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BESTSTUDENTATHLETES.COM
Terms of Use
BESTSTUDENTATHLETES.COM, LLC ("BESTSTUDENTATHLETES.COM") PROVIDES THIS SITE SUBJECT TO THE FOLLOWING TERMS OF USE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BESTSTUDENTATHLETES.COM WEB SITE (THIS "SITE"). BY ACCESSING OR USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT ACCESS, VIEW OR USE THIS SITE.
We reserve the right to change or modify any of the terms and conditions contained in these Terms of Use, at any time, and in our sole discretion. If we update these Terms of Use, we will notify you either by posting a notice on our homepage or by email, if you have provided your email to us. If you use a spam-filter for your email account, you will want to identify our site as a permitted sender in order to receive communications from us. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review these Terms of Use from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, stop using the Site.
Privacy Policy
Access our Privacy Policy for information on how BestStudentAthletes.com collects, uses and discloses personally identifiable information from its users. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect BestStudentAthletes.com's systems and customers, or to ensure the integrity and operation of BestStudentAthletes.com's business, BestStudentAthletes.com may disclose to governmental authorities or others any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content.
Your Use of the Site
You may view, copy and print portions of our Site (our "Site Content"); however, (1) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (2) you may not reproduce, modify or otherwise create new content or derivative works from our Site Content; (3) any displays or printouts of Site Content must include the following copyright notice: "© 2008 BestStudentAthletes.com, LLC"; (4) you may not remove or modify any copyright, trademark, or other proprietary notices from our Site Content; (5) you may not use any data mining, robots or other data gathering or extraction methods on our Site; and (6) you may not distribute or display the Site Content except as expressly permitted in these Terms of Use. Your use of this Site or our Site Content without the prior written permission of BestStudentAthletes.com is strictly prohibited.
Any unauthorized use may violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms of Use gives you any license to our intellectual property rights, whether by estoppel, implication or otherwise.
You represent and warrant that your use of the Site and the Site Content will be consistent with these Terms of Use and that your use will not violate any applicable law. You expressly agree to indemnify BestStudentAthletes.com against any liability to any person arising out of your use of Site Content to the extent your use is not in compliance with these Terms of Use.
Links
If you want to create a text hyperlink to the Site for noncommercial purposes, you may do so, provided you: (1) notify us in writing or by email identifying your site, and (2) provided such link does not portray BestStudentAthletes.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and (3) provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We may revoke our permission to link to the Site at any time upon notice to you. If you want to link to BestStudentAthletes.com for commercial purposes, contact us at questions@beststudentathletes.com and we will promptly respond to your request. You may not use a BestStudentAthletes.com logo or other proprietary graphic of BestStudentAthletes.com to link to the Site without the express written permission of BestStudentAthletes.com. Further, you may not use, frame or utilize framing techniques to enclose, any BestStudentAthletes.com trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without BestStudentAthletes.com's express written consent. This Site may provide links allowing you to leave this Site and access third-party sites ("Linked Sites"). We do not endorse any Linked Sites. We have not and will not monitor or review the contents of any Linked Site, or any link contained in a Linked Site. We are not responsible for the content or privacy policies of any Linked Sites and we do not ensure that Linked Sites are error or virus free. We encourage you to carefully read the policies of each site you visit.
Right to User Content
By posting or distributing any comment, message, data, information, text, music, sound, photos, graphics, or other content ("Content") to this Site, you (a) grant to BestStudentAthletes.com a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Content throughout the world; (b) grant BestStudentAthletes.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant BestStudentAthletes.com the right to pursue at law any person or entity that violates your or BestStudentAthletes.com's rights in the Content by a breach of these Terms of Use.
Content submitted by users is deemed non-confidential and BestStudentAthletes.com is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, BestStudentAthletes.com reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. BestStudentAthletes.com is under no obligation to offer you any payment for Content or to attribute authorship of Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of, or upgrades or updates thereto; (b) you do no oppose to the publication, use, modification, deletion and exploitation of the Content by BestStudentAthletes.com or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the Content; and (d) you release BestStudentAthletes.com from any claims that you could otherwise assert against BestStudentAthletes.com by virtue of any moral rights.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain forums, blogs or bulletin boards in which you or third parties may post content, messages, materials or other items on the Site ("Interactive Areas"). If BestStudentAthletes.com provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual's privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any individual or group, or that would otherwise create liability or violate any local, state, national or international law;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited advertising or links to other commercial sites;
f. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content that, in the sole judgment of BestStudentAthletes.com, is objectionable, or which may expose BestStudentAthletes.com or its users to any harm.
BestStudentAthletes.com takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BestStudentAthletes.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BestStudentAthletes.com is not liable for any statements, representations or Content provided by its users on this Site. Although BestStudentAthletes.com has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, BestStudentAthletes.com reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Site.
Any use of the Site, including the Interactive Areas, in violation of these Terms of Use may result in termination or suspension of your permission to use the Site.
Product Purchases
If you make a purchase from the Site, you may be transacting with an affiliate or third-party processor of transactions. If you make a purchase from any third-parties advertised on or linked to from the Sites you are not purchasing a product or service from BestStudentAthletes.com. You agree that neither BestStudentAthletes.com nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the Site.
Registration and Personal Information
You may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing products or services. If you choose to register on the Site, or if you otherwise provide personally identifiable information to the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted, (b) maintain the security of your password; and (c) as permitted, maintain and promptly update your information in order to keep your information true, accurate, current and complete. If you provide any information to us that is false, inaccurate, outdated or incomplete, or if we have a reasonable basis for suspecting that the information you have provided to the Site is inaccurate, untrue, outdated or incomplete, the Site has the right to suspend or terminate your account and to prohibit any and all current or future use of the services by you.
Trademarks
BestStudentAthletes' logo is a common law trademark of BestStudentAthletes.com, LLC. It may not be copied or used without the prior written permission of BestStudentAthletes.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Our reference to the products, services, or programs of others is not an endorsement, sponsorship or recommendation of BestStudentAthletes.com.
Advertisements and Promotions
BestStudentAthletes.com may run advertisements and promotions from third parties on the Site. BestStudentAthletes.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Repeat Infringer Policy
In accordance with applicable law, BestStudentAthletes.com's policy is to terminate, in appropriate circumstances and at BestStudentAthletes.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. BestStudentAthletes.com may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BESTSTUDENTATHLETES.COM, THE SITE, THE CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS- IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BESTSTUDENTATHLETES.COM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, AND CONTENT. BESTSTUDENTATHLETES.COM DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE CONTENT OR ANY PORTION THEREOF.
BESTSTUDENTATHLETES.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BESTSTUDENTATHLETES.COM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THIS SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE RECOMMEND THAT YOU USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD, OR REFRAIN FROM USING THIS SITE.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS AGAINST BESTSTUDENTATHLETES.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, THE SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT BESTSTUDENTATHLETES.COM HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THIS SITE. YOU USE THIS SITE AT YOUR OWN RISK.
BESTSTUDENTATHLETES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM BESTSTUDENTATHLETES.COM OR ACCESSIBLE VIA THIS SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BESTSTUDENTATHLETE.COM'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BESTSTUDENTATHLETE.COM, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $100. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
This Site is controlled by BestStudentAthletes.com, LLC and operated by BestStudentAthletes.com, LLC from its offices in and around Durham, North Carolina. By using this Site, you consent to the personal jurisdiction of the state and federal courts located within the State of North Carolina for any action arising out of or relating to your use of this Site, without regard to its conflicts of law principles. You agree that all claims you may have against BestStudentAthletes.com, LLC arising from or relating to the Site will be heard and resolved in a court located in Durham County, North Carolina. If you choose to access the Site from locations other than Durham County, North Carolina, you will be responsible for compliance with all local laws of such other jurisdiction.
Ownership and Copyright
Except as otherwise indicated, this Site, and all text, images, marks, logos, all designs, text, graphics, pictures, information, data, software, sound files, other files, and all content is the copyrighted material of BestStudentAthletes.com, LLC. ©2008 BestStudentAthletes.com LLC.
Questions and Comments
If you have any questions regarding these Terms of Use or your use of the Site, please submit them to us at the following email address: questions@beststudentathletes.com or call us at 1-877-314-2444 during regular office hours.
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