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InteroTech, LLC ("InteroTech"), provides the Scorebooth.com
service to you subject to the following Terms of Use ("TOU").
In addition, when using specific services, you and InteroTech
will be subject to any guidelines, policies, rules or additional
terms applicable to these services which InteroTech may communicate
to you or post from time to time. These guidelines, policies,
rules or additional terms are considered included in the
TOU.
1. DESCRIPTION OF SERVICE
Scorebooth.com currently provides users with online sports
statistics entry, maintenance, viewing, reporting, as well
as professional information and news (the "Service").
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including any new
InteroTech services, will be subject to the TOU and may be
subject to additional terms and conditions. InteroTech may
change Service features and functionality at any time and
from time to time, with or without notice. Notice of significant
changes will be posted on the Scorebooth.com Web site, which
you must review periodically. You agree that InteroTech shall
not be liable to you or any third party for any modification
of the Service.
2. WHAT YOU MUST DO TO USE THE SERVICE
In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with
such access. You must provide all equipment necessary to make
such connection to the World Wide Web, including a computer
and modem or other access device.
In addition, you must: (a) provide true, accurate, current
and complete information about yourself as prompted by the
Service's registration form and payment authorization form,
(b) maintain and promptly update such registration and payment
authorization information to keep it true, accurate, current
and complete, (c) ensure that any firewall hardware/software
that you may use allows access to the Scorebooth.com web site,
and (d) ensure your email system or provider will allow email
to be received from scorebooth.com or interotech.com.
3. YOUR OBLIGATION TO PAY FEES
You agree to pay all subscription, service and use fees,
if any, that InteroTech charges you for the Service. Such
fees will be posted on the Scorebooth.com Web site and may
be changed by InteroTech at any time and from time to time.
You also agree to pay all foreign, federal, state and local
taxes applicable to your access, use or receipt of the Service.
InteroTech may, at its option, include such taxes in the fees
charged to you, in which event you shall pay such taxes to
InteroTech.
InteroTech will not issue invoices or bills to you. You will
pay InteroTech prior to use of the Service, and/or authorize
InteroTech to charge fees directly to your credit card or
debit your checking account. Before you can complete enrollment
or renewal, you must be paid in full, or complete the payment
authorization. Fees are non-refundable after 30 days from
the date you receive your User ID and Password.
You will also be responsible to pay any and all penalties
incurred by InteroTech caused by invalid payments related
to your account due to insufficient funds (by way of example
but not limited to NSF checks, or unprocessible ACH or credit
card transactions).
4. ACCESS, PASSWORDS AND SECURITY
You may designate up to 2 users under your account and you
may provide and assign your user name and password to such
users. You agree immediately to notify InteroTech if you become
aware of any loss or theft or unauthorized use of any of your
user name(s), password(s), and/or other personal or company
identification numbers that may be assigned to you by InteroTech,
data, registration information or payment authorization information.
InteroTech agrees to exercise reasonable care to prevent
any unauthorized person or entity from gaining access to your
registration information, payment authorization information,
data, user name(s), password(s) and any other personal or
company identification numbers that may be assigned to you
by InteroTech. The security of your information and data may
be maintained through the use of data encryption, data security
protocols, passwords and other methods which InteroTech may
employ, or which InteroTech may suggest or require that you
employ from time to time. You acknowledge and agree that InteroTech
shall not be liable for any damages incurred by you or any
third party in connection with any unauthorized access to
or disclosure of such information or data resulting from your
actions or from your failure to act, or the actions or failure
to act of a third party, or the failure of electronic or other
security measures.
In order to protect the confidentiality of such information,
you agree to use software produced by third parties, including,
but not limited to, "browser" software that supports
a data security protocol compatible with the protocol used
by InteroTech. Until notified otherwise by InteroTech, you
agree to use software that supports the Secure Socket Layer
(SSL) protocol or other protocols accepted by InteroTech and
follow InteroTech's log-on procedures for Service that support
such protocols. You acknowledge that InteroTech is not responsible
for notifying you of any upgrades, fixes or enhancements to
any such software or for any compromise of data transmitted
across computer networks or telecommunications facilities,
including, but not limited to, the Internet.
For further information regarding protection and use of information,
please refer to our Privacy Policy.
5. INTEROTECH'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service, including without
limitation any of InteroTech's software that you may access
or download in connection with your use of the Service ("Software"),
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the Service or by
advertisers is protected by copyright, trademarks, service
marks, patents or other proprietary rights and laws. You agree
not to modify, rent, lease, loan, sell, distribute, copy,
sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by InteroTech for use
in accessing the Service.
6. TRADEMARK INFORMATION
"InteroTech", "Scorebooth.com", and the
InteroTech and Scorebooth.com logos and other InteroTech trademarks,
service marks, logos and product and service names that may
be used in connection with the Service or the Software (referred
to as "InteroTech marks") are trademarks of InteroTech.
You agree not to display or use the InteroTech marks for commercial
purposes without InteroTech's express prior written permission.
7. DISCLAIMER OF WARRANTIES
You acknowledge that InteroTech makes an honest effort to
keep information available for the Service accurate. However,
InteroTech can make no warranty of any kind, either expressed
or implied, regarding the quality, accuracy, or validity for
the data and/or information available. Use of information
obtained from or through the Service is at your sole risk.
You also acknowledge that the information available through
the interconnecting networks of the Internet may not be accurate.
InteroTech has no ability or authority over the Internet.
InteroTech can make no warranty of any kind, either expressed
or implied, regarding the quality, accuracy, or validity of
the data and/or information residing on or passing through
the Internet.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. INTEROTECH EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU
FURTHER EXPRESSLY AGREE THAT NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM INTEROTECH OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOU AND THAT NO ACCOUNTING, FINANCIAL OR LEGAL
ADVICE OR COUNSEL IS GIVEN OR SHALL BE DEEMED TO HAVE BEEN
GIVEN BY THE SERVICE.
8. TEMPORARY INTERRUPTION OF THE SERVICE
From time to time, the Service may be temporarily interrupted
or curtailed due to modifications, upgrades, relocation, repairs
and other similar activities necessary during the operation
and upgrade of the Service. InteroTech may post notice of
periodic interruptions of the Service or "maintenance
windows" from time to time to perform such activities
and no reduction of payments will be made in the case of such
temporary interruption of Service or "maintenance windows"
previously posted. In no event shall InteroTech be liable
for interruption or delays in transmission or errors or defects
in transmission or failure to transmit caused by causes beyond
its control, including without limitation acts of God or failure
of any Internet backbone provider. In no event shall InteroTech
be liable for any damages due to interruption of Service.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL INTEROTECH BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES
(INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE ITEM) EVEN IF INTEROTECH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU
AGREE THAT THE LIABILITY OF INTEROTECH ARISING OUT OF ANY
KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE)
IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE
AMOUNT YOU PAID FOR THE SERVICE DURING THE MOST RECENT SUBSCRIPTION
PERIOD.
InteroTech shall not be liable for any claimed damages, including
incidental and consequential damages, which may arise from
servers going off-line or being unavailable for any reason
whatsoever. Further, InteroTech shall not be responsible for
any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any
web site servers.
Under no circumstances shall InteroTech, its employees, affiliates
or contractors be liable for any direct, indirect, incidental,
special, punitive, or consequential damages that result in
any way from any: use of the Service or inability to use the
Service; access of the Internet or any part thereof; or, reliance
on or use of information, services or merchandise provided
on or through the service or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays
in operation or transmission, or any failure of performance.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. INDEMNITY
You agree to defend, indemnify and hold InteroTech harmless
from and against any and all claims, losses, liability, costs
and expenses (including but not limited to attorneys' fees)
arising from your violation of state or federal laws or regulations,
or any third party's rights, including but not limited to
infringement of any copyright, violation of proprietary right
and invasion of any privacy rights. This obligation will survive
the termination of the Service.
11. DISCONTINUATION OF SERVICE
InteroTech may, in its sole discretion, terminate your user
name(s), password(s), account(s) (or any part thereof) or
use of the Service, for any reason, including without limitation
for lack of use or if InteroTech believes that you have violated
or acted inconsistently with the letter or spirit or the TOU.
InteroTech may also, upon 90 days' prior notice, in its sole
discretion and at any time, discontinue providing the Service,
or any part thereof.
You may cancel your subscription to the Service by U.S. Mail
or by calling InteroTech by using the address and/or phone
number displayed on the Web site.
In the event that your subscription to the Service terminates,
InteroTech will retain your data for a period of 90 days,
and upon request will use commercially reasonable efforts
to return your data to you in an appropriate format selected
by InteroTech, as promptly and as is reasonably possible after
such termination. If the termination is due to your cancellation,
or due to your violation of this TOU, there may be additional
fees charged for the return of your data. Further, you agree
that InteroTech shall not be liable to you or any third party
for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that InteroTech shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because InteroTech
has no control over such sites and resources, you acknowledge
and agree that InteroTech is not responsible for the availability
of such external sites or resources and does not endorse and
is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that InteroTech
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content,
goods or services available on or through any such site or
resource.
14. NOTICES
Notices to you from InteroTech may be made by either email
or regular mail. The Service may also provide notices of changes
to the TOU or other matters by displaying notices or links
to notices to you on the Service.
15. MODIFICATIONS
The TOU may be modified by InteroTech from time to time,
and changes and/or notices will be displayed on the Web site.
You confirm your acceptance of the modification(s) by not
closing and/or by continuing to use the Service.
16. GENERAL PROVISIONS
The TOU constitutes the entire agreement between you and
InteroTech and governs your use of the Service, superceding
any prior agreements between you and InteroTech with respect
to the subject matter contained in the TOU. The TOU may only
be modified or amended as set forth above in Section 15 or
otherwise in a writing signed by InteroTech and you. The TOU
and the relationship between you and InteroTech shall be governed
by the laws of the State of Ohio without regard to its conflict
of law provisions. You and InteroTech agree to submit to the
personal and exclusive jurisdiction of the courts located
within the county of Cuyahoga, Ohio. The failure of InteroTech
to exercise or enforce any right or provision of the TOU shall
not constitute a waiver of such right or provision. If any
provision of the TOU 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
the TOU shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOU must be filed within 30 days after such
claim or cause of action arose or be forever barred. The Section
titles in the TOU are for convenience only and have no legal
or contractual effect. No person or entity that is not a party
to this TOU shall derive any rights whatsoever hereunder as
a third party beneficiary.
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