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.