Terms of Use Agreement

 

These Terms of Use are a legally enforceable contract that sets forth the terms of your licensed use of all Sporting Goods Intelligence (“SGI”) printed, digital and online publications, including newsletters, online news feeds, reports, web site, directories and databases (collectively, “the Content”). By agreeing to these terms, you agree that you will be bound by this Agreement. If, after reading this Agreement, you decide that you do not want to be bound by it, you must click “No” on the bottom of this page, in which case we will promptly refund any payment that you have made to us.

Once you click “Yes” on the bottom of this page, you are bound by the following terms and no refunds will be authorized.

  1. You expressly acknowledge that Sporting Goods Intelligence, Inc. (SGI) owns all copyrights to the Content. Conditioned upon your compliance with all the terms of this Agreement, we grant you the non-exclusive, non-transferrable, limited right to use the Content.
  2. Your license to particular categories of the Content will continue as long as you are a paid-up subscriber for that Content, provided that you comply with the terms and conditions of this Agreement. We may terminate your subscription, and access to the applicable Content, for any reason or no reason effective upon written notice if we tender a prorated refund of any fee you have paid. SGI reserves the right to restrict, suspend or terminate this Agreement and your access to the Content, in whole or in part, without notice and without refund, in the event of any breach by you of any term of this Agreement.
  3. The license to the Content is solely for your individual use. You may not permit anyone other than yourself to gain access to the Content using your user ID and password, nor may you circumvent this restriction by accessing the Content at the request of or for the benefit of a third party. You may not transfer this license to anyone without our written permission. Aside from printing a single copy of the Content solely for your personal use, you may not copy, forward, re-transmit or republish any of the information contained in the Content, nor shall you incorporate any portion of into any other database, directory, or news information source. For example, you may not print any additional copies of the Content or any portion thereof, forward the Content by email, or upload the Content to the Internet or any other system accessible to third parties.
  4. You agree that all disputes between the parties arising from, relating to or in any manner connected to this Agreement and/or SGI’s copyrights shall be construed under and resolved in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law principles. Any dispute shall be litigated only in the state or federal courts of Pennsylvania, to the personal jurisdiction of which you hereby consent. You further agree that, irrespective of whether the challenged conduct occurs within the United States or outside the United States, in addition to any other remedies that may be available to SGI, the remedy for any breach of this Agreement involving unauthorized access or other infringement of our intellectual property rights shall be (1) an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq., irrespective of whether SGI may have complied with any statutory formalities otherwise required to be entitled to such an award; and (2) an award of reasonable attorney’s fees and costs, irrespective of whether SGI may have complied with any statutory formalities otherwise required to be entitled to such an award. You further agree that, in connection with any claim for copyright infringement asserted against you by SGI, the United States Copyright Act shall apply to any such claim, even if the claimed infringement occurs solely outside the United States.
  5. We disclaim all warranties, express or limited, including the implied warranties of merchantability and fitness for your particular purpose. The Content may contain inaccuracies or typographical errors, and SGI assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Content and in any other referenced or linked documents. We will not be liable for any damage or loss of any kind arising out of or resulting from your use of the Content, including but not limited to, liability arising from your reliance on the Content, errors in the data contained in the Content, and data loss or corruption, regardless of whether such liability is based in contract or otherwise. If the foregoing limitation is held to be unenforceable, our maximum liability to you shall not exceed the amount of the license fees paid by you pursuant to this Agreement. The remedies available to you against us under this Agreement are exclusive. Note that some states do not permit limitations on implied warranties or liability for incidental or consequential damages, so certain of the above limitations may not apply to you.
  6. SGI may make changes to the Content, prices, specifications and product offerings at any time, without notice. SGI may assign its rights in this Agreement to a successor.
  7. This Agreement represents the entire agreement between us and you concerning its subject matter and it supersedes any prior agreement we may have had, written or oral, concerning such subjects. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement will remain in full force and effect. This Agreement may not be altered or amended, nor may any of its terms be waived, except in writing signed by both you and us.

I have read the above terms and agree to be bound by them.

  


 

©2017 Sporting Goods Intelligence, Inc.