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Legal Notice and Terms of Use for www.CROSSPORTS.com

www.CROSSPORTS.com ("CROSSPORTS") welcomes you. CROSSPORTS provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http.www.crossports.com. In addition, when using particular CROSSPORTS owned or operated services, you and CROSSPORTS shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

DESCRIPTION OF SERVICE

CROSSPORTS provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content, chat rooms and original content that may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CROSSPORTS to provide the Service. You also understand and agree that the Service may include certain communications from CROSSPORTS, such as service announcements, administrative messages and newsletters, and that these communications are considered part of CROSSPORTS membership.  Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CROSSPORTS properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that CROSSPORTS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

OTHER SERVICES

The CROSSChat Chatroom is a service run by Bravenet and is subject to Bravenet’s terms of service that can be found at www.bravenet.com.   The Register-only message board is included with CROSSPORTS and is a separate service run by excoboard whose terms of use can be found at  http://excoboard.com/tos.html.   The accepted standards of conduct in these message board communities are determined by the moderators of the message board. Subscribers and registered users agree that CROSSPORTS and its publishing partners have the right to enforce these standards, including deletion of posts, blacklisting/banning users, or removing access to message boards.

You agree to not use CROSSPORTS to:

1.     upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.     harm minors in any way;

3.     impersonate any person or entity, including, but not limited to, a CROSSPORTS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4.     forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

5.     upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.     upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7.     upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

8.     upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9.     disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10.  interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

11.  intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

12.  provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

13.  "stalk" or otherwise harass another; and/or

14.  collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that CROSSPORTS may or may not pre-screen Content, but that CROSSPORTS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, CROSSPORTS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CROSSPORTS or submitted to CROSSPORTS, including without limitation information in CROSSPORTS Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that CROSSPORTS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CROSSPORTS, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CROSSPORTS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

By registering or using the sites, you agree that CROSSPORTS and or the publisher(s) and board moderators of the sites have the right, in addition to other rights, to delete your posts or blacklist you or any other user at any time, if they believe that action is in the best interest of the sites, for whatever reason, and the reason need not be disclosed.
No warranty is made by CROSSPORTS regarding any information, services, or products provided through or in connection with the website and CROSSPORTS hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The registering party and/or browser hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.

LINKS TO THIRD PARTY SITES

The CROSSPORTS sites may contain images of and links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of CROSSPORTS and CROSSPORTS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CROSSPORTS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CROSSPORTS responsible if the Linked Site is not working appropriately. CROSSPORTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CROSSPORTS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the CROSSPORTS sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CROSSPORTS shall not be responsible or liable for any part of any such dealings or promotions. By subscribing, registering, or using any of the CROSSPORTS sites, you agree that you indemnify CROSSPORTS from any liability whatsoever associated with your dealings with these third parties.
CROSSPORTS is not obligated to monitor the content on this site. However, with respect to the use of the products and services offered on this site, CROSSPORTS reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in CROSSPORTS's sole discretion, without notice at any time.

This site may contain message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms of Use and Notices.

You acknowledge that the community services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. CROSSPORTS specifically disclaims any liability with regard to the community areas on our site, or the content published by publishers under their publishing agreements, in which they agree that they are fully responsible for the content they post on the site. Forum managers and hosts of the community services, message boards, chat rooms, etc. are not authorized CROSSPORTS agents or spokespersons, are not able to bind CROSSPORTS, nor do their views necessarily reflect those of CROSSPORTS.
The information, services, information, and other material included in or available through the this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this site should not be relied upon for decisions or other critical purposes.

By registering to post on CROSSPORTS' message boards, you agree that you are solely responsible for the content of your posts (defined as all content posted by you on the message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnifyCROSSPORTS Inc., CROSSPORTS.com, and their respective officers, agents, partners, employees and subcontractors, and CROSSPORTS' publishers from any and all liability associated with the above. You agree that you own the content of your posts, but that you grant CROSSPORTS the right to reproduce or republish the content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on this site and/or by using this site, you agree that you recognize that all other users are solely responsible for the content of their posts and that they have indemnified CROSSPORTS (see above) as you have. You agree that you will not hold excoboard, google, CROSSPORTS, and their respective officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of posters on the message boards.

Your access to and use of this site, and products and services of this site, is at your own risk. CROSSPORTS, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the this site Network, or such products or services. CROSSPORTS makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the this site Network, or such products or services. Without limiting the foregoing, CROSSPORTS AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CROSSPORTS AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CROSSPORTS AND/OR THEIR RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CROSSPORTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.

You agree to defend, indemnify and hold CROSSPORTS and their respective suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with CROSSPORTS or your use of this site.
Notices by CROSSPORTS to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.

This Agreement contains the entire agreement between the Subscriber or user and CROSSPORTS regarding the use of the services, and supersedes all prior written and oral understandings and writings.

The Agreement shall be governed pursuant to the laws of the Commonwealth of Massachusetts. Venue shall be in Bristol County or Norfolk County, Massachusetts (at the sole discretion of CROSSPORTS) for any and all cases arising out of the use of the CROSSPORTS website and/or regarding content published on the CROSSPORTS website. By using this site, registering on this site, or subscribing to this site, you agree to all of these terms.

COPYRIGHT POLICY/DCMA

You may not post, modify, distribute or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials,  We may terminate an account, deny access to a site or service or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.

Without limiting the foregoing, if you believe that your copyright or other rights have been infringed please provide our Designated Agent written notice with the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
  • A description of the copyrighted work or other work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
  • Your address, telephone number and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our Designated Agent is: Dana J. St. James, Webmaster C/O 6 Harding Lane, Mansfield, MA, USA 02048
Email:  Dana@crossports.com

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge.  If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps that you consider appropriate.