The following terms and conditions (“Terms of Service”) govern your use of the Sport Stuff Genius website (the “Site”) and services or information accessed through the Site (collectively, the “Service”) operated by Last Time Ago LLC dba Sport Stuff Genius (“Sport Stuff Genius”, “we” or “us”). By accessing and using the Service and/or any information, content or materials made available on the Service, including by downloading any information, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site. We recommend that you print out a copy of these Terms for your records. Our Site is controlled and operated from the United States and are subject to United States law.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
Website Terms and Conditions
- Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Website (“Site’) in relation to a specific service or feature (collectively, “Terms of Use”) and the Sport Stuff Genius Privacy Policy, set forth the terms and conditions that apply to your use of the SportStuff.com Site. We urge you to read our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service by this reference as though fully set forth herein. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not use the Site.
- Changes to Terms of Use. Sport Stuff Genius may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effectively immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
- Changes to Site. Sport Stuff Genius may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- Copyright Ownership. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Sport Stuff Genius owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Sport Stuff Genius and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Site contained therein, or any aspect of the Site, without the prior express consent from an authorized Sport Stuff Genius representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Site). Furthermore, you agree that you will not use our Site for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use our Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of these Terms of Use.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITE, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
- With respect to all communications you make to us regarding information on the Site including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Statement).
- The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Sport Stuff Genius assumes no responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to information affected by such inaccuracies. Sport Stuff Genius reserves the right to make changes, corrections, cancellations and/or improvements to its Site, and to the services and programs described in such information, at any time without notice, including after confirmation of a transaction.
- If you choose to leave our Site via links to other third-party websites, including those of advertisers, our Terms of Use and our Privacy Statement will no longer apply. We are not responsible for the terms of use or privacy policies of those third-party websites or the cookies they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Sport Stuff Genius is not responsible for the availability of such third-party sites or resources, and Sport Stuff Genius does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
- These Terms of Use shall be construed and enforced under the laws of the State of California, USA, applicable to contracts executed and performed within California, USA. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in El Dorado County, State of California and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of our Site. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.