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Effective Date: April 22, 2010.
This page states the terms under which you may use www.iSport.com and any linked pages owned and operated by iSport. (collectively, the “Site”).
iSport, the owner of the Site (sometimes referred to below as “we” or “us”), may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Use of iSport Content
iSport authorizes you to view and access a single copy of the content available on or from the Site solely for your own use. The contents of the Site, such as text, graphics, images, logos, button icons, software and other content (collectively, "iSport Content"), are protected under both United States and foreign copyright, trademark and other laws. All iSport Content is the property of iSport or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of iSport and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the iSport Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original iSport Content on any authorized copy you make of the iSport Content. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray iSport, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any iSport logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use terminates the permission or license granted by iSport.
Restrictions on Conduct
You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Site to:
In order to ensure a safe and effective experience for all of our customers, iSport reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in iSport’s sole discretion from time to time.
iSport does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please contact our designated agent set forth below. iSport may, in its sole discretion, investigate the allegation and determine whether to remove the applicable content or take any other action. iSport has no liability or responsibility to you for performance or nonperformance of such activities.
If you set up an account using the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may change your password at any time by following the instructions provided on the Site. You may also set up a new account at your convenience. However, only one account will be issued per email address. You agree to immediately notify iSport of any unauthorized use of your account or any other breach of security known to you. You are responsible for logging out of your computer if it is accessible to others.
iSport reserves the right to refuse service, terminate your account, and remove or edit your content in its sole discretion.
We cannot control what other people do with your information, so please use common sense about the information you include in your profile and provide to other users. Review your profile settings carefully. When you publish content or information using the “everyone” setting, it means that everyone, including people who are not members of iSport, can access that information.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, and other content that you post. You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post. You understand and agree that iSport may, but is not obligated to, review the Site and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including content that in the sole judgment of iSport violates these Terms, is offensive or illegal, or violates the rights of others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or provide to iSport.
When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. By posting content to any part of the Site, you automatically grant to iSport an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose (commercial, advertising, or otherwise) and in any medium; prepare derivative works of such content, or incorporate such content into other works; and grant and authorize sublicenses of the foregoing.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not injure or violate the rights of any person or entity; and that you will indemnify iSport for all claims resulting from content you supply. You are responsible for complying with all laws applicable to any content that you submit via the Site.
Your User Profile
If you choose to create a profile on the Site, you may also create a custom URL for your profile (i.e., http://www.iSport.com/caren). We reserve the right to terminate your use of any particular URL at any time and for any reason, with or without notice. In this event, we will reassign your profile to a new URL.
Consult Your Physician
The sport-related guides, safety tips, instructional videos, and similar materials posted on the Site are provided for your convenience only and do not constitute professional advice. Consult your physician before beginning a new sport or exercise program, before participating in a sporting event, and before using any nutritional supplements or other health-related products.
Assumption of Risk and Release of Liability
The Site and the iSport Content may contain inaccuracies or typographical errors. iSport makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the iSport Content. No advice or information, whether oral or written, obtained by a user from iSport or through or from the Site shall create any warranty not expressly stated herein. iSport cannot guarantee and does not promise any specific results from use of the Site.
iSport acts as a passive conduit for the online distribution and publication of the content posted by its users, including Comments (the “User Content”). iSport takes no responsibility and assumes no liability for any User Content. iSport has no obligation to screen or monitor User Content. iSport does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users, nor does iSport endorse any opinions expressed by users. You understand that by using the Site, you may be exposed to content that is offensive, indecent, deceptive or objectionable. Because user authentication on the Internet is difficult, iSport cannot and does not confirm that each user is who he or she claims to be.
iSport is not to be considered to be an employer with respect to your use of the Site, and iSport shall not be responsible for any employment decisions, for whatever reason, made by anyone recruiting through the Site.
iSport does not endorse any of the coaches, instructors, facilities, programs, employers, recruiters, academic institutions, clubs, or other third parties who may be located using this Site. These third parties are independent contractors, and not employees or agents of iSport.
In addition, note that there are risks, including but not limited to the risk of physical harm and even death, of meeting or otherwise dealing with strangers. Some users may post information that is offensive, harmful, deceptive, or inaccurate. We expect that you will use caution and common sense when using the Site and interacting with other Site users.
IN EXCHANGE FOR THE PRIVILEGE OF USING THE SITE, YOU HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF LOSS, INJURY OR DEATH IN CONNECTION WITH THE SITE AND YOUR DEALINGS WITH THIRD PARTIES (INCLUDING OTHER USERS) WITH WHOM YOU COME IN CONTACT THROUGH THE SITE, EVEN IF ARISING FROM THE NEGLIGENCE OF ISPORT AND ITS OFFICERS, AGENTS AND/OR EMPLOYEES. YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.
YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH: (1) THE USE OF ANY CONTENT THAT YOU OBTAIN ON OR THROUGH THE SITE, INCLUDING ANY RELIANCE ON THE INTEGRITY AND ACCURACY OF SUCH CONTENT; AND (2) YOUR INTERACTIONS WITH THIRD PARTIES WITH WHOM YOU COME IN CONTACT THROUGH THE SITE.
YOU, FOR YOURSELF AND ON BEHALF OF YOUR ASSIGNEES, HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE AND HOLD HARMLESS ISPORT, AND ITS OFFICERS, AGENTS AND/OR EMPLOYEES, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY (“DAMAGES”), INCLUDING DAMAGES CAUSED BY THE NEGLIGENCE OF ISPORT AND ITS OFFICERS, AGENTS AND/OR EMPLOYEES, THAT YOU SUFFER IN CONNECTION WITH THE SITE. YOU ALSO AGREE THAT YOU, YOUR ASSIGNEES, HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES AND NEXT OF KIN WILL NOT MAKE A CLAIM AGAINST, SUE, OR ATTACH THE PROPERTY OF ISPORT (OR ITS OFFICERS, AGENTS AND/OR EMPLOYEES) ON ACCOUNT OF ANY SUCH DAMAGES.
Disclaimer of Warranty, Limitation of Damages
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ISPORT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ISPORT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ISPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED IN WRITING. ISPORT DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (OR E-MAIL SENT FROM THE SITE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL ISPORT (OR ITS OFFICERS, AGENTS AND/OR EMPLOYEES) BE LIABLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, PRODUCTS LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ISPORT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ISPORT'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND YOUR USE OF ANY CONTENT THEREON, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, PRODUCTS LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $1,000.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASE, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
Limit on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Links to Other Sites
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by iSport of the contents on such third party Web sites. iSport is not responsible for the content of linked third party Web sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Site.
Storage and Usage
Because our web space is limited, you acknowledge and agree that we may, from time to time, establish general practices and limits concerning your use of the Site, including (but not limited to) the maximum disk space and bandwidth usage allotted to each user. You agree that iSport shall not be liable for deleting or failing to store any content submitted by you.
You agree to defend, indemnify, and hold harmless iSport, its affiliates, and their respective officers, directors, shareholders, employees and agents, from and against any claims, actions or demands, including (without limitation) reasonable legal and accounting fees, that arise out of or relate to: (i) any content or other material you provide to or through the Site; (ii) your use of the Site or any content thereon; or (iii) your breach of these Terms.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Use of Information
Special Provision for Users Outside the United States
If you reside outside the United States, you consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you agree not to engage in commercial activities on the Site.
Applicable Law, Jurisdiction
The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties arising under or growing out of this Agreement, shall be governed by the internal laws of the State of California, and by the federal laws of the United States to the extent that they preempt California law, all without regard to choice-of-law provisions. The parties hereby consent to the jurisdiction of the State of California, and any disputes relating to this Agreement shall be resolved in the courts of the State of California, to the exclusion of any other jurisdiction. The parties agree that this Agreement has been entered into in Alameda, California, and hereby stipulate to venue in the Superior Court of California, County of Alameda, or the United States District Court for the Northern District of California.
If any provision of this Agreement is found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised, as the situation may require. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. You agree that this Agreement may be assigned by iSport in its sole discretion. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to this Agreement.
Modification and Termination
iSport may modify or terminate this Agreement at any time, with or without notice, for any reason.
This Agreement (together with the terms incorporated by reference) constitutes the entire agreement between you and iSport regarding your use of the Site, and supersedes any prior agreements between you and iSport for that purpose. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same provision or of any other provision.
Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and e-mail address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached via the contact form.