The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this Policy. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. If you do not accept this Policy, you may not use the Site.
Please note that special terms or authorizations apply to some software and services offered on or through the Site, including, without limitation, the smartphone software applications distributed in association with our products (the “Software”). These terms may posted on the Site in connection with the applicable services, or otherwise provided to you in connection with your download of such Software, and you are required to agree to such terms prior to Ernest Sports’ provision of any services or the Services to you. Any such terms are in addition to this Policy, and in the event of a conflict, prevail over this Policy.
As used in this Policy, "we," "our" or "us" refers to Ernest Sports. "You," "yours" or other similar designation refers to the person accessing or using the Site.
Ernest Sports reserves the right to change this Policy at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Site following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy. [NOTE to Ernest Sports: Although we have included this language to give you as much flexibility as possible, please be aware that, under recent case law, changes to the policy without notice to the users may not be enforceable. We recommend that, if Ernest Sports does make changes to the policy, Ernest Sports notify users of its website of such changes (to the extent possible) and that a notice indicating that the policy has been changed be prominently displayed on the front page of Ernest Sports’ site.]
All of the content on the Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Ernest Sports or its licensors. Ernest Sports grants you a limited license to access and use the Site for the limited purpose of gathering information about Ernest Sports and its products and services. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Site, except as specifically permitted in writing by Ernest Sports. Other than as set forth above, Ernest Sports and its licensors retain all right, title and interest in and to the Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.
You may not download (other than page caching) the Site, or any portion of it, except with the express written consent of Ernest Sports. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Site or any materials contained on the Site (including, without limitation, computer programs or other code) or the Software. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Site.
Your license to access and use the Site and the Software does not include any resale or commercial use of the Site, the Software or its contents; any collection and use of any service or program listings or descriptions; any downloading or copying of information distributed by Ernest Sports on the Site or the Software for the benefit of another person or company; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Site without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the name, domain name or trademarks of Ernest Sports without the express written consent of Ernest Sports. Any unauthorized use terminates the permission or license granted by Ernest Sports.
We may change, suspend or discontinue any aspect of the Site or the Software at any time, including the availability of any Site feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site or the Software without notice or liability.
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Ernest Sports, and Ernest Sports is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We do not guarantee or attest to the accuracy and completeness of the information obtained through these Linked Sites. Accordingly, Ernest Sports will not be held liable for decisions made based upon information on these Linked Sites. We are not responsible for web casting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ernest Sports of the site or any association with its operators, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.
As a condition of your use of the Site, you warrant to Ernest Sports that you will not use the Site for any purpose that is unlawful or prohibited by this Policy. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You further represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials that (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
By posting, uploading, inputting, providing or submitting any materials or engaging in any other form of communication (individually or collectively “Submissions”) to or through the Site or its associated services, you grant Ernest Sports and its affiliated companies and necessary sub-licensees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions, in all media now known or hereafter developed, unless otherwise prohibited by the terms of this Policy or any applicable federal, state or local law or regulation ((including, without limitation, any regulation applicable to the Services). You hereby waive all rights to any claim against Ernest Sports for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Ernest Sports’ authorized use of such Submissions.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Submission. You acknowledge that, by submitting Submissions through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Ernest Sports other than pursuant to this Policy or as established by applicable federal, state or local law or regulations.
Some services provided through the Site, including, without limitation, the Software, permit or require you to create an account or register with the Site or to submit certain personal information to participate in the Site or the Software or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Site. By providing us with such information, you authorize Ernest Sports, either itself or through third parties, to make any inquiries we consider necessary to confirm such information. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and mobile devices. You agree to accept responsibility for all activities that occur under your account or password and that Ernest Sports will not be liable for any actions by any other individual that uses your account and/or password, if any, or identity or personal information with or without your consent or knowledge. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, if any, identity, or personal information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account (if any) and the Software at the end of each session.
THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE), CONTENTS, GRAPHICS DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE "CONTENTS") MAY INCLUDE INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE OR ITS CONTENTS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS , DELETIONS, OR OTHER CHANGES IN THE SITE AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE FEATURE, SOFTWARE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT WE SHALL BE UNDER NO OBLIGATION TO DO SO. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.
IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM ERNEST SPORTS AT: [email address].
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND ERNEST SPORTS AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE CONTENTS AND ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE ITS CONTENTS AND ANY LINKED SITE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERNEST SPORTS OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH IN ANY WAY THE SITE, ITS CONTENTS OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SOFTWARE OR ANY OF THE TERMS OR CONDITIONS CONTAINED IN THIS POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SOFTWARE.
We reserve the right, in our sole discretion, to suspend the Site or your use of the Site or the Software or terminate this Policy or your access to the Site and the related services or any portion thereof at any time, without notice, for any reason, including, in the case of the Policy, for your violation of any of its provisions. The Liability Disclaimer and Limitation, Submissions, Indemnification and General sections of this Policy shall survive any such termination.
You hereby agree to indemnify, defend and hold Ernest Sports and all its directors, officers, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys’ fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to Ernest Sports or (ii) any breach by you of the Policy or the representations, warranties and covenants contained herein. You shall cooperate as fully as reasonably required in the defense of any claim. Ernest Sports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Ernest Sports.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION OVER IN GWINNETT COUNTY, GEORGIA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SITE OR THIS POLICY AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. If any part of this agreement, including, but not limited to, the warranty disclaimers and liability limitations set forth above, is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder of the agreement shall continue in effect. Unless otherwise expressly stated herein, this Policy (i) constitutes the entire agreement between the parties with respect to your use of the Site and the Software and (ii) supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this Policy, the prevailing party will be entitled to costs and attorneys' fees.