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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.
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.
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).
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.
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.
"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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.