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This page contains the "Terms
of Use" under which You may use SidelineStar.com, an on-line service to
post and search cheerleading information, photos, videos, events and user
profiles ("SidelineStar.com" or "Web Site"). These Terms of
Use include the Sideline Star Privacy Statement, which is incorporated into
these Terms of Use by reference. By using SidelineStar.com, You are indicating
your agreement to these Terms of Use, including the SidelineStar Privacy
Statement. Please read this page carefully. If You do not accept the Terms of
Use stated here, do not use the Web Site and the services. By using
SidelineStar.com, You are indicating your agreement to be bound by the
provisions of these Terms of Use. SidelineStar, LLC. ("Sideline Star"
or the "Company") may revise these Terms of Use at any time by
updating this posting. You should visit this page periodically to review the
Terms of Use, because they are binding on You. The terms "You" and
"User" as used herein refer to all individuals and/or entities
accessing this web site for any reason or purpose.
1. Eligibility.
You must be 13 years of age or older to visit or use SidelineStar.com in any
manner. By visiting SidelineStar.com or accepting these Terms of Use, You
represent and warrant to the Company that You are 13 years of age or older, and
that You have the right, authority and legal capacity to agree to and abide by
these Terms of Use. You also represent and warrant to the Company that You will
use SidelineStar.com in a manner consistent with any and all applicable laws
and regulations.
2. Use of Sideline Star Content.
The Company authorizes You to view and access a single copy of the content
available on or from SidelineStar.com solely for your personal use. The
contents of SidelineStar.com, and of all other websites under the Company's
control, whether partial or otherwise (SidelineStar.com and such other websites
are sometimes collectively referred to as "Sideline Star Sites")
including all elements thereof, such as text, graphics, images, logos, button
icons, software and other elements (collectively, "Sideline Star
Content"), protected under both United States and foreign copyright,
trademark and other laws. All Sideline StarContent is the property of the
Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all such elements are the exclusive
property of the Company and protected by U.S. and international copyright laws.
Unauthorized use of the Sideline StarContent may violate copyright, trademark,
and other laws. You must retain all copyright, trademark, servicemark and other
proprietary notices contained in the original Sideline Star Content on any copy
You make of the Sideline Star Content. You may not sell or modify the Sideline
Star Content or reproduce, display, publicly perform, distribute, or otherwise
use the Sideline Star Content in any way for any public or commercial purpose.
The use of the Sideline Star Content on any other web site or in a networked
computer environment for any purpose is prohibited. You shall not copy or adapt
the HTML code that the Company creates to generate any Sideline Star Content or
the pages making up any Sideline Star Site, which is also protected by the
Company's copyright.
3. Sideline Star Site Restrictions.
Users may not use any Sideline Star Site in order to transmit, distribute,
store or destroy material, including without limitation Sideline Star Content,
(a) in violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security
of any Sideline Star Site, including, without limitation the following
activities: (a) accessing data not intended for such user or logging into a
server or account which the user is not authorized to access; (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including,
without limitation, by submitting a virus to any Sideline Star Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing"; or (d) forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting. Violations of system
or network security may result in civil or criminal liability. The Company will
investigate occurrences which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
4. Specific Prohibited Uses.
The job posting and resume database features of SidelineStar.com may be used
only for lawful purposes by individuals seeking employment and career
information and employers seeking employees. Sideline Star may be used only for
lawful purposes by individuals and employees to network for personal or
professional purposes with other individuals and employees. The Company
specifically prohibits any other use of SidelineStar.com, and all Users agree
not to do any of the following: (a) post any jobs on any Sideline Star Site for
any competitor of Sideline Star or post any job or other content that contains
links to any site competitive with Sideline Star; (b) post jobs or content on
any Sideline Star Site that contain any hyperlinks, "hidden" keywords
or any keywords that are irrelevant to the job or are otherwise misleading;
post jobs for modeling or talent or talent scouting positions; (c) post jobs
for modeling or talent or talent scouting positions on any Sideline Star Site;
(d) use any Sideline Star Site Resume Database for any purpose other than as an
employer seeking employees, including but not limited to using the information
in the Resume Database to sell or promote any products or services; (e) use
Sideline Star for commercial recruitment, executive search, staffing, outsourced
employment or any other professional employment or recruitment activity; (f)
post or submit to any Sideline Star Site any incomplete, false or inaccurate
biographical information or information which is not your own; (g) post on any
Sideline Star Site any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business
opportunity which requires an up front or periodic payment, pays commissions
only (except for postings that make clear that the available job pays
commission only and clearly describes the product or service that the job
seeker would be selling, in which case such postings are permissible), requires
recruitment of other members, sub-distributors or sub-agents; (h) send
unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited
faxes regarding promotions and/or advertising of products or services to a user
of any Sideline Star Site; (i) delete or revise any material posted by any
other person or entity; (j) take any action that imposes an unreasonable or
disproportionately large load on any Sideline Star Site's infrastructure; (k)
notwithstanding anything to the contrary contained herein, use or attempt to
use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search any Sideline Star Site other than the search engine and
search agents available from the Company on such Sideline Star Site and other
than generally available third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer); (l) attempt to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making up a part of any
Sideline Star Site; (m) aggregate, copy or duplicate in any manner any of the
Sideline Star Content or information available from any Sideline Star Site; or
(n) frame or link to any of Sideline Star Content or information available from
any Sideline Star Site.
5. Registration Information.
When You register with any Sideline Star Site, You will be asked to provide the
Company with certain information including, without limitation, a valid email
address (your "Information"). In addition to the Terms of Use and any
privacy policy applicable to any Sideline Star Web Site, You understand and
agree that the Company may disclose to third parties, on an anonymous basis,
certain aggregate information contained in your registration application. The
Company will not disclose to any third party your name, address, e-mail address
or telephone number without your prior consent, except to the extent necessary
or appropriate to comply with applicable laws or in legal proceedings where
such information is relevant. The Company reserves the right to offer third
party services and products to You based on the preferences that You identify
in your registration and at any time thereafter; such offers may be made by the
Company or by third parties. Please see the Company's Privacy Statement for
further details regarding your Information. Without limiting any of the other
disclaimers of warranty set forth in these Terms of Use, Sideline Star does not provide or make any
representation as to the quality or nature of any of the third party products
or services purchased through SidelineStar.com or any other Sideline Star Site, or any other representation,
warranty or guaranty. Any such undertaking, representation, warranty or
guaranty would be furnished solely by the provider of the applicable product or
service, under the terms agreed to by the provider. If you cancel your Sideline
Star account,
all your information collected by Sideline Star, including resumes, cover
letters, network profiles, saved jobs, questionnaires and email mailing lists
will be deleted by and removed from Sideline Star
site and databases and cannot be
retrieved once deleted.
6. User Content and Submissions.
You are solely responsible for your Sideline Star
Account information, Sideline Star Profile, content, messages or other
information ("User Content") that You submit, publish or display
(hereinafter, "post") on any Sideline Star Site or transmit to other Users. By
posting User Content to any Sideline Star
Site, You automatically grant, and
You represent and warrant that You have the right to grant, to Sideline Star an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute such User Content and to prepare derivative works of, or
incorporate into other works, such User Content, and to grant and authorize
sublicenses thereof. By posting User Content to any public or non-public area
of any Sideline Star Site, including message boards, forums, contests and chat
rooms, You grant the Company and its affiliates the royalty-free, perpetual,
irrevocable, sub-licenseable (through multiple tiers), non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to
the public, perform and display the User Content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any rights that
may exist in such content. You also warrant that the holder of any rights,
including moral rights in such content, has completely and effectively waived
all such rights and validly and irrevocably granted to You the right to grant
the license stated above. You also permit any User to access, display, view, store
and reproduce such User Content for personal use. Subject to the foregoing, the
owner of such User Content placed on any Sideline Star Site retains any and all rights that
may exist in such User Content. The Company acts as a passive conduit for the
online distribution and publication of User Content and has no obligation to
screen communications or information in advance and is not responsible for
screening or monitoring User Content posted by Users. However, the Company may
from time to time and at any time, on an ad-hoc and random basis and in its
sole and absolute discretion, review and delete any User Content that, in the
sole judgment of Sideline Star, violates these Terms of Use, violates
applicable law, rule or regulation, is offensive or illegal or violates the
rights of, harms or threatens the safety of Users of any Sideline Star Site. The Company reserves the right
to expel Users and prevent their further access to the Sideline Star Sites for violating the Terms of Use
or applicable law, rule or regulation and the right to remove User Content
which is in violation of the Terms of Use, abusive, illegal, or disruptive. The
Company may take any action with respect to User Content that it deems
necessary or appropriate in its sole discretion if it believes it may create
liability for the Company or may adversely affect (in any way) the services of
its ISPs or other suppliers.
The following is a partial list of
User Content that is prohibited on the Sideline Star Sites. The list below is for
illustration only and is not a complete list of all prohibited User Content:
- is implicitly or explicitly offensive, such as User
Content that engages in, endorses or promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of
another any group or individual;
- involves the transmission of "junk mail",
"chain letters," or unsolicited mass mailing or
"spamming";
- publishes, offers to distribute, promotes or endorses
false or misleading information or illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of
another person's copyrighted work, such as providing or making available
pirated computer programs or links to them, providing or making available
information to circumvent manufacture-installed copy-protect devices, or
providing or making available pirated music or other media or links to
pirated music or other media files;
- contains restricted or password only access pages, or
hidden pages or images;
- displays or links to pornographic, indecent or sexually
explicit material of any kind;
- provides or links to material that exploits people
under the age of 18 in a sexual, violent or other manner, or solicits
personal information from anyone under 18; or
- provides instructional information about illegal
activities or other activities prohibited by these Terms, including
without limitation, making or buying illegal weapons, violating someone's
privacy, or provides or creates computer viruses or pirating any media;
solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms
of Use, to include in any User Content submitted to Sideline Star information
that may be interpreted as direct solicitation, advertisement or recruitment
for an available job position directed to individuals seeking employment on
either a full time or part time basis.
Any Sideline Star Profile You submit must describe
You, an individual person. Examples of inappropriate and prohibited Profiles
include, but are not limited to, Sideline Star
Profiles that purport to represent
an animal, place, inanimate object, fictional character, or real individual
that is not You. You may not include on embed in your Sideline Star Profile any telephone numbers,
street addresses, last names, URLs, email addresses or other means of
contacting You (here in after “Embedded Contact Information”), and Career Tours
hereby reserves the right to modify your Career Tours profile as necessary to
remove any Embedded Contact Information. In order to protect our Sideline Star Users from commercial advertising or
solicitation, Sideline Star reserves the right to restrict the number of e-mails which
a Subscriber (as described below) may send to Basic Members (as described
below) or other Subscribers in any 24-hour period to a number which
Sideline Star deems
appropriate in its sole discretion. Each CareerSeeker made available through
the Skilled and Hourly section of the SidelineStar.com has taken skills
interview(s) offered by the Company. The results of each skilled and hourly
CareerSeeker's skills interview are not evaluated by Company and should be
evaluated by each employer based on such employer's specific criteria. The
skills interview(s) are proprietary to Company and may be changed from time to
time in Company's discretion. The skills interviews do not necessarily
guarantee performance results or capture all criteria that may be relevant to
an employer in making employment decisions. Company does not independently
verify the information provided by CareerSeekers or the identity of
CareerSeekers. Sideline Star reserves the right in its sole discretion to investigate and
take legal action against anyone who engages in any illegal or prohibited
conduct or otherwise violates these Terms of Use, including without limitation,
removing the User Content from the Sideline Star
Sites and/or terminating the
offending User's ability to access the Sideline Star Sites and/or use Sideline Star services. The Company may take any
other action with respect to User Content or User actions that it deems
necessary or appropriate in its sole discretion if it believes it may create
liability for the Company or may adversely affect (in any way) the services of
its ISPs or other suppliers. The Company does not represent or guarantee the
truthfulness, accuracy, or reliability of User Content or any other
communications posted by 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. The Company has no obligation to screen User Content in advance and
is not responsible for screening or monitoring User Content posted by Users. If
notified by a User of communications which allegedly do not conform to these
Terms of Use, the Company may in its sole discretion investigate the allegation
and determine whether to take any actions whether to remove, or request the
removal of, the User Content. The Company has no liability or responsibility to
Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our
services and the Sideline Star Sites. Please be advised, however, that our policy does not
permit us to accept or consider creative ideas, suggestions, inventions or materials
other than those which we have specifically requested. While we do value your
feedback on our services, please be specific in your comments regarding our
services and do not submit creative ideas, inventions, suggestions, or
materials. If, despite our request, You send us creative suggestions, ideas,
drawings, concepts, inventions, or other information (collectively the
"Submission"), the Submission shall be the property of the Company.
None of the Submission shall be subject to any obligation of confidentiality on
our part and we shall not be liable for any use or disclosure of any
Submission. The Company shall own exclusively all now known or later discovered
rights to the Submission and shall be entitled to unrestricted use of the
Submission for any purpose whatsoever, commercial or otherwise, without
compensation to You or any other person who submitted the Submission.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your Sideline Star
Account ,
Sideline Star Profile,
passwords, and if You are a Sideline Star
Subscriber, your Billing Account.
You shall be responsible for all uses of your Web Site registrations and
passwords, whether or not authorized by You. You agree to immediately notify
the Company of any unauthorized use of your Sideline Star Account , Sideline Star Profile, passwords and your Sideline
Star Subscriber
your Billing Account.
8. Special Terms Applicable to Sideline Star.
(a) Sideline Star User
Levels. The following are the Sideline Star
User levels:
- "Visitor" has not completed the
SidelineStar.com registration process or created an account (a "My
Sideline Star Account"),
but may still search a limited number of Sideline Star profiles ("Profiles")
of Basic Members and Subscribers (each as described below) and view
the SidelineStar.com free (public) message boards
- "Basic Member", after obtaining a Sideline
Star Account
and creating a searchable Sideline Star
Profile, may be contacted by
and respond to Subscribers, collect ratings points, search and view
an unlimited number of Sideline Star
Profiles, view the Sideline
Star message
boards, and both view and post to the SidelineStar.com free (public)
message boards.
- " Subscriber", after obtaining a Sideline
Star Account
and creating a searchable Sideline Star
Profile, may conduct all the
activities that a Basic Member can, and in addition, may request up to
seven introductions with Basic Members and other Subscribers each
day, view the current location and company of all Basic Members and
Subscribers, and post to the Sideline Star
message boards.
(b) Member Feedback. If You are a
Sideline Star Basic
Member or Subscriber, You acknowledge that your Sideline Star feedback consists of comments
provided by other Basic Members or Subscribers and a composite feedback
number compiled by Sideline Star
, and that the composite number
without the comments does not convey your full feedback profile. You may not
take any actions that may undermine the integrity of the Sideline Star feedback system. If Sideline Star concludes, in its sole discretion,
that your actions undermine the integrity of or interfere with the feedback
system, Sideline Star may
(i) terminate and/or delete your Sideline Star
Account, Sideline Star Profile and Sideline Star Billing Account, if applicable,
and/or (ii) deny You Sideline Star
services and/or services from any
other Sideline Star Site.
If You are a Sideline Star Subscriber, Sideline Star
may limit the number of
introductions provided to You and the number of e-mails You may send to other
Sideline Star members
based upon the level of your feedback. If You earn a net feedback rating of
less than 0, Sideline Star may (i) terminate and/or delete your Profile and Billing
Account, if applicable, and/or (ii) deny You Sideline Star services and/or services from any
other Sideline Star Site.
(c) Termination of Sideline Star Membership. These Terms of Use will
remain in full force and effect while You are a User of Sideline Star at any level. You may terminate your
membership as a Basic Member or Subscriber at any time, for any reason by
using the online cancellation tool or clicking on the "Help" link on
Sideline Star and
following the provided instructions. See 9. Special Terms Applicable to
Sideline Star for
fee policy. In addition to other causes of termination set forth above,
Sideline Star may
terminate your membership for any reason, effective upon sending notice to You
at the email address You provide in your Sideline Star Account, or such other email address
as You may later provide to Sideline Star. If Sideline Star terminates your Sideline Star account membership because You have
breached these Terms of Use or is unable to verify or authenticate information You
have provided, You will not be entitled to any refund of fees paid.
9. Special Terms Applicable to Sideline Star.
(a) Membership. A Sideline Star
Member has paid for access to
features, along with an exclusive suite of products and content. The product
offerings and pricing are subject to change at any time with or without
notification for membership. A User can access all the features from their
Sideline Star Account
homepage.
(b) Products. Sideline Star products are only accessible to
Members. These product offerings are subject to change at any time with
or without notification.
(c) Cancellation. A User will
retain access to the features provided that they continue to pay a re-occurring
monthly fee for this access. The User may terminate their membership as a
Sideline Star Member
with a 30 day notification, for any reason.
10. Registration and Password.
You are responsible for maintaining the confidentiality of your Sideline Star Account, passwords, and if You are a
Sideline Star Subscriber,
your Billing Account. You shall be responsible for all uses of your Web Site
registrations, whether or not authorized by You. You agree to immediately
notify the Company of any unauthorized use of your Sideline Star Account passwords, and if You are a
My Sideline Star Subscriber,
your Billing Account.
11. Identification Of Agent To Receive Notification And Elements Of
Notification Of Claimed Copyright Infringement.
If You believe that your copyrighted work has been uploaded, posted or copied
to any Sideline Star Web
Site and is accessible on such Sideline Star
Site in a way that constitutes
copyright infringement, please notify us by providing our designated copyright
agent with the following information:
- The physical or electronic signature of either the
copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work You claim has
been infringed, and a description of the activity that You claim to be
infringing;
- Identification of the URL or other specific location on
this web site where the material or activity You claim to be infringing is
located or is occurring; You must include enough information to allow us
to locate the material or the activity;
- Your name, address, telephone number and, if You have
one, your e-mail address;
- A statement by You that You have a good faith belief
that use on the web site of the copyrighted work in the manner You are
complaining of is not authorized by the copyright owner, any agent of the
copyright owner, or the law; and
- A statement by You, made under penalty of perjury, that
the information You have provided in your notice is accurate and that You
are either the copyright owner or are authorized to act on behalf of the
copyright owner.
We have designated Neeley Neal as
our agent to receive notices of claims of copyright infringement on the
Sideline Star Sites.
You can contact us as follows:
|
| By mail: |
Sideline Star, LLC
ASU - Edson
1475 N. Scottsdale Rd. Suite 200
Scottsdale, AZ 85257
|
| By telephone: |
1-480-884-1834 |
| By e-mail: |
info@sidelinestar.com |
12. Policy Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Sideline Star, LLC and all of our affiliated companies respect the intellectual
property of others, and we ask our users, account holders and content partners
to do the same. The unauthorized reproduction, copying, distribution, modification,
public display or public performance of copyrighted works constitutes
infringement of the copyright owners rights. As a condition to your use of SidelineStar.com,
You agree not to use SidelineStar.com or any other Sideline Star Site
to infringe the intellectual property rights of others in any way. We will
terminate the accounts of any SidelineStar.com account holders, and block
access to SidelineStar.com and/or the other Sideline Star Sites
of any Users who are repeat infringers of the copyrights, or other intellectual
property rights, of others. We reserve the right to take these actions at any
time, in our sole discretion, with or without notice, and without any liability
to the account holder who is terminated or to the User whose access is blocked.
13. The Company's Liability.
SidelineStar.com acts as a venue for employers to post job opportunities and
CareerSeekers to post resumes and does not screen or censor the listings
offered. The Company is not involved in the actual transaction between employers
and CareerSeekers. As a result, the Company has no control over the quality,
safety or legality of the jobs or resumes posted, the truth or accuracy of the
listings, the ability of employers to offer job opportunities to CareerSeekers
or the ability of CareerSeekers to fill job openings or any User Content and
makes no representations about any jobs, resumes or User Content on SidelineStar.com.
Sideline Star provides a venue for individuals to network for
professional purposes and Sideline Star does not screen or censor the Sideline Star Profiles
or User Content on SidelineStar.com. The Company is not involved in the actual
communications between Sideline Star Users. As a result, the
Company has no control over the accuracy, reliability, completeness, or
timeliness of the Sideline Star Profiles or User Content
submitted on SidelineStar.com and makes no representations about any Sideline
Star Profile
or User Content on SidelineStar.com. In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under false
pretenses. You assume all risks associated with dealing with other users with
whom You come in contact through SidelineStar.com and/or the other Sideline Star
Sites.
By its very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that You will use caution and common sense when using SidelineStar.com
and/or the other Sideline Star Sites.
Because user authentication on the Internet is difficult, the Company cannot
and does not confirm that each User is who they claim to be. Because we do not
and cannot be involved in user-to-user dealings or control the behavior of
participants on any Sideline Star Site, in the event that You have a dispute with one
or more Users, You release the Company (and our agents and employees) from
claims, demands and damages (actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code d1542, which
says: "A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor." The Sideline Star Sites and the Sideline Star
Content
may contain inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or timeliness of
any Sideline Star Site or the Sideline Star Content.
The use of all Sideline Star Sites and the Sideline Star Content is at your own risk. Changes are periodically
made to Sideline Star Sites and may be made at any time. You
acknowledge and agree that You are solely responsible for the form, content and
accuracy of any resume or material contained therein placed by You on the Sideline
Star Sites.
Employers are solely responsible for their postings on Sideline Star Sites.
The Company is not to be considered to be an employer with respect to your use
of any Sideline Star Site and the Company shall not be responsible
for any employment decisions, for whatever reason made, by any entity posting
jobs on any Sideline Star Site.
Sideline Star cannot guarantee
and does not promise any specific results from use of SidelineStar.com or any Sideline
Star Sideline
Star or
through or from SidelineStar.com or any other Sideline Star Site
shall create any warranty not expressly stated herein.
14. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY SIDELINE STAR SITE WILL OPERATE ERROR-FREE
OR THAT ANY SIDELINE STAR SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SIDELINE STAR SITE OR THE SIDELINE
STAR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE SIDELINE STAR SITES AND
SIDELINE STAR CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE SIDELINE STAR CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS.
15. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
ANY SIDELINE STAR 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 ANY SIDELINE STAR SITE AND THE SIDELINE STAR CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Limitation of Liability.
SIDELINE STAR'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY
SIDELINE STAR SITE OR YOUR USE OF THE SIDELINE STAR CONTENT, REGARDLESS OF THE
CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE),
WILL NOT EXCEED $100.
17. Links to Other Sites.
SidelineStar.com and certain other Sideline Star Sites contain links
to third party web sites. These links are provided solely as a convenience to
You and not as an endorsement by the Company of the contents on such
third-party Web sites. The 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.
18. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms
of Use. You also agree not to make any unauthorized commercial use of any Sideline
Star Site.
19. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its affiliates,
and their respective 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 (i) any User Content or
other material You provide to any Sideline Star Site, (ii) your use of
any Sideline Star Content, or (iii) your breach of the terms of
these Terms of Use. The Company shall provide notice to You promptly of any
such claim, suit, or proceeding.
20. General.
The Company makes no claims that the Sideline Star Content
may be lawfully viewed or accessed outside of the United States . Access to the
Sideline Star Content may not be legal by certain persons or in certain
countries. If You access a SidelineStar.com or other U.S.-based Sideline Star
Sites
from outside of the United States , You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms of
Use are governed by the internal substantive laws of the State of Arizona ,
without respect to its conflict of laws principles. Jurisdiction for any claims
arising under this agreement shall lie exclusively with the state or federal
courts within Phoenix, Arizona . If any provision of these Terms of Use are
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 of Use, which shall remain in full force and effect. No waiver of
any term of these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided in an additional
agreement, additional terms of use for areas of SidelineStar.com, a particular
"Legal Notice," or Software License or material on particular Web
pages, these Terms of Use constitute the entire agreement between You and the
Company with respect to the use of SidelineStar.com. No changes to these Terms
of Use shall be made except by a revised posting on this page.
21. Additional Terms of Use.
Certain areas of SidelineStar.com and the other Sideline Star Sites
are subject to additional terms of use. By using such areas, or any part
thereof, You agree to be bound by the additional terms of use applicable to
such areas.
22. Sideline Star LIVE! Events.
Sideline Star represents and
offers various services of training, but does not provide the training offered
under Sideline Star.com. Unfortunately, from time to time training classes are
cancelled or changed due to a variety of reasons, including under enrollment,
course instructor shortages, re-allocation of training resources and other
logistical problems. Accordingly, Sideline Star is not responsible for any loss, damage, liability,
expense or other problem or cost that You may incur or that may arise as a
result of any class, the instruction received therein, your class being
cancelled, or as a result of, or any change in, the subject matter, location or
time of the class, or change in the instructor, facilities or equipment used in
the class.
23. Term and Termination.
These Terms of Use will remain in full force and effect while You are a User of
SidelineStar.com at any level. The Company reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not limited to
deletion of your User Content from SidelineStar.com and the other Sideline Star
Sites
and immediate termination of your registration with or ability to access SidelineStar.com
and the other Sideline Star Sites and/or any other services provided
to You by the Company, upon any breach by You of these Terms of Use or if the
Company is unable to verify or authenticate any information You submit to SidelineStar.com
or other Sideline Star Site registration. Even after You are no
longer a User of SidelineStar.com, certain provisions of these Terms of Use
will remain in effect, including Sections 2, 6, 8(c), 11 through 22, inclusive.
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