Welcome to Zone One Sports. We provide users with access to a collection of on-line resources, which may include general and personalized content, communication tools, administrative services, purchasing services, download areas, and information (all of which together are collectively called our “Site”). We do this both through our Site and by linking to Web sites of companies with which we work as well as by linking to other sites we think may be useful to you or your business. Such sites may have their own terms of use or applicable policies. The term “Zone One Sports” (or “we”, “our” and “us”) includes all of the subsidiaries and affiliates Zone One Sports, as well as their successors and assigns.
Zone One Sports provides our Site to you subject to these Terms of Use (“Terms”). By using our Site in any way you are agreeing to comply with these Terms, which we may update from time to time without notice. All amended Terms shall automatically be effective when they are initially posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own additional terms and conditions that will apply to your purchase or use of that particular service and which will control in the event of any conflict with these Terms. These Terms govern the use of our Site by viewers and other users (visitors); if we have entered into a separate contract with a party for the insertion or other placement of content, advertising or other materials on any of our Sites, then the terms of such separate agreements will govern our relationship with such parties.
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Zone One Sports. may suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof). If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Zone One Sports of any unauthorized use of your password or account or any other breach of security. Zone One Sports will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.
Zone One Sports intends to take certain industry-accepted precautions from time to time to secure our Site or portions thereof, and some portions of the Site may be labeled as “secure” in accordance with industry practice in connection with the use of such precautions. However, you understand and agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, and that Zone One Sports makes no warranty, guarantee, or representation that use of our Site is protected from all viruses, security threats or other vulnerabilities.
You understand that you are responsible for any content that you post or transmit on or through our Site.
You agree to use our Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use our Site to distribute, link to, or solicit content that:
1. is harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive ;infringes someone else’s intellectual property or other rights; advocates or solicits violence or criminal conduct; specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband; constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication;
2. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or communications systems or equipment.
Zone One Sports does not generally pre-screen or control the content posted via our Site by third parties, and, therefore, does not guarantee the accuracy, integrity or quality of such content. Zone One Sports will not be liable in any way for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via our Site.
Zone One Sports shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via our Site. Without limiting the foregoing, Zone One Sports shall have the right to remove any content that violates these Terms or is otherwise objectionable.
Zone One Sports may set limits regarding our Site and the use of any features or services associated with our Site, including (where applicable) limits on the duration or amount of storage of postings, e-mail and other user-provided content, or the number or size of messages to or from a user. We are not liable for the deletion, garbling or loss of messages, other communications, or other content maintained or transmitted by our Site We may change or terminate our Site or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of our Site and may remove any content from our Site without notice and for any reason, including lack of use or violation of these Terms. We reserve the right to log off accounts that are inactive for an extended period of time.
You agree to indemnify and hold Zone One Sports and its underlying content and service providers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with Zone One Sports or your use of our Site. Zone One Sports reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Zone One Sports in asserting any available defenses.
We grant to you a limited, non-exclusive, non-transferable, revocable license to use our Site only for the intended purposes of our Site. You may not sell, resell, or otherwise use or commercially exploit our Site other than by using it for its intended purposes. Systematic retrieval of data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Zone One Sports is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Site, for any purposes other than its intended purposes or other than as expressly permitted by these Terms. You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate our Site or create derivative works based on our Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology. Any license granted to you under these Terms for the use of any portion of our Site requiring registration or an account will automatically terminate upon termination of your account or registration privileges with respect to such portion of our Site. Zone One Sports and its third party suppliers have the right to terminate the license of any user at any time for any or no reason, solely in the discretion of Zone One Sports and its third party suppliers.
Zone One Sports provides our Site for use only by persons located within the United States and provides certain regulated telecommunications and other services only in certain portions of the United States. Zone One Sports makes no representation that materials or services described on our Site are appropriate or available for use in locations outside the United States or our applicable serving territories within the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Certain Zone One Sports affiliated companies provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our Site. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.
Our Site may provide links to or information about other Web sites or resources. Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Zone One Sports shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of information about or links to such advertisers or service providers on our Site. You acknowledge and agree that Zone One Sports is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources. Advertisements found on or through our Site, and references that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information, do not constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. You acknowledge that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing our Site.
The Zone One Sports is a trademark of Zone One Sports. You are not authorized to use any Zone One Sports name or mark as a hypertext link to any Zone One Sports website or in any advertising, publicity or in any other commercial manner without the prior written consent of Zone One Sports. Registration and/or use of the Zone One Sports name, or a confusingly similar name, as part or all of a domain name by a third party is strictly prohibited. Requests for authorization should be made to Zone One Sports. You may use, copy and distribute the materials found on Zone One Sports websites for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on our Site that pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a right, title, interest or license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Zone One Sports, its subsidiaries or any third party owner of such rights.
All trademarks and service marks contained herein that are not Zone One Sports marks are the trademarks of their respective owners.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Zone One Sports EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. Zone One Sports MAKES NO WARRANTY THAT
1. OUR SITE WILL MEET YOUR REQUIREMENTS,OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE,THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND
2. ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Zone One Sports OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
2. MATERIAL ON OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL. Zone One Sports MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THESE MATERIALS AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Zone One Sports SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (WHETHER OR NOT Zone One Sports HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (v) ANY OTHER MATTER RELATING TO OUR SITE. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Zone One Sports 'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
1. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.
2. NOTICE Notices to you, including notices of changes to these Terms, may, at Zone One Sports’ discretion, be made either by e-mail, regular mail or by displaying the notices or links to notices on our Site.
3. GENERAL These Terms govern, and constitute the entire agreement between you and Zone One Sports with respect to, your use of our Site. Additional or different terms and conditions may apply when you use other specific Zone One Sports services or the services of any third-party suppliers of content, software or services. The laws of the State of Washington govern this agreement and the relationship between you and Zone One Sports with respect to our Site. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in South Kitsap County, Washington for any claim or dispute arising from these Terms or the use of our Site. Zone One Sports’ failure to enforce any right under these Terms will not waive that right. You must file any claim or suit related to our Site within one year after it arises. Should you have other questions or concerns about these privacy policies, please call us at (425) 605-2607 or send us an email at higgie@zoneonesportsscience.com.