BIGBOARD SPORTS, LLC
ACCEPTANCE OF TERMS THROUGH USE
By using this Site or by clicking “I agree”, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this Site and do not click on “I agree.” Please check this Agreement periodically for changes as the owner of this Site (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this Site constitutes an agreement to all terms and conditions set forth herein without notice to the User except by publishing on this site. Most of the credit charges will appear on your statement from BigBoard Sports, LLC.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18 years of age. If a parent or guardian wishes to permit a person under 18 to access and use this Site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this Site from any location where this material is prohibited, please exit now as you do not have proper authorization unless you have the permission of your parent or guardian.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this Site. You acknowledge and agree that all content services available on this Site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers, and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges, and to pay for all collections and/or attorney's fees resulting from any nonpayment or other breaches of these terms.
Use: Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials from this Site. Systematic retrieval data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security: You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself including, but not limited to, by keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third-party. You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the fullest extent of the law to protect its rights and the rights of its other licensors and licensees.
USA – Government Use: If you are a branch or agency of the U.S. Government, the following provision applies. This Site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R 12.212 (SEPT 1995) and are provided to the government: (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUNE 1995) and 227.7202-3 (JUNE 1995). Unpublished rights reserved under the copyright laws of the United States.
Errors and Corrections: While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we'll verify it for you.
LINKS TO OTHER WEBSITES
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this Site or communicate to the Company through this Site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. The Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant your Submission does not infringe upon the rights of any third-party.
By using features of this Site that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including, text, communications, video, software, images, sounds, data, or other information – that: (A.) is unlawful, threatening, abusive harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Site's rules or policies; (B.) infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party; (C.) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (D.) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (E.) impersonates any person or entity, including any employee or representative of this Site, its licensors or advertisers. You also agree that you shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third-party. You further agree that you shall not solicit or collect information or attempt to induce any physical contact with anyone 18 years old or younger without appropriate parental consent. This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, this Site and its agents have the right, at their sole discretion, to remove any content that, in this Site's sole judgement, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages or results, in removing such content. You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including, but not limited to, the posting of information that may violate third-party rights, that may defame a third-party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
Copyright. The Site design, text, coding, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording or otherwise, without Company's prior written permission.
Trademark. The BigBoard Sports name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of BigBoard Sports, LLC. The use or misuse of any marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
You may be transferred to online merchants or other third-party Sites through links or frames from this Site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such Sites. These other Sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this Site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third-party Sites and your usage of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representations or warranties about this Site, the suitability of the information contained on or received through use of this Site, or any service or products received through this Site. All information and use of this Site are provided “as is” without warranty of any kind. The company, advertisers and/or its licensors hereby disclaim all warranties with regard to this Site, the information contained or received through use of this Site, and any services or products received through this Site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this Site are accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Site is free of viruses or other harmful components. Your use of this Site is solely at your risk. User agrees that it has relied on no warranties, representations, or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to
you but shall apply to the maximum extent permitted by law of your jurisdiction. User warrants that it has not relied on any statements or representations regarding any products or services sold on or through this Site not printed herein purchasing any products or services through this Site or by any other means. User expressly waives and warrants that he or she has not relied on any warranties of merchantability or fitness for any purpose as to any products or services sold on this Site.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use this Site. This limitation applies whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or licensors' liability in such jurisdictions shall be limited to the maximum extent and degree permitted by the law of said jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this Site, or any services, information or products from this Site, or any violation of this Agreement. The Company reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this Site for any purpose that violates any local, state, federal or law of other nations or this Agreement, including, but not limited to, the posting of information that may violate third-party rights, that may defame a third-party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations of its agents, officers, directors, contractors or employees. In such an event, Company may disclose the User's identity on a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third-party linked Sites) is controlled by the Company from its offices within the State of Tennessee. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site. As each of these places has laws that may differ from Tennessee, by accessing this Site, without regard to conflicts of laws and principles thereof, you and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the State of Tennessee and any legal proceedings shall be conducted in English. The Company makes no representations that materials on this Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this Site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law and held to be unenforceable, the remaining provisions had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. The Company reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version. Use of this Site does not guarantee that a particular athlete will be successful in obtaining a scholarship or an opportunity to play his/her respective sport. Use of this Site is voluntary and not meant to warrant any results from its use.