Terms of Service
Everysport.net maintains this site for your personal entertainment,
information, education, registration, and shopping convenience.
You are encouraged to use and enjoy the Everysport.net
site, and with your use of the Everysport.net site you agree to these Terms of
Service and Legal Notices set forth below and the disclaimers and terms and
conditions stated on the Everysport.net site ("Terms of Service").
Please note that the policies, guidelines and other
conditions of sale, registration, or use at member facilities, member stores, member outlets,
partner stores, and co-branded sites may vary.
You may only download material displayed on the
Everysport.net site for non-commercial, personal use provided you also retain
all copyright, trademark and other proprietary notices contained in the
material, do not modify or alter the material and do not copy or post the
material on any network computer or broadcast the material in any media. It is
strictly prohibited to modify, transmit, distribute, reuse, repost,
"frame" or use the content of the Everysport.net site including the
text, images, audio and/or video for public or commercial purposes without
written permission from an authorized representative of Everysport.net. It is
strictly prohibited to download the images of the products for sale within this
site.
Tampering with the site, misrepresenting the identity of
a user, using buying agents or conducting fraudulent activities on the site are
prohibited.
Legal Notices
Disclaimers and Limitation of Liability
Proprietary Rights
Export
Applicable Law
Links to Third-Party Web Sites
Member Account, Password, and Security
Member Conduct
Indemnification
Termination
Disclaimers and Limitation of Liability
The Everysport.net site is
provided on an "AS IS," "as available" basis. Neither
Everysport.net nor its member facilities, affiliates, subsidiaries, or
designees nor each of their respective officers, directors, employees, agents,
third-party content providers, designers, contractors, distributors, merchants,
sponsors, licensors or the like (collectively, "associates") warrant
that use of the Everysport.net site will be uninterrupted or error-free.
Neither Everysport.net nor its associates warrant the accuracy, integrity or
completeness of the content provided on the Everysport.net site or the products
or services offered for sale on the Everysport.net site. Further,
Everysport.net makes no representation that content provided on the
Everysport.net site is applicable or appropriate for use in locations outside
of the United States. Everysport.net specifically disclaims warranties of any
kind, either expressed or implied, including but not limited to warranties of
title or implied warranties of merchantability or fitness for a particular
purpose. No oral advice or written information given by Everysport.net, nor its
associates, shall create a warranty. You expressly agree that use of the
Everysport.net site is at your sole risk.
Under no circumstances shall
Everysport.net or its associates be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or
inability to use the Everysport.net site, including but not limited to reliance
by a user on any information obtained at the Everysport.net site, or that
result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God, communications
failure, theft, destruction or unauthorized access to Everysport.net records,
programs or services. The foregoing Limitation of Liability shall apply whether
in an action of contract, negligence or other tortious action, even if an
authorized representative of Everysport.net has been advised of or should have
knowledge of the possibility of such damages. User hereby acknowledges that
this paragraph shall apply to all content, merchandise and services available
through the Everysport.net site. Because some states do not allow the exclusion
or Limitation of Liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
Prices and availability are
subject to change without notice. Errors will be corrected where discovered,
and Everysport.net reserves the right to revoke any stated offer and to correct
any errors, inaccuracies or omissions (including after an order has been
submitted).
While Everysport.net takes
steps to ensure the accuracy and completeness of product and third-party
services provided, please refer to the originator of information for details,
for example the manufacturer for complete product details.
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Proprietary Rights
Content included on or comprising the Everysport.net
site, including information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds and other material (collectively
"Content") are protected by copyrights, trademarks, patent or other
proprietary rights, and these rights are valid and protected in all forms,
media and technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. and international copyright laws, and
Everysport.net owns, to the fullest extent allowed by such laws, the copyright
in the selection, coordination, arrangement, and enhancement of such Content.
Except as expressly authorized or licensed, you may not copy, modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or
sale, lease or rental of, create derivative works from or in any way exploit
any of the Content, in whole or in part.
One or more patents are pending that apply to this site.
The Everysport.net logos and other trademarks on the
site are the property of their respective owners and are owned by, licensed to,
or, where required, used with permission by Everysport.net and may not be reproduced,
copied, or manipulated in any manner without the express, written approval of
the trademark owner.
Everysport.net does not want to receive confidential,
proprietary or trade secret information through the Everysport.net site
(excluding information relating to any order you submit). Please note that any
information, materials, suggestions, ideas or comments sent to the
Everysport.net site will be deemed non-confidential, and, by submitting any
such information, you are granting Everysport.net an irrevocable and
unrestricted license to use, modify, reproduce, transmit, display and
distribute such materials, information, suggestions, ideas or comments for any
purpose whatsoever. However, we will not use your name in connection with any
such materials, information, suggestions, ideas or comments unless we first
obtain your permission or are otherwise required by law to do so.
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Export
Certain software from the Everysport.net site may be
further subject to United States Export Controls. No such software from this
site may be downloaded or exported contrary to any such laws, which may include
prohibitions against download or export 1) into (or to a national or resident
of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which
the United States has embargoed goods; or 2) anyone on the United States
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using software,
you agree to abide by the laws, rules and regulations - including, but not
limited to the Export Administration Act and the Arms Export Control Act -
applicable to such download or use and not to transfer, by electronic
transmission or otherwise, any Content derived from Everysport.net to either a
foreign national or a foreign destination in violation of any such laws.
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Applicable Law
The Everysport.net site is created, operated and
controlled by Everysport.net in the State of Missouri, United States of
America. As such, the laws of the State of Missouri will govern these Terms of
Service without giving effect to any principles or conflicts of laws. We
reserve the right to make changes to the Everysport.net site and these Terms of
Service at any time by updating this posting. By using the Everysport.net site,
you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Terms of Service to which you are
bound.
The Web site address for the Everysport.net site is
http://www.Everysport.net
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Links to Third-Party Web Sites
The Everysport.net site contains links to other sites.
The links are meant to enable access to publicly available information to those
who are allowed to the Everysport.net site only. Everysport.net makes no
representations whatsoever about any other Web site which you may access
through the Everysport.net site. When you leave the Everysport.net site, please
understand that Everysport.net has no control over the content on that Web
site. In addition, a link to a non-Everysport.net Web site does not imply and
does not constitute sponsorship, endorsement, approval or responsibility for
the content, or the use of such third-party Web site. Everysport.net makes no
representation or warranty as to any third-party products or services. No
rights to use or copy the information on this or the third-party site are
granted or implied.
These Terms of Service represent the entire agreement
between you and Everysport.net regarding your relationship with Everysport.net
and supercede any prior statements or representations. By using the
Everysport.net site YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. If you are
dissatisfied with the Everysport.net site or any content on the Everysport.net
site or with these Terms of Service, your sole and exclusive remedy is to
discontinue using the Everysport.net site.
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Member Account, Password, and Security
To open an account, you must complete the registration
process by providing us with current, complete and accurate information as
prompted by the registration form. You will also choose a password and an
account name. You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify Everysport.net
immediately of any unauthorized use of your account or any other breach of
security.
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Member Conduct
As a condition of your use of Everysport.net, you warrant
that you will not use the Everysport.net site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You agree to abide by
all applicable local, state, national and international laws and regulations
and are solely responsible for all acts or omissions that occur under your
account or password, including the content of your transmissions through the Everysport.net
site. By way of example, and not as a limitation, you agree not to:
Indemnification
You agree to indemnify and hold Everysport.net, its member
facilities, parents, subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or conduct on
the Everysport.net site
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Termination
Everysport.net or its member facilities may terminate your
access to any part or all of the Everysport.net site and any related service(s)
at any time, with or without cause, with or without notice, effective
immediately, for any reason whatsoever.