Regarding the transmission of technical data exported from
the United States or the country in which you reside.
LIMITS REGARDING SUBSCRIPTION AND REGISTERED
USER SERVICES
Terms of Service or TOS
You acknowledge that KickoffZone.com may establish
limits concerning use of the Service and may modify these
limits at any time.
MODIFICATIONS TO SERVICE
KickoffZone.com reserves the right to modify or
discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice at any time. You
agree that KickoffZone.com and Kickoff Publishing shall not
be liable to you or to any third party for any
modification, suspension or discontinuance of the
Service.
NO RESALE OF SERVICE OR SHARING OF
PASSWORDS
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Site or content
contained within. Subscription access and Registered User
(Member) access is available to only the person subscribing
or registering member. You further agree to keep
confidential all passwords and are solely responsible for
any liability or damages resulting from any failure to
maintain that confidentiality.
TERMINATION
You agree that KickoffZone.com and/or Kickoff
Publishing may terminate your account for any reason.
KickoffZone.com may also in its sole discretion and at any
time, discontinue providing the Subscription without
notice. You agree that any termination of your access to
the Site under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Paid
subscription accounts that are terminated will not be
refunded.
ADVERTISEMENTS AND PROMOTIONS
KickoffZone.com will run advertisements and promotions
on the KickoffZone.com You agree that KickoffZone.com and
Kickoff Publishing shall not be 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 such
advertisers on the Site.
LINKS
KickoffZone.com may provide links to other web sites or
resources. You agree that KickoffZone.com has no control
over such sites and resources, you acknowledge and also
agree that KickoffZone.com is not responsible for the
availability of such external sites or resources, and does
not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or
available from such sites or resources. You further
acknowledge and agree that KickoffZone.com shall not be
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content,
goods or services available on or through any such site or
resource.
MEMBER CONDUCT
You understand that all information, data, text,
research, audio, photographs, graphics, video, messages or
other materials, whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. KickoffZone.com does not
control all Content posted on its site and, as such, does
not guarantee the validity of such Content. You also
understand that by using the Site, you may be exposed to
Content that is offensive, indecent or objectionable.
You agree to NOT use the Site or your subscritpion or
registration to:
- Upload, post or otherwise transmit any content that
may be unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive to another's privacy (up to, but not
excluding any address, email, phone number, or any
other contact information with out the written consent
of the owner of such information), hateful, or
racially, ethnically or otherwise objectionable;
- Harm minors in any way
- Impersonate any person or entity, including, but
not limited to, a KickoffZone.com employees, writers,
anaylsist or sports personalities or falsely state or
otherwise misrepresent your affiliation with a person
or entity;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
- Upload, post or otherwise transmit any content that
you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as
inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any content that
infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any
party;
- Upload, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- Upload, post 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;
- Interfere with or disrupt the Service or servers or
networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Sites;
- 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;
- "Stalk" or otherwise harass another person or
company;
- Collect or store personal data about other users
for business purposes;
- Promote or provide instructional information about
illegal activities, promote physical harm or injury
against any group or individual, or promote any act of
cruelty to animals. This may include, but is not
limited to, providing instructions on how to assemble
bombs, grenades and other weapons or incendiary
devices;
- Use KickoffZone.com as a forwarding service to
another website;
- Allow usage by others in such a way as to violate
KickoffZone.com's TOS;
- Engage in commercial activities within
KickoffZon.com or Kickoff Publishing or on behalf of
KickoffZone.com.com without prior approval. This
includes, but is not limited to, the following
activities:
- Displaying a banner that is designed to profit you
or any other business or organization; and
- Displaying banners for services that provide cash
or cash-equivalent prizes to users in exchange for
hyperlinks to their web sites.
If any user is reported to be in violation with the
letter or spirit of these terms, KickoffZone.com retains
the right to terminate such account at any time without
further warning.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
KICKOFFZONE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) KICKOFFZONE.COM MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR
OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM KICKOFFZONE.COM OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KICKOFFZONE.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KICKOFF.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
GENERAL INFORMATION
The TOS constitutes the entire agreement between you and
KickoffZone.com and governs your use of the Service,
superseding any prior agreements between you and
KickoffZone.com (including, but not limited to, any prior
versions of the TOS) and any prior representations by
KickoffZone.com. The laws of the State of TENNESSEE, U.S.A,
shall govern the TOS and the relationship between you and
Kickoffzone.com. without regard to its conflict of law
provisions. You and KickoffZonecom agree to submit to the
personal and exclusive jurisdiction of the courts located
within the city of Chattanooga, TN The failure of
KickoffZone.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by
a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Report violations of these Terms of Service by
calling
423-267-0952
REVISIONS
KickoffZone.com may at any time revise these Terms of
Service by updating this posting. By using this Site, you
agree to be bound by any such revisions and should
therefore periodically visit this page to determine the
then-current Terms of Service to which you are bound.