any such attempted
assignment shall be void. FOS shall have the right to freely assign this
Agreement, and its rights and obligations hereunder, to any third party without
requiring the consent or notice of Member. Subject to the foregoing, this
Agreement shall be binding upon and inure to the benefits of the parties
hereto, their successors and permitted assigns. This Agreement sets forth the
entire understanding and agreement between FOS and Member with respect to the
subject matter hereof. The section and subsection titles in the Agreement are
for convenience only and have no legal or contractual effect. Each party is an
independent contractor and not an agent or representative of any other party.
No party shall have any right or authority to create any obligation or make any
representation or warranty in the name or on behalf of any other party. This
Agreement shall not be interpreted or construed to create an association, joint
venture or partnership between the parties or to impose any partnership
obligation or liability upon any party. The parties acknowledge and agree that
this Agreement may be entered into electronically, and without the necessity of
written signatures.
20.
Pricing
Information
Current
rates for using the Service may be obtained by going to the pricing schedule on
the FOS Web Site located at http://www.frontofficesports.com/ FOS reserves the
right to change any fees, surcharges, and/or monthly Member fees or to
institute new fees at any time.
21.
Violations
Please
report any violations of this Agreement to our customer support group
22.
Independent
Review
MEMBER
ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS
REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS
TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS
AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED
IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR
STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.