Athletics Investments LLC Terms of Use
You accept and agree to be bound by these Terms of Use when
you use any of the Sites, without limitation, when you view or access content
or videos on any of the Sites.
·
Sections
10, 11 & 12
Governing Law
,
Agreement
to Arbitrate
and
Class Action Waiver
. To help streamline the resolution of disputes, claims, and
controversies under these updated Terms of Use, as set forth in more detail
below, you now agree that both you and Athletics Investments LLC, including its
present and future subsidiaries, (collectively, "Turner") will be
obligated to arbitrate disputes, claims, and controversies that arise out of or
relate to your use of the Sites and/or the provision of content, services,
and/or technology on or through the Sites, and that any such proceedings will
be conducted only on an individual basis (and not as a class action), and under
Nevada law.
·
Section
2
User
Content
. We streamlined information
concerning the handling and use of content provided by you or others in
connection with the Sites. In some cases additional terms will apply to
portions of the Sites that collect user content.
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING
ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS
11
and
12
.
(A) Governing Terms. These Terms of Service, along with any
additional terms and conditions that are referenced herein or that are
presented elsewhere on the Site in relation to a specific service or feature
(collectively, "Terms of Service") and the
Athletics
Investments LLC Privacy Policy
,
set forth the terms and conditions that apply to your use of the AthleticsInvestments.com
Site. By using the Site, you agree to comply with all of the terms and
conditions hereof. If you do not agree to these Terms of Service, you should
not access or use the Site.
(B) Changes to Terms of Service. Athletics Investments LLC
may modify the Terms of Service, or any part thereof, or add or remove terms at
any time, and such modifications, additions or deletions will be effective
immediately upon posting. Your use of the Site after such posting shall be
deemed to constitute acceptance by you of such modifications, additions or
deletions.
(C) Changes to Site. Athletics Investments LLC may change or
discontinue any aspect, service or feature of the Site at any time, including,
but not limited to, content, hours of availability, and equipment needed for
access or use.
(D) Registration. You may be given the opportunity to
register via an online registration form to create a user account ("Your
Account") that may allow you to receive information from Athletics
Investments LLC and/or to participate in certain features on the Site such as
certain Interactive Areas. Athletics Investments LLC will use the information
you provide in accordance with the
Athletics
Investments LLC Privacy Policy
.
By registering you represent and warrant that all information that you provide
on the registration form is current, complete and accurate to the best of your
knowledge. You agree to maintain and promptly update your registration
information on the Site so that it remains current, complete and accurate.
During the registration process, you may be required to choose a password
and/or user name. You acknowledge and agree that Athletics Investments LLC may rely
on this password or user name to identify you. You shall be responsible for
protecting the confidentiality of your user name(s) or password(s), if any. You
are responsible for all use of Your Account, regardless of whether you
authorized such access or use, and for ensuring that all use of Your Account
complies fully with the provisions of these Terms of Service. (E) Equipment.
You are responsible for obtaining and maintaining all connectivity, computer
software, hardware and other equipment needed for access to and use of the Site
and all charges related to the same.
2. User Content and Conduct; Community Guidelines
The following terms apply to content submitted by users, and
user conduct, on the Site's Interactive Areas, including Athletics Investments
LLC:
(A) Interactive Areas. The Site may contain comments
sections, discussion forums, or other interactive features. You are solely
responsible for your use of any Interactive Areas and you use them at your own
risk. Interactive Areas are available for individuals aged 13 years or older.
By submitting User Content to an Interactive Area, you represent that you are
13 years of age or older and, if you are under the age of 18, you either are an
emancipated minor, or have obtained the legal consent of your parent or legal
guardian to enter into these Terms of Service, submit content, participate on
the Site, and fulfill the obligations set forth in these Terms of Service,
which forms a binding contract between you and Athletics Investments LLC.
Employees of Athletics Investments LLC, Inc. may not submit User Content
without permission from their supervisors.
(B) Community Guidelines. By submitting any User Content or
participating in an Interactive Area within or in connection with the Site, you
agree to abide by the following rules of conduct:
·
You
agree not to upload, post or otherwise transmit any User Content that:
·
violates
or infringes in any way upon the rights of others, including any statements
which may deme, harass, stalk or threaten others.
·
you
know to be lse, misleading or inaccurate.
·
contains
blatant expressions of bigotry, racism, racially or ethnically offensive
content, hate speech, abusiveness, vulgarity or pronity.
·
contains
or advocates pornography or sexually explicit content, pedophilia, incest,
bestiality, or that is otherwise obscene or lewd.
·
violates
any law or advocates or provides instruction on dangerous, illegal, or
predatory acts, or discusses illegal activities with the intent to commit them.
·
advocates
violent behavior.
·
poses
a reasonable threat to personal or public safety.
·
contains
violent images of killing or physical abuse that appear to have been captured
solely, or principally, for exploitive, prurient, or gratuitous purposes.
·
is
protected by copyright, trademark, trade secret, right of publicity or other
proprietary right without the express permission of the owner of such
copyright, trademark, trade secret, right of publicity or other proprietary
right. The burden of determining that any User Content is not protected by
copyright, trademark, trade secret, right of publicity or other proprietary
right rests with you. You shall be solely liable for any damage resulting from
any infringement of copyrights, trademarks, trade secrets, rights of publicity
or other proprietary rights or any other harm resulting from such a submission.
Any person determined by Athletics Investments LLC, in its sole discretion, to
have violated the intellectual property or other rights of others shall be
barred from submitting or posting any further material on the Site.
·
does
not generally pertain to the designated topic or theme of any Interactive Area.
·
contains
any unsolicited or unauthorized advertising or promotional materials with
respect to products or services, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation.
·
You
agree not to engage in activity that would constitute a criminal offense or
give rise to a civil liability.
·
You
agree that if necessary, you have the consent of each and every identifiable natural
person in any submission to use such persons name or likeness in the manner
contemplated by the Site.
·
You
agree that any person who appears in your submission who is a current member of
the Screen Actors Guild (SAG), the American Federation of Television and Radio
Actors (AFTRA) or any other rights society is not entitled to compensation by Athletics
Investments LLC.
·
You
agree not to impersonate any person or entity, including, but not limited to, Athletics
Investments LLC or any Athletics Investments LLC employee, or lsely state or
otherwise misrepresent your affiliation with any person or entity.
·
You
agree not to represent or suggest, directly or indirectly, Athletics
Investments LLC's endorsement of User Content.
·
You
agree not to interfere with any other user's right to privacy, including by
harvesting or collecting personally-identifiable information about the Site
users or posting private information about a third party.
·
You
agree not to upload, post or otherwise transmit any User Content, software or
other materials which contain a virus or other harmful or disruptive component.
·
You
agree not to interfere with or disrupt the Site or the servers or networks
connected to the Site, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site.
·
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purpose, any portion of the Site, use the Site, or access to the
Site.
·
You
agree not to use any service, technology or automated system to artificially
inflate the page views that your User Content receives. This includes
pay-per-click services, web "robots" and any other current or future
technologies. You also agree not to direct any third party to use these
services, technologies or automated systems on your behalf.
·
You
agree not to use any technology, service or automated system to post more User
Content than an individual could upload in a given period of time. You also
agree not to direct any third party to use these services, technologies or
automated systems on your behalf.
Any conduct that in Athletics Investments LLC's sole
discretion restricts or inhibits anyone else from using or enjoying the Site
will not be permitted. Athletics Investments LLC reserves the right in its sole
discretion to remove or edit User Content by you and to terminate Your Account
for any reason.
Athletics Investments LLC does not vouch for the accuracy or
credibility of any User Content, and does not take any responsibility or assume
any liability for any actions you may take as a result of reading User Content
posted on the Site. Through your use of Interactive Areas, you may be exposed
to content that you may find offensive, objectionable, harmful, inaccurate or
deceptive. There may also be risks of dealing with underage persons, people
acting under lse pretense, international trade issues and foreign nationals.
By using Interactive Areas, you assume all associated risks.
(C) Monitoring. Athletics Investments LLC shall have the
right, but not the obligation, to monitor User Content posted or uploaded to
the Site to determine compliance with these Terms of Service and any operating
rules established by Athletics Investments LLC and to satisfy any law,
regulation or authorized government request. Although Athletics Investments LLC
has no obligation to monitor, screen, edit or remove any of the User Content
posted or uploaded to the Site, Athletics Investments LLC reserves the right,
and has absolute discretion, to screen, edit, refuse to post or remove without
notice any User Content posted or uploaded to the Site at any time and for any
reason, and you are solely responsible for creating backup copies of and
replacing any User Content posted to the Site at your sole cost and expense. In
addition, Athletics Investments LLC may share personally identifiable
information in response to a law enforcement agency's request, or where we
believe it is necessary, or as otherwise required or permitted by law.
See
Athletics
Investments LLC Privacy Policy
.
The decision by Athletics Investments LLC to monitor and/or
modify User Content does not constitute nor shall it be deemed to constitute
any responsibility or liability in any manner on the part of Athletics
Investments LLC in connection with or arising from use by you of Interactive
Areas on the Site.
(D) License to User Content. By submitting User Content to
the Site, you automatically grant Athletics Investments LLC the royalty-free,
perpetual, irrevocable, non-exclusive right and license, but not the
obligation, to use, publish, reproduce, modify, adapt, edit, translate, create
derivative works from, incorporate into other works, distribute, sub-license
and otherwise exploit such User Content (in whole or in part) worldwide in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such User Content, without payment to you or to
any third parties.
(E) Moral Rights. If it is determined that you retain moral
rights (including rights of attribution or integrity) in the User Content, you
hereby declare that (a) you do not require that any personally identifying
information be used in connection with the User Content, or any derivative
works of or upgrades or updates thereto; (b) you have no objection to the
publication, use, modification, deletion and exploitation of the User Content
by Athletics Investments LLC or its licensees, successors and assigns; (c) you
forever waive and agree not to claim or assert any entitlement to any and all
moral rights of an author in any of the User Content; and (d) you forever
release Athletics Investments LLC, and its licensees, successors and assigns,
from any claims that you could otherwise assert against Athletics Investments
LLC by virtue of any such moral rights. You also permit any other user to
access, view, store or reproduce the User Content for that user's personal use.
(F) No Obligation. User Content submitted by you will be
considered non-confidential and Athletics Investments LLC is under no
obligation to treat such User Content as proprietary information except
pursuant to the
Athletics
Investments LLC Privacy Policy
.
Without limiting the foregoing, Athletics Investments LLC reserves the right to
use any User Content as it deems appropriate, including, without limitation,
deleting, editing, modifying, rejecting, or refusing to post it. Athletics
Investments LLC is under no obligation to edit, delete or otherwise modify User
Content once it has been submitted to Athletics Investments LLC. Athletics
Investments LLC shall have no duty to attribute authorship of User Content to
you, and shall not be obligated to enforce any form of attribution by third
parties.
3. Copyright Ownership.
The Site contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of the Site are
copyrighted as a collective work under the United States copyright laws. Athletics
Investments LLC owns copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. You may
not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. You may download copyrighted material for your personal use only. Except
as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of Athletics
Investments LLC and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be
made. You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material.
4. Third Party Content.
Athletics Investments LLC is a distributor (and not a
publisher or creator) of content supplied by third parties and users. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers
or users of the Site, are those of the respective author(s) or distributor(s)
and not of Athletics Investments LLC. Neither Athletics Investments LLC nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 6 below for the complete provisions
governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Site
represents the opinions and judgments of the respective user or information
provider not under contract with Athletics Investments LLC. Athletics
Investments LLC neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the Site by any third
party. Under no circumstances will Athletics Investments LLC be responsible or
liable, directly or indirectly, for any loss or damage caused by your use or
reliance on information obtained through the Site. Athletics Investments LLC is
not responsible for any actions or inaction on your part based on the
information that is presented on the Site. It is your responsibility to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Site. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
5. Advertisements and Promotions.
Athletics Investments LLC may run advertisements and
promotions from third parties on the Site. Your business dealings or
correspondence with, or participation in promotions of, advertisers other than Athletics
Investments LLC, and any terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party. Athletics
Investments LLC is not 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
third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. NEITHER ATHLETICS INVESTMENTS LLC, ITS PARENT, SUBSIDIARIES, ITS OTHER
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY
DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THESE TERMS OF SERVICE.
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND
OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND
IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE
OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR
DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ATHLETICS
INVESTMENTS LLC IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART
BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN
NO EVENT SHALL TURNER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED
COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST
PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY ILURE OR MALFUNCTION OR FOR
ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE
SITE OR ANY ALLEGED ILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES,
OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE ILURE, THEFT OR DESTRUCTION
OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING
OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE
THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LL UNDER ANY OTHER
CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND
EVEN IF TURNER OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE
GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER
AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE
FOR ANY ACTUAL OR ALLEGED DEMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER
USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE
ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(G) Athletics Investments LLC disclaims any and all
liability of any kind for any unauthorized access to or use of your personally
identifiable information. By accessing the Site, you acknowledge and agree to Athletics
Investments LLC's disclaimer of any such liability. If you do not agree, you
should not access or use the Site.
7. Indemnification.
You agree to defend, indemnify and hold harmless Athletics
Investments LLC, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of the Site by you or your Account. Athletics
Investments LLC reserves the right to take over the exclusive defense of any
claim for which we are entitled to indemnification under this Section. In such
event, you shall provide Athletics Investments LLC with such cooperation as is
reasonably requested by Athletics Investments LLC.
8. Termination.
Athletics Investments LLC may terminate or suspend these
Terms of Service at any time without notice to you. Without limiting the
foregoing, Athletics Investments LLC shall have the right to immediately
terminate Your Account in the event of any conduct by you which Athletics
Investments LLC, in its sole discretion, considers to be unacceptable, or in
the event of any breach by you of these Terms of Service. The provisions of
Sections 1 -- 13 shall survive termination of these Terms of Service.
9. Trademarks.
Athletics Investments LLC, its parent, subsidiaries and
affiliates, own all rights to their logos and trademarks used in connection
with the Site. All other logos and trademarks appearing on the Site are the
property of their respective owners.
10. Governing Law.
The content, data, video, and all other material and
features on the Site are presented for the purpose of providing entertainment,
news and/or information and/or promoting programs, films, music, games, and
other products and/or services that are or may become available in the United
States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out
of or in connection with your access to, and/or use of the Sites, and/or the
provision of content, services, and/or technology on or through the Sites shall
be governed by and construed exclusively in accordance with the laws and
decisions of the State of Nevada applicable to contracts made, entered into and
performed entirely therein, without giving effect to its conflict of laws provisions.
11. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY
-- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE
A LAWSUIT IN COURT.
Athletics Investments LLC and you agree that these Terms of
Use affect interstate commerce and that the Federal Arbitration Act governs the
interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out
of or in connection with your access to, and/or use of the Site, and/or the
provision of content, services, and/or technology on or through the Site, Athletics
Investments LLC or you must give the other notice of the dispute, claim, or
controversy which notice will include a brief written statement that sets forth
the name, address, and contact information of the party giving it, the cts
giving rise to the dispute, claim, or controversy and the relief requested. You
must send any such notice to Athletics Investments LLC by email to info@athleticsinvestments.com.
To the extent that Athletics Investments LLC has your contact information, it
will send any such notice to you by U.S. Mail, or otherwise to your email
address. Athletics Investments LLC and you will attempt to resolve any dispute,
claim, or controversy through informal negotiation within thirty (30) days from
the date that any notice of dispute, claim, or controversy is sent. Athletics
Investments LLC and you shall use reasonable, good ith, efforts to settle any
dispute, claim, or controversy through consultation and good ith
negotiations. After 30 days, Athletics Investments LLC or you may resort to the
other alternatives described in this Section. Notwithstanding the foregoing,
the notice and 30 day negotiation period required by this paragraph shall not
apply, however, to disputes, claims, or controversies concerning patents, copyrights,
moral rights, trademarks, and trade secrets and claims of piracy or
unauthorized use of the Sites.
Except as otherwise specifically set forth below, any
dispute, claim, or controversy of any kind between Athletics Investments LLC
and you arising under these Terms of Use or in connection with your access to,
and/or use of the Site, and/or the provision of content, services, and/or
technology on or through the Site, if unresolved through informal discussions
within thirty (30) days of receipt of notice, shall be resolved by binding
arbitration to be held in the state in which you reside. Notwithstanding the
foregoing, disputes, claims, or controversies concerning patents, copyrights,
moral rights, trademarks, and trade secrets and claims of piracy or unauthorized
use of the Site shall not be subject to arbitration.
For residents outside the United States, arbitration shall
be initiated in Las Vegas, Nevada, and Athletics Investments LLC and you agree
to submit to the personal jurisdiction of any state or federal court in Las
Vegas Nevada to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
The arbitration shall be conducted by a single arbitrator,
governed by the Commercial Arbitration Rules and the Supplementary Procedures
for Consumer Related Disputes (collectively, "AAA Rules") of the
American Arbitration Association ("AAA"), as modified by these Terms
of Use, and administered by the AAA. The AAA Rules and fee information are
available at
www.adr.org
, or by calling the AAA at 1-800-778-7879.
Athletics Investments LLC shall bear the cost of any
arbitration filing fees and arbitration fees for claims of up to $5,000, unless
the arbitrator finds the arbitration to be frivolous. You are responsible for
all other additional costs that you may incur in the arbitration including, but
not limited to attorney's fees and expert witness costs unless Athletics
Investments LLC is otherwise specifically required to pay such fees under
applicable law. For claims that total more than $5,000, the AAA Rules will
govern payment of filing fees and arbitration fees. The decision of the
arbitrator will be in writing and binding and conclusive on Athletics
Investments LLC and you, and judgment to enforce the decision may be entered by
any court of competent jurisdiction. Athletics Investments LLC and you agree
that dispositive motions, including without limitation, motions to dismiss and
motions for summary judgment will be allowed in the arbitration. The arbitrator
must follow these Terms of Use and can award the same damages and relief as a
court, including injunctive or other equitable relief and attorney's fees.
Notwithstanding the foregoing, Athletics Investments LLC and you agree not to
seek any attorney's fees and expert witness costs unless the arbitrator finds
that a claim or defense was frivolous or asserted for an improper purpose. Athletics
Investments LLC and you understand that, absent this mandatory arbitration
provision, Athletics Investments LLC and you would have the right to sue in
court and have a jury trial. Athletics Investments LLC and you further
understand that, in some instances, the costs of arbitration could exceed the
costs of litigation and the right to discovery may be more limited in
arbitration than in court.
If your claim is solely for monetary relief of $1,000 or
less, and does not include a request for any type of equitable remedy, you may
choose whether the arbitration will be conducted solely based on documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person
hearing under the AAA Rules.
You may choose to pursue your claim in small claims court
where jurisdiction and venue over Athletics Investments LLC and you otherwise
qualifies for such small claims court and where your claim does not include a
request for any type of equitable relief.
If any clause within these arbitration provisions is found
to be illegal or unenforceable, that specific clause will be severed from these
arbitration provisions, and the remainder of the arbitration provisions will be
given full force and effect. In the event some or all of these arbitration
provisions are determined to be unenforceable for any reason, or if a claim,
dispute or controversy is brought that is found by a court to be excluded from
the scope of these arbitration provisions, Athletics Investments LLC and you
agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to
any claims asserted by you against any present or future parent or affiliated
company of Athletics Investments LLC to the extent that any such claims arise
out of your access to, and/or use of the Site, and/or the provision of content,
services, and/or technology on or through the Site.
12. Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY
-- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Athletics Investments LLC and you agree that Athletics
Investments LLC and you will resolve any disputes, claims or controversies on
an individual basis, and that any claims brought under these Terms of Use in
connection with the Site will be brought in an individual capacity, and not on
behalf of, or as part of, any purported class, consolidated, or representative
proceeding. Athletics Investments LLC and you further agree that Athletics
Investments LLC and you shall not participate in any consolidated, class, or
representative proceeding (existing or future) brought by any third party
arising under these Terms of Use or in connection with the Site.
If any court or arbitrator determines that the class action
waiver set forth in this paragraph is void or unenforceable for any reason or
that arbitration can proceed on a class basis, then the disputes, claims or
controversies will not be subject to arbitration and must be litigated in
federal court located in Las Vegas, Nevada.
The terms of this provision will also apply to any claims
asserted by you against any parent or affiliated company of Athletics
Investments LLC to the extent that any such claims arise out of your access to,
and/or use of the Site, and/or the provision of content, services, and/or
technology on or through the Site.
13. Miscellaneous.
These Terms of Service and any operating rules for the Site
established by Athletics Investments LLC constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. The provisions of these Terms of Service are for the benefit of Athletics
Investments LLC, its parent, subsidiaries, other affiliates and its third party
content providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf. If you access the Site,
including its Interactive Areas, from any location other than the United
States, you accept full responsibility for compliance with all local laws. You
are also subject to United States export controls and are responsible for any
violations of United States embargoes or other federal rules and regulations
restricting exports. No waiver by either party of any breach or deult
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or deult. If any part of these Terms of Use is found by a court of competent
jurisdiction to be invalid or unenforceable, it will be replaced with language
reflecting the original purpose in a valid and enforceable manner. The
enforceable sections of these Terms of Use will remain binding upon the
parties. The section headings used herein are for convenience only and shall
not be given any legal import.
Neither Athletics Investments LLC nor you shall be liable
for damages or for delays or ilures in performance resulting from acts or
occurrences beyond their reasonable control, including, without limitation:
fire, lightning, explosion, power surge or ilure, water, acts of God, war,
terrorism, revolution, civil commotion or acts of civil or military authorities
or public enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal
body; or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, transportation
cilities, fuel or energy shortages, or acts or omissions of other common carriers.
14. Copyrights and Copyright Agent.
Athletics Investments LLC respects the rights of all
copyright holders and in this regard, Athletics Investments LLC has adopted and
implemented a policy that provides for the termination in appropriate
circumstances of users and account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Athletics Investments LLC's
Copyright Agent the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act,
17 U.S.C. 512:
1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact
the complaining party;
5. A statement that the complaining party has a good-ith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.