PROKICKER.COM TERMS OF USE
Please read the following information carefully. This website and its related services are provided subject to your compliance with the terms and conditions set forth below. Your continued use of this website indicates your agreement to be bound by the terms and conditions set forth below. If you do not agree to be bound by the terms and conditions, promptly exit this website.
1. Restrictions on Use. All pages within PROKICKER.COM and any material available for download (collectively the “Website”) are the property of American Football Specialists, Inc. (“AFS”) and its affiliates. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of AFS. You shall not post unauthorized commercial communications (such as spam) on the Website. You shall not collect users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without AFS’s prior permission. You will not upload viruses or other malicious code. You shall not bully, intimidate, or harass any user. Any rights not expressly granted by these Terms of Use are reserved by AFS.
2. Trademark Notice. AFS is the owner of the following registered trademarks: RAY GUY ACADEMY, SNAPSHOT, PROKICKER.COM, KICKING ZONE, and FOOTNOTES. All other trademarks, service marks and logos used on this Website are the trademarks, service marks and logos of their respective owners.
3. Warranty Disclaimer. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, ITS RELATED SERVICES, AND HYPERLINKED WEBSITES.
AFS, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Website, its related services, content or information contained within the Website or any of the hyperlinked websites. Your sole remedy for dissatisfaction with the Website, its site related services, or any hyperlinked websites is to stop using the Website or those services.
Although AFS attempts to ensure the integrity and accurateness of the information on the Website, it makes no guarantees whatsoever as to the correctness or accuracy of such information. It is possible that the Website could contain inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform AFS so that the inaccuracy can be corrected. Information contained on the Website may be changed or updated without notice.
4. Confidential and Proprietary Information and Intellectual Property Content. AFS does not want to receive confidential and proprietary information from you through the Website. Please note that any information or material sent to AFS through the Website will be deemed NOT confidential. By sending AFS any information or material, you grant AFS unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information. You also agree that AFS is free to use any ideas, concepts, know-how, or techniques that you send us for any purposes through the Website.
Also, for content that is covered by intellectual property rights, like photos and videos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use any IP content that you post on or in connection with the Website. This IP License ends when you delete your IP content on your account unless you have shared the same content with other users and they have not deleted it.
5. Hyperlinks To Other Websites. AFS makes no representations whatsoever about other websites that you may access through this Website. When you access a non-AFS Website, please understand that it is independent from AFS, and that AFS has no control over the content on that website. In addition, a hyperlink to a non-AFS website does not mean that AFS has endorsed or accepts any responsibility for the content, or the use, of the linked site. While AFS certainly does its best to keep the Website safe, it cannot guarantee that safety. You must take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other similarly harmful software.
6. Choice of Law and Venue. These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any disputes, claims, or causes of actions arising out of or relating to these Terms of Use will be resolved exclusively in the U.S. District Court for the Western District of Kentucky or a state court located in Jefferson County, Kentucky. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
7. No Unlawful or Prohibited Purpose. As a pre-condition to accessing and using this Website, you warrant to AFS that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.
61317215.1
