SPORTMiX® and its affiliates provide their services to you subject to the following conditions. When you visit SPORTMiX.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future SPORTMiX.com services, visit or purchase from any business affiliated with SPORTMiX® whether or not included in the SPORTMiX.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SPORTMiX® or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SPORTMiX® and is protected by U.S. and international copyright laws. All software used on this site is the property of SPORTMiX® or its software suppliers and is protected by United States and international copyright laws.
SPORTMiX® and other marks indicated on our site are registered trademarks of SPORTMiX® or its subsidiaries in the United States and other countries. SPORTMiX®, and other SPORTMiX.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of SPORTMiX® or its subsidiaries. SPORTMiX®’s trademarks and trade dress may not be used in connection with any product or service that is not SPORTMiX®, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SPORTMiX®. All other trademarks not owned by SPORTMiX® or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SPORTMiX® or its subsidiaries.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SPORTMiX®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SPORTMiX® and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing any SPORTMiX® names or trademarks without the express written consent of SPORTMiX®. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SPORTMiX.com so long as the link does not portray SPORTMiX®, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SPORTMiX® logos or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may send reviews, comments, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. SPORTMiX® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant SPORTMiX® and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SPORTMiX® and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You present and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SPORTMiX® and its affiliates for all claims resulting from content you supply. SPORTMiX® has the right but not the obligation to monitor and edit or remove any activity or content. SPORTMiX® takes no responsibility and assumes no liability for any content posted by you or any third party.
SPORTMiX® and its affiliates attempt to be as accurate as possible. However, SPORTMiX® does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SPORTMiX® is not as described, your sole remedy is to return it to the retailer where the product was purchased or to SPORTMiX® in its unused condition.
Parties other than SPORTMiX® and its subsidiaries operate stores, provide services, or sell product lines on their online store sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. SPORTMiX® does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SPORTMiX® ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPORTMiX® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTMiX® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTMiX® DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM SPORTMiX.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTMiX.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting SPORTMiX.com, you agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SPORTMiX® or its affiliates.
Any dispute relating in any way to your visit to SPORTMiX.com shall be submitted to confidential arbitration in Evansville, Indiana, except that, to the extent you have in any manner violated or threatened to violate SPORTMiX® intellectual property rights, SPORTMiX® may seek injunctive or other appropriate relief in any state or federal court in the state of Indiana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all policies posted on this site. These policies govern your visit to SPORTMiX.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.