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Radtke Sports Inc. Terms of Use Policy:
Introduction
Thank you for visiting this Website, as you are our welcomed guest.
Your visit is governed by the following terms and conditions (including
the Privacy Policy of the Website) and
all applicable Radtke Sports Inc. Websites. Please read these terms
and conditions of use carefully before using the Website. As long
as you comply with the following terms and conditions,We grant you
a non-exclusive, non-transferable, limited right to enter, display
and use the Website. If you do not agree to these terms and conditions,
please do not use the Website. By accessing and using the Website,
you signify your assent to these terms and conditions.
Definitions
“Affiliate”
– A legal entity that Radtke Sports Inc. owns or which are under
common ownership with Radtke Sports Inc., or in which Radtke Sports Inc. has a legal contractual
agreement with (including, but not limited to an Radtke Sports Inc. client
or partner); or in which Radtke Sports Inc. utilizes as a subcontractor,
information provider, or licensor and licensee of Software
and Service.
“Consumer” – A visitor to an
Radtke Sports Inc. Website or any individual or entity that utilizes Radtke Sports Inc. Software
or Service through any means.
“Interactive Feature” – Includes,
without limitation, electronic mail, chat rooms, bulletin boards,
online forms, or any other medium in which messages or Website content
can be submitted or created by Consumer.
“Personal Information” – Names,
addresses, telephone numbers, email addresses, credit card information,
or other contact information and personally identifiable data.
“Service” – Without limitation
and as a general term, any feature or function directly or indirectly
related to the Website that may be utilized by the Consumer; including
all necessary and relevant network and back-end resources that the
feature or function may utilize.
“Software” – Without limitation,
database applications, administrative website account control panels
and accompanying features, email account applications and email
or other contact management applications, other necessary and relevant
software for Website features and functions, and any updates and
releases to such software.
“Store” – Any interface or display
on a Website in which the Consumer has the opportunity to purchase
goods or services.
“Submission” – Website content
or any other files received through the Website or its related accounts
from a Consumer via an Interactive Feature, including but not limited
to, electronic mail, creative ideas, comments and suggestions, chat
postings, bulletin board postings, art, images, stories, poems,
fan biography submissions, etc.
“Trademarks” – Trademarks, service
marks, trade names, logos, and trade styles.
“Website” – An internet site
that displays or links to this Terms of Use Policy and in which
Radtke Sports Inc. legally owns, operates, and/or solely manages
and maintains.
1.) Ownership and Restrictions on Use of Software and
Service
a.) You agree not to interrupt or attempt to interrupt
the operation of this Website in any way. Additionally, you will
not use or contact this Website to disrupt or damage the Website,
its contents or its security measures or to harass or disparage
Radtke Sports Inc. or its clients, their respective products,
services or personnel.
b.) No unsolicited email may be directed to or
through this Website.
c.) Radtke Sports Inc. maintains this Website
for your personal entertainment, information, education, and communication;
and is solely for your personal use. You are welcome to print or
otherwise copy material from this Website for your personal, noncommercial
use, provided you also maintain all copyright and other proprietary
notices contained on the materials. Except for content you have
legally posted on the Website, you may not distribute, reproduce,
exchange, enter into a database, upload, modify, display, publish,
create derivative works, sell or transmit anything you copy from
this Website, including but not limited to any text, images, audio
and video, and other intellectual property related to Radtke Sports Inc.
and/or its Affiliates for any business, commercial or public purpose
without prior written consent of Radtke Sports Inc.. Any unauthorized
use of the text, images, audio and video may violate copyright Radtke Sports Inc.,
trademark Radtke Sports Inc., the Radtke Sports Inc. of privacy and publicity and civil and
criminal statutes. Modification of any materials displayed on the
Website is a violation of Radtke Sports Inc.'s copyright and
other proprietary rights.
All materials contained in Radtke Sports Inc. Websites are the
copyrighted property of Radtke Sports Inc., its Affiliates, or an
independent third party.
d.) All Trademarks on this Website are proprietary
to Radtke Sports Inc., its Affiliates, or an independent third
party. Proper use is limited to use in connection with the products
and services of the mark owner and no other use is permitted without
the owner's written permission. Additionally, you may not use any
mark appearing on this Website:
(a) In, as, or as part of your own trademarks.
(b) To identify products or services that is not Radtke Sports Inc.
products or services.
(c) In a manner likely to cause confusion.
(d) In a manner that implies inaccurately Radtke Sports Inc. sponsors, endorses,
or is
otherwise connected with non-Radtke Sports Inc.
activities, products, or services.
(e) In a manner that disparages Radtke Sports Inc..
Radtke Sports Inc. restricts the use of its Trademarks in any form within hyper
text markup language (html), ALT text, Title tags, site description,
or META tags; as well as all related header files without expressed
written consent of Radtke Sports Inc.. Nothing contained on the Website should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Website
without the written permission of its respective owner.
e.) In the event you download Software from an
Radtke Sports Inc. Website, the Software, including any files, images incorporated
in or generated by the Software, and data accompanying the Software
are licensed to you by Radtke Sports Inc. or third party licensors for your personal,
noncommercial home use only. We do not transfer title to the Software
to you. You own the medium on which the Software is recorded, but
Radtke Sports Inc. or its Affiliates retain full and complete title to the Software
and all intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble, or otherwise reduce
the Software to a human-readable form.
Software from this Website is further subject to United States
export controls. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list in
which it is not legal to export such goods from the United States.
f.) By submitting and/or posting content on the
Service, the Consumer gives Radtke Sports Inc. the right to display such content
on the Service and its affiliated publications and to use such content
for promotional and marketing purposes. In addition, any such content
becomes the property of Radtke Sports Inc. or its Affiliates.
2.) Public or Private Communication/Shared Information;
Submissions
a.) Radtke Sports Inc. is pleased to hear from our visitors and
welcome your comments regarding our products and services. Although
Radtke Sports Inc. may from time to time monitor or review Submissions submitted
in discussions, chats, postings, bulletin boards, and the like on
the Website, Radtke Sports Inc. is under no obligation to do so and assumes no
responsibility or liability arising from the content of any Submission
nor for any error, copyright infringement, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger/threat,
or inaccuracy contained therein. Display of any Submission in any
Interactive Feature does not constitute approval or endorsement
by Radtke Sports Inc..
b.) You must use Interactive Features in a responsible
manner. You must not make any Submission in connection with any
Interactive Feature that: (i) restricts or inhibits any other Consumer
from using and enjoying the Website; (ii) is unlawful, threatening,
harassing, abusive, bigoted, hateful, libelous, defamatory, obscene,
vulgar, racially offensive, pornographic, profane, sexually explicit
or indecent; (iii) constitutes, advocates or encourages conduct
that would constitute or give rise to a criminal offense, civil
liability or other violation of any local, state, national or international
law; (iv) violates, plagiarizes or infringes the rights of third
parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right; (v)
contains a virus or other harmful component; (vi) contains any information,
software or other material of a commercial nature; (vii) contains
advertising, promotions or commercial solicitations of any kind;
(viii) constitutes or contains false or misleading indications of
origin or statements of fact; or (ix) contains material irrelevant
to the subject matter of the Interactive Feature.
c.) In order to participate in an Interactive
Feature, you may be required to provide accurate and complete personal
information consisting of your name and email address, which shall
be collected pursuant to the Radtke Sports Inc. Privacy Policy
of this Website. Radtke Sports Inc. reserves the right to collect and store personally
identifiable information about Consumers that voluntarily submit
information by contacting Radtke Sports Inc., pursuant to the Radtke Sports Inc.
Privacy Policy. Radtke Sports Inc. may also collect and store aggregate or
anonymous information about Consumer contact with and use of the
Website.
d.) Radtke Sports Inc. shall have the right, but not the obligation,
in its sole discretion to review, edit or delete any Submission
transmitted in any Interactive Feature at any time and for any reason.
Most commonly, Radtke Sports Inc. will edit or remove a Submission if it: (i) violates
any term of these Terms of Use; or (ii) is otherwise illegal, offensive
or inappropriate. Depending on the nature of the violation, Radtke Sports Inc.
shall have the sole discretion to terminate your access to the Website.
Please be advised that Radtke Sports Inc. will fully cooperate with any law enforcement
authorities or court order requesting or directing Radtke Sports Inc. to disclose
personal information of anyone who submits a Submission that violates
the foregoing terms in accordance with the Radtke Sports Inc.
Privacy Policy of the Website.
It is our policy to respect the privacy of all Consumers. Therefore,
we will not monitor, edit, or disclose the contents of a Consumer's
email or other personally identifiable information unless (a) you
authorize us to do so, (b) we must do so in order to resolve technical
problems on any Radtke Sports Inc. Website; or (c) unless required to do so by
law or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with legal process served on us;
(2) protect and defend our rights or property; or (3) act in an
emergency to protect the safety of our Consumers or the public.
Consumers shall remain solely responsible for the content of their
Submissions.
e.) Submissions made to the Website by electronic
mail or otherwise, including any data, questions, comments, suggestions
or the like are, and will be treated as, nonconfidential and nonproprietary.
By making a Submission to the Website, you acknowledge that any
information disclosed by you therein (i) may be used by any third
party; (ii) is not confidential and may be read or intercepted by
others; (iii) creates no confidential, fiduciary, contractually
implied or other relationship between you and Radtke Sports Inc. other than pursuant
to these Terms of Use; and (iv) is subject to the grant of rights
to Radtke Sports Inc. described in Section 2g of this Terms of Use Policy.
f.) When participating in an Interactive Feature
such as any chat room, message board, or other Consumer-generated
content area, never assume that people are who they say they are,
know what they say they know, or are affiliated with whom they say
they are affiliated with. Keep in mind that whenever you give out
personal information online through Interactive Features that result
in posting of your Submission on a website, that information can
be collected and used by people you don’t know. While Radtke Sports Inc.
strives to protect your personal information and privacy, we cannot
guarantee the security of any information you disclose through such
mediums; you make such disclosures at your own risk.
Information obtained in an Interactive Feature may not be reliable,
and it is not a good idea to trade or make any investment decisions
based solely or largely on information you cannot confirm. We cannot
be responsible for the content or accuracy of such information,
and shall not be responsible for any trading or investment decisions
made based on such information.
g.) By transmitting any Submission, you are automatically
granting Radtke Sports Inc. a perpetual, royalty-free, non-exclusive, unrestricted,
worldwide and irrevocable right and license to use, reproduce, modify,
adapt, publish, translate, prepare derivative works based upon,
distribute, publicly perform or display such Submissions, in whole
or in part, in any form, medium or technology known now or hereafter
developed for any purpose, including, but not limited to, advertising
and promotional purposes. This means that anything submitted by
you to the Website will be owned by Radtke Sports Inc. or its Affiliates and may
be used by Radtke Sports Inc. or its Affiliates for any purpose, now or in the
future, without any payment to, or further authorization by, you.
All Submissions, whether solicited or unsolicited, shall become
and remain the property of Radtke Sports Inc. and/or its Affiliates. Radtke Sports Inc. also has
the right, but not the obligation, to use your name in connection
with the broadcast, print, online or other use or publication of
your Submission. In addition, you warrant that all so-called "moral
rights" in any relevant materials have been waived.
3.) Content Linked To and From Website
a.) You should be aware that when you are on an
Radtke Sports Inc. Website, you could be directed to other sites that are beyond
our control. There may be links to other sites from Radtke Sports Inc. Website
pages that take you outside of our Service. This includes links
from Affiliates that may use our logo(s) as part of a co-branding
agreement, or independent third parties. These other sites may send
their own cookies to Consumers, collect data, solicit personal information,
or contain information that you may find inappropriate or offensive.
In addition, other sites linked to an Radtke Sports Inc. Website may send cookies
to Consumers that we do not control.
Radtke Sports Inc. is not responsible for the content of any Website linked to
or from the Website. Your viewing any other site is entirely at
your own risk. The inclusion of links to other sites is for your
convenience only and should not be interpreted as an endorsement
of the owner/sponsor of the site or the content of the site unless
specifically noted. Radtke Sports Inc. has not necessarily reviewed any or all
of the sites linked to the Website. Your linking to the Website,
off-Website pages or other sites is at your own risk and without
the permission of Radtke Sports Inc. unless specifically documented on a case-by-case
basis.
b.) Radtke Sports Inc. disclaims all warranties, express and
implied, as to the accuracy, validity, legality or otherwise or
any materials or information contained on sites linked to or from
an Radtke Sports Inc. Website. Every effort is made to link only to websites that
provide trustworthy, pertinent and reliable information. Radtke Sports Inc. makes
no representations concerning the content of sites listed in any
of our link areas/pages or directories. Consequently, we cannot
be held responsible for the accuracy, relevancy, copyright compliance,
legality, or decency of material contained in sites listed in related
search results or otherwise linked to or from an Radtke Sports Inc. Website.
By clicking on a link that may take you away from an Radtke Sports Inc. Website,
you acknowledge that Radtke Sports Inc. has no control over, and makes no representations
of any kind with respect to, such other sites or any content contained
within such other sites, and you hereby revoke any claim against
Radtke Sports Inc. with respect to such other sites. You should direct any concerns
regarding any external link to its site administrator or webmaster.
c.) No link to the Website may be "framed"
by the permissible site where the link originated if such "frame"
contains any sponsorship, advertising or other commercial text or
graphics, or any illegal or objectionable content.
d.) The posting or creation of any link to the
Website signifies that you have read these terms and agree to abide
by them. Radtke Sports Inc. reserves the right to disable or demand removal of
any link to an Radtke Sports Inc. Website from a third party site for any reason,
unless otherwise agreed to and documented by Radtke Sports Inc..
4.) Subscriptions, Purchases, and Billing of Goods and
Services
a.) A Website’s Store allows you to order
goods or services supplied by either Radtke Sports Inc. or
its Affiliates. By placing an order, you acknowledge that the appropriate
vendor selling the particular goods or services is exclusively responsible
for their fulfillment and delivery. Radtke Sports Inc. may
or may not be the vendor for goods and services on its Websites,
and is not to be held responsible for delivering or guaranteeing
those goods and services that are not in its direct control.
By placing an order in a Store, you agree to pay all amounts accrued
in your account, including sales tax and shipping and handling charges,
when due. Your ability to purchase goods and services through the
Website is subject to limits established by Radtke Sports Inc., the vendor or your
credit card issuer. The vendor may bill your credit card at the
time any goods or services are ordered. The vendor may, in its sole
discretion, decline service to or terminate your applicable account
without notice.
Each Radtke Sports Inc. Website will provide the proper contact information for
its Store, and may have FAQs or other information posted to help
answer questions regarding the Store. Please refer to these resources
on the relevant Radtke Sports Inc. Website to have your questions answered.
b.) Radtke Sports Inc. takes the issue of
your privacy seriously. We may provide your credit card number,
billing and shipping information to participating vendors from whom
you buy goods or services. The vendors are solely responsible for
how they use that information and any other information they independently
acquire from you or about you. Otherwise, we do not share your credit
card information with anyone else. Radtke Sports Inc. is not
responsible for use of personally identifiable information collected
through purchase transactions from third parties, or for that information
if we must reveal it to a third party to compete a purchase transaction.
For more information, please read our Radtke Sports Inc.
Privacy Policy.
To protect the security of your credit card information, we employ
the industry-standard Secure Sockets Layer (SSL) technology when
it is required to provide such information through an Radtke Sports Inc. Website.
c.) You will be responsible for all charges incurred
while your account is being used, if any, including charges for
any goods or services. Consumer's right to use certain Services
is subject to any limits established by Radtke Sports Inc.
or by Consumer's credit card issuer. If payment cannot be charged
to Consumer's credit card or Consumer's charge is returned for any
reason, including chargeback, Radtke Sports Inc. or the third
party vendor reserves the right to either suspend or terminate Consumer's
access and account, thereby terminating this agreement and all obligations
of Radtke Sports Inc. hereunder.
d.) We cannot ensure that you will be satisfied
with any goods or services that you purchase from a third party
site that links to or from any Radtke Sports Inc. Website
or third party content on our Websites. We do not endorse any of
the goods or services, nor have we taken any steps to confirm the
accuracy or reliability of, any of the information contained in
such third party sites or content unless otherwise documented. We
do not make any representations or warranties as to the security
of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against us with
respect to such sites and third party content. We strongly encourage
you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any
of these third parties.
e.) If Consumer has reason to believe that Consumer's
account is no longer secure (for example, in the event of a loss,
theft or unauthorized disclosure or use of Consumer's ID, password,
or any credit, debit or charge card number stored by Radtke Sports Inc.
or its Affiliates), Consumer shall notify Radtke Sports Inc.
or its Affiliates immediately of the problem to avoid possible liability
for any unauthorized charges to Consumer's account.
5.) Disclaimer of Warranties and Damages; Limitation
of Liability
a.) While Radtke Sports Inc. and its Affiliates use reasonable
efforts to include accurate and up-to-date information in the Website,
your use of the Website is at your risk. Radtke Sports Inc. and its Affiliates
make no warranties or representations as to its accuracy and specifically
disclaim any liability or responsibility for any errors or omissions
in the content on the Website. There may be delays, omissions, interruptions
and inaccuracies in the news, information or other materials available
through this Service. Radtke Sports Inc. is not responsible for the availability
or content of other services that may be linked to the Service.
The information contained in or made available through the Website
(including, but not limited to information contained within Interactive
Features or text files) cannot replace or substitute for the services
of trained professionals in any field, including, but not limited
to, financial, medical or legal matters.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED
TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
ON ANY Radtke Sports Inc. WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY Radtke Sports Inc. WEBSITE OR THE SERVERS THAT MAKE
SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ARE NOT RESONSIBLE FOR THE TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS
IN AVAILABILITY OF SERVICE ON ANY Radtke Sports Inc. WEBSITE. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON ANY Radtke Sports Inc. WEBSITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL Radtke Sports Inc. OR ITS AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST REVENUES
OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT RESULT FROM THE
ACCESS AND USE OF, OR THE INABILITY TO USE OR ACCESS, ANY Radtke Sports Inc. WEBSITE
OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION, OR SUBSEQUENT
LOSS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE],
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
ANY Radtke Sports Inc. WEBSITE.
b.) The Website may contain links and pointers
to other sites, resources, and advertisers of the Website. Links
to and from the Website to other sites, maintained by third parties,
do not necessarily constitute an endorsement by Radtke Sports Inc. or any Affiliate
of any third party site or content. Radtke Sports Inc. is not responsible for the
availability of these third party resources, or their contents.
Radtke Sports Inc. has not necessarily reviewed any or all of the sites linked
to the Website and are not responsible for the content of any off-Website
pages or any other sites linked to the Website. We do not make any
representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information)
you might be requested to give any third party. Your linking to
the Website, off-Website pages or other sites is at your own risk
and without the permission of Radtke Sports Inc. unless otherwise documented. By
clicking on any such link, you acknowledge that the Website has
no control over, and makes no representations of any kind with respect
to, such other sites or any content contained within such other
sites, and you hereby revoke any claim against Radtke Sports Inc. with respect
to such other sites. You should direct any concerns regarding any
external link to its site administrator or webmaster.
c.) Search and directory features are provided
free of charge, when applicable. Because the Web changes constantly,
no search engine technology can possibly have all accessible sites
at any given time. Thus, we explicitly disclaim any responsibility
for the content or availability of information contained in any
Radtke Sports Inc.-related search index or directory.
6.) Notice and Procedure
a.) Radtke Sports Inc. may give notice to Consumers of the Website
by means of a general notice on the Website, electronic mail to
a Consumer's e-mail address on our records, or by written communication
sent by first class mail to a Consumer's address on Radtke Sports Inc.’ records.
If you believe that any material on this Website, whether posted
by us or by third parties, violates the copyrights or other rights
of third parties, please contact us with complete details.
To be effective, the notification must be a written communication
that includes the following:
- A physical or electronic signature of person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been
infringed, or multiple copyrighted works at a single Website are
covered by a single notification, a representative list of such
works at that Website;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit Radtke Sports Inc. to locate the material;
- Information reasonably sufficient to permit Radtke Sports Inc. to contact the
complaining party, such as an address, telephone number, and,
if available, an electronic mail address at which the complaining
party may be contacted;
- A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
You may give notice to Radtke Sports Inc. by (such notice shall be deemed given
when received at any time by any of the following means):
- Electronic mail to [email protected];
- Letter faxed to Radtke Sports at the following fax number: 813-792-2220;
- Letter delivered by first class postage prepaid mail or courier
at the following address:
Radtke Sports
15814 Muirfield Drive
Odessa, FL 33556
7.) Indemnification
a.) You agree to indemnify, defend and hold Radtke Sports Inc. and its
Affiliates harmless from and against any and all liabilities, losses,
damages and expenses (including but not limited to) attorneys' fees
and court costs), incurred by Radtke Sports Inc. and its Affiliates in connection
with any claim relating to: (i) your use of the Website, including,
but not limited to use of any Interactive Feature or Store; and
(ii) any breach or alleged breach of these Terms of Use. You will
cooperate as fully as reasonably required in Radtke Sports Inc.' defense or any
claim. Radtke Sports Inc. reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any
matter without the written consent of Radtke Sports Inc..
b.) In conjunction with the foregoing, you are
entirely responsible for maintaining the confidentiality of your
password and account and for all activities that occur under your
account.
8.) Termination of Service
a.) These terms are effective until terminated
by either party. You may terminate these terms at any time by discontinuing
use of all Radtke Sports Inc. Websites and destroying all materials obtained from
any and all such Websites and all related documentation and all
copies and installations thereof, whether made under these terms
or otherwise.
b.) Radtke Sports Inc. may change, suspend or discontinue any
aspect of any Radtke Sports Inc. Website at any time, including the availability
of any Website feature, database, or content. Radtke Sports Inc. may also impose
limits on certain features and services or restrict your access
to parts or the entire Website without notice or liability at any
time in Radtke Sports Inc.' exclusive discretion, without prejudice to any legal
or equitable remedies available to Radtke Sports Inc., for any reason or purpose,
including, but not limited to, conduct that Radtke Sports Inc. believes violates
these Terms of Use or other policies or guidelines posted on the
Website or conduct which Radtke Sports Inc. believes is harmful to other Consumers,
to Radtke Sports Inc.' business, or to other information providers. Upon termination
of this agreement, you will immediately discontinue your use and
access of the Website and destroy all materials obtained from it
and all related documentation and all copies and installations thereof,
whether made under these terms or otherwise.
9.) Choice of Law and Jurisdictional Issues
a.) Radtke Sports Inc. is controlled and operated from its United
States offices in California, Illinois, and Florida. Radtke Sports Inc.' headquarters
are in Sacramento County, California, in the City of Sacramento.
Radtke Sports Inc. Websites as well as these Terms of Use are governed by and subject
to the Radtke Sports Inc. of the state of California and the United States of
America, regardless of the location of the Consumer. Any claims
of any kind related thereto must be filed in the courts located
in Sacramento County, California, and you hereby consent to the
jurisdiction of such court solely for such purposes and you further
waive any argument that any such court does not have jurisdiction
over such dispute or that venue in any such court is not appropriate
or convenient.
b.) Radtke Sports Inc. and its Affiliates make no representation
that the materials contained in the Website are appropriate or authorized
for use in all countries, states, provinces, county or any other
jurisdictions. If you choose to access the Website, you do so on
your own initiative and risk and are responsible for compliance
with all applicable Radtke Sports Inc..
10.) Miscellaneous
a.) These Terms of Use constitute the entire agreement
between the parties, and supersedes all prior and contemporaneous
written or oral agreements, proposals or communications with respect
to the subject matter herein between you and Radtke Sports Inc.. The section headings
in these Terms of Use are for convenience only and must not be construed
as legal advice to you. If any provision of these Terms of Use is
held by a court of competent jurisdiction to be unlawful, void,
invalid or unenforceable, the remaining provisions shall remain
in full force and effect.
b.) You may not transfer, sell, or otherwise assign
your rights or obligations under these Terms of Use.
11.) Policy Updates
a.) Radtke Sports Inc. in its sole discretion may amend, modify,
or remove any portion of these Terms of Use, or impose new conditions,
at any time. Any such changes or additions will be reflected by
an update of this posting. Please check these Terms of Use periodically
for changes. Your continued use of the Website following the posting
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b.) LAST UPATED:August 19, 2003
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