2. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that CBSI may provide to you required notices, agreements and other information concerning the Stat Crew Application and/or the Web Services electronically. CBSI will post the notices on the home page of Stat Crew Application Web site or send the relevant information to an e-mail address that you have designated.
3. INSTALLING STAT CREW APPLICATION, DOWNLOADING/UPLOADING CONTENT.
When you install, interact and/or download the Stat Crew Application and/or upload any scoring data and information into the Stat Crew Application (the "Data"), you understand that we are not responsible for your use of or inability to use the Stat Crew Application and/or the Web Services, including without limitation the accuracy, or reliability of such Stat Crew Application and/or the Web Services. YOU USE SUCH STAT CREW APPLICATION AND/OR WEB SERVICES AT YOUR OWN RISK. The Stat Crew Application and/or Web Services is/are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute, reproduce or modify the Stat Crew Application and/or the Web Services for any commercial purpose, you must obtain CBSI's prior written consent.
4. STAT CREW APPLICATION, WEB SERVICES AND FEES.
The current Stat Crew Application and/or Web Services plans are available at http://www.statcrew.com/shopcart/index.html, the prices for current Stat Crew Application and/or Web Services are available at http://www.statcrew.com/html/pricelist.shtml and the current Stat Crew Application and/or Web Services are available for purchase at http://store.statcrew.com/. CBSI may discontinue or change any service or feature of the Stat Crew Application and/or the Web Services at any time, without notice, and without compensation or refund to you of any kind.
5. PERMISSIBLE USE ONLY.
You may use the Stat Crew Application and/or the Web Services for lawful purposes only. You may not upload, submit or transmit via the Stat Crew Application and/or the Web Services any Content, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- impersonates any person, business or entity, or represents any deceptive or fraudulent act;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- interferes with the use of the Stat Crew Application by others;
- abuses system resources including but not limited to hacking, pinging, flooding, spoofing, or other malicious activity; and
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact CBSI immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of any unauthorized use. If CBSI requests registration information from you, you must provide CBSI with accurate and complete information and must update the information when it changes. You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another server resource or network. Sharing your login name, password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. You will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
7. LICENSE, PROPRIETARY RIGHTS AND RESTRICTIONS OF USE.
Copyright Notices. The Stat Crew Application and the Web Services are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by CBSI. You will abide by any and all additional copyright notices, information, or restrictions contained in the Stat Crew Application and/or the Web Services or as CBSI otherwise may impose from time to time.
Further Restrictions. You represent, warrant and covenant that you will not reverse engineer, decompile, translate, modify, obscure or develop derivative works based on, or otherwise attempt to discern the source code of (except as permitted by law), the Stat Crew Application and/or the Web Services.
8. REQUIREMENTS FOR DOWNLOADING THE STAT CREW APPLICATION.
System Requirements. You understand and agree that the Stat Crew Application and/or the Web Services is/are subject to system requirements and other limitations of use available at http://www.statcrew.com/html/requirements1.shtml and that the Stat Crew Application will only operate if your system meets those requirements and limitation.
No Internet Connection Equipment Provided. CBSI will not be obligated to, and you acknowledge that CBSI will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You will be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can download the Stat Crew Application and access the Web Services.
9. USER INFORMATION.
10. CUSTOMER SUPPORT.
For assistance, questions or other order inquiries, please refer to our online FAQ's available at http://www.statcrew.com/html/faqs1.shtml.
11. DISCLAIMER OF WARRANTIES.
We provide the Stat Crew Application and the Web Services "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE." We and our suppliers and/or licensors make no express warranties or guarantees about the Stat Crew Application and the Web Services. PROVIDER DOES NOT WARRANT OR REPRESENT THAT YOUR ACTIVITIES OR USE OF THE STAT CREW APPLICATION AND/OR THE WEB SERVICES IS/ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE STAT CREW APPLICATION AND/OR THE WEB SERVICES IS/ARE AT YOUR SOLE RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE STAT CREW APPLICATION AND/OR THE WEB SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND/OR LICENSORS DISCLAIM ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE STAT CREW APPLICATION AND/OR THE WEB SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH US ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE STAT CREW APPLICATION AND/OR THE WEB SERVICES WILL MEET YOUR REQUIREMENTS, IS/ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STAT CREW APPLICATION AND/OR THE WEB SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, OR ACCURATE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE STAT CREW APPLICATION AND/OR THE WEB SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ASSUME FULL RESPONSIBILITY AND PROVIDER RETAINS NO LIABILITY FOR THE LOSS OF DATA FOR ANY REASON. YOU ASSUME FULL RESPONSIBILITY AND PROVIDER RETAINS NO LIABILITY FOR THE COMPROMISE OF DATA DUE TO THIRD-PARTY HACKING OF ANY SYSTEM. YOU ASSUME FULL RESPONSIBILITY AND PROVIDER RETAINS NO LIABILITY FOR THE COMPROMISE OF DATA DUE TO DATA LOSS ASSOCIATED WITH EQUIPMENT FAILURE.
12. LIMITATION OF LIABILITY.
YOU AGREE THAT THE LIMIT OF ALL DAMAGES CLAIMED BY YOU FOR ANY REASON AGAINST PROVIDER, OUR LICENSEES, PARENT, OUR AFFILIATES, MANAGEMENT, AGENTS, OWNERS, LICENSORS AND SUPPLIERS, SHALL BE A REFUND OF ACTUAL AMOUNTS PAID BY YOU TO CBSI. IN NO EVENT SHALL PROVIDER'S LIABILITY, OR THE LIABILITY OF OUR LICENSEES, PARENT, OUR AFFILIATES, MANAGEMENT, AGENTS, OWNERS, LICENSORS AND SUPPLIERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE STAT CREW APPLICATION EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID CBSI DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. TO THE EXTENT PERMITTED BY LAW, CBSI, OUR LICENSEES, PARENTS, OUR AFFILIATES, MANAGEMENT, AGENTS, OWNERS, LICENSOR AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON STAT CREW APPLICATION. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Provider, its parent and affiliated companies, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Stat Crew Application and/or the Web Services and/or Provider's cost of enforcement of these Terms of Service. You agree to make payment for these indemnified actions promptly on an as-incurred basis. Notwithstanding the foregoing, Provider retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Provider and its independent contractors under the terms and provisions of this Section 13 and in no event will you settle any claim without Provider's prior written approval.
14. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
16. TERMINATION AND SURVIVAL.