Terms & Conditions
Restrictions on Use of Materials: All information, content and materials on XSYTE.com are our copyrighted property. All trademarks, service marks, trade names, and trade dress are proprietary to us. No information, content or material from any XSYTE.com site operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home, team or league use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to cause future downloads from the XSYTE.com site. The use of any information, content or materials on a XYTE.com site on any other Web site or computer environment is prohibited. The XSYTE.com site is only for your use as a personal use. You may not use the XSYTE.com site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. It is prohibited to download software from the XSYTE.com site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from XSYTE.com site is further subject to United States export controls. Without limiting the generality of the foregoing, no software from the XSYTE.com site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Copyright: Ownership. All content included on the XSYTE.com site, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of Manager or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the XSYTE.com site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Manager or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the XSYTE.com site, services, products or software, in whole or in part.
Copyright Complaint. Manager respects the intellectual property of others, and we ask our content partners and XSYTE members and users to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the XSYTE.com site in a way that constitutes copyright infringement, you may notify Manager by providing Manager's copyright agent the following information: a. An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf. b. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity. c. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published. d. Identification of the URL or other specific location where the material that you claim is infringing is located, including enough information to allow us to locate the material. e. Your name, address, telephone number and e-mail address. f. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. g. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf. Manager's agent for notice of claims of copyright infringement on the XSYTE.com site can be reached as follows: Donald V. Jernberg Jernberg Law Group, LLC 905 N. Carlyle Lane Arlington Heights, Illinois, 60004 847-259-0953 firstname.lastname@example.org.
Submissions and Content: Manager may provide interactive areas on theXSYTE.com site, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Manager, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the XSYTE.com site. Manager does not control the Content posted via the XSYTE.com sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the XSYTE.com site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Manager be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the XSYTE.com site. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia, the United States or the country in which you reside. Manager does not claim ownership of any Content submitted and/or posted by you on any XSYTE.com site. However, by submitting and/or posting any Content to the XSYTE.com site, you grant Manager a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store or reproduce such content for personal use.
Public Forums and Communication: Public Forum" means an area, site or feature offered as part of any XSYTE.com site that enables users or visitors of the site (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function (including, but not limited to, electronic greeting cards and send-a-friend e-mails). You acknowledge that anything you submit to a XSYTE.com site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media. You make such disclosures at your own risk. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We reserve the right in our absolute discretion, but do not undertake an obligation, to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content. Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
Links, Advertisements and Third party Services: As a convenience to our members and users, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Manager with respect to such sites. In addition, you may order services or merchandise through the XSYTE.com site from other persons ("Sellers") not affiliated with Manager. For example, you may choose to purchase sports related merchandise on the XSYTE.com site. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Manager makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Manager, nor will Manager be construed as, a party to such transactions, whether or not Manager may have received some form of revenue or other remuneration in connection with the transaction. You agree that Manager will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. Manager and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Manager makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Manager nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Manager such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the XSYTE.com site and services and that you may not be able to opt out of receiving such communications in every instance.
Pricing Information Disclosure For California Residents. Under California Civil Code Section 1789.3, California residents that access the XSYTE.com site and services are entitled to the following specific consumer rights information: (i) Pricing Information - Current rates for using the service may be obtained by going to the pricing schedule on the XSYTE.com site located here. Manager reserves the right to change any fees, pricing or charges or to institute new fees at any time; (ii) Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254
Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF XSYTE.COM IS AT YOUR SOLE RISK. XSYTE.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XSYTE.COM AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE XSYTE.COM SITE OR OTHERWISE BY MANAGER IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MANAGER NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE XSYTE.COM SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MANAGER ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE XSYTE.COM SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE. MANAGER MAKES NO WARRANTY THAT THE XSYTE.COM SITE'S SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. XSYTE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE XSYTE.COM SITE. MANAGER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitation of Liability: MANAGER, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE XSYTE.COM SITE, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE XSYTE.COM SITE; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH MANAGER OR THE SITE; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY MANAGER; (E) PERSONAL INJURY NOT CAUSED BY MANAGER'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE XSYTE.COM SITE; OR (H) ANY OTHER MATTER RELATING TO THE XSYTE.COM SITE OR MANAGER PRODUCTS OR SERVICES. YOU AGREE THAT MANAGER'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY MANAGER FROM YOU.