These Terms of Use constitute a contract and govern your use and viewing of the content on this website. Please read this document carefully. By clicking “I agree” to initiate membership, browsing, use, uploading, data entry and submission (herein referred to as “Use”) upon and within the MXSponsor.com website (herein referred to as the “Site”), you a knowledge that you have read, understood and agree to comply and be bound by the terms and conditions of this document. If you do NOT agree with any part of this agreement, terms and conditions, you must not enter nor Use the MXSponsor.com Site.
MXSponsor.com reserves the right to modify, amend, or change these Terms and Conditions and your continued use of this Website will be conditioned to your acceptance and understanding of these Terms and Conditions. The following Terms and Conditions apply to all the Use of MXSponsor.com its affiliates, partners and all services, products, features, communication within the Site.
Where used in these Terms of Use the word “website” means the collection of webpages published by us under the domain names www.MXSponsor.com and MXSponsors.com at any point in time including but not limited to those webpages containing a prefix before the aforementioned domain names in place of, or before, the traditional “www” or those websites without the “www.” prefix, the words “Company”, “us”, “we”, and “our” mean MXSponsor.com, an online service (“Service”) that matches motocross racing user profiles (“Members”) with sponsorship programs (“Sponsorships”) and requirements provided by various companies (“Companies”) whom have sponsorship profiles (“Sponsorship Profiles”), “you”, “your” and “yours” mean you and anyone who has access to use your account for the Website, regardless of whether such individual is authorized by you to do so, the phrase “website content” means all products, services, software, browser plug-ins, webpages, documents, and other things offered, provided by, or published on the website, the phrase “nonwebsite content” means anything that is not website content, and the words “use” or “using” includes any online conduct including but not limited to viewing, copying, subscribing, purchasing, publishing, and clicking on hyperlinks.
Membership to MXSponsor.com and the Service are void where prohibited. By Using the Site and the Service, you, the Member represent and warrant that all information including personal information, race results, background history, and images are truthful and accurate. Inaccurate or fraudulent information registered or submitted through the Service is a material breach of this Agreement. If such a breach of this agreement occurs, your Membership will terminated immediately and you will be notified via email of the termination of your Membership. You additionally represent and warrant that you are 13 years of age or older of have consent of an adult 18 years of age or older whom is either a parent or legal guardian. Members who are under 18 years of age may be required to obtain legal signatures from a parent or guardian who is 18 years of age or older to agree to certain Company conditions and terms set forth in requirements for Sponsorships. You also agree that you solely responsible for all Content published, displayed, entered, uploaded, or amended including but not limited to resumes, requests sent, emails, or internal messages with Companies or other Members. MXSponsor.com’s Service is not guaranteed and there is no warranty of any Sponsorships or agreements reached between Companies and Members. Sponsorships may be acquired through use of the MXSponsor.com Service, however, all negotiations, obligations, contracts, rules and regulations pertaining to the Sponsorship are the solely and complete responsibility of the Member and its sponsoring Company. You further agree not to disclose information acquired through the MXSponsor.com service including but not limited to contact information, terms and disclosure of such Sponsorships, contracts, pricing, trade secrets, or other information that is deemed confidential by MXSponsor.com, its affiliates and or Companies. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONSYOU USE THIS WEBSITE AT YOUR OWN RISK. ALL WEBSITE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, WARRANTIES OF WORKMANLIKE EFFORT, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE, OUR AFFILIATES, OR OUR SPONSORS WILL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES, OR OUR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR SUBMISSIONS, ALTERATION OF YOUR SUBMISSIONS, ANY SUBMISSIONS SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOU FURTHER AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONDUCT OF ANY OTHER PARTY, SUCH AS THE POSTING OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, THE INFRINGEMENT OF THE RIGHTS OF ANOTHER PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS. OUR LIABILITY TO YOU FOR BREACH OF THESE TERMS OF USE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US FOR ACCESS TO AND USE OF THE WEBSITE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.SPONSORSHIP AND MEMBER DISPUTESIt is the sole responsibility of Members and Companies to resolve any sponsorship disputes and or disputes between Companies and or disputes between Members. MXSponsor.com reserves the right to participate in the resolving of such disputes but also has no obligation to monitor or resolve any disputes or complaints. You agree that MXSponsor.com, its affiliates, sponsors, employees, agents, partners, members, and non-disputed companies are held harmless and are without liability to such disputes.
In certain instances, your use of website content may be subject to additional terms (the "Additional Terms"). The Additional Terms will be available for review on that portion of the website to which the Additional Terms relate. Your acceptance of these Terms of Use constitutes your acceptance of any Additional Terms applicable to any website content. In the event that anything in these Terms of Use conflicts with the Additional Terms then these Terms of Use supercede such Additional Terms.
In operating the website, we adhere to the Website Privacy Statement for the collection and use of your personal information. You can review the Website Privacy Statement at www.MXSponsor.com/privacy. You should periodically review the statement, as it may be updated on a frequent and regular basis.
You are solely and entirely responsible for all activities that occur in relation to your account, including but not limited to use of the website. It is your responsibility to open an account, provide us with accurate, current, and complete information, and choose a password and username. You are solely and entirely responsible for keeping all your information up to date and secure. We are not responsible for any loss that you may incur in your use of the website caused by negligent conduct. In no event, are we liable for any incidental or consequential damages you may incur. By agreeing to these Terms of Use, you acknowledge and agree that the amount of damages you may incur for any reason arising out of or otherwise related to the website, your use of website content, or your use of nonwebsite content for which we may be held responsible, are not readily ascertainable. Therefore, you agree that the appropriate measure of damages in such instances will be limited to a refund of any of your dues paid for the website or the sum of fifty dollars, whichever is higher. You agree to indemnify, hold harmless, and defend, us, including payment of our reasonable attorneys’ fees, for any action arising out of or otherwise related to the website, your use of the website content, or your use of the nonwebsite content.
You agree that we may, in our sole and absolute discretion and without notice, make discontinuation of services, changes or additions to these Terms of Use, the website, or the website content, including but not limited to any Additional Terms or other terms.
We are providing the website for your personal, noncommercial use. Your unauthorized use, solicitation, or attempt to use the website content, including but not limited to copying, reposting, or actually reselling any website content, is expressly prohibited. For instance, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or transfer website content without our advance express written permission.
The links included within the website may direct you to third-party websites. We do not control such linked websites, therefore, we cannot be held responsible for the contents of them. We are providing these links as a convenience to you, not as an endorsement. Any agreements or obligations between you and the parties associated with a linked website are solely between you and that party, not us. We will not be responsible for them in any way.
You may not, through any means, attempt to gain unauthorized access to the website, other user accounts on the website, website content or website content computer systems or networks. You may not obtain or attempt to obtain any materials or information through any means not specifically made available for public or subscriber/member consumption through the Website. You agree to abide by all applicable local, state, national and international laws and regulations governing your use of the website and the website contents. The laws of the state of California will govern your use of the website and apply to these Terms of Use and the Additional Terms. You agree not to use the website or the website content in any manner that could damage you, us, the website, other users of the website, or in a manner that could overload, impair, or cause a system failure on equipment used to publish the website or containing the website content. You agree not to interfere with the use and enjoyment of the website by another. If a representative from another website reports that you have violated their rules, terms of use, or other agreement, you agree that we may take appropriate action just as if you had violated these Terms of Use. Your violation of that website agreement will be a violation of this agreement.
The website may contain message posting services, bulletin board services, message delivery and retrieval services, email services, chat rooms, newsgroups, personal web pages, calendars, photographs, document storage areas and other mechanisms enabling you to communicate with other Members and Companies. You may only use the website to post, send, and receive messages and material that are proper and, where applicable, related to the particular website content. We will have no obligation to monitor the website or the website content, but we reserve the right to review materials posted to website service and to remove any materials in our sole discretion for any reason, or for no reason. We further reserve the right to terminate your access to the website or any website content at any time, without notice, for any reason whatsoever or for no reason whatsoever. We specifically disclaim any liability with regard to any website content, messages, or information and with regard to any actions resulting from your use of the website.
We respect your rights to your profile information and submitted data and will not claim ownership of the materials you provide to us. However, by submitting materials you will grant us, our affiliates, and all necessary sublicensees, permission full and complete rights to use such material, including but not limited to license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat your submission; to publish your name in connection with your submission; and the right to sublicense such rights to any party. No compensation or royalties will be paid with respect to the use of your submission. We are under no obligation to post or use any submission you may provide. And, we may remove any submission at any time in our sole discretion. In making a submission you warrant and represent that you own or otherwise control all of the rights to your submission, textual, graphical, or otherwise.
Claims for enforcement, breach or violation of duties or rights under these Terms of Use, violation of consumer protection laws, unfair competition laws, or tort actions shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue in Sacramento County, California in all disputes arising out of or otherwise relating to the use of the Website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. You agree not to represent yourself to be a representative, agent, or employee of us and that we will not be liable by reason of any representation, act or omission to act by you. You consent to, and we reserve the right to, disclose any personal information about you or your use of the Website, including its contents, without your prior permission. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. We may assign these Terms of Use, in whole or in part, at any time with or without notice to you, but you may not assign these Terms of Use, or assign, transfer or sublicense any rights to your account. Except as otherwise stated in the Terms of Use, they constitute the entire agreement between you and us with respect to the Website and related matters. The Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and we agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
You agree to indemnify and hold us, our companies, sponsors, parents, subsidiaries, members, affiliates, officers, managers, and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by you or any third party due to or arising out of your and the third party’s use of or conduct on the Website. We will notify you of any claim for which we seek indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to our interests, as reasonably determined by us in our sole and absolute discretion.
All website content is Copyright (c) 2005 MXSponsor.com. All rights reserved. MXSponsor.com may also be either trademarked or registered trademarks of the Company in the United States, in other countries, in some or all jurisdictions. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. We hereby reserve any rights not expressly reserved or granted herein.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to us at MXSponsor.com, 455 Capitol Mall Suite 325, Sacramento, CA 95814. © 2005 MXSponsor.com. All rights reserved. To obtain a copy of this agreement, please contact [email protected].
