TIEBREAK SPORTS, INC
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS SITE. By using this site,
you signify your assent to these Terms and Conditions. If you do not agree to
all of these Terms and Conditions of use, do not use this site. Tiebreak Sports,
Inc. may revise and update these Terms and Conditions at any time. Your continued
usage of the TiebreakSports.com Web site ("TiebreakSports.com Site,"
or the "Site,") will mean you accept those changes. BASIC
DISCLAIMER All information provided within this Web site is in no way intended
to be a substitute for professional medical advice. You should not use this information
to diagnose or treat a health problem or disease without consulting with a qualified
healthcare provider. Consult your healthcare provider with any questions or concerns
you may have regarding your condition. INDEX USE OF CONTENT LIABILITY
OF TIEBREAK SPORTS, INC AND ITS LICENSORS USER SUBMISSIONS ADVERTISEMENTS
AND LINKS TO OTHER SITES INDEMNITY GENERAL JURISDICTION COMPLETE AGREEMENT
USE OF CONTENT. TiebreakSports.com authorizes you to view or download
a single copy of the material on the TiebreakSports.com Site solely for your personal,
noncommercial use if you include the following copyright notice: "Copyright
2008, Tiebreak Sports, Inc. All rights reserved" and other copyright and
proprietary rights notices which were contained in the Content. Any special rules
for the use of certain software and other items provided on the TiebreakSports.com
Site may be included elsewhere within the Site and are incorporated into these
Terms and Conditions by reference. The Content is protected
by copyright under both United States and foreign laws. Title to the Content remains
with Tiebreak Sports, Inc. or its licensors. Any use of the Content not expressly
permitted by these Terms and Conditions is a breach of these Terms and Conditions
and may violate copyright, trademark, and other laws. Content and features are
subject to change or termination without notice in the editorial discretion of
TiebreakSports.com. All rights not expressly granted herein are reserved to TiebreakSports.com
and its licensors. If you violate any of these Terms and
Conditions, your permission to use the Content automatically terminates and you
must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF TIEBREAK SPORTS, INC AND ITS LICENSORS. The use of the
TiebreakSports.com Site and the Content is at your own risk. When using the
TiebreakSports.com Site, information will be transmitted over a medium which is
beyond the control and jurisdiction of TiebreakSports.com and its suppliers. Accordingly,
TiebreakSports.com assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted in connection
with use of the TiebreakSports.com Site. The TiebreakSports.com
Site and the content are provided on an "as is" basis. TiebreakSports.com,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, TiebreakSports.com,
its licensors, and its suppliers make no representations or warranties about the
following: The accuracy, reliability, completeness, currentness,
or timeliness of the Content, software, text, graphics, links, or communications
provided on or through the use of the TiebreakSports.com Site. The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the Content contained on the TiebreakSports.com
Site. In no event shall Tiebreak Sports, Inc., its licensors,
its suppliers, or any third parties mentioned on the TiebreakSports.com Site be
liable for any damages (including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages resulting from
lost data or business interruption) resulting from the use or inability to use
the TiebreakSports.com Site or the Content, whether based on warranty, contract,
tort, or any other legal theory, and whether or not TiebreakSports.com is advised
of the possibility of such damages. Tiebreak Sports, Inc. shall be liable only
to the extent of actual damages incurred by you, not to exceed U.S. $1000. TiebreakSports.com
is not liable for any personal injury, including death, caused by your use or
misuse of the Site, Content, or Public Area (as defined below). Any claims arising
in connection with your use of the Site, any Content, or the Public Areas must
be brought within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms and Conditions are exclusive and are limited
to those expressly provided for in these Terms and Conditions. USER
SUBMISSIONS. You agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that such submission
is non-confidential for all purposes. If you make any such submission, you automatically
grant--or warrant that the owner of such content has expressly granted--TiebreakSports.com
a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. TiebreakSports.com may
sublicense its rights through multiple tiers of sublicenses. ADVERTISEMENTS
AND LINKS TO OTHER SITES. TiebreakSports.com does not endorse the content on
any third-party websites. TiebreakSports.com is not responsible for the content
of linked third-party sites, sites framed within the TiebreakSports.com Site,
or third-party advertisements, and does not make any representations regarding
their content or accuracy. Your use of third-party websites is at your own risk
and subject to the terms and conditions of use for such sites. TiebreakSports.com
does not endorse any product advertised on the TiebreakSports.com Site.
INDEMNITY You agree to defend, indemnify, and hold Tiebreak Sports,
Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless
from and against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Terms and Conditions. GENERAL. Tiebreak
Sports , Inc. is based in Knoxville, Tennessee, in the United States of America.
TiebreakSports.com makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the TiebreakSports.com Site from
outside the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. The following provisions survive
the expiration or termination of these Terms and Conditions for any reason whatsoever:
Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION. You expressly agree that exclusive jurisdiction for any
dispute with Tiebreak Sports, Inc., or in any way relating to your use of the
TiebreakSports.com Site, resides in the courts of the State of Tennessee and you
further agree and expressly consent to the exercise of personal jurisdiction in
the courts of the State of Tennessee in connection with any such dispute including
any claim involving Tiebreak Sports, Inc. or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws
of the State of Tennessee without respect to its conflict of laws principles.
If any provision of these Terms and Conditions 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 these Terms and Conditions, which
shall remain in full force and effect. No waiver of any of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or condition or any
other term or condition. COMPLETE AGREEMENT. Except as
expressly provided in a particular "legal notice" on the TiebreakSports.com
Site, these Terms and Conditions constitute the entire agreement between you and
TiebreakSports.com with respect to the use of the TiebreakSports.com Site, and
Content. Your use of the TiebreakSports.com Site is also subject to the TiebreakSports.com
Privacy Policy. Thank you for your cooperation. We hope you
find the TiebreakSports.com Site helpful and convenient to use. Questions or comments
regarding this website should be directed by electronic mail to or via U.S. mail
to Tiebreak Sports, Inc at 12752 Kingston Pike, Suite 102, Farragut, TN 37934. |