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Terms

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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these Terms and Conditions of Use (“Agreement”) and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this Agreement, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF FLORIDAWITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE OR JURISDICTION. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN OLDSMAR, FLORIDA AND USER HEREBY CONSENTS TO THE JURISDICTION OF SUCH COURTS.

1. This web site (“Site”) is owned and operated by The Sports Mall, LLC (“The Sports Mall”). The Site and its contents may only be accessed for personal use. No material from The Sports Mall or any web site owned, operated, licensed or controlled by The Sports Mall may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of The Sports Mall' copyright and other proprietary rights.

2. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to The Sports Mall or other respective owners which have granted The Sports Mall the right and license to use such Marks. Any use of content or descriptions, any derivative use of this Site or its contents, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.

 

3. The Sports Mall makes no warranties or representations as to the accuracy of information on this Site. The Sports Mall assumes no liability or responsibility for any errors or representations in the content of this Site. Furthermore, you understand that The Sports Mall relies on manufacturer labels and other third parties for contents of products. The Sports Mall does not represent or warrant that such information is accurate.

4. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (“External Sites”). You acknowledge that The Sports Mall is not responsible for the availability of, or the content located on or through, any External Sites. You should review the External Sites privacy policy and other terms and contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. The Sports Mall has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

6. . If you post content or submit material you grant The Sports Mall and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, modify, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant The Sports Mall, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify The Sports Mall and its affiliates from any claims resulting from any content or materials you provide hereunder.

7. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and this Agreement, the terms and conditions of the other area shall prevail. The Sports Mall may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Agreement to which you are bound.

8. You shall not transmit to The Sports Mall or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses”, “worms”, “trojan horses”, “time bombs”, “time locks”, “drop dead devices”, “traps”, “access codes”, “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example, but not limited to, (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

9. Password. You may not use your password for any unauthorized purpose or share your password with any third party.

10.  Termination. We may terminate your access to our Site for any reason.

11. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of The Sports Mall' proprietary rights in them. The Sports Mall Site pages may contain other proprietary notices and copyright information which should be observed

12.  THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE SPORTS MALL SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THE SPORTS MALL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE SPORTS MALL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

13.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE SPORTS MALL OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE SPORTS MALL OR A THE SPORTS MALL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE SPORTS MALL BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED $10 AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

 

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