Conditions of Use
All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Material") on the Site shall be and remain the property of SportFanatics or its respective owners. SportFanatics may amend these Terms at any time by posting the amended terms on this Site.
You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by SportFanatics will infringe or violate any rights of any third party. You agree to defend, indemnify and hold SportFanatics and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. SportFanatics reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.
SUBMISSIONS BY YOU
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to SportFanatics on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain SportFanatics's property. Any such disclosure or submission of Comments shall constitute an assignment to SportFanatics of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. SportFanatics will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SportFanatics is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that SportFanatics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SportFanatics will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The SportFanatics products displayed on this Site may be available through this Site or at select SportFanatics retail stores in the United States of America and foreign markets. However, SportFanatics cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized SportFanatics retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by SportFanatics at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Products offered for sale on this Site are for Your personal use only, not for re-sale. SportFanatics reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, SportFanatics business practices, applicable laws or policies.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
"SportFanatics Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations SportFanatics uses in connection with its products and services, including but not limited to SportFanatics. You may not remove or alter any SportFanatics Trademarks, or use the SportFanatics Trademarks, without SportFanatics's prior written consent. You acknowledge SportFanatics's rights in SportFanatics Trademarks and agree that any use of SportFanatics Trademarks by You shall inure to SportFanatics's sole benefit.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SportFanatics DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND SportFanatics SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SportFanatics BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT SportFanatics.COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
You agree to defend, indemnify and hold SportFanatics harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.
SportFanatics makes no representation or warranty that this Site and its Material are appropriate or available for use in locations outside the United States. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if You choose to access this Site or Material from any locations outside the United States, You do so on Your own initiative and are solely responsible for compliance with local laws.
If there is a dispute about these Terms or Your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in California in the State of California, United States of America.
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