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Terms Of Use

INTRODUCTION
By using the information, services and products available through Pro Football News & Injury Report ("PFNI Report") you are agreeing to the terms and conditions contained herein. PFNI Report reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you. You agree to review these Terms of Service periodically to be aware of such modifications and your continued access or use of this Web site shall be deemed your acceptance of the modified Terms of Service. You agree that these standards for notice of changes are reasonable. You acknowledge and agree that PFNI Report or its affiliates may deny you access to or use of all or part of this Web site without prior notice if you engage in any conduct or activities that PFNI Report in its sole discretion believes violates any of these Terms of Service, violates the rights of PFNI Report, or is otherwise inappropriate for continued access and use of this Web site.

RESTRICTIONS ON USE
PFNI Report offers this web site and its content and services as is, with no warranties as to performance, results, or operation without interruption. PFNI Report and its affiliates and content suppliers reserve the right to alter or delete the products, services and information available from this web site at any time.

Links to third party sites are provided to you only as a convenience, and do not imply endorsement by PFNI Report or any affiliation with or endorsement by the owner of the linked site. PFNI Report is not responsible for the content of any linked site or any consequences of making the link.

In exchange for use of this web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless PFNI Report, its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations. All content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of PFNI Report or its affiliates, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S. and international copyright and trademark laws.

You may not view, copy, print, or distribute documents, pages, content or photos on this web site without the express written consent of PFNI Report or the affiliate as the applicable copyright owner.

Names, logos, and other trademarks of PFNI Report and its affiliates and suppliers may not be used apart from the documents or pages on which they appear and may not be used in any manner that implies affiliation with or endorsement by or disparages PFNI Report or other trademark owners. PFNI Report reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written or electronic notice from PFNI Report.

1. Copyright © 2004 PFNI Report, Inc.

SUBMISSIONS
PFNI Report appreciates hearing from its users and welcomes your comments regarding PFNI Report's products and services. However, PFNI Report's company policy does not allow it to accept or consider creative ideas, suggestions, inventions or materials other than those it has specifically requested. While we do value your feedback on our products and services, we request that you be specific in your comments on such products and services, and that you do not submit any creative ideas, inventions, suggestions or materials. If you do send us creative suggestions, ideas, notes, drawings, concepts, inventions, or other information (collectively the "Submissions"), the Submissions shall be deemed, and shall remain, the property of PFNI Report. Submissions will not be subject to any obligation of confidence, and PFNI Report will not be liable for any use or disclosure of any Submission. Without limiting the foregoing, PFNI Report shall own all known or hereinafter existing rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

COMMUNITIES
This web site contains bulletin board services, chat areas, forums, communities and/or other message or communication facilities (collectively, "Communities"). You agree to use the Communities only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services for any commercial purpose.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Restrict or inhibit any other user from using and enjoying the Communities.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
PFNI Report and its affiliates reserve the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.

PFNI Report and its affiliates have no obligation to monitor the Communities. However, PFNI Report and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PFNI Report's or any of its affiliates' sole discretion.

You acknowledge that all Communities are public and not private communications and that others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. PFNI Report and its affiliates do not control or endorse the content, messages or information found in any Community and, therefore, PFNI Report and its affiliates specifically disclaim any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum managers and hosts are not authorized spokespersons of PFNI Report or any of its affiliates, and their views do not necessarily reflect those of PFNI Report and its affiliates.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this web site, you are granting PFNI Report and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

LINKS FROM PFNI REPORT TO NON-AFFILIATED SITES
This web site contains links to Web sites operated by third parties or for which content is provided to PFNI Report under license. These links are provided for your convenience only. PFNI Report does not control such third party web sites, and as such is not responsible for the content of these web sites or for your commercial transactions with them. Inclusion of links to such web sites does not constitute or imply any endorsement of the material on such web sites.

DISCLAIMER
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PFNI Report DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PFNI Report DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS CURRENT, COMPLETE UNITERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL PFNI REPORT, ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED BY YOU, EVEN IF PFNI Report HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from the PFNI Report site and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from PFNI Report if in PFNI Report's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of these terms or otherwise. You agree not to submit any information through PFNI Report's communities, or to assist or cause another person to submit information on your behalf.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless PFNI Report, its affiliates, officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site, the violation of these terms and conditions by you, or the infringement by you, or other user of PFNI Report's Web site through the use of your computer, or your infringement of any intellectual property or other right of any person or entity. PFNI Report reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

GOVERNING LAW & JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree that any legal action or proceeding between you and PFNI Report related to these Terms of Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New York.

ARBITRATION
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or PFNI Report may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York necessary to protect the rights or property of you or PFNI Report pending the completion of arbitration.

COPYRIGHT AND TRADEMARK NOTICES
The trademarks, logos, copyrights, and service marks displayed on this web site are the property of PFNI Report or other third parties. You are not permitted to use the marks without the prior written consent of PFNI Report or such third party that may own the marks. The name "Pro Football News & Injury Report" may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits PFNI Report. Any other logos, trademarks appearing on this site or an affiliated site are the property of their respective owners.

OTHER
These Terms of Service constitute the entire agreement between you and PFNI Report with respect to this web site and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding this Web site. If any provision of these Terms of Service is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms and Service shall remain in full force and effect. PFNI Report's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right of PFNI Report. These Terms of Service will inure to the benefit of PFNI Report's successors and assigns.

 
 

 

 
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