MITSports Terms of Use Agreement
Last Updated: July 2, 2024
Last Updated: July 2, 2024
Thank you for using the MITSports website and associated content (“Website”). The Website is owned and operated by MITSports, SP (“MITSports”). MITSports provides you with a limited license to use the Website subject to the terms contained within this Terms of Use Agreement (“Agreement”).
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT.
By using the Website or clicking the “I agree” button associated with this Agreement, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. MITSports reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event MITSports replaces, modifies, or amends this Agreement, the Last Updated date, located above, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment contained within this Agreement.- User Warranties
By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement. - Limited License to Use Website
You acknowledge and agree that the Website is the property of MITSports and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You agree that your use of the website is limited by the license granted under the terms of this Agreement. You expressly agree that you will not use the Website in any manner not expressly granted through this Agreement.
MITSports provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. - Acceptable Uses of the Website
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. - Trademarks
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by MITSports, including, but not limited to, MITSports, are common law or registered trademarks owned or licensed to MITSports. You are expressly prohibited from using the trademarks of MITSports to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of MITSports in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are property of their respective owners. - Links to Third Party Content
You acknowledge and agree that the Website may contain links to third party websites or content that MITSports does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that MITSports will not be responsible for websites not under the ownership or control of MITSports. MITSports specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk. - Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) MITSports terminates your access to the Website; or (ii) you cease using the Website. MITSports reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice. - Payment
All payments for services offered through the Website are earned upon receipt and, except were expressly provided for under the terms of this Agreement, non-refundable. You represent and warrant that you will timely pay all fees and charges and that MITSports reserves the right to terminate services for your failure to timely pay. All fees and charges will be quoted and payable in United States Dollars.
You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website, including, but not limited to, sales tax, use tax, value added tax, and income tax. You agree that you will not initiate any chargebacks against MITSports unless approved in writing. You understand and agree that you will be responsible for any costs or fees associated with any unauthorized chargebacks. Any disputes as to payment must be brought to MITSports’s attention in writing within thirty (30) days or will otherwise be barred. - Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREEVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT MITSports WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT MITSports’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS. - Indemnification
You agree to indemnify, defend, and hold harmless MITSports, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend MITSports will not provide you with the ability to control MITSports’s defense, and MITSports reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification. - Arbitration
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN BARTLESVILLE, OKLAHOMA AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN BARTLESVILLE, OKLAHOMA FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN BARTLESVILLE, OKLAHOMA. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF OKLAHOMA AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE. - Force Majeure
MITSports will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond MITSports’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents. - Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend MITSports. - Severability
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect. - Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter. - Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. MITSports reserves the right to assign its rights and duties under this Agreement, including in a sale of MITSports or its Website. - Waiver, Privacy Policy, and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. MITSports incorporates by reference its Privacy Policy as if fully stated herein.