Terms of Use

 

www.SportAngeles.com - Terms of Use

 

Welcome to www.SportAngeles.com (the “Website”), operated by SportAngeles.com, LLC, a Limited

Liability Company registered in Washington State located at P.O. Box 2030, Port Angeles, WA 98362

(“SPORT”, “we”, “our”, or “us”). The Website enables anonymous browsers of the Website (“Visitors”) to learn

more about us by accessing certain portions of the Website and Visitors who are at least eighteen (18) years

of age and who affirmatively indicate their agreement to abide by these Terms of Use (the “Agreement’”), by

means of a click-through consent (“Registrants”, and collectively with Visitors, “you” or “your”), to use certain

interactive features on or purchase our products through the Website. This Agreement sets forth the terms and

conditions which govern your use of the Website.

 

Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree

to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this

Agreement, they are not authorized to use this Website.

 

SPORT reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically

to be aware of such modifications and that your continued use of the Website shall be deemed to be your

conclusive acceptance of any modified Agreement.

 

1. Registrants.

 

1.1 Capacity. Visitors may become Registrants by affirmatively accepting this Agreement in order to purchase

our products or services or make use of certain features offered through the Website, as described herein.

By clicking on the “I Accept” tab, each Registrant acknowledges that such Registrant is at least eighteen (18)

years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this

Agreement. Failure to click the “I Accept” tab will prevent an individual from becoming a Registrant.

 

1.2 Accurate Information. To the extent that any information is requested from Registrants by us, Registrants

agree to provide us with accurate, complete and current information, and to update information provided to us if

and when such information should change.

 

1.3 Charges. While use of the Website is currently free of charge, you acknowledge that we may, in our sole

discretion, decide at any time to charge for such use.

 

2. Registrant Content.

 

2.1 Content. SPORT offers Registrants the opportunity to post Content (as hereinafter defined) to the Website

about items of general interest to other Registrants and Visitors (“Registrant Content”). No of the Registrant

Content shall impose any obligation on SPORT, whether of confidentiality, attribution, or otherwise, and SPORT

shall not be liable for any use or disclosure of any such Content. SPORT in no way endorses or guarantees

that accuracy of any Registrant Content. Content posted to the Website may be subject to size and usage

limitations, and Registrants are responsible for adhering to such limitations. “Content” means text, comments,

icons, messages and other content appearing on the Website.

 

2.2 Restrictions. By posting Registrant Content to the Website, Registrants warrant and represent that (i) they

own the proprietary rights to any Registrant Content posted by them to the Website, or (ii) they have obtained

prior written consent from the owner of proprietary rights to any Registrant Content posted by them on the

Website. By posting Registrant Content on the Website, Registrants also warrant and represent that any such

Registrant Content does and will not infringe any party’s proprietary, publicity, privacy, or other rights and that

such Registrant Content is and will not be defamatory or libelous. Furthermore, Registrants agree not to post or

otherwise submit to the Website any Registrant Content that:

 

a. is fraudulent;

 

b. is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or

telecommunications equipment;

 

c. interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with

operations or services of this Website in any way;

 

d. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including

the promoting of an illegal or unauthorized copy of another person’s copyrighted work;

 

e. is patently offensive to the Website community or to us, such as Content that promotes racism, bigotry,

hatred or physical harm of any kind against any group or individual;

 

harasses or harms, or advocates the harassment or harming of another person;

 

f.

 

g. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or

solicits personally identifiable information (“PII”) from other Registrants or Visitors;

 

h. promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive,

threatening, obscene, defamatory or libelous;

 

contains restricted or password only access pages, or hidden pages or images (those not linked to or

from another accessible page);

 

i.

 

j.

 

displays pornographic or sexually explicit material of any kind;

 

k. causes us to lose (in whole or part) the services of our ISPs or other suppliers;

 

l.

 

links to materials or other content, directly or indirectly, to which the Registrant posting such material

does not have a right to link or which competes in any manner with the Website or RMA;

 

m. encourages others to violate this Agreement; or

 

n. violates any applicable local, state, national, or international law.

 

2.3 Quality and Review of Content. You acknowledge and agree that SPORT does not and shall not have any

obligation to review Registrant Content, and therefore we do not guarantee the accuracy, integrity or quality

of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening,

defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Website. However,

you acknowledge and agree that we have the absolute right to monitor all Registrant Content in our sole

discretion. In addition, you acknowledge and agree that we reserve the right to alter, edit, [refuse to post]

or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such

materials and the circumstances surrounding their transmission to any third party in order to satisfy any

applicable law, regulation, legal process or governmental request and to protect ourselves, Registrants, Visitors

or service providers. You agree that we do not have any obligation to use or respond to any Registrant Content.

You agree that you shall immediately notify SPORT in writing of any objectionable content appearing on the

Website.

 

2.4 Use. Except for Registrant Content posted by you, you may not copy, reproduce, distribute, publish, display,

perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website,

except that you may download Content from the Website as machine readable copies and/or print copies of any

web page, provided that such copies will be used for your own personal (non-commercial) use and not for the

purposes of competing in any manner with the Website or SPORT.

 

2.5 Grant of License to Registrant Content. By posting Registrant Content to the Website or by otherwise

submitting Content to us, Registrants automatically grant, and represent and warrant that they have the right

to grant to SPORT, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable,

 

fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works

of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to

the public, distribute (through multiple tiers), perform or display such Content (in whole or in part) and/or to

incorporate such Content in other works in any form, media, or technology now known or later developed, and

to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to

exercise the copyright, publicity, and any other rights over any of the materials contained in such Content for any

purpose, including for purposes of advertising and publicity on the Website and elsewhere. SPORT shall not be

limited in any way in its use, commercial or otherwise, of any such Content, and Registrants hereby waive any

moral rights in, or approval rights to, such Content. Further, we have the explicit right to incorporate any Content

posted to the Website or otherwise conveyed by any Registrant to SPORT into any further work, in any medium,

without prior consent or review, and without payment of any royalty or fee whatsoever.

 

3. Commercial Transactions.

 

3.1 Purchases. Certain products and services are offered for sale through the Website. In the event you wish

to purchase any of these products or services, you will be asked by SPORT or an authorized third party on

SPORT’s behalf to supply certain PII, including without limitation, your full name, address and credit card

information. You agree to provide SPORT or such third party with accurate, complete and current information at

all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which

governs your purchase of such product or service. You shall be responsible for all charges incurred through your

account as well as for paying any applicable taxes.

 

3.2 Payment. Your right to any product that is available for purchase through the Website is conditional on our

receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if

a charge is refunded for any reason, including charge back, you agree that we reserve the right to cancel your

order and/or suspend or terminate your account.

 

3.3 Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when

you order products offered through the Website. The risk of loss and title to such products pass to you upon

our delivery of such products to the shipping carrier. You acknowledge and agree that your only remedy for

failures, delays or interruptions with respect to the ordering of and delivery of products ordered by you through

the Website is limited to a refund for such products, in SPORT’s sole discretion. All products ordered through

the Website are acquired by you “as is” and “where is”.

 

3.4 Product Descriptions. We attempt to be as accurate as possible in describing products (including pricing)

offered for purchase through the Website; however, we do not warrant that all such descriptions are correct,

accurate, complete, reliable, current or error-free. If a product offered through the Website is not as described by

us, your sole remedy is to return it unused as in accordance with Section 3.5.

 

4. Intellectual Property.

 

4.1 Copyright. Except for Registrant Content, any Content appearing on the Website is the property of SPORT

or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and

other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell,

publish, broadcast, circulate, display or in any way exploit any such Content (including any copyrighted material,

trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for

any purpose other than for your personal, non-commercial use as set forth herein.

 

4.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button

icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks

of SPORT or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the

trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish,

distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or

distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in

any manner that is likely to cause confusion, or in any manner that disparages or discredits SPORT.

 

4.3 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright

owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If

you believe that your work has been copied and posted on the Website in a way that constitutes copyright

infringement, please provide our copyright agent with the following information: an electronic or physical

signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright

interest; a description of the copyrighted work that you claim has been infringed; a description of where the

 

material that you claim is infringing is located on the Website; your address, telephone number, and e-mail

address; a written 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; 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to

comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to

confer upon SPORT actual knowledge of facts or circumstances from which infringing material or acts are

evident. SPORT’s copyright agent for notice of claims of copyright infringement can be reached as follows:

 

Name: Agent for SportAngeles.com

 

Address: P.O. Box 2030, Port Angeles, WA 98362

Email: JLIB_HTML_CLOAKING

 

We suggest that you consult your legal advisor before filing a notice with SPORT’s copyright agent. You should

note that there can be penalties for false claims under the DMCA.

 

5. Links. SPORT and/or third parties may provide links to other websites of possible interest to you. Because we

have no control over such websites, you acknowledge and agree that we are not responsible for the availability

of such websites and do not endorse and are not responsible or liable for any content, advertising, services,

products, or other materials on or available from such websites. You also acknowledge and agree that SPORT

shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by

or in connection with the use of or reliance on any content, advertising, services, products, or other materials on

or available from such websites. All such websites shall be subject to the policies and procedures of the owner

of such websites.

 

6. DISCLAIMER OF WARRANTIES.

6.1 REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE

IS AT THEIR SOLE RISK. SPORT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO

THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING

ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT

APPERING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF

ANY CONTENT APPEARING ON THE WEBSITE. SPORT DOES NOT ENDORSE ANY OPINION, ADVICE,

OR STATEMENT MADE ON THE WEBSITE BY REGISTRANTS AND REGISTRANT CONTENT DOES NOT

IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF SPORT.

 

6.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SPORT BE LIABLE

FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH

THE WEBSITE OR CAUSED BY THE CONDUCT OF REGISTRANTS OR VISITORS. SPORT DOES NOT

GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE

OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF

OUR CONTROL.

 

6.3 EXCEPT AS EXPRESSLY PROVIDED HEREIN, SPORT MAKES NO REPRESENTATION OR

WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, SPORT DISCLAIMS

ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A

PARTICULAR PURPOSE.

 

7. LIMITATION OF LIABILITY.

 

7.1 IN NO EVENT SHALL SPORT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL

OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE

OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING WITHOUT

LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN

IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SPORT’S AGGREGATE LIABILITY TO YOU OR

ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (I) THE CUMULATIVE

AMOUNT PAID BY YOU TO SPORT WHICH GIVE RISE TO YOUR CLAIM, OR (II) $100.

 

7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE

LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL

OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7

HEREOF MAY NOT APPLY TO YOU.

 

8. Indemnification. You agree to indemnify, defend and hold SPORT harmless from any claim, expense or

demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of

your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no

circumstances will SPORT be liable in any way for the accuracy, reliability, or quality of any Registrant Content,

and that each Registrant shall hold SPORT harmless for (i) any errors or omissions in Registrant Content posted

by such Registrant, or (ii) any loss or damage of any kind incurred as a result of the use of Registrant Content

posted by such Registrant.

 

9. Third Parties. Your participation, correspondence or business dealings with any third party found on or

through the Website, regarding payment and delivery of specific products, and any other terms, conditions,

representations or warranties associated with such dealings, are solely between you and such third party. You

agree that SPORT shall not be responsible or liable for any loss, damage, or other matters of any sort incurred

as the result of such dealings.

 

10. Commercial Use. You acknowledge and agree that the Website is for the personal use of Registrants and

Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.

 

11. Privacy. SPORT is committed to safeguarding your privacy. The terms regulating the handling of PII and

other information by you in connection with the Website is described in our Privacy Policy.

 

12. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship

is intended or created between you and SPORT by this Agreement.

 

13. Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail,

postage prepaid and return receipt requested, to: SportAngeles.com, LLC, P.O. Box 2030, Port Angeles, WA

98362, Attention: AGENT, and to a Registrant at the address listed in such Registrant’s Profile. Notice shall be

deemed given seven (7) days after the date of the mailing.

 

14. Governing Law; Venue. You acknowledge and agree that this Agreement shall be governed by and

construed in accordance with the laws of the State of Washington, excluding conflict of laws provisions thereof

that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive

jurisdiction in the federal and state courts of Washington. You agree to receive service of process through

certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and

any claim that such courts are an inconvenient forum.

 

15. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be

struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically

assigned by SPORT, in its sole discretion, to a third party. Section headings are for reference purposes only and

in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect

to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This

Agreement sets forth the entire understanding and agreement between us with respect to the subject matter

hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry

out the intentions of the parties.

 

16. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at

JLIB_HTML_CLOAKING or write to us at SportAngeles.com, LLC, P.O. Box 2030, Port Angeles, WA 98362.eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee