Terms of Use
And Service
NuSport
International,
Inc.
General
Email:
info@NuSportWorld.com
Effective:
8/20/2010
Terms of Use
and Service
for NuSport
International,
Inc.
("COMPANY",
"We", "Us",
"Our")
1.
ACCEPTANCE
OF TERMS
COMPANY
provides
services,
including
this Web
site, to
you, subject
to
acceptance
without
modification
of all of
the terms
and
conditions
contained
herein and
all other
operating
rules,
policies and
procedures
that may be
published
from time to
time on this
site by
COMPANY
(collectively
the
'Terms').
We reserve
the right to
modify these
terms by
posting a
notice on
our website,
or by
sending you
a notice via
email,
postal mail
or phone.
You shall be
responsible
for
reviewing
and becoming
familiar
with any
such
modifications.
Such
modifications
are
effective
immediately
upon first
posting or
notification,
and use of
our Web site
or any
services by
you
following
such posting
or
notification
constitutes
your
acceptance
of these
Terms as
modified.
IF YOU DO
NOT AGREE TO
ALL OF THESE
TERMS, THEN
DO NOT
ACCESS OR
USE THE
SERVICE. BY
VIEWING OR
USING ALL OR
ANY PART OF
THE SERVICE,
DOWNLOADING
ANY
MATERIALS OR
BY
COMPLETING
PURCHASING
ITEMS OR
REQUESTING
INFORMATION,
YOU AGREE TO
BE BOUND BY
ALL OF THE
TERMS.
2. THE
COMPANY
SERVICES
COMPANY
provides
users with
access to a
collection
of on-line
resources or
SERVICES,
including
without
limitation
Web pages
(the WEB
SITE,
collectively)
and other
potential
services as
selected by
COMPANY. In
order to use
the
SERVICES,
you must
obtain
access to
the World
Wide Web,
either
directly or
through
devices that
access
web-based
content, and
pay any
service fees
associated
with such
access. In
addition,
you must
provide all
equipment
necessary to
make such
connection
to the World
Wide Web,
including a
computer and
modem or
other access
device.
3. SERVICE
OBLIGATIONS
Certain
SERVICES,
such as the
ability to
purchase
items
online, are
available to
individuals
who are at
least 18
years old
and a
resident of
the United
States. If
you do not
so qualify,
do not
attempt to
use
SERVICES.
COMPANY may
refuse to
offer the
SERVICES to
any person
or entity
and may
change its
eligibility
criteria, at
any time, in
its sole
discretion.
4. ACCOUNT
USERS AND
REGISTRATION
OBLIGATIONS
In order to
take
advantage or
use some of
the features
offered with
the
SERVICES,
you may be
required to
register
and/or
create an
account with
COMPANY. By
creating an
account, you
agree to
take full
responsibility
for
maintaining
the account
user name,
password,
and all
related
activity
that occurs
under your
account user
name.
COMPANY
reserves the
right to
close your
account at
any time for
any reason
or no
reason, in
its sole
discretion.
In
consideration
of use of
the Service,
you agree
to:
1. Provide
true,
accurate,
current and
complete
information
about
yourself as
prompted by
the
SERVICE'S
registration
form (such
information
being the
"Registration
Data");
2. Maintain
and promptly
update the
Registration
Data to keep
it true,
accurate,
current and
complete. If
you provide
any
information
that is
untrue,
inaccurate,
not current
or
incomplete,
or COMPANY
has
reasonable
grounds to
suspect that
such
information
is untrue,
inaccurate,
not current
or
incomplete,
COMPANY has
the right to
suspend or
terminate
your account
and refuse
any and all
current or
future use
of the
SERVICES (or
any portion
thereof).
Additionally,
you agree
that if you
provide
false
information
to obtain
access to a
any COMPANY
SERVICES
that you are
not legally
entitled to
claim,
COMPANY will
be entitled
to collect
liquidated
damages of
$1000 per
violation or
actual
damages
incurred by
COMPANY from
you. You
understand
and agree
that the
service may
include
certain
electronic
and
telephone
communications
from
COMPANY,
including
but not
limited to,
service
announcements,
status
reports,
administrative
messages and
the COMPANY
Newsletter,
and that
these
communications
are
considered
part of
COMPANY
SERVICES
and/or
membership
and (except
as
prohibited
by
applicable
law) you may
not be able
to opt out
of receiving
them.
5. COMPANY
PRIVACY
POLICY
For
information
regarding
how we treat
personal
information
of our
users,
please see
COMPANY'S
current,
full privacy
policy at
the end of
this
document.
6. USER
CONDUCT
You
understand
that all
information,
data, text,
software,
music,
sound,
photographs,
graphics,
video,
messages,
lists or
other
materials
("Content"),
whether
publicly
posted or
privately
transmitted,
are the sole
responsibility
of the
person from
which such
Content
originated.
This means
that you,
and not
COMPANY, are
entirely
responsible
for all
Content that
you upload,
post or
otherwise
transmit via
the
SERVICES.
COMPANY does
not control
the Content
posted via
the SERVICES
and, as
such, does
not
guarantee
the
accuracy,
integrity or
quality of
such
Content,
including
but not
limited to
business
endorsements
and
commentary.
You
understand
that by
using the
SERVICES,
you may be
exposed to
Content that
is
offensive,
indecent or
objectionable.
YOU AGREE
NOT TO USE
THE SERVICES
TO:
• Upload,
post or
otherwise
transmit any
Content that
is unlawful,
harmful,
threatening,
abusive,
harassing,
tortious,
defamatory,
vulgar,
obscene,
libelous,
invasive of
another's
privacy,
hateful, or
racially,
ethnically
or otherwise
objectionable;
• Harm
minors in
any way;
•
Impersonate
any person
or entity,
including,
but not
limited to,
a COMPANY
official,
forum
leader,
guide or
host, or
falsely
state or
otherwise
misrepresent
your
affiliation
with a
person or
entity;
• Forge
headers or
otherwise
manipulate
identifiers
in order to
disguise the
origin of
any Content
transmitted
through the
Service or
develop
restricted
or
password-only
access
pages, or
hidden pages
or images
(those not
linked to
from another
accessible
page);
• Upload,
post or
otherwise
transmit any
Content that
you do not
have a right
to transmit
under any
law or under
contractual
or fiduciary
relationships
(such as
inside
information,
proprietary
and
confidential
information
learned or
disclosed as
part of
employment
relationships
or under
nondisclosure
agreements);
• Upload,
post or
otherwise
transmit any
Content that
infringes
any patent,
trademark,
trade
secret,
copyright or
other
proprietary
rights of
any party;
• Upload,
post or
otherwise
transmit any
material
that
contains
software
viruses or
any other
computer
code, files
or programs
designed to
interrupt,
destroy or
limit the
functionality
of any
computer
software or
hardware or
telecommunications
equipment;
• Promote or
use the site
for a
commercial
purpose for
competitive
products,
except as
expressly
permitted by
COMPANY;
• Keyword
spam or to
otherwise
attempt to
manipulate
search
results;
• Interfere
with or
disrupt the
SERVICES or
servers or
networks
connected to
the
SERVICES, or
disobey any
requirements,
procedures,
policies or
regulations
of networks
connected to
the
SERVICES;
•
Intentionally
or
unintentionally
violate any
applicable
local,
state,
national or
international
law,
including,
but not
limited to,
regulations
promulgated
by the U.S.
Securities
and Exchange
Commission,
any rules of
any national
or other
securities
exchange,
including,
without
limitation,
the New York
Stock
Exchange,
the American
Stock
Exchange or
the NASDAQ,
and any
regulations
having the
force of
law;
• "Stalk" or
otherwise
harass
another
individual,
merchant, or
business;
• Collect or
store
personal
data about
users any
individual
or
organization
including
for the
purposes of
advertising
to or
soliciting
any COMPANY
user to buy
or sell any
products or
services)
• Create or
submit
unwanted
email or
messaging
('Spam') to
any other
COMPANY user
or SERVICES
user.
In addition,
you agree
that all
hyperlinks
and other
offers
comprising
the SERVICES
(e.g.
hyperlinks
provided in
connection
with
COMPANY's
RSS feeds)
may not be
modified
from the
original
form in
which such
hyperlinks
and other
offers are
generally
made
available by
COMPANY.
You agree
NOT to
upload or
otherwise
provide to
COMPANY any
Content for
the purpose
of having
COMPANY
embroider,
affix, or
otherwise
attach or
display
Content on
merchandise
or for use
in SERVICES
that;
1. Is or may
be
considered
offensive or
contains
profanity;
2. Is
trademarked
or
copyrighted
by any third
party unless
you obtain
and submit
to COMPANY
proof of the
express
written
consent of
the
trademark or
copyright
holder.
COMPANY
reserves the
right to
reject any
submitted
designs or
Content.
7.
COUPONS/SALES/PROMOTIONS
If you as an
individual
or
organization
use either
the sales,
promotion,
or the
couponing
feature
(known
collective
as ‘deals’)
to provide
consumers
with deals
through the
COMPANY's
SERVICES,
you
represent
and warrant
that you
have
authority to
offer such a
deal and
promise to
honor the
terms of
that deal as
they are
presented to
the consumer
through the
COMPANY
platform.
Without
limitation
of other
representations,
warrants,
and
indemnities
elsewhere
within these
Terms, you
specifically
agree to
indemnify
COMPANY
against any
claims by
users of the
service that
the terms of
a coupon or
other
offered deal
were not
honored.
8. CONTENT
SUBMITTED TO
COMPANY
COMPANY does
not claim
ownership of
the Content
you upload
or otherwise
send to
COMPANY for
use with
SERVICES or
any other
use. By
uploading,
submitting
or otherwise
disclosing
or
distributing
content of
any kind on
the
COMPANY's
Web site or
otherwise
through the
SERVICES,
you:
• Grant to
COMPANY, its
affiliates
and their
assignees
the
perpetual,
irrevocable,
non-exclusive,
royalty-free
right to
use,
reproduce,
display,
perform,
adapt,
modify,
distribute,
make
derivative
works of and
otherwise
exploit such
content in
any form for
the purpose
of providing
the
SERVICES,
including
without
limitation,
any
concepts,
ideas or
know-how
embodied
therein;
• Represent
and warrant
to COMPANY
that you own
or otherwise
control all
rights to
such content
and that
disclosure
and use of
such content
by COMPANY
(including
without
limitation,
publishing
content at
the
COMPANY's
Web site)
will not
infringe or
violate the
rights of
any third
party; and
•
Acknowledge
that the
content may
not be
treated
confidentially.
You agree
NOT to
provide
COMPANY with
any
confidential
or
proprietary
information
that you
desire or
are required
to keep
secret.
You
acknowledge
that COMPANY
does not
pre-screen
Content, but
that COMPANY
and its
designees
shall have
the right
(but not the
obligation)
in their
sole
discretion
to remove or
block access
to any
Content that
is available
via the
SERVICES or
any other
means.
Without
limiting the
foregoing,
COMPANY and
its
designees
shall have
the right to
remove any
Content that
violates the
Terms or is
otherwise
objectionable.
You agree
that you
must
evaluate,
and bear all
risks
associated
with, the
use of any
Content,
including
any reliance
on the
accuracy,
completeness,
or
usefulness
of such
Content.
9. INDEMNITY
You agree to
indemnify
and hold
COMPANY, and
its
subsidiaries,
affiliates,
officers,
agents,
co-branders
or other
partners,
and
employees,
harmless
from any
claim or
demand,
including
reasonable
attorneys'
fees, made
by any third
party due to
or arising
out of your
Content,
your use of
the
SERVICES,
your
connection
to the
SERVICES,
your
violation of
the Terms,
or your
violation of
any rights
of another.
10. NO
RESALE OF
SERVICE
You agree
not to
reproduce,
duplicate,
copy, sell,
resell or
exploit any
portion of
the
SERVICES,
use of the
SERVICES, or
access to
the
SERVICES.
11.
MODIFICATIONS
TO SERVICES
COMPANY
reserves the
right at any
time and
from time to
time to
modify or
discontinue,
temporarily
or
permanently,
the SERVICES
(or any part
thereof)
with or
without
notice. You
agree that
COMPANY
shall not be
liable to
you or to
any third
party for
any
modification,
suspension
or
discontinuance
of the
SERVICES.
12. SERVICES
AVAILABILITY
COMPANY does
not
guarantee or
offer any
warranties,
either
written or
otherwise
expressed,
concerning
the
availability
of SERVICES,
including
the
availability
of COMPANY's
Web site or
other Web
sites,
applications,
or SERVICE
mediums.
From time to
time,
routine
maintenance
or
circumstances
whether in
or out of
COMPANY's
control may
render
SERVICES
unavailable.
In addition,
certain
third party
companies
are engaged
in providing
services for
COMPANY
including,
but not
limited to,
Web hosting
and payment
services
that are
vital to the
ongoing
availability
and
useability
of COMPANY's
SERVICES.
You agree
and
understand
that COMPANY
has no
control over
these
services and
service
providers.
Therefore,
any
descrepencies
or lack of
availability,
degredation
in services
or
performance
issues
related to
these
services are
the sole
responsiblity
of these
third
parties.
You agree
that such
unavailability
may occur
and hold
COMPANY, and
its
subsidiaries,
affiliates,
officers,
agents,
co-branders
or other
partners,
and
employees,
harmless
from any
claim or
demand.
13.
TERMINATION
You agree
that
COMPANY, in
its sole
discretion,
may
terminate
your
password,
COMPANY
site, use of
the SERVICES
or use of
any other
COMPANY
SERVICES,
and remove
and discard
any Content
within the
SERVICES,
for any
reason,
including,
without
limitation,
for lack of
use or if
COMPANY
believes
that you
have
violated or
acted
inconsistently
with the
letter or
spirit of
the Terms.
COMPANY may
also in its
sole
discretion
and at any
time
discontinue
providing
the
SERVICES, or
any part
thereof,
with or
without
notice. You
agree that
any
termination
of your
access to
the SERVICES
under any
provision of
this Terms
may be
effected
without
prior
notice, and
acknowledge
and agree
that COMPANY
may
immediately
deactivate
or delete
your COMPANY
SERVICES and
all related
information
and files in
your COMPANY
SERVICES or
account
and/or bar
any further
access to
such files
or the
SERVICES.
Further, you
agree that
COMPANY
shall not be
liable to
you or any
third-party
for any
termination
of your
access to
the
SERVICES.
14.
ADVERTISEMENTS
COMPANY may,
in its sole
discretion,
run
advertisements
and
promotions
on COMPANY
Sites. By
creating
your COMPANY
account or
using
SERVICES,
you agree
that COMPANY
has the
right to run
such
advertisements
and
promotions.
The manner,
mode and
extent of
advertising
by COMPANY
are subject
to change in
the sole
discretion
of COMPANY.
15. COUPONS,
DEALS, AND
PROMOTIONS
Your
correspondence
or business
dealings
with, or
participation
in
promotions
of,
merchants or
advertisers
found on or
through the
SERVICES,
including
payment and
delivery of
related
goods or
services,
and any
other terms,
conditions,
warranties
or
representations
associated
with such
dealings,
are solely
between you
and such
merchant or
advertiser.
You agree
that COMPANY
shall not be
responsible
or liable
for any loss
or damage of
any sort
incurred as
the result
of any such
dealings or
as the
result of
the presence
of such
advertisers
on the
SERVICES.
16. BILLING
AND
CANCELLATION
Except as
explicitly
permitted by
this
agreement,
if COMPANY
and user
maintain
ongoing
SERVICES
which
require user
to pay a
fee, the
user agrees
to maintain
service with
COMPANY for
the minimum
term. After
that, the
user becomes
a
month–to–month
customer
under this
agreement.
The merchant
can cancel
their
account any
time after
the minimum
term. All
cancellation
requests
must be
submitted
via e-mail
to the
general
e-mail
address of
COMPANY.
17. TERMS OF
SERVICE AND
PRIVACY
POLICY
You agree to
periodically
review
COMPANY's
Terms of
Service and
Privacy
Policy, made
available
online at
the address
listed at
the top of
this
document, as
those
policies may
be changed
from time to
time, are
hereby
incorporated
by reference
into this
Agreement,
and you
agree to be
bound by and
shall at all
time comply
with such
Terms of
Service and
Privacy
Policy. It
your
responsibility
to be aware
of any
change to
the Terms
and
Conditions
by checking
the TOS
Agreement
regularly.
18. LINKS
The SERVICES
may provide,
or third
parties may
provide,
links to
other World
Wide Web
sites or
resources.
Because
COMPANY has
no control
over such
sites and
resources,
you
acknowledge
and agree
that COMPANY
is not
responsible
for the
availability
of such
external
sites or
resources,
and does not
endorse and
is not
responsible
or liable
for any
content,
advertising,
products, or
other
materials on
or available
from such
sites or
resources.
You further
acknowledge
and agree
that COMPANY
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 use of
or reliance
on any such
content,
goods or
services
available on
or through
any such
site or
resource.
19. COMPANY
PROPRIETARY
RIGHTS
You agree
that all
content and
materials
delivered
via the
SERVICES or
otherwise
made
available by
COMPANY are
protected by
copyrights,
trademarks,
service
marks,
patents,
trade
secrets or
other
proprietary
rights and
laws. Except
as expressly
authorized
by COMPANY
in writing,
you agree
not to sell,
license,
rent,
modify,
distribute,
copy,
reproduce,
transmit,
publicly
display,
publicly
perform,
publish,
adapt, edit
or create
derivative
works from
such
materials or
content.
However, you
may print or
download a
reasonable
number of
copies of
the
materials or
content at
COMPANY's
Web site for
your
internal
business or
private
purposes;
provided,
that you
retain all
copyright
and other
proprietary
notices
contained
therein.
Systematic
retrieval of
data or
other
content from
COMPANY's
Web site to
create or
compile,
directly or
indirectly,
a
collection,
database or
directory
without
written
permission
from COMPANY
is
prohibited.
Any third
party that
contacts our
users for
commercial
reasons,
including to
sell them
products or
services, is
in violation
of these
terms and
each
individual
violation is
subject to
$3,000 in
penalties
per
instance.
Reproducing,
copying or
distributing
any content,
materials or
design
elements on
the
COMPANY's
Web site for
any other
purpose is
strictly
prohibited
without the
express
prior
written
permission
of COMPANY.
Use of the
content or
materials
for any
purpose not
expressly
permitted in
these Terms
is
prohibited.
Any rights
not
expressly
granted
herein are
reserved.
You
acknowledge
and agree
that the
SERVICES and
any
necessary
software
used in
connection
with the
SERVICES
("Software")
contain
proprietary
and
confidential
information
that is
protected by
applicable
intellectual
property and
other laws.
COMPANY
grants you a
personal,
non-transferable
and
non-exclusive
right and
license to
use the
object code
of its
Software on
a single
computer;
provided
that you do
not (and do
not allow
any third
party to)
copy,
modify,
create a
derivative
work of,
reverse
engineer,
reverse
assemble or
otherwise
attempt to
discover any
source code,
sell,
assign,
sublicense,
grant a
security
interest in
or otherwise
transfer any
right in the
Software.
You agree
not to
modify the
Software in
any manner
or form, or
to use
modified
versions of
the
Software,
including
(without
limitation)
for the
purpose of
obtaining
unauthorized
access to
the
SERVICES.
You agree
not to
access the
SERVICES by
any means
other than
through the
interface
that is
provided by
COMPANY for
use in
accessing
the
SERVICES.
20.
DISCLAIMER
OF
WARRANTIES
YOU
EXPRESSLY
UNDERSTAND
AND AGREE
THAT:
1. YOUR USE
OF THE
SERVICES IS
AT YOUR SOLE
RISK. THE
SERVICES ARE
PROVIDED ON
AN "AS IS"
AND "AS
AVAILABLE"
BASIS.
COMPANY
EXPRESSLY
DISCLAIMS
ALL
WARRANTIES
OF ANY KIND,
WHETHER
EXPRESS OR
IMPLIED,
INCLUDING,
BUT NOT
LIMITED TO
THE IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
FITNESS FOR
A PARTICULAR
PURPOSE AND
NON-INFRINGEMENT.
2. COMPANY
MAKES NO
WARRANTY
THAT (i) THE
SERVICE WILL
MEET YOUR
REQUIREMENTS,
(ii) THE
SERVICES
WILL BE
UNINTERRUPTED,
TIMELY,
SECURE, OR
ERROR-FREE,
(iii) THE
RESULTS THAT
MAY BE
OBTAINED
FROM THE USE
OF THE
SERVICES
WILL BE
ACCURATE OR
RELIABLE,
(iv) THE
QUALITY OF
ANY
PRODUCTS,
SERVICES,
INFORMATION,
OR OTHER
MATERIAL
PURCHASED OR
OBTAINED BY
YOU THROUGH
THE SERVICE
WILL MEET
YOUR
EXPECTATIONS,
AND (V) ANY
ERRORS IN
THE SOFTWARE
OR SERVICES
WILL BE
CORRECTED.
3. ANY
MATERIAL
DOWNLOADED
OR OTHERWISE
OBTAINED
THROUGH THE
USE OF THE
SERVICES IS
DONE AT YOUR
OWN
DISCRETION
AND RISK AND
THAT YOU
WILL BE
SOLELY
RESPONSIBLE
FOR ANY
DAMAGE TO
YOUR
COMPUTER
SYSTEM OR
LOSS OF DATA
THAT RESULTS
FROM THE
DOWNLOAD OF
ANY SUCH
MATERIAL.
4. NO ADVICE
OR
INFORMATION,
WHETHER ORAL
OR WRITTEN,
OBTAINED BY
YOU FROM
COMPANY OR
THROUGH OR
FROM THE
SERVICES
SHALL CREATE
ANY WARRANTY
NOT
EXPRESSLY
STATED IN
THE TERMS.
21.
LIMITATION
OF LIABILITY
IN NO EVENT
SHALL
COMPANY (OR
ITS
AFFILIATES,
LICENSORS OR
SUPPLIERS)
BE LIABLE
CONCERNING
THE SUBJECT
MATTER OF
THIS
AGREEMENT,
REGARDLESS
OF THE FORM
OF ANY CLAIM
OR ACTION
(WHETHER IN
CONTRACT,
NEGLIGENCE,
STRICT
LIABILITY OR
OTHERWISE),
FOR ANY (A)
MATTER
BEYOND ITS
REASONABLE
CONTROL, (B)
LOSS OR
INACCURACY
OF DATA,
LOSS OR
INTERRUPTION
OF USE, OR
COST OF
PROCURING
SUBSTITUTE
TECHNOLOGY,
GOODS OR
SERVICES,
(C) DIRECT
OR INDIRECT,
PUNITIVE,
INCIDENTAL,
RELIANCE,
SPECIAL,
EXEMPLARY OR
CONSEQUENTIAL
DAMAGES
INCLUDING,
BUT NOT
LIMITED TO,
LOSS OF
BUSINESS,
REVENUES,
PROFITS OR
GOODWILL, OR
(D) AMOUNTS
IN THE
AGGREGATE
GREATER THAN
TEN DOLLARS
($10), EVEN
IF COMPANY
HAS BEEN
ADVISED OF
THE
POSSIBILITY
OF SUCH
DAMAGES.
THESE
LIMITATIONS
ARE
INDEPENDENT
FROM ALL
OTHER
PROVISIONS
OF THIS
AGREEMENT
AND SHALL
APPLY
NOTWITHSTANDING
THE FAILURE
OF ANY
REMEDY
PROVIDED
HEREIN.
22.
EXCLUSIONS
AND
LIMITATIONS
SOME
JURISDICTIONS
DO NOT ALLOW
THE
EXCLUSION OF
CERTAIN
WARRANTIES
OR THE
LIMITATION
OR EXCLUSION
OF LIABILITY
FOR
INCIDENTAL
OR
CONSEQUENTIAL
DAMAGES.
ACCORDINGLY,
SOME OF THE
ABOVE
LIMITATIONS
OF CERTAIN
SECTIONS MAY
NOT APPLY TO
YOU.
23. NOTICE
Notices to
you may be
made via
either email
or regular
mail. The
SERVICES may
also provide
notices of
changes to
the Terms or
other
matters by
displaying
notices or
links to
notices to
you
generally on
the
SERVICES.
24.
COPYRIGHTS
COMPANY
respects the
intellectual
property
rights of
others and
we ask our
users to do
the same.
25. GENERAL
INFORMATION
The Terms
constitute
the entire
agreement
between you
and COMPANY
and govern
your use of
the
SERVICES,
superseding
any prior
agreements
between you
and COMPANY
(including,
but not
limited to,
any prior
versions of
the Terms).
These Terms
and the
SERVICES
contemplated
hereunder
are personal
to you, and
are not
assignable,
transferable
or
sublicensable
by you
except with
COMPANY's
prior
written
consent.
COMPANY may
assign,
transfer or
delegate any
of its
rights and
obligations
hereunder
without
consent. You
also may be
subject to
additional
terms and
conditions
that may
apply when
you use
affiliate or
other
COMPANY
SERVICES,
third-party
content or
third-party
software.
The Terms
and the
relationship
between you
and COMPANY
shall be
governed by
the laws of
the State of
Illinois
without
regard to
its conflict
of law
provisions.
You and
COMPANY
agree to
submit to
the personal
and
exclusive
jurisdiction
of the
courts
located
within Du
Page County,
Illinois.
The failure
of COMPANY
to exercise
or enforce
any right or
provision of
the Terms
shall not
constitute a
waiver of
such right
or
provision.
If any
provision of
the Terms is
found by a
court of
competent
jurisdiction
to be
invalid, the
parties
nevertheless
agree that
the court
should
endeavor to
give effect
to the
parties'
intentions
as reflected
in the
provision,
and the
other
provisions
of the Terms
remain in
full force
and effect.
You agree
that
regardless
of any
statute or
law to the
contrary,
any claim or
cause of
action
arising out
of or
related to
use of the
Service or
the Terms
must be
filed within
one (1) year
after such
claim or
cause of
action arose
or be
forever
barred. The
section
titles in
the Terms
are for
convenience
only and
have no
legal or
contractual
effect.
26.
VIOLATIONS
Please
report any
violations
of the Terms
to us at the
email listed
at the top
of the
document.
Privacy
Policy
NuSport
International,
Inc.
General
Email:
info@NuSportWorld.com
Effective:
8/20/2010
Privacy
Policy for
NuSport
International,
Inc.
("COMPANY",
"We", "Us",
"Our")
We reserve
the right to
change this
Statement
and may
provide
notification
of any
material
change via
our Web site
as is
reasonable.
Use of
information
we collect
now is
subject to
the Privacy
Policy in
effect at
the time
such
information
is used. You
may contact
us with any
questions
pertaining
to this
policy at
the general
email listed
above.
Collected
Information
In the
registration
process, we
may collect
registration
information
from our
users,
including
name, user
name, and
password,
contact
information
such as
email,
address and
telephone
number, and
billing
information
such as
credit card
number. Each
of these
different
types of
information
is used to
provide the
COMPANY
SERVICES.
Registration
information
is used to
authenticate
users and
recall their
content,
contact
information
is used to
provide
information
on service
updates, and
billing
information
is used to
charge for
our
services.
In the
operation of
the
COMPANY's
SERVICES, we
may collect
and store
merchant and
consumer
information
in order to
provide
couponing
and other
connection
services.
This data is
gathered
from a
variety of
sources and
enables us
to prepare
SERVICES,
provide
SERVICES to
consumers
with minimal
data entry,
and verify
that sites
are validly
controlled
by those who
claim to
represent
businesses.
COMPANY will
continue to
make your
data
available to
you on the
COMPANY's
platform as
long as you
are a user
according to
the terms
and
conditions
of the
COMPANY's
Terms of
Service.
Please
consult that
agreement as
well as this
policy to
understand
your rights
and
responsibilities
as a user of
the
COMPANY's
platform and
SERVICES.
COMPANY may
also collect
and analyze
from
visitors and
users
certain
information
regarding
the use of
COMPANY's
services and
COMPANY's
site
activity.
Information
collected
may include
but is not
limited to
web site
traffic
volume,
frequency of
visits, type
and time of
transactions,
type of
browser and
operating
system, etc.
This
information
is logged to
help
diagnose
technical
problems,
administer
the site,
and improve
the quality
and types of
service
delivered.
We may
provide
non-identifying
and
aggregate
usage and
volume
statistical
information
derived from
the actions
of our
visitors and
customers to
third
parties in
order to
demonstrate
the value we
deliver to
users.
Shared
Information
We may share
your
personal or
business
information
as described
below:
Affiliated
Businesses
We Do Not
Control: We
may become
affiliated
with a
variety of
businesses
and
therefore
work closely
with them.
In certain
situations,
these
businesses
may operate
stores at
our Web
site, sell
items to you
through the
Web site or
offer you
products or
services
that may be
of interest
to you. In
other
situations,
COMPANY may
provide
services, or
sell
products
jointly with
affiliated
businesses.
We may share
user
information
that is
related to
such
opportunity
or
transaction
with that
affiliated
business.
Agents: We
may employ
other
companies
and people
to perform
tasks on our
behalf and
need to
share your
information
with them to
provide
products or
services to
you.
Examples
include
sending
email,
analyzing
data, and
providing
user
services.
Unless
otherwise
communicated,COMPANY's
agents do
not have any
right to use
personal
information
we share
with them
beyond what
is necessary
to assist
us.
You may,
from
time-to-time,
receive
promotional
emails from
COMPANY's
partners.
Please see
the
“Communication
Preferences”
section
below for
details.
Business
Transfers:
In some
cases, we
may choose
to buy or
sell assets.
In these
types of
transactions,
user
information
is typically
one of the
business
assets that
is
transferred.
Moreover, if
COMPANY, or
substantially
all of its
assets were
acquired, or
in the
unlikely
event that
COMPANY goes
out of
business or
enters
bankruptcy,
user
information
would be one
of the
assets that
is
transferred
or acquired
by a third
party. You
acknowledge
that such
transfers
may occur,
and that any
acquirer of
COMPANY may
continue to
use your
information
as set forth
in this
policy.
Protection
of COMPANY
and Others:
We may
release
personal and
business
information
when we
believe in
good faith
that release
is necessary
to comply
with law;
enforce or
apply our
Terms of Use
and other
agreements;
or protect
the rights,
property, or
safety of
COMPANY, our
employees,
our users,
or others.
This
includes,
without
limitation,
exchanging
information
with other
companies
and
organizations
for fraud
protection.
With Your
Consent:
Except as
set forth
above, you
will be
notified
when your
personally
identifiable
individual
information
may be
shared with
third
parties, and
will be
given the
option to
prevent the
sharing of
this
information.
Cookies
COMPANY may
use cookies
to assist in
delivering
the SERVICES
and to
provide a
positive and
personalized
user
experience.
Cookies are
files sent
to your
browser from
a Web server
and stored
on your
computer's
hard drive.
Persistent
and session
ID cookies
may be used
to identify
unique
visitors to
our sites
and to
provide you
with easy
access to
your files.
In addition,
COMPANY may
uses
third-party
advertising
companies to
serve ads
and send
cookies to
your
computer.
Such cookies
may be used
to tailor
content,
goods and
services
that may be
of interest
to you.
Third Party
Sites
COMPANY
sites are
collaborative,
and may
contain
links to
multiple
third party
sites on the
Internet,
including
many that
have
different
privacy and
security
policies and
practices
than
COMPANY.
COMPANY
makes no
representations
or
warranties
about and is
not
responsible
for the
policies and
practices of
sites that
are linked
to by
COMPANY or
its users.
We urge you
to consult
the policies
available on
those sites
to further
understand
their
practices.
Security
COMPANY has
implemented
processes
designed to
protect user
information
and maintain
security.
Each
registered
user is
assigned a
unique user
name and
password
which is
required to
access their
user
information.
It is the
user's
responsibility
to protect
the security
of their
login
information.
COMPANY's
servers are
located in
secure
server
environments.
Firewalls
and other
security
technologies
are employed
to prevent
interference
or access
from outside
intruders,
however,
COMPANY
cannot
guarantee
the security
of user
account
information.
Unauthorized
entry or
use,
hardware or
software
failure, and
other
factors may
compromise
the security
of user
information
at any time.
Accessing,
Correcting
and Revising
Registration
and Contact
Information
If you need
to update or
change your
registration
information,
you may so
by
contacting
COMPANY at
the email
listed at
the top of
this
document.
If you
choose to
cancel your
account and
leave the
COMPANY
SERVICES,
please be
aware that
COMPANY may,
for a time,
retain
residual
information
in our
backup
and/or
archival
copies of
our
database.
Information
Regarding
Children
COMPANY does
not target
its
offerings
toward, and
does not
knowingly
collect any
personal
information
from users
under 13
years of
age.
Communication
Preferences
You may
receive
email and/or
telephone
communications
from
time-to-time
when
necessary.
These
communications
may include,
but are not
limited to,
system
generated
emails about
your
account,
third party
offers and
marketing
messages. To
stop
receiving
marketing
emails from
COMPANY,
email
COMPANY at
the general
email listed
at the top
of this
document and
include the
words "opt
out" in the
subject. To
stop
receiving
phone
message from
COMPANY,
email
COMPANY at
the general
email listed
at the top
of this
document and
include the
words "no
phone" in
the
subject.
Some
service-related
communications
are not
subject to
opt-out.
Review our
Terms of
Service for
more
information.
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