Sport Rabbit Website Use Terms & Conditions

General

Welcome to sportrabbit.com, the website and online service of Luther Jacob, Inc., d/b/a SportRabbit.com, and its subsidiaries and affiliates (collectively, "SportRabbit").

These Terms of Use may be modified at any time and without any notice by SportRabbit. By accessing and/or using sportrabbit.com (the "Site"), you agree to be bound by the current version of the Terms of Use. If you do not agree with the Terms of Use, do not access or use (or continue to access and use) the Site. The Terms of Use apply to all visitors, users and others who access the Site.

Conditions of Use

We use a broad range of information, advertisements and content, including, without limitation, text, images, software, photographs, designs, graphics, illustrations, copyrights, trademarks, patents, logos, service marks, audio, videos and music on the Site (collectively, the "Information"). We maintain the Site and provide the Information solely for your personal, non-commercial personal use.

You agree that you will not use the Site or Information in any way that is contrary to the Terms of Use, or that is unlawful or harms SportRabbit, sub-licensees, resellers, distributors, service providers, advertisers, suppliers, customers, users of the Site, the Site, or the network to which it is connected.

You agree that you will not use the Site to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk or unsolicited commercial e-mail (“Spam”). Further, you are prohibited from obtaining the service of another provider to send Spam to promote a site hosted on the Site.

In the event that you violate any of the Terms of Use, we reserve the right, in our sole and absolute discretion, to terminate, suspend or restrict your access to this Site, unilaterally and without notice. We also reserve any and all remedies at law or equity in connection with any violation of the Terms of Use.

Eligibility

The Site is intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Site by anyone under thirteen (13) years of age is unauthorized. If a user is at least thirteen (13) years of age and under eighteen (18) years of age, the user may only use the Site only if the user is an emancipated minor or possesses legal parental or guardian consent, and is fully able and competent to enter into the Terms of Use.

If you are a retail store signing up with the Site, you represent and agree that the registration information you provide regarding the retail store is true, accurate and complete, and that the retail store is an existing and legitimate retail store. In addition, if any of the registration information changes, you are required to provide us with the updated information as soon as possible.

Intellectual Property

The Information is the exclusive property of SportRabbit and its licensors.

The names SportRabbit, Sport Rabbit and sportrabbit.com are services names and service marks of SportRabbit (collectively, the "Trademarks"). All other trademarks or service marks used on the Site are the trademarks of their respective owners.

For purposes of the Terms of Use, "Intellectual Property Rights" means all patent rights, copyright rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefrom and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Except as explicitly provided herein, nothing in the Terms of Use shall be deemed to create a license in or under any of the Information, the Trademarks or Intellectual Property Rights, and you agree not to sell, lease, sublicense, modify, distribute, copy, reproduce, transmit, file transfer, publish, adapt, edit or create derivative works from any Information or content accessible on the Site. The Information is protected under federal and state intellectual property laws and international treaty provisions.


Digital Millennium Copyright Act Notice

We do not make it our responsibility to monitor the use of copyrights, trademarks or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action we deem reasonable and allowed by law against users or other third parties that infringe on copyrights of others. We reserve the right to cooperate with any third-party investigations of alleged illegal or improper activity related to the Site. We specifically reserve the right to revise or reject any content at any time for any reason.

If you believe that any Information on the Site contains unauthorized reproductions of your copyrighted work, and you want us to take any action, please notify SportRabbit’s registered copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the "DMCA"). For your complaint to be valid, you must provide the following information in writing:


  • 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • 2. Identification of the copyrighted work that you claim has been infringed;
  • 3. Identification of (a) the material that is claimed to be infringing or to be the subject of the infringing activity and where it is located on the Site and/or (b) the reference or link to the material claimed to be infringing to permit us to locate the material;
  • 4. Information reasonably sufficient to permit SportRabbit to contact you, such as your address, telephone number and e-mail address;
  • 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and
  • 6. A statement, made under penalty of perjury, that the information in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be sent to the following:


SportRabbit.com/DMCA Notice
401 N 3rd St, Suite 450
Minneapolis, MN 55401
info@sportrabbit.com



Links to Third Party Sites

The Site may include links that will take you to sites outside of the Site (the "Linked Sites"). The Linked Sites are provided by SportRabbit only as a convenience and the inclusion of the Linked Sites does not imply any endorsement by SportRabbit of any Linked Site. SportRabbit does not have any control of the Linked Sites and SportRabbit is not responsible for the contents of any Linked Site or any changes or updates to a Linked Site.


Products and Services

References on the Site to any products or services shall not constitute or imply an endorsement of such products or services by SportRabbit. SportRabbit makes no representations and is not responsible for the quality, legality, decency, or any other aspect of the products or services provided by third parties that may be referred to on the Site.


Advertisers and Sponsors

You acknowledge that the Site may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on the Site is accurate and complies with all applicable laws. SportRabbit will not be responsible for any illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.


Payments to SportRabbit

This section controls if you make payments to SportRabbit. When you create a billing account, you agree to make payments through PayPal.  You authorize SportRabbit to charge you via PayPal for the service SportRabbit provides to you. A valid credit card is required for Standard and Premium accounts. Basic accounts are not required to provide a credit card number.  SportRabbit is not affiliated with PayPal in any way, and is not an agent of PayPal.  SportRabbit is not responsible in any way for the actions or performance (or lack thereof) of PayPal. You agree to keep all your information in your billing account current, including your billing address and the expiration date of your credit card.  You can access your billing account at http://www.sportrabbit.com/admin, where you can make changes to your billing account. The Service is billed in advance on a monthly basis on the date that you sign up and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For any upgrade or downgrade in package type, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of content, features, or capacity of your Account. SportRabbit does not accept any liability for such loss. SportRabbit may change the price of the service from time to time, but SportRabbit will provide notice to you in advance of the change.  If you do not agree to the change, you must cancel your service.  You may cancel your service at any time, with or without cause.  Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.  Unless otherwise provided by law, all charges are non-refundable. SportRabbit will provide you with an online account summary which can be found in the billing section of your account.

Go to http://www.sportrabbit.com/admin/billing_accounts  to view your account.


Use of Information Submitted

You agree that SportRabbit may use any comments, information or ideas contained in any communication you may send to SportRabbit, without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, and creating, modifying or improving the Site or other products and services. In addition, any information provided by you shall be deemed to be not confidential, and we will not protect any such information provided by you from disclosure. SportRabbit is free to use, disclose and distribute such information to third parties without any limitation.


Security

You agree that you will comply with all security process and procedures (such as the use of passwords) specified by SportRabbit with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization from SportRabbit. You agree that you will not disrupt the functioning of the Site or otherwise act in a way that interferes without users’ use of the Site.


Passwords

In order to access certain areas of the Site, you may be required to enter a user name and password on the Site. You will not permit any other person or entity to use your user name and password, and will ensure that you log off from your account at the end of each session. You agree not to disclose your user name or password to any other person or entity and shall hold your user name and password in confidence. In the event you determine that another person has gained access to your user name and password, or has accessed the Site using your user name and password, you will immediately notify SportRabbit of such access. In such event, SportRabbit will delete your old user name and password, and, in its sole discretion, issue you a new name and password.

Consent to Monitoring

SportRabbit is under no obligation and does not assume any obligation to monitor the information residing on or transmitted to the Site. However, you agree that SportRabbit may monitor the Site to operate the Site, protect the users of the Site and comply with all laws, regulations or requests from governmental authorities. SportRabbit reserves the right to modify or delete any information contained on the Site.


Communications with Users of the Site

SportRabbit may contact you by telephone, direct mail or e-mail to conduct online surveys, provide information on new product and services, or inform you of special promotions. If you receive an e-mail from us that you do not wish to receive, you may email info@sportrabbit.com and ask us to remove you from the list. Please note that even if you remove yourself from SportRabbit’s e-mail list, some e-mail messages may still come to you, such as e-mails with information about viruses, changes to your service or other types of product advisories.


Privacy

Use of the Site is also subject to the Privacy Policy, the terms of which are incorporated into the Terms of Use.


Indemnification

You agree, at your own expense, to indemnify and hold SportRabbit, and, as applicable, its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content, harmless from and against any third-party claim or cause of action, including reasonable attorney's fees and costs, arising directly or indirectly, in whole or in part, out of your breach of the Terms of Use, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.


Limitation of Liability

You agree not to hold SportRabbit, and, as applicable, its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content, liable for information, claims, merchantability, offering or materials presented on the Site. If you are a customer who purchased any of the Services, you understand and acknowledge that business specifics may result in performance that is above or below customers who are similar to you, and we cannot guarantee exact performance.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SPORTRABBIT, ITS OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, EVEN IF SPORTRABBIT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPORTRABBIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO SPORTRABBIT WITHIN THE SIX (6) MONTHS PRIOR TO THE EVENTTHAT INCURRED THE LIABILITY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SPORTRABBIT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SPORTRABBIT REGARDLESS OF THE CAUSE OF ACTION.


Warranty Disclaimers

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED BY SPORTRABBIT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION PROVIDED BY SPORTRABBIT OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE FORGOING, SPORTRABBIT DOES NOT WARRANT (A) THAT THE INFORMATION ON THE SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE, (B) THAT THE INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT THE QUALITY OF THE SITE OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS, OR (D) THAT ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.

THE SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SPORTRABBIT MAY MAKE CHANGES TO THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY OF THE SERVICES LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. SPORTRABBIT MAKES NO COMMITMENT TO KEEP THE SITE UPDATED.


Choice of Law, Waiver and Claims

The Terms of Use, and any controversy or claim arising out of the Terms of Use or the Site, shall be governed by the laws of the state of Minnesota without regard to its conflict of laws provisions. SportRabbit's failure to enforce or exercise any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, void, unenforceable or illegal by any court of competent jurisdiction, the validity and enforceability of the other provisions of the Terms of Use shall remain in full force and effect and will not be affected thereby. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site must be filed within one (1) year after such claim or cause of action arose.


Forum and Arbitration

YOU AND WE AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN MINNESOTA SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. If the foregoing exclusive forum provision is unenforceable with respect to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by a mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. If any claim or controversy is consolidated, it must be brought in or removed to state or federal court. To the extent permitted by such rules, the location of the arbitration shall be in Minneapolis, Minnesota. The arbitrator shall apply Minnesota law without regard to its conflict of laws provisions.

More Information

You may direct any questions concerning these Terms of Use to:



SportRabbit.com
401 N 3rd St, Suite 450
Minneapolis, MN 55401
info@sportrabbit.com

Updated: October 23, 2012