Last modified January 6, 2020
The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, receive data from the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Site that may direct your browser or your Internet connection to third party Web sites or Web pages.
1. GENERAL USE OF THE SITE
3. OWNERSHIP AND PROPRIETARY RIGHTS
Copyright © 2020 Aithos Sports, LLC – All Rights Reserved.
The Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”), are the property of Aithos and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors.
All Content on the Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Aithos authorizes you to access Content and grants you the right to use the Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you display, print or reproduce from the Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of Aithos. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the Site are the intellectual property of and proprietary to Aithos, its advertisers, suppliers and others with whom Aithos may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of Aithos. You may not use any meta tags or any other “hidden text” utilizing Aithos’ Marks without our express written consent. Any unauthorized use terminates the permission or license granted by Aithos.
If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Aithos makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site.
4. LICENSE AND SITE ACCESS
Aithos authorizes you to access Content and grants you the limited right and license to use the Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the Site for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the Site, including notices on any Content you display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express, prior, written consent of Aithos.
This license does not include any resale or commercial use of the Site or its Content; any derivative use of the Site or its Content; any downloading or copying of registration information; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the Site unless you are expressly authorized to do so by Aithos.
The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Aithos. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Site without our express, written consent.
As an express condition of your use of the Site, you warrant to us that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Aithos makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site.
5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Aithos has adopted the following Intellectual Property Compliance Policy. If you or any user of the Site believes its copyright has been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrighted work that is to be removed and information reasonably sufficient to permit us to locate such materials;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrighted work that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Aithos Sports, LLC
ATTN: Legal Department
9711 Washingtonian Blvd., Suite 550
Gaithersburg Md 20878
On notice, we will act expeditiously to review and if necessary to remove Content on the Site that infringes the copyrights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
The Site may offer various products for sale (collectively “Sale Merchandise”) or resale from third parties (“Resale Merchandise”), or direct or link to other Web sites that sell goods and services (“Linked Merchandise”), all collectively referred to as “Merchandise”. In order to request Merchandise from the Site you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. By placing such an order for Merchandise, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. We reserve the right to discontinue Merchandise without notice, even if you have already placed your order. The inclusion of any Merchandise on the Site at a particular time does not imply or warrant that such Merchandise will be available at all times.
All Merchandise prices are shown in U.S. dollars, and are valid and effective for all Merchandise ordered through the Site on the day they are ordered. Merchandise is subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
We try to assure the accuracy of all information displayed on the Site, but it is possible that the information contains errors, inaccuracies, or omissions. You accept full responsibility for your use of the Site. In particular, with respect to Merchandize offered on the Site, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor the colors you see might not accurately depict the actual colors of the Merchandise. Minor color variations will not be considered as resulting in Merchandise being deemed defective. In addition, due to typical and very common manufacturing inconsistencies, Merchandise weights and measurements can vary slightly from the specific information set forth on the Site. Minor variations in Merchandise weighs and measurements will not be considered as resulting in Merchandise being deemed defective.
We have no responsibility or liability whatsoever for Resale Merchandise or Linked Merchandise. Moreover, we are not responsible in any manner for assisting you in correcting any problem you may experience with such Resale Merchandise or Linked Merchandise. You agree that your sole and exclusive remedy for defective Resale Merchandise or Linked Merchandise lies with the specific manufacturer, licensor or distributor of the products and not Aithos. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL MERCHANDISE. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
You are responsible for any taxes imposed on the sale or use of Merchandise and applicable taxes will be added to the amount charged for Merchandise purchased on the Site. You agree to indemnify, defend and hold Aithos, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any taxes to the proper governmental authorities.
7. HYPERLINKS TO THIRD PARTY SITES
Email is an important communications channel for the Site and Aithos. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.
Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the use of similar plans and ideas by Aithos, this Site and our corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction.
9. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SITE AND ALL MATERIALS, AND SERVICES THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, Aithos is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, AITHOS OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
10. ADS AND MALWARE
We take great care and pride in creating the Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Site – and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware – short for MALicious softWARE – is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
11. INTERNATIONAL USE
Although the Site may be accessible worldwide, we make no representation that any of our Content or the Merchandise provided through the Site are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where such Content or Merchandise are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for Merchandise, and/or information made in connection with the Site, is void where prohibited.
12. MISCELLANEOUS TERMS
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
This Agreement and your use of the Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable State and Federal Courts situated in the State of Maryland and agree you will not object to such exclusive jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Aithos has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.