Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. If you do not agree to these Terms and Conditions, you may not access or otherwise use the site. You should check these terms and conditions periodically for changes. By using the site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
The puckprospectus.com web site (“Web Site”) is provided by Sports Management International (“SMI”) and/or its affiliates and subsidiaries for your and others’ use, subject to these terms and conditions of use and all modifications thereto (“Terms and Conditions”), in addition to rules that may be published from time to time by SMI. SMI may change the Terms and Conditions at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the web site: http://www.puckprospectus.com.
WEB SITE SERVICES
The Web Site is intended to provide information to current and prospective clients (and their families) about SMI including, without limitation, staff biographies, client biographies, contacts and services provided.
You and other users are invited to provide information about yourselves and submit inquiries to SMI via the mail form found in the “Contact” section of the Web Site.
Without limitation of the foregoing, you agree not to use the Web Site to:
E-mail, or otherwise transmit any content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);
“Stalk” another person;
E-mail, or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Harm any person in any way;
Impersonate any person and/or entity, or falsely state or otherwise misrepresent your affiliation with a person and/or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site;
E-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
E-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right (“Rights”) of any party;
E-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
E-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
Interfere with or disrupt the Web Site or servers or networks linked to the Web Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Web Site; or
Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
You also agree that you will not harvest, collect, or store information about the users of this Web Site or use such information for any purpose inconsistent with the purpose of this site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You understand that the technical processing and transmission of the Web Site, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. SMI assumes no responsibility for the deletion or failure to store information submitted by you or other users to the Web Site.
You acknowledge and agree that SMI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: a) comply with legal process; b) enforce these Terms and Conditions; c) respond to claims that any content violates the rights of third parties; or d) protect the rights, property, or personal safety of SMI, its users, and the public.
RESTRICTIONS ON USE OF MATERIAL
The content on this Web Site is intended for informational purposes only. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display, or commercially exploit any material from the Web Site. To seek our permission, you may write to SMI via the contact phone. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, SMI does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from you through the Web Site or SMI’s postal and e-mail addresses, or in any other way. Any information or material submitted or sent to SMI, will be deemed neither confidential nor secret. By submitting or sending information or other material to SMI, you represent and warrant that the information is original to you and that no other party has any rights to the material.
You may be able to link to third parties’ web sites (“Linked Sites”) from the Web Site. Linked Sites are not, however, reviewed, controlled, or examined by SMI in any way and SMI is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply SMI’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall SMI be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. AMI reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Other sites may link to the Web Site only through a plain-text link. We must grant permission for any other type of link to the Web Site. To seek our permission, you may write to SMI via the contact details on the Contact Us page. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
INTELLECTUAL PROPERTY RIGHTS
As between SMI and you, SMI is the sole owner of all content on the Web Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets and other intellectual property rights thereto. Except as otherwise provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
DISCLAIMER OF WARRANTIES
THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ETL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT; OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. SMI DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
SMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT ETL OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE ETL WEB SITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL ETL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE WEB SITE, EVEN IF ETL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ETL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By agreeing to use the Web Site, you agree to defend, indemnify and hold SMI, its parents, subsidiaries and affiliates, and each of their respective officers, directors, and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site or the e-mailing or transmission of any other materials by you or users authorized by you, or any violation of these Terms and Conditions by you.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SMI relating in any way to your use of the Web Site resides in the courts of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute and including any claim involving SMI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to SMI via the Contact Us page.