IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY PART OF THE LVSportz Foundation WEBSITE, DIRECTORY AND/OR COMMUNITY. From here on out, references to the LVSportz Foundation (hereby referred to as LVSF) will also be all inclusive to its Board of Directors, Executive Staff, Normal Staff & Volunteers. LVSF may elect to provide online an online community, such as online message boards, newsgroups, chat rooms, Wikis, blogs and/or other interactive media or forums (collectively "Community") that can be accessed and contributed to by certain registered users of LVSF. LVSF provides opportunities to interact with your peers in order to share knowledge, news and information about LVSF, its products and services & the products and service of any listed company. Your use of this website is voluntary and is governed by your agreements with LVSF , LVSF's Legal Notices and Terms of Use, LVSF's Privacy Policy, including the express disclaimers of liability posted in these documents, Submission Policy and these Terms and Conditions ("Terms"). LVSF reserves the right to modify or update these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. These Terms govern your use of, access to and participation in any part of this website. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE WEBSITE, DIRECTORY and/or COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE WEBSITE DIRECTORY and/or COMMUNITY AND (II) AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING FOR EXAMPLE, THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW, TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS. LVTeamz reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these Terms at any time and from time to time and for any reason or no reason and without notice.
Rules of Conduct
The purpose of the website is to voluntarily exchange information about LVSF and its listee's. You expressly agree not to use any part of the website to:
- post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, LVSF or an an LVSF employee, or falsely state or otherwise misrepresent your affiliation with any person, group or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the website;
- post 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);
- post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of publicity or privacy rights of any third party;
- post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- post 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;
- act illegally or unethically or use for any illegal or unethical purposes;
- intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation or policy, 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; or
- collect or store personal data about other users.
You are solely responsible for the content of your computer and any transmissions you make when using the website.
Posts on any part of LVSF may be edited, moved, deleted or removed at any time and for any reason or no reason and without notice by any LVSF employee or representative. LVSF is not obligated to provide you with any reason or explanation for any post being edited, moved, deleted or removed. There is no means of appeal for any post or membership that is edited, moved, deleted or removed from LVSF. LVSF reserves the right to temporarily or permanently withdraw any membership or directory listing at any time and for any reason or no reason. LVSF is not obligated to provide you with any reason or explanation for any such withdrawal.
LVSF does not guarantee a response to any post on the LVSF. Specifically, support issues should be addressed via LVSF's official support provisions and protocols. You understand that posts on the website are addressed to your peers and not LVSF and LVSF does not guarantee that any support issue will be addressed on the website.
LVSF does not make any warranty or guarantee that any information posted on any part of the website, whether or not such posting is made by an LVSF employee, is accurate, complete or in anyway reliable. Any support issues or questions about LVSF should be addressed via LVSF's official customer support provisions and protocols. LVSF disclaims any approval or liability related to any comments made on the website by a user or third party. Forum posts and Directory Reviews represent the statements and opinions of the individual third-party users and are not necessarily the opinion of LVSF or its employees, partners and affiliates. LVSF does not approve or disapprove of any Forum post or Directory Review.
Limitation of Liability/Indemnity/Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, SERVICES AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF LVSF ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
LVSF SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE WEBSITE OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LMI BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF LVSF, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE WEBSITE OR IN CONNECTION WITH ANY PART OF THE WEBSITE, EVEN IF LVSF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
LVSF may or may not offer formal customer support on the website. LVSF employees or representatives may post on the website, but this activity should not be seen as a replacement for the official LVSF support procedures and provisions. The goal of the website is to provide a platform for LVSF registered users who wish to exchange information about LVSF, its products and services & the products or services of it's Listees. LVSF has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, move, remove or delete any submissions for any reason or no reason whatsoever and without any notice. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any LVSF employee. LVSF's provision of the website should in no way be construed as endorsement or approval of any third-party product, service, comment, position or information that may be mentioned or referred therein or any of the comments or posts made by any individual or third party.
You agree to indemnify, defend and hold harmless LVSF, it's Owner (Ultra Vegas Enterprises) and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys' fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms of use or claims arising from your account or arising out of content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the LVSF, your violation of any agreement with LVSF, LVSF's Legal Notices and Terms of Use, LVSF's Privacy Policy and these Terms, or your violation of any rights of any third party. You agree to use your best efforts to cooperate with LVSF in the defense of any demand, claim, action or suit. LVSF reserves the right to assume the exclusive defense of any matter subject to indemnification by you at LVSF's own expense.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LVSF of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LVSF cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.
Digital Millennium Copyright Act Notice
LVSF respects the intellectual property of others. LVSF may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our web site in a way that constitutes infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Privacy
You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information, e.g. a telephone number or an email address, on the Website, that information may be collected and used by third parties to send you unsolicited messages, advertisements or for other purposes. LVSF does not control the actions of such third parties and is not liable for those actions. If you disclose personal information on the Website, you do so at your own risk.
Modifications
LVSF may amend these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. You manifest intent to accept any amended terms if you continue to use any part of the Website after such amended terms have been posted. You may not amend these Terms without the prior written consent of LVSF. Further, LVSF reserves the right to modify or discontinue all or any part of the Website at any time or from time to time, for any reason or nor reason and with or without notice. LVSF shall not be liable to you or any third party should LVSF exercise its right to modify or discontinue any part of the Website.
Personal Messaging (PM) System
LVSF may make available, to members who qualify in the sole discretion of LVSF, a personal messaging system ("PM System") that will allow such website members to communicate privately with each other. LVSF reserves the right to, for any reason or no reason (including if LVSF suspects that the PM System is being used to promote any activities that are unlawful, libelous, threatening, etc. or otherwise in violation of breach of the LVSF acceptable use policy and/or terms and conditions of use) to read, delete or edit such private messages – without providing notice or any reason – and/or to remove you from and prevent your further use of the PM System. Any use of the PM System that is found to be unlawful, libelous, or in violation or breach of the LVSF acceptable use policy and or terms and conditions of use, will see the PM System privileges withdrawn without reason or notice. LVSF also reserves the right to take any further action it deems necessary or appropriate.
Miscellaneous
These Terms represents the complete agreement concerning the subject matter of the Terms and, except as set forth herein, may be amended only by a writing executed by both parties.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Nevada and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Las Vegas, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Copyright © 2009 LVSportz Foundation
All rights reserved.