ROAD9SPORTS.COM TERMS OF SERVICE
Thank you for using the beta version of road9sports.com. These Terms of Service (the “Terms”) govern your use of road9sports.com (the “Site”) and constitute a contract between you (“you”) and ROAD9SPORTS LLC (“Road9Sports”, “we”, or “us”).
IF YOU DO NOT AGREE TO ACCEPT THE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY. IF YOU ARE UNDER THE AGE OF 18, YOUR PARENTS MUST REVIEW AND ACCEPT THESE TERMS BEFORE YOU USE THIS SITE FOR ANY REASON. THIS SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13.
We may periodically change the Terms in our sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms. Please check this “Terms of Service” page for updates from time to time, as this is typically the only manner in which we will notify you of any changes to the Terms.
2. Types of Users
Depending on how you use the Site, different portions of the Terms may apply to you in different ways. If you have registered on the Site to develop or maintain a portion of the Site that is devoted to a particular team (each a “Teamsite”), you are a “Teamsite Manager” or "Coach". If you have registered on the Site to contribute Content (as defined in Section 3) or to otherwise interact with other Users (as defined below in this Section 2), you are a “Subscriber”. A "Subscriber" is also defined as a "Fan" or a "Player". If you do not register, but view the site or interact with the Site in any other way, you are a “Visitor.” If you have entered in to a separate Website Advertising Agreement with Road9Sports with respect to the Site, you are an “Advertiser.” Teamsite Managers, Coaches, Subscribers, Players, Fans, Advertisers, and Visitors, or any combination thereof, are also “Users.”
3. Ownership of Intellectual Property
The Site may contain text, data, images, code, audio, video, or some combination thereof (collectively “Content”). The Site may also utilize various types of functionality (“Functionality”). Unless otherwise expressly noted in these Terms, all Content and Functionality of the Site, including any and all copyrights, trademarks (including all associated goodwill), patent rights, trade secret rights, and all other intellectual property rights (collectively “Intellectual Property Rights”), are the property of Road9Sports or one or more of Road9Sports’S parent organizations, subsidiaries, partners, or third-party providers (collectively “Affiliates”). Except as expressly authorized by Road9Sports in writing, and except Your Content (as defined in Section 5) that does not constitute Feedback (as defined in Section 5), you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. However, you may print or download a reasonable number of copies of Road9Sports Content made available through the Site for your personal, noncommercial use, provided that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, database or directory is prohibited.
4. Registration and Your Account
5. User-uploaded Content
As partial consideration for your use of the Site in accordance with the Terms, you agree to provide reasonable feedback to Road9Sports concerning the Site, including usability data, bug reports and test results (collectively, “Feedback”). All bug reports, test results and other Feedback provided to Road9Sports by you shall be the property of Road9Sports and may be used by Road9Sports for any purpose. Due to the nature of the development work, Road9Sports provides no assurance that any specific errors or discrepancies in the Site will be corrected.
You may be allowed to participate in one or more forums, exchange messages with other Users, or otherwise transmit Content through the Site. Except for Feedback, Road9Sports does not claim ownership in original Content that you created and that you transmit through the Site (“Your Content”). By transmitting Content through the Site, you represent and warrant that you have the right to transmit such Content, and that such Content does not infringe the rights of any third party. You also grant Road9Sports a worldwide, non-exclusive, irrevocable, royalty-free license to exploit Your Content in any manner Road9Sports deems appropriate. You acknowledge that neither Road9Sports nor its Affiliates endorse any Content transmitted through the Site by you or any other Users (collectively “User Content”). You further acknowledge and agree that neither Road9Sports nor its Affiliates are responsible for any User Content, and that Road9Sports reserves the right to remove User Content, or any portion thereof, from the Site at any time in its sole discretion.
6. Notice of Copyright Infringement
It is the policy of Road9Sports to terminate the privileges of any User who infringes the copyrights of Road9Sports or others upon receipt of notification to Road9Sports by the copyright owner or the copyright owner's legal agent. If you believe that your Content has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on the Site; (C) your address, telephone number, and email address; (E) a written 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; (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Road9Sports’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Road9Sports, 2300 NW Eastes Rd., Bend, OR 97701.
7. Permitted Use of Site and Prohibited Activities
Subject to the Terms, Road9Sports grants you a limited license to access and use the Site solely to test the compatibility of the Site with one or more other products that may operate in conjunction with the Site, to evaluate the Site for the purpose of providing Feedback thereon to Road9Sports, and for your own personal, non-commercial purposes. If you are under the age of 18, or if you have not yet reached the age of majority in your jurisdiction, you may not access or use the Site in any way without first obtaining permission from your parent or legal guardian, and you may not register as a Teamsite Manager even if you have obtained permission from your parent or legal guardian. If you are under the age of 13, you may not register as Teamsite Manager or as a Subscriber even if you have obtained permission from your parent or legal guardian. Without limiting any other restrictions set forth in these Terms, in using the Site you may not:
a. Engage in, facilitate, or promote any conduct that is unlawful, tortious, or that constitutes a breach of a contract between you and a third party;
b. Engage in, facilitate, or promote any conduct that is threatening, abusive, harassing, vulgar, obscene, or invasive of another person’s privacy;
c. Engage in, facilitate, or promote any conduct that is offensive, harmful or otherwise objectionable;
d. Seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under the age of 18;
e. Solicit, collect, or transmit any private or personal information that could identify a User;
f. Use the username or password of another Teamsite Manager or Subscriber at any time, disclose your password to any third party, or allow any third party to access the Site by using your username or password, or the username and password of another Teamsite Manager or Subscriber.
g. Transmit any Content that contains false or misleading information;
h. Use any automated process to access or use the Site in any manner;
i. Modify, reverse engineer, reroute, sublicense, redistribute, or resell the Site or any portion thereof;
j. Transmit unsolicited commercial or bulk messages (“spam”);
k. Interfere with or disrupt the Site, or the servers or networks connected to the Site; or
l. Operate a business through the Site.
Road9Sports may in its sole discretion and at any time suspend, terminate, or refuse to provide User privileges with respect to the Site with or without notice.
8. Purchasing Road9Sports Items
Road9Sports may offer goods, services, or both for purchase directly through the Site (“Road9Sports Items”). To purchase one or more Road9Sports Items, you must first enter your payment method and other requested billing information (collectively “Payment Information”). We use your Payment Information only to process your payment for that particular transaction, and we do not store your Payment Information except as required by applicable law. By entering your Payment Information you represent and warrant that such Payment Information is accurate and complete, and that you are authorized to use the payment method selected. By entering your Payment Information, you further authorize Road9Sports to charge you the price listed by Road9Sports on the Site for the selected Road9Sports Items using your selected payment method. Unless otherwise provided by law or expressly stated in connection with any particular offer, all charges are non-refundable, and the costs of any returns will be at your expense.
Road9Sports attempts to describe Road9Sports Items as accurately as possible. However, Road9Sports does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a Road9Sports Item is not as described by Road9Sports on the Site, your sole remedy is to return it in unused condition. The risk of loss and title for all items purchased by you through the Site pass to you upon Road9Sports’s delivery of such items to the carrier.
Please note that the provisions of this Section 8 apply only to Road9Sports Items. Your purchases from third-party sellers, whether they are referenced on the Site or not, are governed by different terms and Road9Sports is not a party to such transactions.
9. Advertising Content
If you are an Advertiser, you further agree that:
a. All Content you submit to Road9Sports or transmit through the Site for advertising purposes (“Advertising Content”) is current, accurate, and complete;
b. Any web site referenced within or linked to from the Advertising Content, complies with all applicable laws and regulations and does not result in consumer fraud, misrepresentation, tort, breach of contract, injury, damage or harm of any kind to any person; and
c. You possess documentation that substantiates all information contained within the Advertising Content.
1. DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE SITE AND THE ROAD9SPORTS ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE SITE, ANY ROAD9SPORTS ITEMS, OR ANY COMBINATION THEREOF IS AT YOUR OWN RISK. ROAD9SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ROAD9SPORTS MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THAT THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (C) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT.
NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROAD9SPORTS OR THROUGH THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS IN THIS SECTION 10 MAY NOT APPLY TO YOU.
2. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ROAD9SPORTS NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY ROAD9SPORTS ITEMS, EVEN IF ROAD9SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, ROAD9SPORTS’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO ROAD9SPORTS DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Road9Sports, its Affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and providers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your breach of the Terms or otherwise from your use of the Site. Road9Sports reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Road9Sports in asserting any available defenses.
4. Entire Agreement
These Terms, together with any documents referred to in the Terms, constitute the entire agreement between you and Road9Sports concerning your use of the Site, and supersede any prior agreements between you and Road9Sports concerning the same subject matter. You may be subject to additional terms and conditions when you use other Road9Sports Content or services, or the Content or services of a third-party.
These Terms and your use of the Site as contemplated under the Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Road9Sports's prior written consent. Road9Sports may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
6. Road9Sports Remedies Cumulative
Road9Sports’s remedies under these Terms are cumulative, and the failure of Road9Sports to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision, or of any other right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision to the extent permitted by applicable law, and the other provisions of the Terms remain in full force and effect in order to best accomplish the original intent of the parties.
8. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. You agree that any cause of action or proceeding concerning any such dispute must be brought in Multnomah County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to such venue.
You also agree that the remedy at law for your breach or threatened breach of the Terms may, by its nature, be inadequate, and that Road9Sports will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained. You further agree that regardless of any statute or law to the contrary, any cause of action or proceeding against Road9Sports and arising out of or in connection with the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect. All references in the Terms to “Section” or “Sections” without additional identification refer to the Section or Sections of these Terms. Whenever the word “include” or the word “including” is present in the Terms, such word will be deemed to be followed by the phrase “without limitation.”
Road9Sports may send you notices by transmitting information through the Site or by using the Registration Data you provided in establishing an Account. You may contact Road9Sports by sending an email to us.
11. No Third Party Beneficiaries
Nothing in these Terms, whether express or implied, is intended or will be construed to confer on any person, other than the parties to the Terms, any right, remedy, or claim under or with respect to these Terms.