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TERMS of Use

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These Terms of Use explain the contractual agreement between you, who agrees to these Terms of Use ("you", "your", "USER"), and SportsOneSource.com, ("SportsOneSource.com", "we", "us", "our") regarding your use of the SportsOneSource.com Web Site ("Web Site") and activities and transactions conducted through the Web Site.  In addition, when using particular services in this Web Site, you and SportsOneSource.com may be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.  All such guidelines or rules, if any, are hereby incorporated by reference into these Terms of Use.

1. SIGNING IN

By using the Web Site, you agree to the provisions contained in these Terms of Use, which govern your use of SportsOneSource.com's services.  To become a "BASIC Subscriber," you are initially required to log in to the Web Site and enter your password, acknowledging your agreement with these Terms of Use and enabling you to proceed with the registration.  If you do not accept these Terms of Use, you are not authorized to use the Web Site.  We recommend that you print a copy of these Terms of Use for your records.  We also recommend that you review these Terms of Use regularly to review any amendments or modifications that may be made by SportsOneSource.com from time to time.

The most current version of these Terms of Use may be viewed by clicking here.  If you have any questions about these Terms of Use, please call us at 704.987.3450 or e-mail us at admin@SportsOneSource.com.

2. TYPES OF USERS

The Web Site acts as a venue for users to exchange news and information, to search for and review products and services, to purchase products and services, to participate in auctions and other sales transactions, and to establish an electronic marketplace for the sporting goods industry.  There are different types of users of this Web Site:

(1) "Visitors" are users of the Web Site who are authorized to view the home page of the Web Site, review headlines to news and financial information, explore all of the news and content choices available to BASIC Subscribers, and view general information about the Web Site.  By accessing publicly-available portions of the Web Site, Visitors agree to be bound by these Terms of Use.

(2) "BASIC Subscribers" are users of the Web Site who are provided with a userID and password, and who are authorized to visit additional selected areas of the Web Site.  To become a BASIC Subscriber, you must register as a BASIC Subscriber by filling out an on-line application, selecting an available userID and password, and then reviewing and agreeing to these Terms of Use.

(3) "PREMIUM Subscribers" are users of the Web Site who are provided with a userID and password, pay an additonal PREMIUM Subscription fee, and who are authorized to visit additional selected areas of the Web Site.  To upgrade to a PREMIUM Subscriber, you must first register as a BASIC Subscriber by filling out an online application, selecting an available userID and password, and then reviewing and agreeing to these Terms of Use.  You are then able to upgrade to the PREMIUM service by clicking the "Subscribe" button at:  PREMIUM Services

(4) "EXECUTIVE Subscribers" are users of the Web Site who are provided with a userID and password, pay an additional EXECUTIVE Subscription fee, and who are authorized to visit additional designated PREMIUM and EXECUTIVE areas of the Web Site.  To upgrade to a EXECUTIVE Subscriber, you must first register as a BASIC Subscriber by filling out an online application, selecting an available userID and password, and then reviewing and agreeing to these Terms of Use. You are then able to upgrade to the EXECUTIVE service by clicking the "Subscribe" button at:  EXECUTIVE Services

(5) "BOSS Subscribers" are users of the Web Site who are provided with a userID and password, pay an additonal BOSS Subscription fee, and who are authorized to visit additional designated BOSS areas of the Web Site.  To upgrade to a BOSS Subscriber, you must first register as a BASIC Subscriber by filling out an online application, selecting an available userID and password, and then reviewing and agreeing to these Terms of Use.  You are then able to upgrade to the BOSS service by clicking the "Subscribe" button at:  BOSS Services

(6) "Buyers" are users of the Web Site who have been approved by SportsOneSource.com and who have reviewed and agreed to be bound by these Terms of Use and by a Web Site Buyer's Agreement.  After becoming "authorized" by one or more Sellers, a Buyer is provided with a SportsOneSource.com buyerís badge and is allowed to place orders for products and services from sellerís catalogs on the Web Site.  To become a Buyer, you must register as a Buyer by filling out a detailed online application, including a credit report which is sent to Sellers chosen by you and for which you want to become an authorized Buyer, agree to these Terms of Use, and also review and agree to the Web Site Buyer's Agreement.

(7) "Sellers" are permitted to offer products and services according to the terms and conditions of a Web Site Sellerís Agreement and are provided with certain information as described in that agreement.  Sellers "authorize" Buyers to become their "authorized" Buyers, permitting such Buyers to submit orders and bids for their products and services.

3. UPDATES AND AMENDMENTS TO THESE TERMS OF USE

SportsOneSource.com reserves the right to amend, modify, revise, or withdraw any or all of these Terms of Use at any time and without any prior notice.  All USERS and Buyers should receive a notice by e-mail or other suitable means of the amended Terms of Use.  The amended Terms of Use will be effective as to USERS and Buyers on the date indicated in the notice.  SportsOneSource.com also reserves the right to add, delete, or modify some or all of the services provided by SportsOneSource.com or on the Web Site at any time.  You may only amend these Terms of Use with a written amendment signed by both of us.

4. SYSTEM INTEGRITY

You may not use any device, software, or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Web Site, including any auction or purchase being conducted on, through, or facilitated by the Web Site.  You also may not surreptitiously intercept or expropriate any system, personal information, or other data from the Web Site.  You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.

5. INFORMATION POSTED ON SportsOneSource.com

Except for orders, bids, and personal profile information, which are maintained as private in accordance with our Privacy Policy, you should assume that information posted to the Web Site is public.  You are solely responsible for any and all information which you post on the Web Site, including but not limited to any posting or listing in any public message area or through any e-mail feature.  By using the Web Site, you hereby grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right to use and exploit and/or exercise all copyright and publicity rights with respect to such information.  You also agree that the information will not:  (a) infringe any third party's rights, including but not limited to intellectual property, publicity, or privacy; (b) be defamatory, trade libelous, threatening, or harassing; nor (c) be obscene, indecent, or contain pornography.

We do not endorse any information posted or third-party content contained on the Web Site, and we are not liable for any such information, including but not limited to any information posted about you.  We reserve the right to take any action with respect to information posted on the Web Site which we believe is inappropriate in our sole discretion, including but not limited to termination of your rights of use.  However, we cannot, nor do we, control the information provided by users, content providers, or other third-parties which is made available through our system.  By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.

6. LINKS

The Web Site may contain links to third-party web sites not under the control or operation of SportsOneSource.com.  When we provide links, we do so only as a convenience to users of the Web Site.  We do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.  Unless you have a written agreement in effect with us which states otherwise, you may ONLY provide a hypertext link to this Web Site on another web site, IF you comply with all of the following:  (a) the link must be a text-only link clearly marked "SportsOneSource.com" or "www.SportsOneSource.com"; (b) the link must "point" to the URL "http://www.SportsOneSource.com" and not to other pages within this Web Site; (c) the link, when activated by a user, must display this Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position, and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance that we are associated with or sponsor the linking web site.  We reserve the right to revoke our consent to any link at any time at our sole discretion.

7. THIRD-PARTY CONTENT

The Web Site contains news and information published by various third-party providers.  The Terms and Conditions of the respective third parties are posted on the Web Site (and may be updated from time to time).  We recommend that you review these Terms and Conditions.  If at any time you are not in compliance with these Terms and Conditions, we reserve the right to terminate your rights of use and your access to this Web Site.

8. COMPLIANCE WITH LAWS

You must comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Web Site, or your ordering of, bidding on, or purchase of products and services, if applicable, and posting and retrieval of information (including without limitation those governing antitrust, unfair competition, false advertising, tax, and export control).  You are responsible for paying all applicable fees and taxes you incur in connection with accessing the Web Site and our servers.  You acknowledge that we have an express policy of complying with the antitrust laws and that the operation of the Web Site is not intended to facilitate collusion or other illegal agreements among competitors.  TO FURTHER THAT END, YOU REPRESENT AND WARRANT TO US THAT YOU DO NOT INTEND TO USE THE WEB SITE TO VIOLATE ANY ANTITRUST LAWS AND WILL NOT KNOWINGLY ACT AS A CONDUIT OR INTERMEDIARY FOR PRICE-FIXING OR ANY OTHER ANTI-COMPETITIVE AGREEMENT AMONG COMPETITORS.

9. TERMINATION BY US

We may immediately terminate any or all of your rights of use and/or any of your current bids or orders, if applicable, if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you provide to us.  You may terminate your userID and password at any time by contacting us at admin@SportsOneSource.com.

10. TERMINATION BY USER

Any registered user may delete their name and information at any time by accessing the "My Account" button on any page.

11. RECURRING PAYMENTS

(1)MONTHLY RECURRING PAYMENTS are transacted the first day of the subscription and then on the first day of the first month of each subsequent THIRTY (30) DAY period (e.g. A subscription commencing on June 16th would bill on June 16 and then again on July 1, August 1, September 1, etc...) until such subscription is terminated by the USER or expiration of the payment type used, whichever occurs first.

(2)QUARTERLY RECURRING PAYMENTS are transacted the first day of the subscription and then on the first day of the first month of each subsequent NINETY (90) DAY period (e.g. A subscription commencing on June 16th would bill on June 16 and then again on September 1, December 1, March 1, etc...) until such subscription is terminated by the USER or expiration of the payment type used, whichever occurs first.

12. RECURRING PAYMENT CANCELLATION

PREMIUM and EXECUTIVE level subscribers may cancel subscriptions requiring payment thirty (30) days prior to the next periodic payment date.

13. PRIVACY

Your userID and password, and Buyer approval code, if applicable, should be maintained as confidential and should not be shared with anyone or distributed or disclosed to third parties.  It is your responsibility to notify us if you need to change or discontinue the userID and password and you may do so by contacting us at admin@SportsOneSource.com.  It is also your responsibility to request such discontinuation immediately upon your knowledge or belief that such userID and/or password is or may be subject to a breach of confidentiality.  We recommend that you review our Privacy Policy, which is incorporated herein by reference into these Terms of Use.  Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy.  For example, we may be required by law to disclose information to government authorities, law enforcement, or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

14. OWNERSHIP

The Web Site and all intellectual property rights included in or related to the Web Site (including but not limited to patents, trademarks, service marks, trade names, copyrights, and trade secrets), are owned or licensed by us, and all right, title, and interest in the Web Site and to the intellectual property rights remain our property.  You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to this Web Site.  Certain content of the Web Site is licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties.  You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Web Site or its content.

15. OUR RELATIONSHIP

The Web Site is only a site for electronic marketplace activities, and we do not perform any of the activities for ourselves or on behalf of any Visitor, BASIC Subscriber, Buyer, or Seller.  No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and SportsOneSource.com.  These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.

16. NOTICES

Except as explicitly stated otherwise or required by law, you shall provide any notices to SportsOneSource.com by e-mail to admin@SportsOneSource.com.  We shall provide any notices to you by posting on the Web Site and/or by e-mail to the e-mail address you provided during your registration as a BASIC Subscriber.  E-mail notices will be deemed delivered within 12 hours of sending by us.

17. GOVERNING LAW AND JURISDICTION

The Web Site (excluding linked sites) is operated by us from our offices within North Carolina, United States of America.  The Web Site can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of North Carolina, by accessing the Web Site you agree that these Terms of Use and your use of the Web Site shall be governed in all respects by the internal substantive laws of North Carolina without regard to conflict of the law's provisions and shall not be governed by the United Nations Convention on the International Sale of Goods.  You further submit to jurisdiction and venue in the state and federal courts located in North Carolina and further agree that any cause of action you may bring arising under your use of the Web Site shall be brought by you exclusively in a state or federal court located in North Carolina.  SportsOneSource.com makes no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

18. NO WARRANTY

WE PROVIDE THE WEB SITE AND OUR SERVICES "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.  WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE WEB SITE MAY BE INTERFERRED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.  YOU USE THE WEB SITE AT YOUR OWN RISK.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorney's fees) resulting from your use of the Web Site, your breach of any provision of these Terms of Use, and/or any intentional wrongdoing by you.  Any such indemnification shall be conditioned on our:  (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss, or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement.  We shall be entitled to participate in such defense at our own cost and expense.  We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

20. LIMITATION OF LIABILITY

Because we are not and cannot be involved in transactions and communications between users of the Web Site, in the event that you have a dispute with one or more users, you release us (and our agents and employees) from claims, demands, and damages (actual, consequential, punitive, and otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Web Site or such disputes.  You waive the provisions of any state law limiting or prohibiting a general release.  Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required, and emergency maintenance work.  We will have no liability, whatsoever, for the unavailability of the Web Site caused by our supplier's performance or lack of performance of the maintenance work to keep the Web Site operational.  We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by us, any third party acts, or any other web host provider, the Internet infrastructure, and network external to the Web Site. IN NO EVENT SHALL SportsOneSource.com BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000. The limitations of liability provided in these Terms of Use inure to the benefit of SportsOneSource.com, our affiliates and to all of our respective officers, directors, employees, attorneys, and agents.

21. OTHER GENERAL PROVISIONS

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced.  Headings are for reference purposes only.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.


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