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The following Terms of Use contains the complete terms and conditions that
apply to an individual's or entity's use of this site, including any
Pal's Sports Center Online Retail Flyer and/or Pal's Sports Center Web Catalog
accessed from within this site. As used in this Agreement, "We,"
"Us" or "Our" refers to Pal's Sports Center, and "You"
or "Your" refers to the user. "Site" means any Pal's Sports Center
site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS
AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions
and Your waiver of any and all claims against Pal's Sports Center, its
parents, subsidiaries, affiliates, contractors, agents, officers, directors
or employees arising out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in
these Terms of Use, at any time and in Our sole discretion, by posting a change
notice or a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED
USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE
CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1
Use.
All content included on Our Site, such as text, graphics, logos, button
icons, images, audio clips and software, is Our property or that of Our content
suppliers and is protected by U.S. and international copyright laws. The
compilation (meaning the collection, arrangement and assembly) of all content on
Our Site is Our property protected by U.S. and international copyright laws. All
software used on Our Site is Our property or that of Our software suppliers and
is protected by U.S. and international copyright laws. You may electronically
copy and print in hard copy portions of Our Site for the limited purpose of
placing an order with Us or using it as a shopping resource. Any other
use-including reproduction for purposes other than those noted above,
modification, distribution, transmission, republication, display or
performance-of the content on a Site without Our prior written permission is
strictly prohibited.
3.2 Penalty.
Unauthorized copying of the
software, or failure to comply with the above restrictions, may result in severe
civil and criminal penalties. Unauthorized duplication of the software
constitutes copyright infringement and, in the United States, is punishable in a
federal criminal action by a fine of up to U.S.$250,000 and imprisonment for up
to five (5) years. In addition, federal civil penalties allow the recovery of
actual damages based on the number of copies produced plus the profits of the
infringer, or statutory damages of up to U.S.$100,000 for willful copyright
infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS
AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS,
MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF
COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION
OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS
PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited
material, product suggestions or original or creative ideas (collectively,
"Materials") submitted through Our Site. If despite this policy you submit any
such Materials, We will deem it Our property. We will not treat the Materials as
confidential, and We will not be liable for any use or disclosure of such
Materials. Without limitation, We will own the exclusive rights to the Materials
and will be entitled to unrestricted use of the Materials for any purpose,
commercial or otherwise, without compensation to the submitter of such
Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR
DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID
US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless Pal's Sports Center, its parents, subsidiaries,
affiliates, contractors, agent, officers, directors and employees against
all claims, losses, damages, liabilities, costs and expenses (including
reasonable attorneys' fees and costs) made due to or arising out of a violation
of these Terms of Use or Your use of this Site, including, without limitation,
any claim arising out of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict performance
of any provision or right under the terms and conditions of these Terms of Use,
it will not be construed as a waiver of any provision or right; rather, the same
will be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of to the exclusion of any other law which may be imputed in accordance with
choice of law rules applicable in any jurisdiction. The 1980 U.N. Convention
on Contracts for the International Sale of Goods or any successor thereto
does not apply to these Terms of Use. For any suit or claim pertaining
to these Terms of Use or any information furnished hereunder, You irrevocably
consent to the jurisdiction and venue of any state or federal court sitting
in that County in the State of in which Pal's Sports Center's
primary business operation is located , and You will not commence an action
or proceeding relating to the subject matter of these Terms of Use in any
other jurisdiction.
8.3 English Language Governs. It is the express wish of the parties that
these Terms of Use be drawn up in English.
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership, joint venture or
franchise relationship among the parties or as imposing any partnership or
franchiser obligation or liability on either party.
8.5 Compliance With
Laws. You will comply at Your own expense with all statutes, regulations, rules,
ordinances and orders of any governmental body, department or agency that apply
to or result from Your use of Our Site.
8.6. Severability. If any
provision of these Terms of Use will be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from and will not
affect the validity and enforceability of any remaining provisions.
OUR
ADDRESS:
Pal's Sports Center
1327 College Ave.
Elmira, NY 14901
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