| SPORTJOX.COM ONLINE MEMBER AGREEMENT
Welcome to Sportjox.com (the "Service").
PLEASE READ THIS MEMBER AGREEMENT (THE "AGREEMENT")
CAREFULLY BEFORE USING THIS SERVICE.
This Service is owned and operated by Watson Sports Enterprises,
LLC (referred to as "Sportjox.com," "we,"
"us," or "our" herein).
By using this Service, you show that you agree to these terms,
the Terms of Use posted on our
Web site. If you do not agree, please do not use the Service.
Please note that you will be referred to from time to time
as "Member" in this Agreement. Member is entirely
liable for all activities conducted through that Account.
We reserve the right, at our discretion, to change, modify,
add, or remove portions of this Agreement at any time. Notification
of changes to this Agreement will be posted on the Service,
or sent via e-mail or postal mail.
If any future changes to this Agreement are unacceptable to
you, or cause you to no longer be in compliance with this
Agreement, you may terminate your Account. Your continued
use of the Service following notice of changes to this Agreement
(including the Terms of Use) will mean you accept those changes.
We may change, modify, suspend, or discontinue any aspect
of the Service at any time, including, without limitation,
the availability of any Service feature, database or content,
hours of availability, or equipment needed to access the Service.
We may also impose limits on certain features or restrict
your access to parts or all of the Service, for extended periods
of time, without notice or liability.
Member is solely responsible for and must provide all telephone
and other equipment necessary to access the Service, including
without limitation Internet access software and modems.
RESTRICTIONS ON USE OF MATERIALS
All materials published by Sportjox.com (including, but not
limited to, informational resources, photographs, images,
illustrations, audio clips, and video clips (collectively,
"Content") are protected by copyright, and owned
or controlled by us, our parent or affiliated companies, or
a third-party provider. You shall abide by all copyright notices,
information, or restrictions contained in any Content accessed
through the Service.
DISCLAIMER
THE MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
SPORTJOX.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SPORTJOX.COM DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTJOX.COM
DOES NOT WARRANT OR MAKE ANY REPRE-SENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT SPORTJOX.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT,
AS A SERVICE TO USERS OF THE SPORTJOX.COM SERVICE, WE INCLUDE
LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF
THE INTERNET AND THAT SPORTJOX.COM HAS NO CONTROL OVER, AND
MAKES NO REPRE-SENTATIONS OF ANY KIND WHATSOEVER, REGARDING
THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES,
AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH
RESPECT TO SUCH WEB SITES.
Further, Sportjox.com explicitly disclaims any responsibility
for the accuracy, content, or availability of information
found on sites that link to or from Sportjox.com from third
parties not associated with Sportjox.com. Sportjox.com encourages
discretion when browsing the Internet using our or anyone
else's service. Because some sites employ automated search
results or otherwise link you to sites containing information
that may be deemed inappropriate or offensive, Sportjox.com
cannot be held responsible for the accuracy, copyright compliance,
legality, or decency of material contained in third-party
sites, and you hereby irrevocably waive any claim against
us with respect to such sites. Sportjox.com cannot ensure
that you will be satisfied with any products or services that
you purchase from a third-party site that links to or from
Sportjox.com since other shop channels are owned and operated
by independent retailers. Sportjox.com does not endorse any
of the merchandise, nor has Sportjox.com taken any steps to
confirm the accuracy or reliability of any of the information
contained in such third-party sites. Sportjox.com does not
make any representations or warranties as to the security
of any information including, without limitation, credit card
and other personal information you might be requested to give
any third party and you hereby irrevocably waive any claim
against us with respect to such sites. We strongly encourage
you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SPORTJOX.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS IN THIS SERVICE OR ANY OTHER WEB SITE, EVEN
IF SPORTJOX.COM OR A SPORTJOX.COM AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPORTJOX.COM'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THE SERVICE.
SECURITY
As part of the registration process, Members will select a
password and member name ("Member Name"). You shall
provide Sportjox.com with accurate, complete, and updated
Account information. Failure to do so shall constitute a breach
of this Agreement, which may result in immediate termination
of your Account. You may not (i) select or use a Member Name
of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person
without authorization; or (iii) use a Member Name that Sportjox.com,
in its sole discretion, deems inappropriate or offensive.
You shall notify Sportjox.com by e-mail at support@sportjox.com of any known or suspected unauthorized use(s) of your Account,
or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your password. You shall
be responsible for maintaining the confidentiality of your
password.
Each Member must be 18 years or older to establish an Account.
If Sportjox.com becomes aware that a Member Account is under
the age of 18, Sportjox.com reserves the right to cancel the
Account.
Any fraudulent, abusive, or otherwise illegal activity may
be grounds for termination of your Account, at Sportjox.com's
sole discretion, and you may be reported to appropriate law-enforcement
agencies.
PRICE AND PAYMENT
Sportjox.com reserves the right at any time to charge additional
fees for access to the Service. Sportjox.com reserves the
right to change the amount of, or basis for determining, any
fees or charges for the Service, and to institute new fees
or charges effective upon prior notice to Members. Sportjox.com
reserves the right to provide the Service at no charge for
promotional reasons or otherwise (such as a free trial).
Each Member agrees to pay all charges to the Member's Account,
including applicable taxes, in accordance with billing terms
in effect at the time the fee or charge becomes payable. Members
must provide Sportjox.com with valid credit card information
as requested during the registration process. Sportjox.com
shall charge the Member’s Account's credit card on the
date Member subscribes to the Service. Thereafter, Sportjox.com
will automatically renew and charge the Member's Account as
follows:
-Upon every six(6)-month anniversary of the first billing
date for semiannual subscriptions
-Upon every one(1)-year anniversary of the first billing date
for annual subscriptions
The renewal charge shall be equal to the original subscription
price, unless otherwise notified in advance by Sportjox.com.
You may notify Sportjox.com that you wish to cancel your subscription
at any time. Sportjox.com agrees that it will terminate your
Account upon receipt of notification from you, as described
below.
If notice of cancellation is received within the first 5 days
following the first day of the initial billing, you will be
eligible to receive a refund of all subscription fees for
the Service, but will still be obligated to pay any other
charges incurred. Your access to the Service will be canceled
immediately.
Your right to use the Service is subject to any limits established
by Sportjox.com or by your credit card issuer. If payment
cannot be charged to your credit card or your charge is returned
to Sportjox.com for any reason, including chargeback, Sportjox.com
reserves the right to either suspend or terminate your access
and Account, thereby terminating this Agreement and all obligations
of Sportjox.com hereunder.
If you have a balance due on any Member Account, you agree
that Sportjox.com can charge these unpaid fees to your credit
card. Sportjox.com reserves the right to establish a credit
limit (the "Ceiling") for each Member.
If you have reason to believe that your Account is no longer
secure (for example, in the event of a loss, theft, or unauthorized
disclosure or use of your Member Name, Password, or any credit,
debit, or charge card number stored on the Service), you must
promptly change your Password and notify Sportjox.com of the
problem (by notice given as described in the Notice section
below) to avoid possible liability for any unauthorized charges
to your Account.
PARENTAL CONSENT
Under the Children's Online Privacy Protection Act ("COPPA"),
parental consent is required for the online collection, use
and/or disclosure of personal information obtained from a
child under the age of 13. As part of the registration process
for the Service, the Member will be asked to provide a valid
credit card. By providing his or her credit card number, the
Member: (a) represents and warrants that he or she is the
parent or legal guardian of any child under the age of 13
for whom he or she allows to use the Service; and (b) agrees
to our collection, use and disclosure of personal information
in accordance with the Privacy Policy with respect to any child under the age of 13 for whom the
Member allows to use the Service.
NOTICE
The Member will submit and maintain a correct e-mail address
and other Account information. We may give notice to the Member
by means of a general notice on the Service, electronic mail
to your e-mail address on record in our Account information,
or by written communication sent by first-class mail to your
address on record in our Account information. You may give
notice to Sportjox.com. Such notice shall be deemed given
when received by Sportjox.com at any time by e-mail at support@sportjox.com or by first-class mail at 217 N. Seminary St., Florence, AL, 35630. Attn: Blue Olive.
JURISDICTIONAL ISSUES
This Service is controlled and operated by Sportjox.com from
its offices within the State of Alabama, United States of
America. Sportjox.com makes no representation that materials
in the Service are appropriate or available for use in other
locations. Those who choose to access this Service 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.
TERMINATION OF SERVICE
This Agreement is effective until terminated by either party.
You may terminate this Agreement and your right to use the
Service at any time by submitting an email to cancel@sportjox.com.
Upon cancellation you will no longer have access to your Member Account. Sportjox.com may terminate
your Account or access rights to this Service immediately
without notice if in Sportjox.com’s sole discretion
you fail to comply with any term or provision of this Agreement
(including the Terms of Use and House Rules).
OTHER
This Agreement shall be governed by and construed in accordance
with the laws of the State of Alabama, without giving effect
to any principles of conflicts of law. If any provision of
this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severed
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 subject matter
herein and shall not be modified except in writing other than
as provided below.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter contained herein
and supersedes all previous and contemporaneous agreements,
proposals, and communications, written or oral, between Sportjox.com
representatives and you. Sportjox.com may amend or modify
this Agreement or impose new conditions at any time upon notice
from Sportjox.com to you as described in the Section titled
"Notice" above. Any use of the Service by you after
such notice shall be deemed to constitute acceptance by Member
of such amendments, modifications, or new conditions.
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