| Terms of Use for SportJox.com
FORUMS AND PUBLIC COMMUNICATIONS
"Forum" means a chat area, message board,
instant messaging, mobile messaging or e-mail function (including,
but not limited to, electronic greeting cards) offered as
part of any Sportjox.com Site. If you participate in any Forum
within a Sportjox.com Site, you agree to follow our terms
set forth below.
You acknowledge that anything you submit to a Sportjox.com
Site by way of any Forum is routed through Sportjox.com’s
servers and the Internet and that, therefore, you have no
expectation of privacy with regard to any such submission.
You acknowledge that the Forums and features on Sportjox.com
Sites are forums for public and not private communications.
Please keep in mind that whenever you give out personal information
online, for example, via message boards or chat, that information
can be collected and used by people you don't know. We cannot
guarantee the security of any information you disclose online;
you make such disclosures at your own risk.
Users or visitors shall remain solely responsible for the
content of their messages in the Forums. We are not responsible
for the content or opinions posted or sent by users in any
Forum. You take responsibility for postings under your username
and use the information provided in the Forums at your own
risk. We reserve the right to remove or edit content from
any Forum at any time and for any reason although we have
no duty to do so.
When participating in a Forum, never assume that people are
who they say they are, know what they say they know, or are
affiliated with whom they say they are affiliated with in
any chat room, message board, or other user-generated content
area. Information obtained in a Forum may not be reliable,
and it is not a good idea to take any action, including to
trade or make any investment decisions, based solely or largely
on information you cannot confirm. We cannot be responsible
for the content or accuracy of any information, and shall
not be responsible for any trading, investment, or any other
decisions made based on such information.
HOUSE RULES
The following is a list of the House Rules of conduct for
the Sportjox.com Sites. By using the Sportjox.com Sites you
agree not to do any of the following:
1. Post, distribute, or otherwise make available or transmit
any data, text, message, or computer file that we deem to
be: (a) defamatory, abusive, harassing, insulting, threatening,
or that could be deemed to be stalking; (b) bigoted, hateful,
or racially offensive; (c) vulgar, obscene, or sexually explicit
(language or images); or that (d) encourages or advocates
illegal activity or the discussion of illegal activities with
the intent to commit them;
2. Post, distribute, or otherwise make available or transmit
any data, text, message, computer file, or other material
that infringes and/or violates any right of a third party
or any domestic or international law, rule, or regulation,
including but not limited to: (a) copyright, patent, trademark,
or other proprietary rights; (b) right of privacy (specifically,
you must not distribute another person’s personal information
of any kind without their express permission) or publicity;
(c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether
or not for profit), or solicit others or use any Forum for
commercial purposes of any kind,
4. Post, distribute, or otherwise make available or transmit
any software or other computer files that contain a virus
or other harmful component;
5. Impersonate any person or entity or misrepresent your identity
or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts,
including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms
are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices
such as copyright or trademark symbols, or modify any logos
that you do not own or have express permission to modify;
8. Post, distribute, or otherwise make available or transmit
material or make statements that do not generally pertain
to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem
appropriate, to turn over to law enforcement officials, any
material, including message, e-mail, or posting, that is in
violation of these House Rules. We also reserve the right
to remove messages, e-mails, or postings that do not pertain
to the designated topic or theme of the Forum.
We also reserve the right to comply with any order or otherwise
cooperate with law enforcement officials regarding the identification
of any user alleged to be using a Sportjox.com site in violation
of the law.
CONTENT LINKED TO ANY SPORTJOX.COM SITE
You should be aware that when you are on the Sportjox.com
Site, you could be directed to other sites that are beyond
our control. There are links to other sites from Sportjox.com
pages that take you outside of our service. For example, if
you click on a banner advertisement or a search result, the
click may take you off the Sportjox.com Site. This includes
links from advertisers, sponsors, and content partners that
may use our logo(s) as part of a co-branding relationship.
You acknowledge that when you click on a link that leaves
a Sportjox.com Site the site you will land on is not controlled
by us and different terms of use and privacy policy may apply.
By clicking on links to other sites, you acknowledge that
Sportjox.com is not responsible for those sites.
We make no representations concerning any other sites listed.
Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material
contained in sites listed in our search results or otherwise
linked to a Sportjox.com Site.
DISCLAIMER
THE MATERIALS IN THE SPORTJOX.COM SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
ON ANY SPORTJOX.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SPORTJOX.COM SITE
OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON ANY SPORTJOX.COM SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU 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.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from any Sportjox.com Site. We 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 any
Sportjox.com Site or third-party content on our sites. We
do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content.
We do 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 and third-party
content. 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.
SUBSCRIPTIONS/BILLING
Some services offered on Sportjox.com are subscription-based.
Please refer to the Member Service Agreement for the applicable
subscription-based service for specific terms and conditions
applicable thereto.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your member name(s), password(s), and your account, as
well as all activities that occur under your account. You
hereby indemnify, defend, and hold us and our affiliates and
our officers, directors, owners, agents, information providers,
licensors, and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liabilities
and costs (including reasonable attorneys' fees) incurred
by the Indemnified Parties in connection with any claim arising
out of any breach by you of these terms of use or claims arising
from your account. You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right,
at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, ANY SPORTJOX.COM SITE OR MATERIALS OR FUNCTIONS
ON ANY SUCH SITE, EVEN IF WE HAVE 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 OUR 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, OR $100 (WHICHEVER IS LESS) FOR ACCESSING
OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SPORTJOX.COM
SITE.
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