Terms of Service

Last Modified – May 22, 2018

AGREEMENT AND SERVICES

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION,” WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION.”

BY ACCESSING OR USING ANY SPORTSNAUT OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT USE ANY SPORTSNAUT OFFERINGS.

Sportsnaut and/or its Affiliates provide access to the Sportsnaut Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “Sportsnaut Offerings” means the web sites of Sportsnaut, including www.sportsnaut.com, any other sites on which these Terms of Use are posted, and any other Sportsnaut service or product licensed by you through third party sites or sources, including the products and services available through any of the foregoing.

THESE TERMS OF USE ARE ENTERED INTO BETWEEN YOU AND SPORTSNAUT. THE TERM “SPORTSNAUT” INCLUDES ITS AFFILIATES. Your use of the Sportsnaut Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the Sportsnaut Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a Sportsnaut Offering, including any amendments or updates thereto.

Without limiting the foregoing, each submission or delivery of information to Sportsnaut or a Sportsnaut Offering are governed by these Terms of Use. The Sportsnaut Offerings are always evolving, so it is important that you periodically check these Terms of Use. Sportsnaut reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If Sportsnaut makes changes to these Terms of Use, we will provide notice of such changes, such as (by way of example only) by providing notice through the Sportsnaut Offerings or updating the “Last Modified” date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect immediately such notice. Your continued access or use of any Sportsnaut Offering constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the Sportsnaut Offerings. If you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Sportsnaut Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Sportsnaut Offering, these Terms of Use will control.

ELECTRONIC COMMUNICATIONS

When you access a Sportsnaut Offering you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or Social Media. You agree that all agreements, notices, disclosures and other communications that Sportsnaut provides to you electronically satisfy any legal requirement that such communications be in writing.

SOCIAL NETWORK SITES

If you access a Sportsnaut Offering via a third party social networking site (“Social Media“), you should be aware that Social Media are only available to individuals who have registered with the social networking site. You agree that your social networking site account information is accurate, current and complete.

If Sportsnaut has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Sportsnaut may suspend or terminate your ability to use or access Sportsnaut via Social Media.

COMMUNICATIONS

Generally

You agree that when you submit comments, posts and other content via any Sportsnaut Offering you accept these Terms of Use. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Sportsnaut Offerings. Content standards may vary depending on where you are within a Sportsnaut Offering and the expectations of the relevant community. You should always use your best and most respectful and conservative judgment in interacting and submitting any content, such as a post or message boards, within a Sportsnaut Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Sportsnaut Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Sportsnaut does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Sportsnaut Offerings. Sportsnaut does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Sportsnaut Offerings. You agree to indemnify Sportsnaut and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Sportsnaut Offerings.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use:

  • Posting, transmitting, promoting, or distributing any content that is illegal
  • Harassing or threatening any other user of a Sportsnaut Offering or any employee or contractor of Sportsnaut
  • Impersonating another person, indicating that you are a Sportsnaut employee or a representative of Sportsnaut (if you are not), or attempting to mislead users by indicating that you represent Sportsnaut in any way
  • Attempting to obtain private information from any user of a Sportsnaut Offering
  • Uploading any software, files, photos, images or any other content to a Sportsnaut Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Sportsnaut Offering.
  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
  • Improperly using any support functions or complaint buttons, or making false complaints or other reports to Sportsnaut representatives.
  • Posting or communicating any persons real-world personal information within or through a Sportsnaut Offering
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Sportsnaut Offering, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a Sportsnaut Offering, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any Sportsnaut Offering security feature or any feature that restricts or enforces limitations on use of or access to a Sportsnaut Offering.

Public Nature of Communications

You acknowledge and agree that your submitted content, including your posts and any other similar types of communications and submissions on or through any Offering Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Sportsnaut Offerings (other than with respect to the information you provide to us in establishing email communication(s), if applicable). You acknowledge that personal information that you communicate publicly within any Sportsnaut Offering may be seen and used by others and may result in unsolicited communications. Sportsnaut is not liable for any information that you choose to submit or communicate to other users on or through any Sportsnaut Offerings, or for the actions of any other users of any Sportsnaut Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any Sportsnaut Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Sportsnaut and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Sportsnaut permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Sportsnaut Offering, you expressly grant Sportsnaut the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Sportsnaut Offerings to collect information, including names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Sportsnaut Offerings, or otherwise exploit your participation on or through any Sportsnaut Offerings for any commercial purpose.

Comments

You may submit comments on Sportsnaut Offerings. Use of the comments feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use.

When you post a comment, we will display your your user name and certain other information you may provide, such as your city and state location. By submitting a comment, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the comment feature.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES

Any and all content and services (including advertising) within a Sportsnaut Offering that are not owned by Sportsnaut are “third party content and services.” Sportsnaut acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Sportsnaut Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Sportsnaut does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, Sportsnaut reserves the right, in its sole discretion, to immediately terminate your participation in any or all Sportsnaut Offerings. You acknowledge that Sportsnaut is not required to notify you prior to terminating any such account.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Sportsnaut Offerings are trademarks, registered trademarks or trade dress of Sportsnaut or its licensors or principals in the United States and/or other countries. Sportsnaut trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Sportsnaut, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Sportsnaut or any Sportsnaut Offering. The compilation of all content on the Sportsnaut Offerings is the exclusive property of Sportsnaut and is protected by United States and international copyright laws. You may not use, copy, modify from any content from the Sportsnaut Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Sportsnaut that appear on the Sportsnaut Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Sportsnaut. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Sportsnaut Offerings, you agree to indemnify and hold harmless Sportsnaut and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY SPORTSNAUT OFFERINGS AND THE INTERNET IS AT YOUR SOLE RISK. ALL SPORTSNAUT OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPORTSNAUT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SPORTSNAUT OFFERINGS AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE SPORTSNAUT OFFERINGS INCLUDING NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM SPORTSNAUT ARE FREE FROM HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPORTSNAUT IS TO STOP USING THE SPORTSNAUT OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT SPORTSNAUT IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A SPORTSNAUT OFFERING BY, ANY SPORTSNAUT OFFERING USER. IN NO EVENT SHALL SPORTSNAUT’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SPORTSNAUT FOR YOUR PARTICIPATION IN ANY SPORTSNAUT OFFERING. IN NO CASE SHALL SPORTSNAUT OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY SPORTSNAUT OFFERING. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SPORTSNAUT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SPORTSNAUT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF SPORTSNAUT OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING SPORTSNAUT OFFERINGS, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Sportsnaut and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Sportsnaut Offering. Without limiting your indemnification obligations described herein, Sportsnaut reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Sportsnaut relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Sportsnaut respects the privacy of Sportsnaut Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Sportsnaut Offerings, to understand our policies and practices with respect your personal information.

APPLICABLE LAW, JURISDICTION, AND VENUE

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).

You and Sportsnaut irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in Pinal County, Arizona, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Sportsnaut Offering, that are heard in court (not arbitration).

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SPORTSNAUT AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SPORTSNAUT. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SPORTSNAUT BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.

Scope of Arbitration Provision. You and Sportsnaut agree that any dispute, claim or controversy arising out of or relating to your access to or use of any Sportsnaut Offering or to these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a “Dispute”), shall be determined by arbitration, except that you and Sportsnaut are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Location of Arbitration and Applicable Rules. You and Sportsnaut agree that such arbitration shall occur in Pinal County, Arizona. You may request to appear in such proceedings telephonically. You and Sportsnaut agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”), as modified by these Terms of Use.

Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

Confidentiality. You and Sportsnaut shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision

Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and Sportsnaut will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.

WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND SPORTSNAUT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND SPORTSNAUT ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only by written Notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Oointah, Inc. P.O. Box 525, Queen Creek, AZ 85142. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the Notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with Sportsnaut through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and Sportsnaut shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.

If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

STATUTE OF LIMITATIONS

You and Sportsnaut 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 a Sportsnaut Offering, these Terms of Use or the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

SEVERABILITY

If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

CONTACT US

Click here to contact Sportsnaut via e-mail.

Oointah, Inc.
P.O. Box 525
Queen Creek, AZ 85142

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Sportsnaut Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Sportsnaut Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located within the Sportsnaut Offering;

(iv) Information reasonably sufficient to permit Sportsnaut to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(vii) Sportsnaut Designated Agent is:

Oointah, Inc.
P.O. Box 525
Queen Creek, AZ 85142