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By subscribing to the services provided in this website, you are purchasing a subscription to the monthly newsletter and/or the idea sharing network and/or the script-writing services and/or related software provided herein by Total Sports Entertainment ("TSE"). By using this site, you are agreeing to the following Terms and Conditions: CONTENT PROTECTED BY COPYRIGHT; RESTRICTIONS ON USE The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including text, graphics, code and software. SUBSCRIPTION AND BILLING, REFUNDS By subscribing to the services offered in this website, you acknowledge that TSE shall bill monthly charges to your credit card. You agree to provide to TSE valid credit card information, and to update or change credit card information as necessary to ensure that TSE can continue to charge your subscription. In the event that you cancel your subscription under these Terms and Conditions, TSE will refund to the same credit card account to which such charges were made all amounts collected for subscription services from the date of cancellation forward. LIMITATIONS ON LIABILITY Under no circumstances, including, but not limited to, negligence, shall TSE, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any materials contained in or related to this website. You specifically acknowledge and agree that if you are dissatisfied with any TSE material or service, or with any of TSE's terms and conditions, your sole and exclusive remedy is to discontinue using TSE's services. DISCLAIMER TSE may have provided links and pointers to Internet sites maintained by third parties. Neither TSE, its parent or subsidiary companies, nor its affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TSE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TSE does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including any bulletin boards, or the server that makes it available, are free of viruses or other harmful components. TSE does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not TSE) assume the entire cost of all necessary maintenance, repair, or correction. PRIVACY POLICY, SECURITY TSE takes the privacy of all its users and customers very seriously, and takes great care with user and customer information. This Privacy Statement outlines how your personal information is treated and forms part of the Terms and Conditions of this site. We may occasionally modify our Privacy Statement, and when this happens, we will notify you via our homepage. In order to provide our users and customers with an individually-tailored range of services, we may collect specific personal information from our websites, from telephone responses, or from written information sent to us. We may, for example, keep a record of your name, mailing address, email address, telephone number, job title, and preferences. We may also use such data to communicate with you, for record keeping purposes, and in aggregate (and therefore anonymously) for market research purposes, to track activity on our web sites, to publish trends or to improve usefulness and content. Any personal data relating to you will only be used and recorded by us in accordance with current data protection legislation and this Privacy Statement. Unless you have voluntarily given us the information, or we have legally permitted reasons for processing it without your consent, we will always ask for your explicit consent if we need to process any data categorized as "sensitive" by the Data Protection Act, 1998. Any secure transactions required on this site are done through a third party and are securely transmitted using authenticated secure certificates. You are however, advised that there can be risks with transmitting information across the Internet. We take every precaution to protect your personal information. When we ask you to submit sensitive personal financial information, such as your credit card number, we use industry-standard encryption technology. Occasions will arise when your personal information is passed outside our offices to other data processors e.g. subscription fulfillment bureaus. They will only use your data upon the instructions of our Publisher in order to perform the necessary services required e.g. to send your subscription, and we will maintain appropriate measures to ensure that your personal details are not misused, destroyed or altered. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES TSE reserves the right to modify this website and its related Terms and Conditions from time to time, for any reason, and without notice, including the right to terminate this website and related links. TSE reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. TERMINATION This agreement is effective until terminated by TSE, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. In addition, in the event of termination, you are no longer authorized to access the materials contained in this website and related links, and the restrictions imposed on you with respect to material downloaded from the this website and related links, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. MERGER These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between TSE's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual TSE web site or in connection with this website and its related links are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site. NON-WAIVER AND SEPARABILITY TSE's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES Unless expressly stated to the contrary elsewhere in these Terms and Conditions, all legal issues arising from or related to the use of the materials contained in the website and related links shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Alaska applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of this website and related links shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Anchorage, Alaska, and judgment on the arbitration award may be entered into in any state or federal court in Alaska having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Alaska having jurisdiction thereof. Except as set forth above, the state and federal courts of Alaska shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of this website and related links. By using this website and related links, and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Alaska with respect to all such disputes. |
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