This website is owned and operated by All Pro Sports & Entertainment, Inc. (“APSE”). By registering for access to any portion of this site or by using any portion of this site you and your company or other business organization (hereinafter “you” or “your” will be deemed to mean both you and your company or business organization) agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not proceed any further and do not use this site.
1. The Site
The Information may be supplied by APSE or third parties and users of the site. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of APSE. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. APSE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized APSE spokespersons acting in their official capacities.
APSE has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. Use of this site is solely at APSE’s discretion, and APSE reserves the right to prohibit anyone from accessing, browsing, supplying information to, downloading information from, or conducting business on this site.
2. Use of the Site
You agree (i) to comply with all applicable laws and regulations regarding your use of this site and the Information, (ii) not to retransmit, publicly display, sell or use the Information provided other than solely for your internal purposes, (iii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, (iv) not to post or transmit through the site any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, (v) not to post or transmit through the site any material which contains advertising or any solicitation with respect to products or services without APSE’s express prior approval, and (vi) not to use the site to advertise or perform any commercial solicitation. Any conduct by you that in APSE’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
Business associates or customers providing or using Information that is made available on this site are solely responsible for the accuracy and content of the Information supplied or used and agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal.
3. Site Content
While it may monitor, remove or delete transmissions to this site, APSE is under no obligation to monitor, remove or delete any transmissions. APSE exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal Information supplied to this site; provided, however, that APSE may take any action with respect to any Information that APSE deems in its sole discretion is necessary or appropriate, including the deletion of any such Information. You agree to promptly report any suspicious or unauthorized use of this site to APSE. APSE reserves the right to monitor any and all activity on this site and APSE may notify the proper law enforcement officials if any suspicious activity is detected.
4. Copyrights and Trademarks
This site is copyrighted by All Pro Sports & Entertainment, Inc. All rights are reserved. Product names, logos, designs, titles, words or phrases within this site may be trademarks, service marks, or trade names of All Pro Sports & Entertainment, Inc. or other entities and may be registered in certain jurisdictions. In particular, All Pro Sports & Entertainment, Inc. and the APSE logo are trademarks or service marks of All Pro Sports & Entertainment, Inc. Other brands and product names are trademarks or service marks of their respective owners.
Your use of this site or any of the information is at your own risk. This site and the information are provided “as-is” and “as-available.” APSE hereby disclaims any and all warranties with respect to the site and the information, whether express or implied, including without limitation, any warranty of merchantability, satisfaction, fitness for particular purpose, completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement. APSE makes no representations or warranties with respect the information, services or materials made available by any third party. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that may vary by jurisdiction.
6. Links to other Web Sites
Links to third party Web sites on this site are provided solely as a convenience to you and may be terminated at any time. If you use these links, you will leave this site. APSE has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Therefore, APSE does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. You acknowledge and agree that APSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
7. Limitation of Liability
In no event will All Pro Sports & Entertainment, Inc., its suppliers, or other third parties mentioned at this site be liable for, and you hereby irrevocably release APSE from, any and all liability for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold APSE harmless from and against any damage, loss, liability or expense (including reasonable attorney’s fee) that APSE may suffer or incur as a result of any claim attributable to or based upon your use of this site or any of the Information. If for any reason you are not satisfied with this site or the Information, your sole remedy is to cease using this site or the Information.
Nothing in these terms and conditions will be construed to make APSE or its business associates, customers or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.
If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. APSE controls and operates this site from our offices in Denver, Colorado. These terms and conditions, and your use of the site, will be governed by and interpreted in accordance with the laws of the State of Colorado, U.S.A, excluding its conflicts-of-law rules. You hereby consent to the personal jurisdiction of the State of Colorado and acknowledge that venue is proper in any state or Federal court in the State of Colorado, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. These terms and conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this site and the Information and supersede all other agreements with respect to the subject matter hereof.
APSE may change these terms and conditions from time to time and at any time, without actual notice to you. In the event of a change, APSE will post the revised version to our web site. Any access to or use of the site after such an update will be deemed consent to such update. You are therefore encouraged to refer back to this page regularly. These terms and conditions may not be otherwise amended without the written consent of APSE.
The foregoing provisions are for the benefit of APSE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Last updated January 27, 2010