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USE OF THE VORTICY SPORTS INC. ("VORTICY SPORTS") WEBSITE
IS SUBJECT TO THESE TERMS OF USE.
Agreement
Please read this User Agreement carefully before using the Vorticy
Sports.com Web site ("Site"). This Agreement explains
the terms and conditions governing the use of the Site ("Terms
of Use"), and it is your responsibility to read and understand
them. By using the Site you expressly agree to be bound by these
Terms of Use and to follow them as well as all applicable laws
and regulations governing the Site. If you do not agree to be
bound by these Terms of Use, you may not access or use this Site.
Vorticy Sports reserves the right to change these Terms of Use
at any time, effective immediately upon posting on the Site. Please
check this page periodically. We will note updates to the Terms
of Use at the bottom of this page. By continuing to use the Site
after we post any such change, you accept the revised Terms of
Use. If you violate these Terms of Use, Vorticy Sports may terminate
your use of the Site, bar you from future use of the Site, and/or
take appropriate legal action against you.
Permitted Use
You agree that you are only authorized to visit, view and retain
a copy of pages of this Site for your own personal use, and that
you will not duplicate, download, publish, modify or otherwise
distribute the material on this Site for any purpose other than
to review product information for personal use, or to purchase
merchandise for your personal use. You also agree not to deep-link
to the site for any purpose, unless specifically authorized in
writing by Vorticy Sports to do so.
No Commercial Use
Visitors may not use this Site for any commercial purposes such
as to sell merchandise or services of any kind. You must obtain
our prior written consent to make commercial offers of any kind,
whether by advertisements, solicitations, links, or by any other
form of communication. We will investigate and take appropriate
legal action against anyone who violates this provision, and will
remove the offending communication from the Site and bar the violator
from using the Site further.
Links and Search Results
The Site may automatically produce search results that reference
and/or link to third party sites throughout the World Wide Web.
Vorticy Sports has no control over these sites or the content
within them. Vorticy Sports cannot guarantee, represent or warrant
that the content contained in the sites is accurate, legal and/or
inoffensive. Vorticy Sports does not endorse the content of any
third party site, nor do we represent or warrant that they will
not contain viruses or otherwise impact your computer. By using
the Site to search for or link to another site, you agree and
understand that you may not make any claim against Vorticy Sports
for any damages or losses, resulting from that use. Vorticy Sports
is not responsible for any of your activities on any linked website,
including without limitation, your purchase of products or services.
Copyright
All content included on this Site, including text, graphics, logos,
icons, images, and software is the property of Vorticy Sports
or its content suppliers and is protected by United States and
international copyright laws. This compilation (that is, the collection,
arrangement and assembly) of all content on this Site is the exclusive
property of Vorticy Sports and is protected by U.S. and international
copyright laws. Vorticy Sports reserves the right to revise the
pages of the Site or withdraw access to them at any time.
Trademarks
Vorticy Sports, CornHole2, SpiderBats, WebWrap are registered/unregistered
trademarks of Vorticy Sports Inc. Vorticy Sports' logos and trademarks
that appear throughout the Site belong to Vorticy Sports Corp.,
its affiliates or third party trademark owners, and are protected
by U.S. and international trademark laws. Without Vorticy Sports'
express prior written permission, you may not display or use in
any manner, the Vorticy Sports logos or trademarks. Nothing on
the Site shall be construed as granting any license or other right
to the intellectual property or other proprietary rights of Vorticy
Sports, its affiliates or any third party, whether by estoppel,
implication or otherwise. All contents of the Site are: ©
Copyright 2006 Vorticy Sports Corp. or its licensors. All Rights
Reserved.
Disclaimer of Warranty
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND
THE INFORMATION FOUND THERE IS ENTIRELY AT YOUR RISK. VORTICY
SPORTS AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OR
ANY REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION
TO THE AVAILABILITY, ACCURACY, VALIDITY, COMPLETENESS, RELIABILITY
OR CONTENT OF THESE PAGES AND/OR THE SITE. VORTICY SPORTS SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN
IF VORTICY SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE
AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST VORTICY
SPORTS, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU
SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542
WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION
OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY
OF VORTICY SPORTS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Applicable Law
These Terms of Use and all legal issues related to the Site shall
be governed by the laws of the State of California, without regard
to conflict of laws principles. You agree that any dispute involving
these terms of use or this Site will be heard in a court with
jurisdiction in San Diego County, California. You further agree
that the prevailing party in any legal action will be entitled
to recover its reasonable attorneys' fees incurred in connection
with that action. If for any reason a court of competent jurisdiction
finds any provision of these Terms of Use to be unenforceable,
the remaining terms will continue in full force and effect.
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