PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. YOUR USE OF THIS SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING AGREEMENT AND ANY OTHER ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES.

Agreement

Your access to or use of all products, Content, features, specifications, software, services, communications, and Public Areas which you may have access to as part of, or through your use of, the SportsMD’s web site(s) (including our online store) (referred to individually and collectively starting with the word “products” as the “Service(s)”) is subject to the terms of this agreement, a legal agreement between you (‘you”, “your”, “visitor” or “user”) and SportsMD (“Agreement”). “SportsMD” “we”, “our” or “us” means SportsMD, LLC, whose principal place of business is at 74 Freeborn Road, Easton, CT 06612, United States.  Your agreement with SportsMD will always include, at a minimum, the terms and conditions, restrictions and disclaimers set out in this Agreement.

Medical Disclaimer

The Contents of this Service are designed to provide users with information to enhance their golfing abilities. All works of authorship, which shall include, but not be limited to, all information, data, text, product information (including pricing), designs, software, music, audio files or other sounds, photographs, videos, film, information and materials provided by Experts, advertisements, sponsorships, user Submissions, images and any other content or material(s) now known or hereinafter developed (individually and collectively, starting with the phrase “All works of authorship” "Content") which you may have access to as part of, or through your use of, the Services should not be a substitute or a replacement for professional medical advice, diagnosis or treatment.  

All visitors and users who access or use the Services should consult a physician for any medical condition. Do not disregard or delay seeking professional medical advice because of some of the Services offered by SportsMD. SportsMD is not practicing medical care and use of the Services do not form any confidential, privileged or doctor-patient relationship. The SportsMD Parties (as such term is defined below) do not assume any duties as a result of providing these Services. SportsMD does not guarantee that all Content posted on or through its Services is accurate or the most current Content on the subject matter; nor do they endorse or specifically recommend any of the Content. Reliance on any Content and your use of the Services is solely at your own risk. The SportsMD Parties are not responsible for any product or service sold on or through the Services or any claims of quality or performance made on or through the Services.


You should always speak with your physician or healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

If you think you may have a medical emergency, call your doctor or 911 immediately.

Acceptance:

In order to use the Services, you must first agree to the terms of this Agreement. You may not use the Services if you do not accept the terms therein.  You understand and agree that by actually using or accessing the Services, you accept the terms of this Agreement (including the referenced Privacy Policy which is incorporated herein and made a part of this Agreement by this reference) and are bound thereby and that SportsMD will treat your use of the Services as acceptance of the terms of this Agreement from that time forward.  You may not use the Services and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract with SportsMD, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Privacy

You acknowledge that you; (i) have read SportsMD’s privacy policy here; and (ii) agree to the use of your information in accordance with SportsMD’s then current privacy policy (“Privacy Policy”).  Except as otherwise provided in this Agreement, all capitalized terms defined in the Privacy Policy shall have the meanings ascribed to such terms therein. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

License from SportsMD

The design of these Services and all Content displayed on or that can be downloaded from these Services are protected by copyright, trademark and other laws and may not be used except in accordance with this Agreement or with prior written permission of the owner of such material. You may access and use the Services only for personal, non-commercial purposes. This includes printing, downloading or storing the Content for personal non-commercial use only. You may not modify the Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any Services for any public or commercial purpose. Any unauthorized use of any such Content or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.  All rights and licenses not explicitly set forth herein are reserved.

If you wish to reproduce any of the Content, you must obtain our express consent. Please see our Copyright Permission page for information on how you can request limited permission to reproduce certain Content. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No Services may be downloaded in violation of United States law.

User Submissions/License

While we welcome you to share your thoughts and experiences, we do require you to refrain from engaging in behavior that is illegal, harassing, inappropriate, or infringes on the rights of others.  Users may create, transmit, submit, post or display (collectively “Submit”) Content to the “Public Areas” (including blogs, message boards, ask our expert postings, chat rooms and other public forums where people with similar interests can share information or where users can post questions for experts to answer, which includes, online discussions moderated by medical, healthcare and sport experts, etc.) or communications to us.   By Submitting communications to us or Content to the Public Areas, you also agree that such Submission(s) is/are non-confidential for all purposes. We will have no obligation to use, return, review, or respond to any Submitted Content. Please see our User Submissions Guidelines for more information.

You retain copyright and any other rights you already hold in Content which you Submit on or through, the Services or to SportsMD. By Submitting communications or Content (which may include any business information, idea, concept or invention you Submit to SportsMD) you automatically grant or warrant that the owner of such Content or intellectual property has expressly granted SportsMD an unlimited, royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the intellectual property or Content for any purpose and in any media or medium, or any form, format, or forum now known or hereafter developed and that SportsMD may sublicense its rights through multiple tiers of sublicenses. You also confirm and warrant to SportsMD that you have all the rights, power and authority necessary to grant the above license.

Content

You understand, acknowledge and agree that: (i) all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or company from which such Content originated; (ii) all Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the sponsors, authors or advertisers who provide that Content to SportsMD (or by other persons or companies on their behalf); (iii) you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) except as specifically stated herein; (iv) SportsMD reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service at any time and for any reason; (v) by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable; (vi) your use of the Services is at your own risk; (vii) by Submitting communications and/or Content, you represent and warrant that you have ownership rights to the communication or Content Submitted and that it does not violate the terms of this Agreement, SportsMD’s Submission Policy or the rights of any person or entity, including another party’s proprietary, privacy, intellectual property or any other rights; (viii) you shall refrain from Submitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (ix) you are solely responsible for (and that SportsMD has no responsibility to you or to any third party for) any communication or Content that you Submit while using the Services and for the consequences of your actions (including any loss or damage which SportsMD may suffer) by doing so; and (x) we will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone Submitting communications or Content.

Proprietary rights

You understand, acknowledge and agree that: (i) SportsMD (or SportsMD’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist); (ii) the Services may contain information which is designated confidential by SportsMD and that you shall not disclose such information without SportsMD’s prior written consent; (iii) all trademarks, domain names, and other distinctive brand features appearing on the Services are the property of their respective owners and this Agreement does not grant the user any rights or interest therein; and (iv) you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Provision of the Services

SportsMD has relationships with third parties (“Third Party Providers”). Occasionally, these third parties may provide the Services to you on behalf of SportsMD.  You understand, acknowledge and agree that: (i) Third Party Providers shall be entitled to provide the Services to you; (ii)  SportsMD may change the form and nature of the Services from time to time without prior notice to you; or stop (permanently or temporarily) providing the Services (or any Content, features or products within the Services) to you or to users generally at SportsMD’s sole discretion, without prior notice to you at any time without any liability whatsoever; (iii) you may stop using the Services at any time; (iv) you do not need to specifically inform SportsMD when you stop using the Services; (v) SportsMD may disable or terminate your account or access to your account or the Services without notice and for any reason without liability to you; and (vi) if SportsMD disables access to your account, you may be prevented from accessing the Services, your account details or any data, files or other Content which is contained in your account.

The inclusion of any products or services on or through the Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping Limitations/Accuracy/Confirmation/Quantity

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Services. All purchases from the Services are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Services to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Products included on the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Services. In addition, we may make changes in information about price and availability without notice.  While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.  We will contact you if all or any portion of your order is canceled.   If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge, less any costs incurred, if any.


Order Returns

Please see our Returns Policy Page here.

Prices & Currency

The prices displayed on the Services are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.

Services/Responsibility

In order to access or use certain Services, you may be required to provide information about yourself (such as identification, contact details or transactional information) as part of the registration process for the Service, purchasing products or as part of your continued use of the Services. You agree that any information you give to SportsMD will always be accurate, correct, lawful and up to date.  You may terminate your membership upon written notification to SportsMD.  You shall not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You understand, acknowledge and agree that you are solely responsible for (and that the SportsMD Parties (defined below) have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which SportsMD may suffer) of any such breach.

Passwords

You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and are fully responsible for all activities that occur under your password or account. You agree not to use the account, username, or password of another user or person at any time or to disclose your password to any third party. You further agree to (i) immediately notify SportsMD of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. You acknowledge and agree that SportsMD shall not be liable for any loss or damage arising from your failure to comply with this Section.

Modification or Termination of Agreement

SportsMD reserves the right to modify and/or terminate this Agreement with or without notice, at any time and for any reason with no liability whatsoever. You understand, acknowledge and agree that you are personally liable for any orders placed or charges incurred through your account prior to termination.  When modifications are made, SportsMD may make a new copy of the Agreement available at: ___________________.  You understand and agree that if you use the Services after the date on which the Agreement has been modified, SportsMD will treat your use as acceptance of the updated Agreement.

Advertisements

We accept advertising on the Services, but try to be responsible in what we will and will not accept. We use commercially reasonable efforts to label all advertisements, some of which may be targeted. Please see our Advertising Policy for more information.

The manner, mode and extent of advertising by SportsMD on the Services are subject to change without specific notice to you. In consideration for SportsMD granting you access to and use of the Services, you agree that SportsMD may place such advertising on the Services.

All advertisers are responsible for their content posted and SportsMD does not assume any responsibility for any claims made by the individual advertisers.  SportsMD’s allowance of a third party advertisement is not an endorsement of the content or the advertiser’s product or service. Any dealings with advertisers, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the advertiser. SportsMD is also not responsible for any claims users may have against individual advertisers.

Without limiting any of the foregoing, some Content that appear on the Services are provided by individuals or  companies, promoting a particular service or product. At our Discretion, we shall label sponsored Content with the following label: "Advertisement". SportsMD does not review sponsored Content for relevancy and accuracy and it does not support, endorse, promote or guarantee the goods and services or Content discussed therein. Any dealings with sponsors, including payment and delivery of goods and services or reliance upon any Content discussed therein, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the sponsor. SportsMD is also not responsible for any claims users may have against individual sponsors.

Third Party Links

The Services may provide hyperlinks to other Web sites,, advertisements, content or resources. By using the Services, you acknowledge and agree that SportsMD is not responsible for the availability or content of these sources. SportsMD does not endorse these sources and will not be liable for the content, advertising, products or materials on or available from these other sources. You are expected to comply with any terms of use, policies or guidelines depicted on these Web sites or destination pages. You hereby acknowledge and agree that SportsMD will not be responsible or liable, directly or indirectly for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Linking to this Service

Creating or maintaining any link from another Web site to any page on this Service without our prior written permission is prohibited. Running or displaying this Service or any Content displayed on this Service in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Service must comply will all applicable laws, rule and regulations.

Sweepstakes and Contests

SportsMD will periodically offer or co-sponsor various sweepstakes and contests through SportsMD.com.  For each contest, SportsMD will provide a list of the official rules at the time of participation.

EXCLUSION OF WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. WHEN ACCESSING OR USING THE SERVICES, CONTENT WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE SportsMD PARTIES (DEFINED BELOW). ACCORDINGLY, THE SportsMD PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY CONTENT TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.  THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SportsMD PARTIES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SportsMD, ITS LICENSORS, THIRD PARTY SERVICE PROVIDERS, EXPERTS, MANUFACTURERS, VENDORS, SUPPLIERS AND EACH OF ITS/THEIR RESPECTIVE AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OR ANY THIRD PARTIES MENTIONED ON THE SERVICES (INDIVIDUALLY AND COLLECTIVELY “SportsMD PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE SportsMD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: (I) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SERVICES, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICES (AND THE SportsMD PARTIES MAKE NO COMMITMENT NOR ASSUME ANY DUTY TO UPDATE SUCH SERVICES, LINKS, OR COMMUNICATIONS); (II) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG OR NUTRITIONAL PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SERVICES; (III) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; AND (IV) ANY CONTENT OBTAINED BY YOU AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

WITHOUT LIMITING ANYTHING ELSE, ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SportsMD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SportsMD PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SportsMD PARTIES BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR PUNATIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) THE USE OF OR INABILITY TO USE THE SERVICES; (II) PERSONAL INJURY, INCLUDING DEATH OR SICKNESS CAUSED BY YOUR ACCESS TO, USE OR MISUSE OF THE SERVICES; (III) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, SPONSORSHIP OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, MANUFACTURER, DISTRIBUTOR, SUPPLIER OR SPONSOR WHOSE SERVICE, PRODUCT, ADVERTISING OR SPONSORSHIP APPEARS ON OR THROUGH THE SERVICES; (IV) ANY CHANGES WHICH SportsMD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (V) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (VI) YOUR FAILURE TO PROVIDE SportsMD WITH ACCURATE INFORMATION, INCLUDING BUT NOT LIMITED TO ACCOUNT, TRANASACTIONAL AND SHIPPING INFORMATION; (VII) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.  
THE LIMITATIONS ON THE SportsMD PARTIES’ LIABILITY TO YOU SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SportsMD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ANY CLAIMS ARISING IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOUR REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

WITHOUT LIMITING ANYTHING ELSE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SERVICE.

NOTHING IN THIS AGREEMENT, SHALL EXCLUDE OR LIMIT THE SportsMD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Indemnity

By using this Service, you agree to promptly indemnify and hold the SportsMD Parties harmless from any claim or demand, including litigation costs and attorneys’ fees, of every kind and nature as incurred, made by any third party due to or arising out of your access to or use of our Services, your connection to our Services, communications or Content you Submit, your violation of this Agreement, or your violation of any rights of another.  This indemnity survives termination of this Agreement.

Assignment

SportsMD reserves the right to transfer, assign, sublicense or pledge this or any part of this Agreement, the Services or its rights and associated goodwill attached thereto and obligations under this Agreement, as necessary, without notice and without your consent.  This Agreement, the Services and any remaining portions, shall inure to the benefit of SportsMD and its successors and assigns. You may not assign any portion of this Agreement.

Notice

SportsMD may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services.

Waiver

If SportsMD does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SportsMD has the benefit of under any applicable law), this will not be taken to be a formal waiver of SportsMD’s rights and that those rights or remedies will still be available to SportsMD.

Severable

If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force.

Third Party Beneficiary

In addition to SportsMD, each of the other SportsMD Parties shall be third party beneficiaries to this Agreement and that such other companies or persons shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.

Remedies

All remedies set forth in this Agreement are cumulative and in addition to and not in lieu of any other remedy of the SportsMD Parties at law or in equity.

Choice of Law and Location for Resolving Disputes

This Agreement, and your relationship with SportsMD hereunder, shall be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. You and SportsMD agree to submit to the exclusive jurisdiction of the courts located within the State of Connecticut to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that the SportsMD Parties shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.  You understand, acknowledge and agree that a printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Survival  

The terms and conditions providing for any activity following the termination or expiration of this Agreement, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of this Agreement, shall survive the termination or expiration of this Agreement.

Entire Agreement

This Agreement contains, and is intended as, a complete statement of the arrangements between you and SportsMD with respect to its subject matter and supersedes all prior agreements, whether written or oral, between the you and SportsMD, with respect to those matters.  Any user of Services may be subject to additional terms and services that may apply through the use of affiliate services or third-party sites.

Additional Assistance

If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at 74 Freeborn Road, Easton, CT 06612, United States Attn: Privacy Manager or e-mail us at tom.carter@SportsMD.com.

Last Modified: June 22, 2007