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("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
1. SIGNING IN
SportsOneSource.com's services. To become a "BASIC Subscriber," you are initially required to log in
of Use regularly to review any amendments or modifications that may be made by SportsOneSource.com from time to time.
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
(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
(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
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
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
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
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
(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.
any time and without any prior notice. All USERS and Buyers should receive a notice by e-mail or other suitable means
in the notice. SportsOneSource.com also reserves the right to add, delete, or modify some or all of the
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.
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
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,
You may terminate your userID and password at any time by contacting us at
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.
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
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.
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
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,
benefit of any third party.
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.
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
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
21. OTHER GENERAL PROVISIONS
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
and agreement between us with respect to the subject matter hereof.