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The 5x5: Sports Loud and Clear.. Read It Now!
 

Gear Up For Sports: Terms of Use

Thank you for your interest in using the online services (the "Service") operated by Gear Up For Sports Inc. ("GUFS") and offered through the GUFS network of websites (the "Sites"). These Terms of Service ("Terms") govern your use of the Service and the Sites (collectively, the "GUFS Network"). Please read these Terms carefully. By using the GUFS Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the GUFS Network.

1. Your Responsibilities

You are responsible for having all necessary equipment to use GUFS and costs associated thereto. GUFS and third parties may collect and use certain information about you while on the site, please review our Privacy Policy for more information. You agree to: (a) provide true, accurate, current, and complete information when prompted by shopping cart or any other forms on the site; and (b) maintain information to keep it true and current. You agree not to use the Service to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another.s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the GUFS Network; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

2. User Submissions

GUFS does not claim ownership of any information e.g. data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the GUFS Network. You own all rights to your submissions. However, you grant to GUFS and its affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that the exercise by GUFS of its rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your submissions imposed upon GUFS under its Privacy Policy. GUFS reserves the right to display advertisements in connection with User Submissions and to use submissions for advertising and promotional purposes. GUFS does not pre-screen submissions and you agree that you are solely responsible for all of your submissions. GUFS is not required to host, display, or distribute any submissions, and may remove at any time or refuse any submissions. GUFS is not responsible for any loss, theft or damage of any kind to any submissions. You represent and warrant that your submissions and GearUpForSports, Inc. authorized use thereof do not and will not infringe the rights of any third party.

3. Copyright Infringement

GUFS adheres to Pursuant to Title 17 of the United States Code, Section 512 with regards to anyone infringing on intellectual property of others and violating copyright law. If you believe something is in violation, please email GUFS at brad@gearupforsports.com or contact us at

Gear Up For Sports, Inc.
27758 Santa Margarita Pkwy #319
Mission Viejo, CA 92626

Your written notice must state the alleged infringement and location of original property. You must provide contact information, so GUFS may contact you. You must also contain a statement that you are authorized to act on behalf of the copyright owner.

4. Termination

GUFS may terminate or suspend any of your accounts, if you violate any terms of this policy. GUFS at its discretion, believes you are in violation of any applicable law or regulation or is otherwise harmful to the interests of GUFS or any third party. You agree that GUFS is not liable to you or any third party for suspending or terminating your access.

5. Modifications To Terms

GUFS may change our terms from time to time. GUFS will notify of changes through posts on the site. By continuing to use the Service you agree to and all changes made to such terms.

6. Password and Security

You are responsible for maintaining the secrecy of your any passwords you set on the GUFS Network By using the site you agree that GUFS is not liable for losses or damages due to you not maintaining confidentiality of your password.

7. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF GUFS IS AT YOUR SOLE RISK. THE GUFS NETWORK IS PROVIDED ON AN .AS IS. AND .AS AVAILABLE. BASIS. GUFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO GUFS (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). GUFS MAKES NO WARRANTY THAT GUFS WILL MEET YOUR REQUIREMENTS, OR THAT GUFS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON GUFS IS NOT GUARANTEED AND THAT GUFS SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY GUFS NETWORK OR ITS UNAVAILABILITY. GUFS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GUFS NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GUFS NETWORK, OR THAT DEFECTS IN THE GUFS NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GUFS NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GUFS OR THROUGH GUFS NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GUFS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT.S) USE OF GUFS NETWORK.

9. Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that GUFS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GUFS liability shall be the minimum permitted under such applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless GUFS, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from your (or anyone using your account.s) violation of these Terms. GUFS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GUFS defense of such claim.

11. Trademarks

.Gear Up For Sports. and the Gear Up For Sports design, as well as certain other of the names, logos, and materials displayed on GUFS Network constitute trademarks, trade names, service marks or logos (.Marks.) of GUFS or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with GUFS or those other entities.

12. Copyrights; Restrictions on Use

The content on the Site (the .Content.), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by GUFS or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of GUFS and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

13. Miscellaneous

These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that GUFS makes available through the GUFS Network and any additional terms to which you agree when using particular elements of GUFS Network, constitute the entire and exclusive and final statement of the agreement between you and GUFS. with respect to the subject matter hereof, and govern your use of GUFS Network, superseding any prior agreements or negotiations between you and GUFS with respect to the subject matter hereof. These Terms and the relationship between you and GUFS shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of GUFS Network shall be brought in the Federal or State courts located in Orange County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of GUFS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of GearUpForSports, Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GUFS Network or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of GUFS Network.