BUYERS AGREEMENT
TERMS AND CONDITIONS
You are purchasing pay-per-view sports analysis which
is not subject to any return policy. All sales are final. In order to complete
your order with
, Inc. (""), you must
click in the space provided below that you accept and agree to these terms and conditions.
1. Use of Information. You acknowledge and agree
that the information that you will receive from
or to which you will be provided access, whether through the
website (or any affiliated website) or directly, is intended solely for your entertainment
purposes, and that the information may not be used except as specifically authorized
by
in writing. Specifically, you represent and warrant that:
a. you will not use the information that you will receive
from
(regardless of whether you receive such information directly, from the
website or from any affiliated website) to make any investment or other financial
decisions, regardless of whether such decisions relating to investing in
;
b. you will not reproduce, republish, rebroadcast, retransmit,
recast or in any way distribute the information that you will receive from
(regardless of whether you receive such information directly, from the
website or from any affiliated website) anywhere, including without
limitation on the Internet (e.g., on other websites, blogs, newsgroups, chat rooms,
discussion forums, message boards and social media services such as Twitter, Facebook
and MySpace), via instant or text messaging services (whether Internet- or phone-based),
in podcasts, or in any other printed or electronic form, including without limitation
radio and television;
c. you will not provide or otherwise convey the information
that you will receive from
(regardless of whether you receive such information directly, from the
website or from any affiliated website) to any third parties; and
d. you will not attempt to reverse engineer, disassemble
or decompile the
website (or any affiliate website), nor will you create any derivative works based
upon the
website (or any affiliated website).
You also represent and warrant that you will not use information
received from
for any unlawful purpose, including without limitation any direct or indirect violation
of any municipal, local, state, federal or international law. You acknowledge and
agree that but for these various representations,
would not provide you with access to information.
2. Subscriptions. You acknowledge and agree that
payments made for any subscription access to the
website (and any affiliated websites) shall be deemed earned in full once you access
the subscription-only area of the
website (or any affiliate websites). You further acknowledge and agree that you
shall not be entitled to any refund in the event your subscription is terminated,
regardless of the reason for termination. You acknowledge and agree that all sales
are final, and that there shall be no refunds and no exchanges.
3. Account Security. As a user of the
website (and any affiliated websites), you may receive or establish an account ("Account").
You acknowledge and agree that you are solely responsible for maintaining the confidentiality
and security of your Account, and that you are not permitted to let anyone else
use your Account. You further acknowledge that you will not reveal your Account
information to anyone else or use anyone else’s Account. You also agree to immediately
notify
of any unauthorized use of your Account or any other breach of security.
4. Ownership of Intellectual Property. You acknowledge
and agree that
is and shall remain the owner of all rights, title and interest in and to the
website (and all affiliated websites) and its content, including without limitation
all designs, copyrightable material (regardless of whether such material is copyrightable
under the United States Copyright Act, the Berne Union for the Protection of Literary
and Artistic Property, the Universal Copyright Convention, and/or any of the laws
of any other nation), patentable material (regardless of whether such material is
patentable under the laws of the United States and/or any other nation), trademarks
and trade dress, droit moral, and confidential and trade secret information
(collectively, the "Intellectual Property Rights"), including without limitation
all derivatives, improvements, modifications and enhancements thereto, and all Intellectual
Property Rights associated therewith. You also acknowledge that all of the personalities
(including their names and biographies) depicted on the
website (and any affiliated websites) were created and are owned by
.
5. Confidentiality. You acknowledge that all of
the information you will receive from
, whether through the
website (or any affiliated website) or directly, is confidential and constitutes
trade secrets (the "Trade Secrets") as defined by Florida’s adoption of the Uniform
Trade Secrets Act, Florida Statutes §688.001 et seq. At all times during
your use of the
website (or any affiliated website), you shall maintain the confidentiality of the
Trade Secrets, shall hold the Trade Secrets in strict confidence, and shall not
disclose the Trade Secrets to any third party, nor use for any purpose other than
as expressly permitted by
. The obligation to maintain confidentiality shall continue for
so long as
treats the relevant information as being confidential and/or a trade secret.
6. Trademarks. You acknowledge that the various
trademarks appearing on the
website (and on any affiliated websites) are the property of their respective owners,
and nothing herein shall be deemed a license or other grant of rights to use such
trademarks.
7. Reservation of Rights. Nothing herein shall
in any way constituted or be deemed a sale or assignment of rights in, or transfer
of ownership from
to you, of any right, title and interest in and to the copyrights, patents, trade
secrets, trademarks and other rights associated with the
website (and any affiliated websites). All Intellectual Property Rights associated
with
website (and any affiliated websites) shall remain
8. Additional Representations, Warranties and Acknowledgements.
You represent and warrant that you are twenty-one (21) years of age or older.
You also acknowledge that the names of the various authors and writers who create
content for the
may have been changed to protect their privacy.
9. LIMITATIONS OF REMEDIES AND LIABILITY. EXCEPT
AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN,
DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING THE
WEBSITE (OR ANY AFFILIATED WEBSITES) AND ANY INFORMATION THAT YOU MAY RECEIVE FROM
(WHETHER DIRECTLY, FROM THE
WEBSITE OR FROM ANY AFFILIATED WEBSITE). YOUR ACCESS TO AND USE OF THE INFORMATION
ON THE
WEBSITE (OR ANY AFFILIATE WEBSITES) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY
FOR YOUR USE OF THE
WEBSITE (AND ANY AFFILIATED WEBSITES) AND ANY INFORMATION CONTAINED THEREIN, AND
SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING
FROM OR RELATED TO THE USE OF THE
WEBSITE (OR ANY AFFILIATED WEBSITES).
SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.
10. Difficulty Ascertaining Damages. You acknowledge
and agree that your breach of any of the restrictions relating to the information
you may receive from
(regardless of whether you receive such information directly, from the
website or from any affiliated website) is likely to cause
irreparable harm, and that the harm caused may not be readily ascertainable (particularly
in circumstances where you have republished or disseminated information in violation
of the restrictions contained herein). You further acknowledge and agree that if
the harm caused by your breach of the restrictions contained herein is incapable
of being ascertained with certainty, then in any court action relating to such breach,
will be entitled to recover an award of damages of not less than $5,000.00 per instance
of disclosure, publication or dissemination of information in violation of these
terms and conditions.
11. Indemnification. You agree to defend, indemnify
and hold harmless
, its officers, directors, employees, representatives, agents,
subsidiaries, affiliates and customers against any claim (including attorney’s fees
and court costs) relating in any way to any claim relating to your use of the
website (or any affiliate website), including without limitation, any claim relating
to your use of information obtained from
.
12. Termination. You may terminate your subscription
at any time prior to its expiration by providing
’s customer service with notice of your intention to terminate
your subscription. However, you acknowledge and agree, consistent with the provisions
of Section 2 above, that early termination of your subscription shall not entitle
you to a refund.
shall have the right to terminate your subscription immediately and without prior
notice in the event of a breach of any of these terms and conditions, and
shall be entitled to retain the balance of any paid subscription.
13. Survival. You acknowledge and agree that the
restrictions, limitations and remedies contained in Sections 1, 4, 5, 6, 9 and 10
shall survive termination of these terms and conditions and/or your relationship
with
.
14. General Provisions. These terms and conditions
shall be governed by and interpreted under the laws of the State of Florida (without
regard to its principles regarding conflicts of laws). The sole and exclusive venue
for any action relating to this Agreement or the parties hereto shall be in the
state or federal courts in Miami, Miami-Dade County, Florida. If any provision herein
is found to be contrary to law or otherwise invalid, void or unenforceable, it shall
be deemed omitted and shall not affect the remaining terms, which shall remain in
full force and effect. These terms and conditions may not be altered or amended
except by a written instrument signed by both parties (with any such amendments
or changes to be effective only after signed by both parties).
You represent that you have read and understood these
terms and conditions, and that you agree to be bound by these terms and conditions.