Last Modified: January 12, 2022
These Terms may apply to you individually and/or a company or other legal entity. If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By accessing, registering for, or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, (3) represent and warrant that you are of legal age to form a binding contract with TTC, (4) are entering into a legally binding agreement with us, and (5) meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or the Services. As used in these Terms and unless separately identified as applicable to either an individual or entity, "you" and "your" refer to both you individually and the entity or individual on behalf of which you are entering into these Terms.
1. OVERVIEW OF SERVICES
TTC provides a digital marketplace for an athlete and his or her authorized agent (collectively, the "Athlete") looking for sponsorship opportunities to connect with companies that desire to utilize athletes for sponsorship or promotional purposes in relation to their brand for a fee (“Sponsors”). The fee is payable by the Sponsor to TTC and a portion of the fee is distributed to the Athlete in accordance with the terms and conditions of a Marketplace Participation and NIL Agreement between the Athlete and TTC (“NIL Agreement”). In the event of any express conflict or inconsistency between these Terms and the terms and conditions of an NIL Agreement, the terms and conditions of the NIL Agreement shall control.
2. YOUR ELIGIBILITY; YOUR RESPONSIBILITY
To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to TTC; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of TTC or a third party.
You assume all responsibility for your use of, and access to, the Services, including but not limited to making all arrangements necessary for you to have access to the Site; and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
3. PERSONAL INFORMATION; YOUR CONTENT; YOUR ACCOUNT
To use the Services, including to access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information.
3.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
3.3. Your Content. As between you and TTC, TTC owns the information, materials, photos, or other content (the "Content'') you provide TTC under this Agreement. Any Content that you upload or otherwise provide to TTC in connection with the Services may be used in order to provide or promote the Services or TTC's business, and such Content must comply with the Content Standards (as defined below) set forth in these Terms.
The right to use the Content shall survive the termination of these Terms and termination of the Services. You authorize us to use, forward, or post your profile or related information on other sites and services in connection with providing the Services. Additionally, unless otherwise prohibited by the NIL Agreement, you hereby authorize us to use your name, appearance, voice, likeness, image, professional and personal biographical information, corporate logo, corporate trademarks, and corporate name, if applicable, on any platform and for any promotional purposes, without further consent from or royalty, payment, or other compensation to us. Any Content you submit to us is provided at your own risk of loss. You are solely responsible for all Content you share, provide, display, publish, or disseminate to others, whether such action was taken by us or you, and you understand and acknowledge responsibility for the Content’s legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Content you provide to us. By providing Content to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
TTC has the right to:
Refuse to use any Content for any or no reason in its sole discretion.
Remove or delete your Content from the Services at any time in its sole discretion.
Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms or Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for TTC.
Disclose your identity or other information about you to any third party who claims that material provided by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TTC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge and agree that we do not have an obligation to verify any Content or other information provided by users on the Services. TTC may also enable sharing of information by allowing users to post content and information, including links and other information. Pursuant to the license granted by you above, TTC may grant other users of the Service access and share rights to your Content in accordance with these Terms, your settings and the nature of your connection with such other users. Information you share may be seen and used by other users of the Services. TTC cannot guarantee that users of the Services will not use the information that you share on TTC, nor the manner of not responsible for another user's or other third party's misappropriation or misuse of your Content or other information. You are solely responsible for your interactions with other users. Additionally, TTC is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the Content or any other information provided by other users or any other third party. You hereby release from all claims, demands, or damages of every kind, known or unknown, in any way connected with (i) any relationship arising between users of the Services, (ii) any dispute between you and another user, or (iii) arising out of any services which originated through the Services or were otherwise provided by a user. Additionally, you agree to immediately report to us any false information provided or misconduct by any user of the Services.
However, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
3.4. Your Account. Except for your Content licensed to us as set forth above, the account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your user name, password, and any other information part of our security procedures secure and confidential and not disclose it to any other person or entity; (ii) not permit others to use your account or access the Site using your user name, password, or other security information; (iii) not use the accounts of others; (iv) not transfer your account to another party; (v) notify us of any actual or suspected unauthorized use of your account or any other breach of security; and (vi) ensure that you exit from your account at the end of each session. You are responsible for any activity occurring under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.6. Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to TTC ("Feedback") to TTC. You acknowledge and agree that all Feedback is given entirely voluntarily and TTC shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from TTC under any circumstances relating to such Feedback.
4. PERSONAL USE
Subject to the terms and conditions herein, TTC grants you the right to access the Services through a generally available mobile device, web browser or TTC-authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This right is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of TTC. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and TTC.
TTC is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold TTC harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5. PAYMENT OF FEES: PAYMENT TERMS
All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in U.S. dollars. You agree that TTC and its third-party service providing payment processing services may store and use your payment information and method provided, if any. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. You agree to reimburse us for all collection costs and interest for any overdue amounts.
6. THIRD-PARTY CONTENT & WEBSITES
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
7. ACCEPTABLE USE POLICY
You agree to comply with all applicable laws and regulations in connection with your use of the Services and only use the Services for lawful purposes in accordance with these Terms. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
The transmission, procuring the sending of, or posting of chain letters, junk mail, spam, or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
Acts that may materially and adversely affect the quality of other users' experience or otherwise attempt to interfere with the proper working of the Site;
Any commercial use not expressly authorized;
Impersonating or attempting to impersonate TTC, an TTC employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing);
Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
Introducing malicious programs into TTC's Services, network or servers (e.g. viruses, worms, Trojan horses, logic bombs, or other material that is malicious or technologically harmful);
Engaging in any monitoring or copying of any material on the Site or interception of data not intended for you without authorization, including but not limited to using any robot, spider, or other automatic device, process, or means to access the Site for any purpose;
Attempting to circumvent authentication or security of any host, network, or account without authorization;
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users' content, in whole or part;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by TTC in writing;
Using any method, software or program designed to collect identity information, authentication credentials, or other information;
Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
Using any device, software, or routine that interferes with the proper working of the Site;
Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
Transmitting, receiving, uploading, using or reusing material 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);
Transmitting, sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not comply with the Content Standards set out in these Terms;
Falsifying user identification information;
Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); or impersonating any person or entity, including, but not limited to, an TTC representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the TTC or users of the Services, or expose them to liability.
TTC enforces a zero-tolerance SPAM policy regarding information transmitted through our network. TTC may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to TTC or any URL (domain) that is hosted by TTC;
- The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by TTC; and
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If TTC determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.
8. INTELLECTUAL PROPERTY
8.1. Intellectual Property Generally. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using, including but limited to the NIL Agreement. The Services, and all copies of the Services, are owned by TTC or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. TTC reserves all rights not expressly granted to you herein. You agree that you have no right to any TTC trademark or service mark and may not use any such mark in any way unless expressly authorized by TTC.
8.2. TTC’s Trademarks. The Tuscaloosa Connection, Inc., the term The Tuscaloosa Connection, the TTC logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TTC or its affiliates or licensors. You must not use such marks without the prior written permission of TTC. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
8.3. Intellectual Property Rights of Others. TTC respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of users who infringe the copyrights of others. These Terms permit you to use the Services for your personal, non-commercial use only. You may not upload, download, store, post, publish, re-publish, transmit, reproduce, modify, create derivative works of, publicly display, publicly perform, or distribute in any way, files, material, information, software or other material obtained through the Services that are protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Notwithstanding the foregoing, TTC acknowledges that:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Site; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by TTC. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
TTC has the right, but not the obligation, to remove from the Services any files, material, information, software or other material TTC believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your intellectual property has been infringed, please provide a written communication regarding such belief to: firstname.lastname@example.org. It is TTC’s policy to terminate the user accounts of repeat infringers.
9. RIGHT TO RESTRICT OR TERMINATE ACCESS
TTC reserves the right to limit your use or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms. TTC may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that TTC in its reasonable discretion believes violates the letter or spirit of any of the Terms, including disabling any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. If TTC denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any compensation as a result. Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your TTC account, prohibition on use of the Services, and further legal action.
TTC also reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, TTC reserves the right to delete all of your Content, data, and other information stored on TTC's servers. TTC will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by TTC pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, TTC will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.
10.1. Linking to the Site and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
10.2. Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You acknowledge and agree that you are solely responsible for protecting your password if applicable and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to TTC any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. TTC shall not be liable for any unauthorized use of payment accounts.
12. GEOGRAPHIC RESTRICTIONS
The owner of the Site is based in the State of Alabama in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
Actual service coverage, speeds, locations and quality may vary. TTC will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Further, we may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TTC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TTC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
YOUR USE OF THE SERVICES, INCLUDING THE SITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET, ENJOYMENT, OR NONINFRINGEMENT. NEITHER TTC NOR ANY PERSON ASSOCIATED WITH TTC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TTC NOR ANYONE ASSOCIATED WITH TTC REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, TTC'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL TTC, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("TTC PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, LOSS OF GOODWILL, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
AN TTC PARTY'S AMOUNT OF TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TTC FOR YOUR USE SHALL OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE TTC PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY TTC TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 18 AND 19 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You agree to defend, indemnify and hold the TTC Parties harmless from any claim, liability, damages, judgment, award, loss, cost, expense, fee, or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to (i) any violation of these Terms by you or your use of the Site, including but not limited to your Content, use of the Site’s content, Services, and products, or use of information obtained from the Site; (ii) your Content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; (iv) your use of the Services; or (v) any disputes arising between an Athlete and Sponsor. TTC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
16. DISPUTE RESOLUTION
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, the party shall initiate such arbitration through an established alternative dispute resolution mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitration shall be conducted under the Rules of Arbitration of the American Arbitration Association applying the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether the State of Alabama or any other jurisdiction). Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
You hereby expressly consent to, and waive any objections to, the personal jurisdiction of the federal and state courts located in the State of Alabama. You further irrevocably and unconditionally agree that you will not commence any action, litigation, or proceeding of any kind whatsoever against TTC and/or the TTC Parties (or any officer, director, manager, employee, or other agent of TTC or the TTC Parties) that in any way arises from or relates to this agreement in any forum other than the United States District Court for the Northern District of Alabama, or, if such court does not have subject matter jurisdiction, the courts of the State of Alabama sitting in the County of Jefferson, and any appellate court from any thereof.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY TERM OR PROVISION OF THIS AGREEMENT, ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
17. ELECTRONIC NOTICES AND DISCLOSURES
You acknowledge and agree that TTC may provide notices and other disclosures to you electronically by posting such notices or other disclosures on the Site or by emailing it to you at any email provided to TTC by you. Such notices or other disclosures shall be considered received by you following electronic posting the Site or notice twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
18. CHANGES TO THE TERMS
We reserve the right to change, revise, update, or remove any part of these Terms, at any time in our sole discretion. Such modification shall be effective immediately upon posting at the Site and apply to all access to and use of the Site thereafter. As your next visit to the site or use the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes, and you are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You may not assign your rights or obligations under these Terms without the prior written consent of TTC.
No waiver by TTC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TTC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any sections or terms which by their nature should survive or otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.
All headings included in these Terms are included for convenience only, and shall not be considered when construing or interpreting these Terms.
These Terms do not limit any rights that TTC may have pursuant to any intellectual property laws or any other laws.
All rights and remedies available to TTC, pursuant to this agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to TTC.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and TTC, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this agreement.
20. YOUR COMMENTS AND CONCERNS
This Site is operated by The Tuscaloosa Connection, Inc., 3308 Country Club Road, Birmingham, AL 35213. If you have any questions, feedback, comments, requests for technical support, complaints, or claims, you may contact email@example.com. All notices of intellectual property infringement claims, including copyright infringement claims, should be sent to the agent designated in Section 8.2 of these Terms in the manner and by the means set out therein.
Any notice required or permitted to be given under these Terms shall be in writing and shall either be delivered by hand or overnight courier, receipt requested, or sent by U.S. certified mail, postage prepaid and return receipt requested. Notice shall be deemed to have been duly given upon receipt or refusal.