Legal Disclaimer and Terms of Use
Welcome to the Internet site of the Sommer Sports, Inc. ("SSI").
SSI includes Triflorida.com, TriAmerica.com, GreatFloridian.com, AthleteRewards.com,
CFTSommerSports.com, TriFitness.com
and other Internet sites affiliated with
Sommer Sports, Inc.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SOMMERSPORTS.COM SITE
By
using the SSI Site, you signify your agreement to these terms of use.
If you do not
agree to these terms of use, you may not use the SSI Site. We reserve the
right, at our sole discretion, to change, modify, add, or delete portions
of these terms
of use at any time in accordance with the procedures set forth below in the
paragraph labeled "Amendment."
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any SSI Site are the copyrighted property
of Sommer Sports, Inc., or its subsidiaries or affiliated companies
and/or third-party
licensors. All trademarks, service marks, trade names, and trade dress are
proprietary to Sommer Sports, Inc., or its affiliates or licensees.
No material from
any SSI Site or any Internet site owned, operated, licensed, or controlled
by us may be copied, reproduced, republished, uploaded, posted, transmitted,
or
distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home use only, provided
that (i) you keep intact all copyright and other proprietary notices, (ii)
you make no modifications to the materials, (iii) you do not use the materials
in
a manner that suggests an association with any of our products, services,
or brands, and (iv) you do not download quantities of materials to a
database
that can be used to avoid future downloads from any SSI Site. The use of
any SSI
material on any other Web site or computer environment is prohibited.
SUBMISSIONS
If, through participation in certain activities, you send any material
(e.g., postings to chat, boards, or contests), the Submissions shall
be deemed, and shall remain, our property. None of the Submissions
shall
be subject
to any obligation of confidentiality on our part and we shall not
be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now-known or hereafter existing rights
to the Submissions
of every kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without
compensation to the provider of the Submissions or any other person
or entity.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, instant messaging, mobile
messaging or e-mail function (including, but not limited to, electronic
greeting cards) offered as part of any SSI Site. If you participate in
any Forum within
a SSI Site, you agree to follow our terms set forth below.
You acknowledge that anything you submit to a SSI Site by way
of any Forum is routed through SSI’s servers and the Internet
and that, therefore, you have no expectation of privacy with regard
to any such
submission.
You acknowledge
that the Forums and features on SSI Sites are forums for public
and not private communications. Please keep in mind that whenever
you give
out
personal information
online, for example, via message boards or chat, that information
can be collected and used by people you don't know. We cannot guarantee
the security
of any information
you disclose online; you make such disclosures at your own risk.
Users or visitors shall remain solely responsible for the content
of their messages in the Forums. We are not responsible for the
content or opinions
posted or sent
by users in any Forum. You take responsibility for postings under
your username and use the information provided in the Forums at
your own risk. We reserve
the right to remove or edit content from any Forum at any time
and for any reason
although we have no duty to do so.
When participating in a Forum, never assume that people are who
they say they are, know what they say they know, or are affiliated
with whom they
say they
are affiliated with in any chat room, message board, or other user-generated
content area. Information obtained in a Forum may not be reliable,
and it is not a good idea to take any action, including to trade
or make any investment
decisions, based solely or largely on information you cannot confirm.
We cannot
be responsible for the content or accuracy of any information,
and shall not be responsible for any trading, investment, or any
other decisions made
based
on such information.
RULES
The following is a list of the rules of conduct for the SSI
Sites. By using the SSI Sites you agree not to do any of the following:
1. Post, distribute, or otherwise make available or transmit any
data, text, message, or computer file that we deem to be: (a) defamatory,
abusive, harassing,
insulting, threatening, or that could be deemed to be stalking;
(b) bigoted, hateful, or racially offensive; (c) vulgar, obscene,
or sexually explicit
(language or images); or that (d) encourages or advocates illegal
activity or the discussion
of illegal activities with the intent to commit them;
2. Post, distribute, or otherwise make available or transmit any
data, text, message, computer file, or other material that infringes
and/or
violates any right of a third party or any domestic or international
law, rule,
or
regulation,
including but not limited to: (a) copyright, patent, trademark,
or other proprietary rights; (b) right of privacy (specifically,
you
must not
distribute another
person’s
personal information of any kind without their express permission)
or publicity; (c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether
or not for profit), or solicit others or use any Forum for commercial
purposes of
any
kind,
4. Post, distribute, or otherwise make available or transmit any
software or other computer files that contain a virus or other
harmful component;
5. Impersonate any person or entity or misrepresent your identity
or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as
those terms are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices
such as copyright or trademark symbols, or modify any logos that
you do not own or
have express
permission to modify;
8. Post, distribute, or otherwise make available or transmit material
or make statements that do not generally pertain to the designated
topic or
theme of
any Forum.
We reserve the right to remove any material, and if we deem appropriate,
to turn over to law enforcement officials, any material, including
message, e-mail,
or
posting, that is in violation of these House Rules. We also reserve
the right to remove messages, e-mails, or postings that do not
pertain to the designated
topic or theme of the Forum.
We also reserve the right to comply with any order or otherwise
cooperate with law enforcement officials regarding the identification
of any user alleged
to be using a SSI site in violation of the law.
CONTENT LINKED TO ANY SSI SITE
You should be aware that when you are on a SSI Site, you could
be directed to other sites that are beyond our control. There are
links to other sites
from
SSI pages that take you outside of our service. For example, if
you click on a banner advertisement or a search result, the click
may take you off
the SSI
Site. This includes links from advertisers, sponsors, and content
partners that may use our logo(s) as part of a co-branding relationship.
You acknowledge
that
when you click on a link that leaves a SSI Site the site you will
land on is not controlled by us and different terms of use and
privacy policy may
apply. By clicking on links to other sites, you acknowledge that
SSI is not responsible
for those sites. We reserve the right to disable links from third-party
sites to any SSI Site, although we are under no obligation to
do so.
DISCLAIMER
THE MATERIALS IN THE SSI SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT
PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN
THE MATERIALS ON ANY SSI SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SSI SITE OR THE SERVERS
THAT
MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS
OF THE USE
OF THE MATERIALS ON ANY SSI SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from
any SSI Site. We cannot
ensure that you will be satisfied with any products or services
that you purchase from
a third-party site that links to or from any SSI Site or third-party
content on our sites. We do not endorse any of the merchandise,
nor have we taken
any steps to confirm the accuracy or reliability of, any of the
information contained
in such third-party sites or content. We do not make any representations
or warranties as to the security of any information (including,
without limitation, credit
card and other personal information) you might be requested to
give any third party, and you hereby irrevocably waive any claim
against us with respect
to
such sites and third-party content. We strongly encourage you to
make whatever investigation you feel necessary or appropriate before
proceeding with any
online or offline transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your username(s), password(s), and your account, as well
as all
activities
that occur
under your account. You hereby indemnify, defend, and hold us and
our affiliates and our officers, directors, owners, agents, information
providers, licensors,
and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs (including
reasonable
attorneys'
fees) incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of these terms of use or claims
arising
from your account.
You shall use your best efforts to cooperate with us in the defense
of any claim. We reserve the right, at our own expense, to assume
the exclusive
defense and
control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL
DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SSI
SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION
OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT
(INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT
PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING
OR PARTICIPATING IN ANY
ACTIVITY RELATED TO ANY SSI SITE.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these terms of use at any time. In the
event that we do
so, we
will notify you of any such change, modification, addition, or
deletion by sending
you an e-mail at the last e-mail address that you provided us,
and/or by prominently posting notice of the any such change, modification,
addition,
or deletion
on the Web sites covered by these terms of use. Any such change,
modification, addition,
or deletion will be effective upon the earlier of ten (10) calendar
days following our dispatch of an e-mail notice to you or thirty
(30) calendar
days following
our posting of such notice on the Web sites covered by these terms
of use. Please note that, at all times, you are responsible for
updating your personal
information
to provide us your current e-mail address. In the event that the
last e-mail address that you have provided us is not valid, or
for any other reason is
not capable of delivering to you the notice described above, our
dispatch of the
e-mail containing such notice will nonetheless constitute effective
notice of the changes, modifications, additions, or deletions described
in the notice.
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