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Welcome to the FASTBREAK Web site (the "Site"). The following terms and conditions ("Terms of Use") govern your use of the Site and the materials accessible on or from the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
The content of the Site, including text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of FASTBREAK and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of FASTBREAK. ("FASTBREAK"), except that you may download Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
The FASTBREAK logo trademarks, service marks, and/or registered trademarks of FASTBREAK in the United States and in other countries. FASTBREAK trademarks may be used only with FASTBREAK's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.
The Site may contain links to other Web sites operated by third parties. FASTBREAK is not responsible for the content or the privacy practices of those third party Web sites. FASTBREAK makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from the Site. FASTBREAK may provide these links for your convenience only and FASTBREAK does not control such Web sites. FASTBREAK's inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to FASTBREAK are non-confidential and you grant to FASTBREAK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in FASTBREAK's sole discretion and without compensation to you. You also grant to FASTBREAK the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto
THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY FASTBREAK ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASTBREAK MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, FASTBREAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FASTBREAK DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL FASTBREAK OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FASTBREAK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FASTBREAK'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FASTBREAK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that FASTBREAK will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
FASTBREAK reserves the right to change or modify any of the Terms of Use at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site. Any changes or modifications will be effective upon posting of the new Terms of Use on the Site as revised. Your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.
Applicable Law and Jurisdiction
This agreement shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all claims arising out of or relating to this agreement.
You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and FASTBREAK. Any modifications of this agreement must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this agreement will continue in full force and effect.