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Terms of Use Welcome to SCORE SPORTS® website (the “Site”),
owned and operated by American Soccer Company, Inc. (“SCORE”). Please read
these Terms of Use (the “Terms”) carefully, because your use of the Site
constitutes your agreement to be bound by these Terms. If
you do not agree to these Terms, you should not access or use the Site. SCORE reserves the right to change
these Terms at any time without notice, upon posting them here. For this reason, we encourage you to
review these Terms whenever you use our Site. Restrictions of Use of Materials All materials
contained in the Site are copyrighted property of SCORE. No material from the Site or any
Internet site owned, operated, licensed or controlled by us or our affiliates may
be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, For
purposes of these terms, the use of any such material on any other Web,
Internet, intranet, extranet or other site or computer environment is
prohibited. All trademarks, service
marks, trade names and trade dress are proprietary to us and may not be used by
anyone for any purpose without our express written consent. In the
event you download software from the site, the software, including any files,
images incorporated in or generated by the software, and data accompanying the
software (collectively the "Software") are licensed to you by us for
your use in connection with this Site only. We do not transfer title of the Software
to you. You own the medium on which the Software is recorded, but retain full
and complete title to the Software and all intellectual property rights
therein. You may not redistribute, sell, de-compile, reverse engineer,
disassemble or otherwise reduce the software to a human-readable form. Submissions We are
pleased to hear from our loyal fans and welcome your comments regarding our
products, including our online services. Unfortunately, our long-standing
company policy does not allow us to accept or consider creative ideas,
suggestions or materials other than those we have specifically requested. We
hope you will understand that it is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by us might seem to others
to be similar to their own creative work. Please do not send us unsolicited
original creative materials of any kind.
Forums and Public Communication "Forum"
means a chat area, bulletin board, or e-mail
function offered as part of the SCORE® presence. If you participate in a
Forum within the Site, if applicable, you must not: (i) defame, abuse, harass
or threaten others; (ii) make any bigoted, hateful or racially offensive
statements; (iii) advocate illegal activity or discuss illegal activities with
the intent to commit them; (iv) post or distribute any material that infringes
and/or violates any right of a third party or any law; (v) post or distribute
any vulgar, obscene, discourteous or indecent language or images; (vi)
advertise or sell to, or solicit others; (vii) use the Forum for commercial
purposes of any kind other than to facilitate a transaction on the Site; (viii)
post or distribute any software or other materials which contain a virus or
other harmful component; or (ix) post material or make statements that do not
generally pertain to the designated topic or theme of any chat room or bulletin
board. You shall remain solely responsible for the content of your messages and
shall indemnify and hold the Indemnified Parties harmless for the content of
such messages. We reserve the right to remove or edit content from any Forum at
any time and for any reason. User Information In the
course of your use of the Site, you may be asked to provide certain
personalized information to us (such information referred to hereinafter as
“:User Information”). Our information collection and use policies with respect
to the privacy of such User Information are set forth in our Privacy Policy which is
incorporated herein by reference. Third
Party Links Links to
other sites we think may be of interest to you are provided for your
convenience. By providing these links, we are not endorsing, sponsoring or
recommending such sites or the materials disseminated by or services provided
by them, and are not responsible for the materials, services or other
situations at or related to or from any other site. We reserve the right to
disable links from any third party sites to the Site. We make
no representations concerning the content of sites listed in any of the Site's
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality or decency of material contained in
sites listed in any search results or otherwise linked to a Site. Disclaimer THE SITE
AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND MAKES NO
REPRESENTATIONS OR WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE
SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE
SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, SCORE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING
FOR EXAMPLE, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SCORE DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE,
COMPLETE OR CURRENT. INFORMATION ON
THIS SITE IS FOR GENERAL INFORMATION AND DOES NOT CONSTITUTE ADVICE. WE WILL
NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE
OF THE SITE OR ANY OTHER SITE LINKED TO IT. THIS IS A COMPREHENSIVE LIMITATION
OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, LOSS OF
DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD
PARTIES. Limitation of Liability UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING
OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON,
THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE,
PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE
CONTENTS THEREOF. 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, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE
SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED
IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE
AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS
AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF. Termination These
terms are effective until terminated by either party. You may terminate these
terms at any time by discontinuing use of the Site and destroying all materials
obtained from any and all SCORE® web sites and all related documentation and
all copies and installations thereof, whether made under the terms of these
terms or otherwise. Your access to the Site may be terminated immediately without
notice if in SCORE®'s sole discretion you fail to comply with any term or
provision of these Terms. Miscellaneous The Terms of Use
and the relationship between you and us shall be governed by the laws of the
State of California, without regard to its conflict of laws provisions. You
agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State
of California, County of Los Angeles. . You agree to submit to the personal and
exclusive jurisdiction of the courts located within Los Angeles County in the
State of California. Our failure to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms of Use remain in full force
and effect. |
