Dear potential customer of iSportz and its subsidiaries or affiliates (collectively “iSportz”)! Welcome! Yes, we have to get to the legalese of our pending relationship. But we know you want the expert solutions that iSportz can provide. Before doing so, we ask that you please review the following Terms of Usage (“TOU Acknowledgment”), which control and apply to your review, access and use of websites (the “Websites”), mobile apps or other virtual platforms (the “Platforms”) utilized by iSportz and the purchasing of products (the “Products”) or services and any other services offered on the Websites and Platforms (collectively, the “Services”). Your use of the Websites, Platforms and any procurement of iSportz’ Products or Services will constitute your full, knowing and voluntary understanding/agreement that you will comply with the terms and conditions of this TOU Acknowledgment.
iSportz Policy on Privacy
Consent to Electronic Communications
The great part of the iSportz customer-service model is the efficiency it creates to help bring products and services to you, our customer. That being said, whenever you are on our Websites, use the Platforms, or send e-mails or other data to iSportz, please understand that you will be communicating with us through electronic means for the most part. In doing so, you understand and agree that you are consenting to obtaining communications from us likewise, through electronic means. Thus, in most cases, we will communicate with you by email. We may also communicate with our customers by posting notices on the Websites and/or Platforms. At all times, you hereby understand and agree that all TOU Acknowledgments, any other disclosures and all other communications that iSportz provides to you electronically satisfy any legal requirement that such communications be in writing.
Websites and Platforms – Ownership
Yes, the legalese gets even more boring. But bear with us. The Websites and Platforms are expressly owned, managed and/or operated in whole or in part by iSportz. Unless otherwise noted, the design and content features on the Websites and Platforms, including information and other materials, video presentations, audio presentations, drawings, photographs, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, all forms of text, data, audio sound, hardware, software, any and all other information or data used for purposes of the Websites and Platforms, as well as the choice and presentation style and the format thereof (the “Website and Platforms”), are owned by iSportz or are licensed from third-party service providers by iSportz. The Websites and Platforms, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Websites and Platforms – Assumption of Risk
Our Websites and Platforms are presented to the public on an “as is” basis, with all of the benefits and potential downsides, risks or faults. By continuing to access the Websites and Platforms, you agree that your use is at your own risk. Websites and Platforms may contain errors, omissions, or typographical errors or maybe out of date. The Websites and Platforms maybe changed, deleted or updated at any time and without prior notice.
Websites and Platforms – Authorized Use Only
Our Websites and Platforms are for personal use and authorized business use only. Our Websites and Platforms are not to be used for non-personal, or anti-competitive commercial purposes unless expressly authorized by iSportz. Generally speaking, without prior express authorization from iSportz, non-authorized individuals/entities may not use our Websites and Platforms. Unauthorized and/or unlawful uses of the Websites and Platforms, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized connecting to our Websites and Platforms, will be subject to any and all appropriate civil and/or criminal actions, seeking damages and reasonable attorney’s fees and costs, as authorized pursuant to applicable law.
Websites and Platforms – Access and Use
The Websites, Platforms, Products and Services are not intended for users under the age of 18, however, users under the age of 18 may access the Websites, Platforms, Products and the Services as detailed below. To register for any Products and Services offered on the Websites or Platforms, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Websites and/or Platforms in conjunction with your parents or guardians. iSportz does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not use the Websites and Platforms. If a child under 18 submits information through any part of the Websites or Platforms, and iSportz becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Websites and Platforms – Ending Your Ability to Use
Your failure to follow the requirements of this TOU Acknowledgment may result in suspension or termination of your access to the Websites, Platforms, Products or Services, without notice, in addition to any and all other relief and remedies available under the law. iSportz further reserves the right to terminate, without notice, any user’s access to or use of the Websites, Platforms, Products or Services for any reason.
Disclaimer of Warranty; Limitation of Liability
Ok, this is really important, and we respectfully request you read the following. You acknowledge that you are accessing, reading or using the Websites, the Platforms, and the Products or Services at your own risk. The Websites, Platforms and the Products or Services are provided “as is,” and to the full extent permitted by applicable law, iSportz, its affiliates and its third-party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. iSportz, its affiliates, and its third-party service providers do not represent or warrant that access to the Websites and Platforms and their Products or Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of iSportz.co. iSportz, its subsidiaries and affiliates, and its third-party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this TOU Acknowledgment, the provision of Services hereunder, the sale or purchase of any products or merchandise ordered through the Websites, your access to or inability to access the Websites and Platforms or Products or Services, including for viruses alleged to have been obtained from the Products or Services, your use of or reliance on the Products or Services, the Websites and Platforms or materials available through third-party Websites linked to the Websites, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
Further, by continuing to access, review and use our Websites and Platforms, you hereby agree to release iSportz, its subsidiaries, affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of the Websites and Platforms and their Services. Further, by continuing to access, review and use our Websites and Platforms, you hereby agree to release iSportz, its subsidiaries, affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of the Websites and Platforms and their Services.
If you are a California resident, you waive California Civil Code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
For Use Only in the United States of America
The Websites and Platforms are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user of the Websites and Platforms, by visiting the Websites, using the Platforms, and using their Products or Services and/or providing us with any communications or information, you thereby agree to comply with all applicable laws governing the Websites and Platforms, their Products or Services, online conduct and acceptable communications. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
iSportz, and the Websites, Platforms, Products and Services names, logos, and other identifying marks are the property of iSportz. Other featured words or symbols, used to identify the source of merchandise or services, maybe the trademarks of their respective owners.
Notice of Opt-In/Opt-Out – Text Messaging and SMS Communications
Please note that we welcome communications that make your life and ours much easier and more enjoyable! That said, please know that if you provide a cell phone number, we may use this information to send SMS updates about your requests, orders and other feedback, including any promotional or marketing information. We may also share this information with a third-party to aid in sending text messages via SMS or SMS short codes to you. You will always have the right to reply ‘STOP’ to any SMS message in order to Op-Out from SMS updates. You may also be able to reply ‘HELP’ to get help. As a courtesy to our customers, iSportz does not charge any users fees to send or receive text messages. However, iSportz is not responsible in the event message and data rates are applied by your cellular service carrier. Any and all cellular carriers utilized and/or accepted by iSportz are generally not liable for delayed or undelivered messages. iSportz will not be liable for any delays in the receipt of any SMS messages connected with our SMS infrastructure.
Lastly, iSportz respects your privacy. See this link to iSportz’s Policy on Privacy. To comply with applicable governmental regulations or laws, we do reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. You also understand that forms of communications made through digital or cellular means such as text messages are generally not encrypted or secure. Thus, we encourage you to take precautions in your communications with us.
Modifications to TOU Acknowledgment and Other Rights
Because things may change in the industry or with respect to legal compliance issues, iSportz reserves the right, at any time, with or without prior notice, to modify, alter or update this TOU Acknowledgment. Please know that the most recent version of the TOU Acknowledgment will be what is viewable on this webpage. Your ongoing and/or continued viewing or access to the Websites and Platforms, and use of the Products or Services by you, will constitute your acceptance of any changes or revisions to the TOU Acknowledgment. iSportz also reserves the right to add or post, from time to time, additional Terms of Usage that apply to particular sections or areas of the Websites and/or Platforms. Again, your ongoing and/or continued use of the Websites and Platforms shall connote your TOU Acknowledgment to comply with any and all language adjustments.
Florida is Governing Law; Venue and Jurisdiction
iSportz makes no representation that the Websites and Platforms, the Products or Services offered through the Websites and Platforms are appropriate, available or legal in any particular location. Those who choose to use, review or access the Websites and Platforms and the Services and Products offered through the Websites and Platforms do so at your own voluntarily choosing and are responsible for compliance with state or local laws, if and to the extent state or local laws are applicable.
Acknowledgment, for all purposes, shall be governed and interpreted in full, in accordance with the laws of the State of Florida. Any action based on or alleging a breach of this TOU Acknowledgment must be brought in a state or federal court located in the United States District Court, Middle District of Florida, Orlando Division. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts, and expressly waive venue and jurisdiction elsewhere. You also agree to waive any right to a jury trial, and any and all actions will be conducted by a bench trial only.