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Access Athletes

 

Terms of Use

Access Athletes, LLC Terms of Use

These Terms of Use shall apply to all websites owned and/or operated by the Access Athletes, LLC ("Access Athletes), including without limitation the website on which these Terms of Use are posted and Access Athletes subsidiary and/or affiliate entities whether or not referred to directly as Access Athletes or Access Athletes, LLC. Access Athletes maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by Access Athletes (the "Access Athletes Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and Active's Privacy Policy separately provided, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE ACCESS ATHLETES SITES AND MUST NOT ACCESS OR USE THEM. Access Athletes may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Access Athletes Sites indicates your agreement with any such changes.

You further understand and agree that any updates, enhancements or added features of any Access Athletes Sites or services shall be made part of these Terms of Use. Additionally, certain of the Access Athletes Sites may be subject to registration, processing and handling fees and/or subject to additional terms of use. You are responsible for promptly paying those fees to insure your right to access the associated Access Athletes Sites and/or services.

1. 1. Copyright.

Ownership. All content included on the Access Athletes Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of Access Athletes or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Access Athletes Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Access Athletes or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Access Athletes Sites, content, services, products or software, in whole or in part.

Permitted Use. The content and software on the Access Athletes Sites may be used as an information, entertainment, and/or shopping resource (in the future). In addition, Access Athletes hereby authorizes you to view, copy, download, and print for personal use only any Access Athletes-owned content on the Access Athletes Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by Access Athletes licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by Access Athletes, you may not duplicate, download, publish, modify or otherwise distribute the material on the Access Athletes Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the Access Athletes Sites, the Access Athletes logos or other design elements or software. Any use of the Access Athletes Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any Access Athletes Site. You agree not to modify any software for an Access Athletes Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Access Athletes Sites. You agree not to access the Access Athletes Sites by any means other than through the interface that is provided and authorized by Access Athletes.

Copyright Complaints. Access Athletes respects the intellectual property of others, and we ask our content partners and Access Athletes members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Access Athletes Sites in a way that constitutes copyright infringement, you may notify Access Athletes by providing Access Athletes's copyright agent the following information:

1. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
4. Identification of the URL or other specific location of the Access Athletes Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
5. Your name, address, telephone number and e-mail address.
6. 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.
7. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf. Access Athletes's agent for notice of claims of copyright infringement on the Access Athletes site can be reached as follows: Counsel, Access Athletes, LLC, 2707 Caves Rd.,Owings Mills, MD 21117.

2. 2. Permitted Use of Access Athletes Trademarks.

Access Athletes trademarks identify Access Athletes products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to Access Athletes. Other uses require written permission from Access Athletes, and absent such express permission, you agree not to use or display the Access Athletes trademarks in any manner. Please make such requests by e-mail to matt@AccessAthletes.com; we will evaluate your request as soon as possible.

Access Athletes's Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks” indicating Access Athletes as the identified owner for conducting such search.

3. 3. Visitor or ContributorSubmissions and Content.

Access Athletes may provide interAccess Athletes areas on the Access Athletes sites, in which users may post communications. You understand that all information (including your comment name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Access Athletes, are entirely responsible for all Content that you post, transmit or otherwise make available via the Access Athletes Sites. Under no circumstances will Access Athletes be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Access Athletes Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access Athletes does not claim ownership of any Content submitted and/or posted by you as a guest or visitor on any Access Athletes Site(s). However, by submitting and/or posting any Content to the Access Athletes Sites, you grant Access Athletes a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

In consideration of being allowed to use the Access Athletes interAccess Athletes areas and Access Athletes Sites, you agree not to:

1. impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Access Athletes.
2. use an inappropriate name of any kind when leaving a comment.
3. target or harm minors in any way.
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Access Athletes Sites.
5. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
6. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
7. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
8. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Access Athletes Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
10. interfere with or disrupt the Access Athletes Sites or servers or networks connected to the Access Athletes Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Access Athletes Sites.
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
13. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

The foregoing actions shall constitute a material breach of these Terms of Use. Access Athletes reserves the right to delete from the Access Athletes Sites any Content, or postings that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your contributor accounts with Access Athletes. You acknowledge that Access Athletes may or may not pre-screen Content, but that Access Athletes and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Access Athletes Sites. Without limiting the foregoing, Access Athletes and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Access Athletes or submitted to Access Athletes.

You understand that the technical processing and transmission of the Access Athletes Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Access Athletes Sites and software embodied within the Access Athletes Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Access Athletes and/or content providers who provide content to the Access Athletes Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Access Athletes Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Access Athletes Sites, in whole or in part, is strictly prohibited.

Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Access Athletes through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Access Athletes is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Access Athletes shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Access Athletes may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Access Athletes without any obligation of Access Athletes to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Access Athletes under any circumstances.

4. 4. Links; Third Party Services; Promotional Messages.

As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Access Athletes with respect to such sites.

In addition, you may order services or merchandise through the Access Athletes Sites from other persons not affiliated with Access Athletes ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Access Athletes Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Access Athletes makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Access Athletes, nor will Access Athletes be construed as, a party to such transactions, whether or not Access Athletes may have received some form of revenue or other remuneration in connection with the transaction. You agree that Access Athletes will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.

Access Athletes and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Access Athletes makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Access Athletes nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Access Athletes such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Access Athletes Sites and services.

5. 5. Registration and Password: Access Athletes Expert Contributors.

You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Access Athletes of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When you are given your login credentials as an expert contributor, you also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Access Athletes for the contributor bio section. If you provide any information that is untrue, inaccurate, not current or incomplete, or Access Athletes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Access Athletes has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Access Athletes Sites or related products and services (or any portion thereof). Access Athletes makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy.

Registration data and certain other information about you is subject to Access Athletes's Privacy Policy located at: http://www.accessathletes.com/legal/privacy-policy.cfm. Through your use of the Access Athletes Sites and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by Access Athletes and its affiliates.

6. 6. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ACCESS ATHLETES IS AT YOUR SOLE RISK. ACCESS ATHLETES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCESS ATHLETES AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE ACCESS ATHLETES SITES OR OTHERWISE BY ACCESS ATHLETES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ACCESS ATHLETES NOR ITS EXPERT CONTRIBUTORS, WHILE SUCH EXPERT CONTRIBUTORS ARE PARTICIPATING IN ACCESS ATHLETES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ACCESS ATHLETES ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON ACCESS ATHLETES CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON ACCESS ATHLETES.

ACCESS ATHLETES MAKES NO WARRANTY THAT THE ACCESS ATHLETES SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. ACCESS ATHLETES DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE ACCESS ATHLETES SITES. ACCESS ATHLETES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACCESS ATHLETES SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

7. 7. Limitation of Liability

ACCESS ATHLETES, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACCESS ATHLETES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE ACCESS ATHLETES SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACCESS ATHLETES SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH ACCESS ATHLETES; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACCESS ATHLETES; (E) PERSONAL INJURY NOT CAUSED BY ACCESS ATHLETES'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACCESS ATHLETES SITES; OR (H) ANY OTHER MATTER RELATING TO THE ACCESS ATHLETES SITES, OR ACCESS ATHLETES PRODUCTS OR SERVICES. YOU AGREE THAT ACCESS ATHLETES'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY ACCESS ATHLETES FROM YOU.

8. 8. Indemnification.

You agree to defend, indemnify and hold harmless Access Athletes, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of Access Athletes's services; the Access Athletes Sites; any other websites accessed from or affiliated with the Access Athletes Sites; any products purchased off of the Access Athletes Sites or websites available from or related to the Access Athletes Sites; the use by you of any training programs purchased through Access Athletes; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the Access Athletes Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

9. 9. Termination.

Access Athletes reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the Access Athletes Sites and/or any other service provided to you by Access Athletes upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that Access Athletes determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated contributor account deletions), (d) discontinuance or material modification to the Access Athletes Sites and/or Access Athletes services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with Access Athletes is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by Access Athletes as part of your use and registration of the Access Athletes Sites. Access Athletes shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to Access Athletes for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by Access Athletes in its sole discretion without any notice or liability to you. Access Athletes shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Access Athletes Sites and/or Access Athletes services.

10. 10. Applicable Law; Consent to Jurisdiction.

The Access Athletes Sites (excluding linked sites) are controlled by Access Athletes from its offices within the State of Florida and Maryland, United States of America. The Access Athletes Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida or Maryland, by accessing the Access Athletes Sites both you and Access Athletes agree that the statutes and laws of the State of Florida or Maryland, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Access Athletes Sites.

You agree that exclusive jurisdiction for any dispute with Access Athletes, or in any way relating to your use of Access Athletes, resides in the courts of the State of Florida or Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida or Maryland in connection with any dispute including any claim involving Access Athletes or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

11. 11. Miscellaneous

Access Athletes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the Access Athletes Sites and/or Access Athletes services (or any part thereof) with or without notice. Access Athletes shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Access Athletes may assign its rights and obligations under these Terms of Use and upon such assignment Access Athletes may be relieved of any further obligation hereunder.

The failure of Access Athletes to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Access Athletes may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Access Athletes Sites. Except for certain Access Athletes licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.

12. 12. Contact

Please report any violations of these Terms of Use by contacting Access Athletes, LLC, Attn: Counsel, info@accessathletes.com.

Dated: April 26, 2011

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