THESE TERMS AND CONDITIONS (“AGREEMENT”) GOVERN YOUR USE OF SPORTN.NET (THE “SITE”). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE. THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND SPORTN.NET (“WE,” “OUR,” OR “US”), MANAGED BY THE WYOMING REGISTERED LEGAL ENTITY SEIR LLC. WE MAY MODIFY OR REVISE THIS AGREEMENT AT ANY TIME, AND ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED AGREEMENT ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF THE MODIFIED AGREEMENT CONSTITUTES YOUR AGREEMENT TO THE MODIFIED AGREEMENT. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, WITHOUT NOTICE AND FOR ANY REASON, INCLUDING YOUR BREACH OF THIS AGREEMENT. THE SITE IS INTENDED FOR USE BY INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD. WE MAY REFUSE TO OFFER THE SITE TO ANY PERSON OR ENTITY, AND WE CAN CHANGE ITS ELIGIBILITY CRITERIA AT ANY TIME. YOU ARE RESPONSIBLE FOR PROVIDING YOUR OWN ACCESS TO THE SITE, AND WE ARE NOT RESPONSIBLE FOR ANY FEES ASSOCIATED WITH YOUR ACCESS TO THE INTERNET OR ANY COSTS INCURRED BY YOU IN ACCESSING THE SITE.
YOU AGREE TO USE THE SITE ONLY FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU AGREE NOT TO USE THE SITE TO POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE. YOU ALSO AGREE NOT TO IMPERSONATE ANY PERSON OR ENTITY OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY. WE RESERVE THE RIGHT TO MONITOR YOUR USE OF THE SITE TO DETERMINE COMPLIANCE WITH THIS AGREEMENT. WE MAY, IN OUR SOLE DISCRETION, REMOVE OR REFUSE TO POST ANY CONTENT THAT VIOLATES THIS AGREEMENT OR IS OTHERWISE OBJECTIONABLE.
ALL CONTENT ON THE SITE, INCLUDING TEXT, GRAPHICS, LOGOS, ICONS, IMAGES, AUDIO CLIPS, DIGITAL DOWNLOADS, DATA COMPILATIONS, AND SOFTWARE, IS THE EXCLUSIVE PROPERTY OF SEIR LLC OR ITS CONTENT SUPPLIERS AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. YOU MAY NOT REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, DOWNLOAD, STORE, OR TRANSMIT ANY OF THE MATERIAL ON OUR SITE, EXCEPT AS ALLOWED BY FAIR USE OR WITH OUR WRITTEN CONSENT.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. OUR LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) TO US FOR ACCESSING THE SITE. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE TO YOU, AND WE WOULD NOT PROVIDE THE SITE TO YOU WITHOUT THIS LIMITATION.
YOU AND US AGREE THAT ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO THE ENFORCEMENT, INTERPRETATION, BREACH, OR VALIDITY THEREOF, SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE ARBITRATION WILL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SEIR LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.