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Terms of Use
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Sports List (referred to in this Privacy Statement as "we" or "Sports List") recognize the importance of protecting the privacy of all information provided by users of our web sites, subscribers to our Website, registrants for our events, recipients of our e-mail newsletters and all other customers of our products and services. We created this policy with a fundamental respect for our customers' right to privacy and to guide our relationships with our customers. This Privacy Statement discloses the privacy practices for all products and services owned by SPORTS LIST.
INFORMATION COLLECTION AND USE
SPORTS LIST collects information from our website users, subscribers and other customers. In this section of our Privacy Statement, we describe the type of information we collect and how we use it to provide better services to our customers.
Registration and Ordering
When registering at our website or attending our sports camps, seminars, or participating in our events, using our services and signing up for certain selected services, users must first register. During registration, users are required to give their contact information (such as name, e-mail address, mailing address and phone number). For internal purposes, we use this information to communicate with users and provide requested services, and, for our website visitors, to provide a more personalized experience on our sites. We also may collect demographic information (such as Age or type of sports positions, GPA, SAT or ACT scores). We use aggregate demographic information about our audience to improve our service, for marketing purposes and/or industry reporting purposes.
Many of our products and services are free to subscribers who meet certain demographic criteria. Independent auditors may need to certify the eligibility of these subscribers. In order to do that, we may collect unique identifiers (such as mother's maiden name) that we disclose to the auditors strictly for industry reporting and audit verification purposes.
For our services that require payment (such as certain events, products and subscriptions), we also collect credit card information (such as account name, number and expiration date), which is used for our or our agent's (paypal) billing purposes only, and is not otherwise shared.
E-mail Newsletters
If users wish to subscribe to our e-mail newsletters, we ask for contact information (such as name, e-mail address and, occasionally, demographic information). We use this information in the same manner as we use contact information in the registration and ordering process described above. Recipients of our newsletters can unsubscribe using the instructions listed at the end of the e-mail newsletter.
Surveys and Contests
From time to time we invite web site users and other customers to provide information via surveys or contests. Participation in these surveys or contests is completely voluntary and the website user or other customer therefore has a choice whether to disclose requested contact information (such as name and mailing address) and demographic information (such as zip code or job title). In addition to the other uses set forth in this policy, contact information collected in connection with surveys and contests is used to notify the winners and award prizes and to monitor or improve the use of, and satisfaction with the website or other SPORTS LIST product or service. Subject to the given customer's preferences (as described in the "Permission" section below), such information also may be shared with third party sponsors of such surveys or contests.
Interactive Features
At some of our sites, we offer interactive and community features such as discussion boards, webcasts and user profiles. Note that all personal information sent or posted via such features becomes public information for which we are not responsible.
Tell-A-Friend
If customers elect to use our referral service for informing a friend about our sites and services, we may ask them for the friend's name, job title and e-mail address. SPORTS LIST will store and use this information to send the friend an invitation. This information may also be used to provide information about our company and related products and services. The friend may contact us as specified in the tell-a-friend message to request that no further communications be sent.
Communications with Us
We have features where our customers can submit information to us (such as our feedback forms). Where such submissions include requests for service, support or information, we may forward them to our agents, as needed, to best respond to the specific request. In addition, we may retain e-mails and other information sent to us for our internal administrative purposes, and to help us to serve customers better. Please note that letters to the editor and similar submissions may be made public.
Communications from Us: Service Updates, Special Offers
In order to best serve our customers, we may send updates that contain important information about our products and services. For example, we send new members a welcoming message, and verify password and username for our password-protected web sites. We may also communicate with a customer to provide requested services and for account-related issues via e-mail, phone or regular mail. In addition to such service and product-essential messages, we offer our customers the option to receive information about our company, related products, services and special deals. Users, however, can choose not to receive these communications from us, as set forth in the "Permission" section below.
Automatic Data Collection
Our web site, newsletters and, from time to time, certain other products and services have features that automatically collect information from customers, to deliver content specific to customers' interests and to honor their preferences. This information assists us in creating products and services that will serve the needs of our customers.
For example, we use "cookies," a piece of data stored on the user's hard drive containing information about the user. Cookies benefit the user by requiring login only once, thereby saving time while on our web site. If users reject the cookies, they may be limited in the use of some areas of our web site. For example, the user may not be able to participate in sweepstakes, contests or drawings. Additionally, we may note some of the pages the user visits on our web sites and via our email newsletters through the use of pixel tags (also called clear gifs) and web beacons. The use of cookies, pixels and web beacons enable us to track and target the interests of our users to enhance the experience on our sites and via our email newsletters.
We also use an email delivery and marketing company to send emails (including newsletters) for which you have registered (or otherwise agreed to receive). Web beacons and cookies may be used in such email messages to help us measure the effectiveness of our advertising and how customers use our web sites and other products and services.
For our internal purposes, we gather date, time, browser type, navigation history and IP address of all visitors to our web sites. This information does not contain anything that can identify users personally. We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use.
We may combine demographic information supplied by a customer at registration with web site usage data to provide general profiles, in aggregate non-personally identifiable form, about our customers and their preferences in the content of the site and advertising. We may share this composite information with our advertisers and business affiliates to help them better understand our services.
CORRECTION/UPDATING PERSONAL INFORMATION
If your personally identifiable information changes (such as zip code), or if you no longer desire our product(s)/service(s), we provide a way to correct or update your personal data: you may either contact us for the applicable product or service or, to change your preferences, complete the "Contact Us" page as described in the "Permission" section below.
SECURITY
We use reasonable precautions to protect our customers' personal information and to store it securely. Sensitive information that is transmitted to us online (such as credit card number) is encrypted and is transmitted to us securely. In addition, access to all of our customers' information, not just the sensitive information mentioned above, is restricted. Only employees who need the information to perform a specific job (for example, a billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
LINKS
Our website contain links to other sites. SPORTS LIST is not responsible for the privacy practices or content of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each web site to which we may link that may collect personally identifiable information.
NOTIFICATION and CHANGES
If we change our Privacy Statement, we will post those changes on this page so our users are aware of what information we collect, how we use it and under which circumstances, if any, we disclose it. Users should check this policy frequently to keep abreast of any changes.
Terms of Service
HOW SPORTS LIST MAY MODIFY THIS AGREEMENT
Sports List reserves the right to change the terms, conditions, and notices under which it offers the Sports List Website, including any charges associated with the use of the Sports List Website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any SPORTS LIST WEBSITE. Your continued use of the Sports List Website after the effective date of such changes constitutes your acceptance of and agreement to such changes.
NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SPORTS LIST WEBSITE
The Sports List Website are only for your personal use. You will not use the Sports List Website for commercial purposes. You will not use the Sports List Website in any way that is unlawful, or harms Sports List, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Sports List Party" and collectively, the "Sports List Parties") or any customer of a Sports List Party, as determined in Sports List's sole discretion. Sports List may tell you about certain specific harmful uses in a code of conduct or other notices available through a Sports List Web Site, but has no obligation to do so. You may not use the Sports List Website in any way that breaches any code of conduct, policy or other notice applicable to the Sports List Website.
MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Sports List related to the Sports List Website (a "Submission"), you grant Sports List permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Sports List Website, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Sports List will not pay you for your Submission. Sports List may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Sports List may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Sports List Parties or any customer of a Sports List Party.
INFORMATION AVAILABLE FROM THE SPORTS LIST WEBSITE
Sports List and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Sports List Website. Sports List does not endorse or recommend any particular product or service.
SPORTS LIST MAKES NO WARRANTY
SPORTS LIST PROVIDES THE SPORTS LIST WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPORTS LIST PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SPORTS LIST PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SPORTS LIST WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY SPORTS LIST PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SPORTS LIST WEBSITE, EVEN IF SUCH SPORTS LIST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SPORTS LIST WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SPORTS LIST PARTY WITH RESPECT TO THIS AGREEMENT OR THE SPORTS LIST WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPORTS LIST WEBSITE.
11. CHANGES TO THE SPORTS LIST WEBSITE; ADDITIONAL LIABILITY LIMITATION
THE SPORTS LIST PARTIES MAY CHANGE THE SPORTS LIST WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Sports List Website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Sports List and persons other than Sports List (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE SPORTS LIST PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT SPORTS LIST IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SPORTS LIST WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THE SPORTS LIST WEBSITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SPORTS LIST WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SPORTS LIST WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Sports List may terminate this Agreement, or terminate or suspend your access to the Sports List Website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Sports List Website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE SPORTS LIST WEBSITE MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Sports List, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Province of Ontario, without reference to conflict of laws principles. If this Agreement is with a Sports List affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Sports List affiliate, without reference to conflict of laws principles.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Sports List may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Sports List Website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Sports List with respect to the Sports List Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sports List with respect to the Sports List Website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Third Party Account Information
By using the "My Accounts" service through the Sports List Website, you authorize Sports List and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Sports List and its advisor/scout as your advisor/scout for this limited purpose. Each time you enter your account login information, you are permitting Sports List and its advisor/scout to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
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