Company Information | Sports Marketing Concepts, Inc. DBA Sports Base Online ("SBO") 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 SBO, you are expressly agreeing to comply with and be bound by the following Terms of Use and the Privacy Policy, as well as all applicable laws and regulations. We've created these Terms of Use to protect you and to ensure that SBO is secure. If you do not agree with these Terms of Use, you are not authorized to use SBO and must not access or use them. SBO may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of SBO indicates your agreement with any such changes. 1. Copyright.Ownership. All content included on SBO, such as text, graphics, logos, button icons, images, audio clips and software, is the property of SBO or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on SBO is the exclusive property of SBO and protected by U.S. and international copyright laws. All software used on SBO is the property SBO or its software suppliers and protected by U.S. and international copyright laws. Permitted Use. The content and software on SBO may be used as an information, entertainment, registration and shopping resource. In addition, SBO hereby authorizes you to view, copy, download, and print for personal use only any SBO-owned content on the SBO site. 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 SBO licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by SBO, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on SBO. Furthermore, you may not copy, reproduce or distribute the design or layout of SBO, the SBO logos or other design elements or software. Any use of SBO content not described herein is strictly prohibited. 2. Permitted Use of Active TrademarksSBO trademarks identify SBO products and services, and let the public know the source of those products and services. You may make 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. Other uses require written permission from SBO. Please make such requests by e-mail to brittany@sportsbaseonline.com; we will evaluate your request as soon as possible. 3. Links; Third Party Services; Promotional MessagesAs 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 SBO with respect to such sites. In addition, you may order services or merchandise through SBO from other persons not affiliated with Active ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on SBO. 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. SBO makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider SBO, nor will SBO be construed as, a party to such transactions, whether or not SBO may have received some form of revenue or other remuneration in connection with the transaction. You agree that SBO will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. 4. Your profile and PasswordYou are responsible for maintaining the confidentiality of your login ID and password (your "profile"). You shall be responsible for all uses of your profile, whether or not authorized by you. You agree to immediately notify SBO of any unauthorized use of your profile. 5. Disclaimer of WarrantiesYOU EXPRESSLY AGREE THAT USE OF SBO IS AT YOUR SOLE RISK. SBO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SBO 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. YOU AGREE THAT ACTIVES LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SBO FROM YOU. THE INFORMATION ON SBO IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SBO NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SBO, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SBO ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. I SBO makes no warranty that the SBO services will be uninterrupted, secure or error free. SBO does not guarantee the accuracy or completeness of any information in, or provided in connection with, SBO. SBO 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 SBO 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. Limitation of LiabilitySBO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE SBO OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SBO OR (D) PERSONAL INJURY NOT CAUSED BY SBOS GROSS NEGLIGENCE (E) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. IndemnificationYou agree to defend, indemnify and hold harmless each of SBO and its officers 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 SBO, any products purchased off of SBOs websites, your violation of these Terms and Conditions, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. 9. TerminationSBO reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your profile with or ability to access SBO upon any breach by you of the Terms of Use or upon your demonstration of conduct that SBO determines to be inappropriate. 10. Applicable Law; Consent to JurisdictionSBO (excluding linked sites) are controlled by Sports Marketing Concepts, Inc. from its offices within the State of Utah, United States of America. SBO 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 Utah, by accessing SBO both you and SBO agree that the statutes and laws of the State of Utah, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of SBO. You agree that exclusive jurisdiction for any dispute with SBO, or in any way relating to your membership or use of SBO, resides in the courts of the State of Utah and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Utah in connection with any dispute including any claim involving SBO 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. MiscellaneousThe 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. SBO may assign its rights and obligations under these Terms of Use and upon such assignment SBO may be relieved of any further obligation hereunder. You represent to SBO that you have the authority to register with SBO according to these Terms of Use. Credit Card Payment PoliciesOur Purchase PoliciesWe strive to make sure that your experience while visiting our sites is efficient, informative and pleasant. On behalf of our many client organizations, our goal is to facilitate on-line registrations, donations, membership purchases and renewals, merchandise purchases and other transactions. In many cases your transaction is subject to terms and conditions as set forth by those organizations. CurrencyAll transactions are conducted in the US Dollars, unless otherwise specified. Payment MethodsWe accept many methods of payment, including all major credit and debit cards, to accommodate your needs. Who You Are Buying FromWe facilitate on-line commerce on behalf of many client organizations. We undertake to make it very clear at each purchase point on our sites exactly from whom you are making any purchases. We do not operate as an agent for any of our client organizations and serve solely as an independent contractor for the purpose of facilitating such online transactions. Order ConfirmationIf you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. RefundsAny refunds may only be authorized by the client organization. Please contact customer service for the event or organization with whom you are transacting for assistance. Our service or processing charges are non-refundable under all circumstances. |
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