TERMS OF USE
AGREEMENT WITH TERMS OF USE
These terms of use set forth the rules and conditions that apply to use of Fan-Free-Agency.com ("Terms of Use") by any individual visiting Fan-Free-Agency.com ("Visitor"). By accessing Fan-Free-Agency.com, you signify your assent to the following Terms of Use. If you do not agree, you have no right or license to access Fan-Free-Agency.com and you should not do so. In its sole, exclusive and unlimited discretion, Fan-Free-Agency.com may terminate and/or restrict the Visitor's account, and/or ban the IP address of the Visitor's account, for any reason, including any violation of these Terms of Use, or for no reason at all.
CHANGES TO TERMS OF USE
Fan-Free-Agency.com has the right to change or discontinue any aspect or feature of Fan-Free-Agency.com, including, without limitation, content, hours of availability, and equipment needed for access or use, at any time. Fan-Free-Agency.com has the right to change or modify the Terms of Use applicable to Visitor's use of Fan-Free-Agency.com, or any part thereof, or to impose new Terms of Use, including, without limitation, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, without limitation, posting on Fan-Free-Agency.com, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of Fan-Free-Agency.com by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
CONDUCT OF VISITOR AND LAWFUL USE
Visitor shall use Fan-Free-Agency.com for lawful purposes only. Visitor shall not post or transmit through Fan-Free-Agency.com any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Fan-Free-Agency.com has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in Fan-Free-Agency.com's discretion restricts or inhibits any other Visitor from using or enjoying Fan-Free-Agency.com is expressly prohibited. All of the content appearing on Fan-Free-Agency.com is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever.
INTELLECTUAL PROPERTY NOTICES
CONTRACTUAL NON-USAGE / MISAPPROPRIATION
Fan-Free-Agency.com contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, tables, charts, lists, software, photos, video, graphics, music, and sound, portions of which are owned by Fan-Free-Agency.com. The entire contents of Fan-Free-Agency.com are copyrighted as a collective work/compilation. Fan-Free-Agency.com owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in all of the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the materials on Fan-Free-Agency.com for Visitor's personal, non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Fan-Free-Agency.com. In the event of any permitted copying, redistribution or publication of such materials, no changes, in or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading such materials.
No Visitor shall in any way make any commercial use of any of the materials or intellectual property, without limitation, on Fan-Free-Agency.com, regardless of whether such is independently protected by U.S. law. That is, each and every Visitor that in any way uses any part of Fan-Free-Agency.com agrees to a contractual agreement with Fan-Free-Agency.com that the Visitor shall not use Fan-Free-Agency.com for any commercial purpose of any kind, and that all such usage shall be for entertainment purposes only. Any commercial usage of Fan-Free-Agency.com shall be in violation of this contractual agreement and any usage of such materials shall constitute misappropriation entitling Fan-Free-Agency.com to equitable relief or legal damages.
Visitor shall not upload, post or otherwise make available on Fan-Free-Agency.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, respectively, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Fan-Free-Agency.com, Visitor automatically grants or warrants that the owner of such material has expressly granted Fan-Free-Agency.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology, now known or hereafter developed, for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants Fan-Free-Agency.com the right to edit, copy, publish and distribute any material made available on Fan-Free-Agency.com by Visitor.
TRADEMARKS AND SERVICE MARKS
Team logos that appear on Fan-Free-Agency.com are the trademarks and property of THE NATIONAL BASKETBALL ASSOCIATION (NBA), MAJOR LEAGUE BASEBALL (MLB), NATIONAL FOOTBALL LEAGUE (NFL) OR THE NATIONAL HOCKEY LEAGUE (NHL) and its respective member teams. The limited use of these trademarks is intended to provide Visitors a symbolic representation of the team names and their respective players and to convey non-verbal meaning (these pictoral indicators are necessary in the case of some non-English-reading Visitors); use of these marks is therefore for utilitarian, communicative and informational media purposes only: THE USE OF THESE MARKS ON Fan-Free-Agency.com IN NO WAY INDICATES, IMPLIES OR SUGGESTS SPONSORSHIP OR ENDORSEMENT BY, OR ASSOCIATION OR AFFILIATION WITH, Fan-Free-Agency.com BY THE NATIONAL BASKETBALL ASSOCIATION (NBA), MAJOR LEAGUE BASEBALL (MLB), NATIONAL FOOTBALL LEAGUE (NFL) OR THE NATIONAL HOCKEY LEAGUE (NHL) OR THEIR RESPECTIVE MEMBER TEAMS. Besides the foregoing, and unless otherwise indicated, trademarks and service marks that appear on Fan-Free-Agency.com are owned by and property of Fan-Free-Agency.com. Fan-Free-Agency.com is the service mark and property of Learning Alliance. Any other trademarks or service marks that appear on Fan-Free-Agency.com are the property of their respective owners.
POSTINGS
NO RESPONSIBILITY OR LIABILITY FOR POSTINGS
To the extent that portions of Fan-Free-Agency.com (such as "chat rooms," "message boards," and "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT Fan-Free-Agency.com DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON Fan-Free-Agency.com, and Postings do not necessarily reflect the views of Fan-Free-Agency.com. To the fullest extent permitted by applicable laws, Fan-Free-Agency.com shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on Fan-Free-Agency.com.
MONITORING OF POSTINGS
Fan-Free-Agency.com reserves the right to monitor all Postings and to remove any which it considers in its sole discretion to be offensive or otherwise in breach of these Terms of Use.
Visitor Warrants All Necessary Rights
Visitor hereby represents and warrants that (i) Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; (ii) Visitor's Postings shall not infringe any proprietary or other rights of third parties; (iii) Visitor's Postings shall not contain any viruses or other contaminating or destructive devices or features; (iv) Visitor's Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (v) Visitor's Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Visitor Authorizes Others to Use
Visitor hereby authorizes Fan-Free-Agency.com to use, and/or authorizes others to use, all or part of Visitor's Postings in any manner, format, or medium that Fan-Free-Agency.com or such other parties see fit. Visitor shall have no claim or other recourse against Fan-Free-Agency.com for infringement of any proprietary right in Postings.
DISCLAIMER OF WARRANTIES AND DAMAGES AND LIMITATION OF LIABILITY
USE IS AT VISITOR'S RISK
SHOULD, FOR ANY REASON, THE SEARCH LOCATE UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF VISITOR'S USE OF Fan-Free-Agency.com MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. Fan-Free-Agency.com MAKES NO CLAIM THAT THIS MIGHT NOT OCCUR.
VISITOR EXPRESSLY AGREES THAT USE OF Fan-Free-Agency.com IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER Fan-Free-Agency.com, NOR ANY OF ITS EMPLOYEES, CONSULTANTS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT Fan-Free-Agency.com's SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Fan-Free-Agency.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Fan-Free-Agency.com. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS VISITOR'S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON Fan-Free-Agency.com OR ANY SITES WITH WHICH IT IS LINKED. Fan-Free-Agency.com MAY PROVIDE TECHNOLOGY AUTOMATICALLY LINKING AND/OR REFERENCING SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE Fan-Free-Agency.com HAS NO CONTROL OVER SUCH SITES AND INFORMATION, Fan-Free-Agency.com MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION, AND Fan-Free-Agency.com ASSUMES NO RESPONSIBILITIES.
NO WARRANTIES OF Fan-Free-Agency.com's SERVICE
Fan-Free-Agency.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
DISCLAIMER OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD OF ANY TYPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT Fan-Free-Agency.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
VISITOR'S WAIVER OF DAMAGES
IN NO EVENT WILL Fan-Free-Agency.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Fan-Free-Agency.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, Fan-Free-Agency.com. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Fan-Free-Agency.com.
IN ADDITION TO THE TERMS OF USE SET FORTH ABOVE, NEITHER Fan-Free-Agency.com NOR ANY OF ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Fan-Free-Agency.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NOTICE
You may give notice to Fan-Free-Agency.com (such notice shall be deemed given upon receipt) by electronic mail to webmaster@Fan-Free-Agency.com.
INDEMNIFICATION
Visitor agrees to defend, indemnify and hold harmless Fan-Free-Agency.com and its directors, officers, employees, consultants, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of Fan-Free-Agency.com.
EQUIPMENT FOR VISITOR'S USE
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, software and other equipment that is now or may in the future be necessary for access to and use of Fan-Free-Agency.com and for any/all charges related thereto.
Fan-Free-Agency.com's CONTENT
A portion of Fan-Free-Agency.com's content may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Fan-Free-Agency.com. Neither Fan-Free-Agency.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Fan-Free-Agency.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Fan-Free-Agency.com by anyone other than employee spokespersons of Fan-Free-Agency.com acting in their official capacities.
CONTROLLING LAW
These Terms of Use shall be construed in accordance with the laws of the State of Michigan, in the United States of America, without regard to principles of conflicts of laws. Any cause of action of any nature arising out these Terms of Use shall be brought in a federal or state court of competent jurisdiction within the City of Flint, Genesee County , State of Michigan, in the United States of America. Visitor hereby consents to the jurisdiction of such court and further waives any argument that any such court does not have jurisdiction over such cause of action or that venue in any such court is not appropriate or convenient.
ENTIRE AGREEMENT
These Terms of Use, and any operating rules for Fan-Free-Agency.com established by Fan-Free-Agency.com, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
HEADINGS
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
