- 3. Use of the Website. Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law, rule or regulation. The content and information posted by us on the Website may be used by you only for informational, personal or other purposes authorized by us.
- Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, on the Website without our prior written consent;
- Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
- Using a framing or similar technique without our prior written permission;
- Creating or maintaining any link from another website to any page on the Website without our prior written permission;
- Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Covering or obscuring the banner advertisements on the Website, if any, via HTML/CSS or any other means;
- Any automated use of any system, such as using scripts to alter content;
- Interfering with, disrupting, or burdening the Website or the networks, systems or services connected to the Website;
- Using any automated system or software to extract data from the Website for commercial purposes (including "screen scraping");
- Attempting to impersonate another user or person at checkout or otherwise;
- Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
- Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy- invading purposes; or
- Using the Website in a manner inconsistent with any applicable law, rule or regulation.
- 8. Property; Intellectual Property. All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) (the "Website Content") is protected by copyright, trademark, and other laws. Such Website Content is intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content, the Website, or any related software. Names, logos, taglines, icons and marks on the Website are the exclusive property of The Sports Mall and/or The Sports Mall Entities, all rights reserved. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights in and to the Website, the Website's Content and services.
- 11. Digital Millennium Copyright Act ("DMCA") Notice. We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who is found to have repeatedly infringed the copyright rights of others. If you feel that a posted message or other content is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will review such notice expeditiously and, as appropriate, remove or disable access to the material claimed to be infringing and follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, you may submit a notice of copyright infringement to us pursuant to the DMCA by completing the form available here (preferred), or otherwise by providing our designated agent with the following information by mail or email:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- 15. Limitation on liability. In no event shall the website parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, loss of goodwill, loss of reputation, cost of cover damages or intangible losses of any kind arising from your use of the properties, your inability to use the website, or the products or services available through the website, even if the website parties have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the website parties' liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of: (i) the purchase price for the item at issue, if applicable; or (ii) $10.00.
- 16. Third-Party Transactions. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees,maintenance and delivery terms relating to such transactions, are agreed to solely between the third-party seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE.
- 17. United States ("U.S.") Export Controls. Software made available to you by the Website (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- 19. Arbitration/No Class Action. Except where prohibited by law, as a condition of using the Website, you agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association. In the event that you conclusively demonstrate that your payment of such fees is cost-prohibitive, we will consider in good faith paying all or a portion of such fees on your behalf to prevent the arbitration from being cost-prohibitive. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, or the United States District Court for the District of Florida. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, or the United States District Court for the District of Florida. You agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.