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Touchdown Sportswear & Promotions
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WEB SITE TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may use this Web
Site. Please read this page carefully. If you do not accept the Terms and Conditions
stated here, do not use the Web Site. Company may revise these Terms and Conditions
at any time by updating this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material.
The Company authorizes you to view and download a single
copy of the material on this Web site ("Web Site") solely for your personal, noncommercial
use. Special rules may apply to the use of certain software and other items provided
on the Web Site. Any such special rules are listed as "Legal Notices" on this
Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material
("Material"),
are protected by copyright under both United States and foreign laws. Unauthorized
use of the Material may violate copyright, trademark, and other laws. You must
retain all copyright and other proprietary notices contained in the original
Material on any copy you make of the Material. You may not sell or modify the
Material or reproduce, display, publicly perform, distribute, or otherwise
use the Material in any way for any public or commercial purpose. The use of
the Material on any other Web site or in a networked computer environment for
any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically
terminates and you must immediately destroy any copies you have made of the
Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical
errors. Company makes no representations about the accuracy, reliability, completeness,
or timeliness of the Material or about the results to be obtained from using the
Web Site and the Material. The use of the Web Site and the Material is at your
own risk. Changes are periodically made to the Web Site and may be made at any
time.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT
THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS,
AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB
SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered to
be non-confidential. If particular Web pages permit the submission of communications
which will be treated by Company as confidential, that fact will be stated
in "Legal Notices" on
those pages. By posting communications to the Web Site, you automatically grant
Company a royalty-free, perpetual, irrevocable nonexclusive license to use,
reproduce, modify, publish, edit, translate, distribute, perform, and display
the communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things:
Post material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another User or any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid schemes;
or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of any of communications posted by other Users or endorse any
opinions expressed by Users. You acknowledge that any reliance on material posted
by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible
for screening or monitoring material posted by Users. If notified by a User of
communications which allegedly do not conform to this Agreement, Company
may investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the Communication. Company has
no liability or responsibility to Users for performance or nonperformance
of such activities. Company reserves
the right to expel Users and prevent their further access to the Web Site
for violating this Agreement or the law and the fight to remove communications
which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by Company of
the contents on such third-party Web sites. Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party Web sites.
If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site ("Software")
is protected by copyright and may be protected by other rights. The use of such
software is governed by the terms of the software license agreement or designated "Legal
Notice" accompanying such software ("License Agreement").
The downloading and use of such software is conditioned on your agreement
to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the
aggregate liability for Company to you for all claims arising from
the use of the Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including Software)
or your breach of the terms of this Agreement. The Company shall provide notice
to you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export
the Materials (including Software) to countries or persons prohibited under the
export control laws. By downloading the Materials (including Software), you
are agreeing that you are not in a country where such export is prohibited
or are a person or entity to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of the Product.
Section 10. User Information.
The Company may use the information it obtains relating to you, including your
IP address, name, mailing address, email address and use of the
Web Site, for its internal business and marketing purposes and may disclosed
the information to third parties for such purposes.
Section 11. General.
This Web Site is based in Phoenix, Arizona. The
Company makes no claims the Materials are appropriate or may be downloaded outside
of the United States. Access to the Materials (including Software) may not be legal
by certain persons or in certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. This Agreement is governed
by the internal substantive laws of the State of Arizona, without respect
to its conflict of laws principles. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any
term of this Agreement shall be deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in a particular "Legal Notice" or
Software License or material on particular Web pages, this Agreement
constitutes the entire Agreement between you and the Company with respect to the
use of Web Site. Any changes to this Agreement must be made in writing, signed
by an authorized representative of the Company.
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