Terms of Use
Aug 21st, 2009
IntelliSport terms and conditions for usage
- INTRODUCTION
Welcome to IntelliSport’s Web site, www.intellisport.net (the “Site”). IntelliSport provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (the “TOU”). By using the Site, you agree to be bound by the TOU. IntelliSport may, in its sole discretion, modify the TOU without notice to you. Therefore, please continue to review the TOU when using the Site. By continuing to access and use the Site after the TOU have been modified, you are agreeing to such modifications. In addition, when using particular IntelliSport services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
- DESCRIPTION OF SERVICE
The Site and the information, features and services available on the Site, including but not limited to the purchase of the information contained on the website may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to the TOU.
- REGISTRATION
You may be required to register for an account on the Site to access certain information and features offered on the Site, and you will be required to provide credit card information if you wish to purchase Services on the Site. As part of the Site registration process and as part of the account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register on the Site or otherwise provide personal or payment information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form, order form or other areas of the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to IntelliSport that is untrue, inaccurate, not current or incomplete, or if IntelliSport has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IntelliSport has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Any personal and other information you provide to IntelliSport is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.intellisport.net/privacy.html
- INFORMATIONAL PURPOSES ONLY
The Service is provided for informational purposes only. IntelliSport shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. IntelliSport shall not be responsible or liable for any decisions made in reliance on such information.
- THIRD PARTY WEB SITES
The Service may provide links to Web sites or resources outside of the Site. Because IntelliSport has no control over external sites and resources, you acknowledge and agree that IntelliSport is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of, any Web sites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Web sites. You agree that IntelliSport shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such Web sites on the Service.
- SUBMISSIONS
Any information, comments, ideas, graphics or other materials submitted by you to IntelliSport through the Site may be used or published by IntelliSport for any purpose, in any media, throughout the world and in perpetuity and without restriction or compensation to you.
- PRODUCT SALES TERMS AND CONDITIONS
a. Billing. If you wish to purchase Services on the Site, you must provide valid credit card information on the Site’s order form. By submitting such credit card information, you give us permission to charge your purchases to the credit card that you designate on the order form.
b. Cancellation and Refund Policy. We are unable to cancel or change any Service orders once they have been placed. All Service payments are non-refundable.
- MODIFICATIONS TO SERVICE
IntelliSport reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IntelliSport shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- TERMINATION
IntelliSport reserves the right, at its sole discretion, immediately and without notice to suspend or terminate the TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of the TOU or conduct by you that IntelliSport determines to be inappropriate.
- INTELLISPORT’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by IntelliSport, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part.
IntelliSport will enforce its intellectual property rights to the fullest extent of the law.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INTELLISPORT PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTELLISPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. INTELLISPORT MAKES NO WARRANTY THAT (i) THE SERVICE OR ANY INTELLISPORT PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY INTELLISPORT PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTELLISPORT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTELLISPORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELLISPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY INTELLISPORT PRODUCT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
- COPYRIGHTS AND COPYRIGHT AGENTS
IntelliSport respects the intellectual property of others, and we ask our visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by materials on the Site, please provide IntelliSport’ Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property 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 email 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;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
IntelliSport ’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
IntelliSport
633 Midvale Ave., Apt. 6
Los Angeles, CA 90024
Attn: Gary Marshall
Telephone: (650) 814-1463
By e-mail: gary@intellisport.net
- GENERAL INFORMATION
The TOU constitute the entire agreement between you and IntelliSport and govern your use of the Service, superseding any prior agreements between you and IntelliSport. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and IntelliSport shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and IntelliSport agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. The failure of IntelliSport to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed in paragraph 15 above. Please report any violations of the TOU to gary@intellisport.net.