Terms of Use

Work In Sports, LLC
Last Updated: 12/10/2011

WORK IN SPORTS LLC
The following page states the "Terms of Use" under which Work In Sports LLC, ( "Work In Sports") operates the web site WorkInSports.com (the “Web Site”), and the terms which each person accessing the Web Site (“you”) agrees to be bound by. If you do not accept these Terms of Use do not use the services or the Web Site. Your use of the Web Site indicates your acceptance to be bound to the Terms of Use as stated. Work In Sports has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at the Web Site. Users are responsible for check these Terms of Use frequently for updates. Your continued use of the Web Site or downloading or use of Content constitutes an acceptance of such amendments.


ACCESS
In connection with accessing the Web Site you have been assigned a password. You agree to take reasonable precautions in guarding the secrecy of your password and that all information and instructions received from a user presenting your password are deemed to have been made by you and shall are binding upon you. You will promptly notify Work In Sports if you discover that your password has been disclosed.

USE OF CONTENT
All Web Site content including but not limited to web pages, illustrations, graphics, images, text, and HTML code (collectively, “Content”) are owned by or licensed to Work In Sports and are subject to United States and international copyright law. Content may NOT be copied or reproduced, except as provided herein without the express written consent of Work In Sports which may be arbitrarily withheld. Up-loading, transmitting, or posting of Content in any format for any purpose, except as otherwise provided herein is strictly prohibited. Users may not copy or adapt the HTML code that was created by Work In Sports in order to generate the Web Site or Content. Work In Sports permits the printing of pages from the Web Site for personal and non-commercial use by authorized users only, provided that all copyright and other notices on any printed copies are accurately reproduced, and any printed Web Site Content is not subsequently copied or distributed in any manner to any other parties.


SUBMISSIONS
If, at Work In Sports’ request or on your own, you send, email, post or otherwise transmit to Work In Sports or the Web Site employment opportunities, job positions, resumes, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, Work In Sports property. Except as provided in Work In Sports Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on Work In Sports part, and Work In Sports shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant Work In Sports and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You further waiver all of your moral rights in favour of Work In Sports with respect to any Submission. You also warrant that any third party holder of any Rights in such Submissions, has validly and irrevocably granted to you the right to grant the licence stated above and has waived such third party's moral rights in such Submissions. You acknowledge that Work In Sports and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any third party holder of any rights. You represent and warrant that any Submissions to the Web Site are, to the best of your knowledge, accurate and not misleading, nor are such Submissions posted for any improper purpose.


PRIVACY POLICY
We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Service Privacy Policy, a copy of which you should review by clicking here. You, in turn, agree and consent to the terms of the Service Privacy Policy by your use of the Service.


WORK IN SPORTS TRADEMARKS
Among the trademarks and service marks owned by Work In Sports are: Work In Sports, WorkInSports.com, Key Sports Contacts, and various Work In Sports design marks (the “Marks”) These Marks may not be used without the prior written consent of Work In Sports. The "look" and "feel" of the Web Site is also subject to trademark and other applicable restrictions. This includes Web Site color combinations, navigation tools, graphics, layout and other design elements.

DISCLAIMER
The Web Site acts as a portal for employers to post job opportunities and job seekers to post resumes. Work In Sports is not involved in the actual physical transaction between job seekers and employers. Work In Sports operates in good faith to protect all authorized users of the Web Site. Work In Sports makes no independent investigation into the quality or nature of job opportunities or resumes available, the accuracy of such information, the ability of employers to offer specified opportunities or the ability of job seekers to fill positions. In addition, you agree to assume all risks associated with dealing with other users with whom you come in contact with through the Web Site. You expressly release Work In Sports from any and all claims, demands and damages of every kind and nature, arising out of or in any way connected with your use of the Web Site. Work In Sports is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the Web Site. Work In Sports makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or Content. Use of the Web Site and Content is at your own risk. You agree and acknowledge that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. WORK IN SPORTS DOES NOT GAURANTEE THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, CONTENT AND WORK IN SPORTS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL DEVICES OR CODE. IF YOUR USE OF THE WEB SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING REPAIR OF ANY SORT WORK IN SPORTS IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. WORK IN SPORTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WORK IN SPORTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENT.

LIMITATION OF LIABILITY
Work In Sports, its employees, affiliated entities, or any third parties mentioned on the Web Site shall NOT be held liable for damages including without limitation, incidental, consequential, or indirect damages, lost wages or profits, or damages resulting from business interruption.


ACCEPTABLE CONDUCT
You agree not to post any threatening or defamatory Content on the Web Site that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. Work In Sports will fully co-operate with any law enforcement authorities or court order requesting or directing Work In Sports to disclose the identity of user of the Web Site and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this Web Site or server, or a third party web site or server. You agree not to transmit or post Submissions to the Web Site or other users in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) or competing employment service for the sports industry or otherwise, without the prior written consent of Work In Sports.

INDEMNITY
You agree to indemnify and hold harmless each of Work In Sports, its employees, directors and affiliated entities including all third parties mentioned at Web Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Web Site, the Content or your breach of these Terms of Use.

TERMINATION OF SERVICES
Work In Sports reserves the right to pursue all of its legal remedies in order to protect the Web Site, the Content and authorized users of the Web Site, including but not limited to deletion of employer or job seeker postings from the Web Site, termination of access to the Web Site and Content, job seekers subscription, or any other service provided to you by Work In Sports. If you are in breach of any of the Terms of Use, including obligation to pay for services, Work In Sports may terminate these Terms of Use.


FEE-BASED SERVICES
Certain portions, components, Content and features of the Web Site are only available to users who purchase a subscription (“Fee-Based Services”). As a subscriber to one of the Fee-Based Services, you agree as follows:

A. You agree to pay, using a valid credit card (or other form of payment which Work In Sports may accept from time to time), the fixed and periodic charges and fees (including any prepayment plan fees for multiple periods) set forth on this Web Site, applicable taxes, and other charges and fees incurred in order to access Fee-Based Services. The charges and fees on this Web Site are expressed in United States dollars and your credit card or other account will be charged in United States dollars. Work In Sports reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Web Site or such other means as Work In Sports may deem appropriate from time to time (including electronic mail or conventional mail).


B. Work In Sports will automatically charge your credit card or other account at the start of the standard billing period and at the start of each renewal period, unless you terminate or cancel your subscription within 3 business days before the relevant renewal period begins. The renewal charge will be equal to the current , regular priced four week rate, unless Work In Sports notifies you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use the Fee-Based Services you reaffirm your agreement that Work In Sports may charge your credit card (or other form of payment, if applicable). In the event Work In Sports cannot charge your account, Work In Sports reserves the right to terminate your access to our Fee-Based Services and the Web Site.


C. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Web Site and the Fee-Based Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Fee-Based Services.

D. For purposes of your use of the Fee-Based Services including identification and billing, you agree to provide Work In Sports with true, accurate and complete information as required by the subscription or sign up process to Fee-Based Services ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow Work In Sports to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or Work In Sports have reasonable grounds to suspect that such is the case, Work In Sports reserves the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Web Site (or any portion thereof) or any of the Fee-Based Services. You are obligated to check the Web Site to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information


REFUND POLICY
Work In Sports provides a conditional satisfaction guarantee for the Fee-Based Services offered via the Web Site. If a user is not satisfied with the Fee-Based Services which have been delivered, Work In Sports may, but is not required to provide a refund for the remainder of the membership term.


LINKS AND THIRD PARTY CONTENT
This Web Site may feature links to other web sites. Work In Sports provides these links only as a convenience. Any and all linked sites are not under the control of Work In Sports, and Work In Sports makes no representation or warranty regarding Content or products or services available from such linked sites. Hyperlinks may not be created between this Web Site and others without the express written consent of Work In Sports.Should Work In Sports permit you to create a hyperlink to the Web Site, you agree not to frame the Web Site in such a manner as to disguise authorship, origin, attribution or intellectual property rights.

JURISDICTION
This Web Site is controlled, operated and administered by Work In Sports from its offices within the State of Arizona . Work In Sports makes no representation or warranty that the Web Site or Content are appropriate or available for use at any locations outside of Arizona . These Terms of Use shall be interpreted, construed and governed by the laws in force in the State of Arizona . You agree that any action, suit or proceeding arising out of or related to these Terms of Use shall be commenced in Phoenix, Arizona. Each party hereby agrees to submit to the jurisdiction of the courts of Arizona and waives any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. Notwithstanding the foregoing, Work In Sports may pursue enforcement of intellectual property rights and the protection of confidential information in such other jurisdictions as through injunctive or other equitable relief through the courts.


INFRINGEMENT NOTIFICATION
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify Work In Sports at the email address info@workinsports.com.