TERMS & CONDITIONS OF USE
EFFECTIVE DATE: MAY 16, 2022
These Terms and Conditions of Use (these Terms of Service”) apply when you access, use, or
visit this website www.bondsports.co and any other websites or mobile apps owned or operated
by Bond Sports, Inc. or that utilize the Bond Sports technology (referred to in these Terms of
Service as Bond Sports,“we,” “us” and “our”), including any widgets embedded in any third party
websites or mobile applications (collectively as the “Bond Sports Platform”). Your use of, or
access to, the Bond Sports Platform constitutes your agreement to be bound by these Terms of
Service. If you do not want to agree to these Terms of Service or our Privacy Policy (referenced
in Section 2 below), you must not access or use the Bond Sports Platform. The Bond Sports
Platform is a group of services made available by Bond Sports, together with all content,
information, services and software provided on or through the Bond Sports Platform, in whole or
in part (“Content”) and may be accessed, utilized or used (“Use” or “Used”) only in accordance
with these Terms of Service.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that
govern how claims you and we may have against each other are resolved (see Section 14
below), including an agreement and obligation to arbitrate disputes, which will, subject to
limited exceptions, require you to submit claims you have against us to binding arbitration,
unless you opt-out in accordance with Section 14.5. Unless you opt-out of arbitration: (a)
you will only be permitted to pursue claims against us on an individual basis, not as part
of any class or representative action or proceeding; and (b) you will only be permitted to
seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Affirmative Representations Regarding Your Use of the Bond Sports Platform. When you
Use the Bond Sports Platforms, you represent that: (a) the information you submit to us is truthful
and accurate; (b) your use of the Bond Sports Platform and your use of services available on the
Bond Sports Platform do not violate any applicable law or regulation; (c) you are 18 years of age
or older; and (d) you are of sufficient legal age or otherwise have legal capacity to legally enter
into these Terms of Service. You further represent that you are responsible for all activity occurring
under or relating to your account, including, but not limited to, your staff, employees, consultants,
advisors, children and independent contractors, as well as for all individuals that you authorize to
use the Bond Sports Platform in connection with your activities (collectively “Users”) comply with
relevant provisions of these Terms of Service and any applicable local, state, national and foreign
laws, including those related to data privacy and transmission of personal data, at all times while
using the Bond Sports Platform. Any reference in these Terms of Service to your “access” or “use”
of the Bond Sports Platform (or similar phrase) is deemed to include access or use, as
appropriate, by Users, and any act or omission of a User that does not comply with these Terms
of Service will be deemed a breach of these Terms of Service by you. You must treat your Bond
Sports Platform username, password and other security information as confidential, and you must
not disclose it to any other person or entity. You agree to notify us immediately of any
unauthorized access to or use of your username or password or any other breach of security. You
should use particular caution when accessing your account from a public or shared computer so
that others are not able to view or record your password or other personal information.
2. Privacy Policy. In connection with your use of the Bond Sports Platform, please review
our Privacy Policy, located at https://www.BondSports.co/privacy-policy, to understand how we
use information we collect from you when you Use the Bond Sports Platform. The Privacy Policy
is part of and is governed by these Terms of Service, and by agreeing to these Terms of Service,
you agree to be bound by the terms of the Privacy Policyand agree that we may use information
collected from you in accordance with its terms. You are also responsible for ensuring that you
have the appropriate rights to interact and/or contact other users through the Bond Sports
Platform, as applicable, in accordance with applicable laws and regulations. Without limiting the
generality of the foregoing, you have the sole responsibility to ensure that your collection and use
of personal information about any and all users or third parties is collected, used and transferred
in strict accordance with applicable laws, including those related to data privacy and transmission
of personal data.
3. License; Limitations on Use.
3.1. Scope of Use. As a User of the Bond Sports Platform you are granted a nonexclusive,
nontransferable, revocable, limited license to Use the Bond Sports Platform and the
Content in accordance with these Terms of Service. The Bond Sports Platform and the
Content on the Bond Sports Platform is for your personal Use only and not for
commercial exploitation, enhancement, verification or validation.
3.2. Linking to the Bond Sports Platform. You may provide links to the Bond Sports Platform,
provided: (a) you do not remove or obscure, by framing or otherwise, any portion of our
web pages, including their advertisements, the Bond Sports Platform brand, the Terms
of Service, or other notices on the Bond Sports Platform without prior written consent
from Bond Sports; and (b) you promptly discontinue providing links to the Bond Sports
Platform if requested by Bond Sports.
3.3. Prohibited Use. You may not Use the Bond Sports Platform and/or any Content to:
a. Conduct commercial or promotional activities or sales efforts without prior
written consent from Bond Sports;
b. Infringe upon the rights of any third party, including intellectual property
rights, privacy rights, rights of publicity, or other personal or proprietary rights, or engage
in deceptive or fraudulent activity;
c. Copy, modify, reproduce, republish, distribute, display, or transmit for
commercial, non-profit or public purposes all or any portion of the Bond Sports Platform,
except to the extent permitted above or with prior written consent from Bond Sports;
d. Manually extract, decompile, reverse engineer, disassemble, rent, lease,
loan, sell, sublicense, or create derivative works from the Bond Sports Platform or the
Content without prior written consent from Bond Sports;
e. Determine the Bond Sports Platform’s architecture, or extract data or
information about usage, individual identities or users, via use of any network monitoring
or discovery software or otherwise;
f. Monitor, copy, scan, review, index, mirror, ping or validate the Bond Sports
Platform or the Content without Bond Sportsprior written permission, via robot, spider,
other automatic software or device, process, approach or methodology, manual or
otherwise (methods such as web scraping, harvesting, data extraction, data validation or
verification are prohibited);
g. Transmit any computer virus, worm, defect, Trojan Horse, or any other item
of a destructive nature, or upload any virus or malicious code;
h. Transmit any false, misleading, fraudulent or illegal communications,
information or data;
i. Engage in phishing, spoofing, or other illegal or fraudulent activities, or
violate applicable laws in your jurisdiction;
j. Access unauthorized information;
k. Attack, threaten with violence, stalk, harass, incite, harm, or intimidate any
other user, person or organization, or engage in any other threatening behavior;
l. Transmit or post any material that is abusive, harassing, tortious,
defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another’s
privacy, hateful, or otherwise objectionable, for example, any materials containing racial,
ethnic, or other slurs, or hate speech, or which attack an individual or group on the basis
of race, gender, gender identity, ethnicity, religion, national origin, or sexual preference;
m. Transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam (note that sending the same message multiple times or to
multiple people will be treated as spam), chain letters, contests, pyramid schemes,
surveys, or any other form of solicitation or mass messaging, whether commercial in
nature or not; and/or
n. Export or re-export the Bond Sports Platform or any portion thereof, or its
Content, in violation of the export control laws and regulations of the United States of
America.
4. Third Party Services, Content, Links, Platforms and Communications
4.1. Third Party Services. Although the Bond Sports Platform may allow you to purchase,
access and use facilities or services offered by third parties (“Third Party Services”), such
Third Party Services are not subject to any of warranties, service commitments or other
obligations on the part of Bond Sports or its affiliated entities. The availability of any Third
Party Services through the Bond Sports Platform does not imply Bond Sport’s
endorsement of or affiliation with the provider. Bond Sports does not control Third Party
Services and will have no liability to you or your affiliates in connection with any Third
Party Services. Bond Sports has no obligation to monitor or maintain Third Party
Services and may disable or restrict access to any Third Party Services at any time. By
using or enabling any Third Party Services, you are expressly permitting Bond Sports to
disclose your personal information to the extent necessary to utilize the Third Party
Services. YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK AND IS
SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE
TO SUCH THIRD PARTY SERVICES (SUCH AS TERMS OF SERVICE OR PRIVACY
POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY SERVICES).
4.2. Third Party Content. Third party content (including, without limitation, content posted by
other users of the Bond Sports Platform) may appear on the Bond Sports Platform or
may be accessible via links from the Bond Sports Platform. Bond Sports shall not be
responsible for, and assumes no liability for, any infringement, mistakes, misstatements
of law, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity in the statements, opinions, representations or any other form of content
contained in any third-party content appearing on the Bond Sports Platform. You
understand that the information and opinions in the third-party content is neither
endorsed by, nor does it reflect the beliefs or opinions of, Bond Sports. Further,
information and opinions provided by employees and agents of Bond Sports in
Interactive Areas are not endorsed by Bond Sports and do not represent the beliefs and
opinions of Bond Sports.
4.3. Third Party Links. Bond Sports, or third-party users, may provide links to other websites
or resources on the Bond Sports Platform. Bond Sports has no control over these
websites and resources. You acknowledge and agree that Bond Sports is not
responsible for the availability of these external websites or resources, and does not
endorse and is not responsible or liable for any content, advertising, products or other
materials contained in or available from such websites or resources. You acknowledge
that use of any third-party website is governed by the terms of service/use and privacy
policy for that website and not by these Terms of Service or Bond SportsPrivacy Policy.
Bond Sports reserves the right to disable any link or remove any third-party content, at
any time, in its sole discretion.
4.4. Third Party Platforms. It may be possible to access the Bond Sports Platform via widgets
embedded on a third party website, social network, email service, or other platform,
including, but not limited to, Facebook or Facebook Connect (each, a “Third Party
Platform”) Access to the Bond Sports Platform via a Third Party Platform may only be
granted if you explicitly allow it, and that access may be through an interface provided
by the Third Party Platform. If you access the Bond Sports Platform via a Third Party
Platform, then certain activity or actions you take on the Bond Sports Platform may be
viewable as astory” or a feed on that Third Party Platform, and thus may be searchable
or viewable in other online locations as well. You may be able to control or change the
“stories” that can be published on the Third Party Platform by modifying your settings on
that Third Party Platform. We have no control over, and are not liable for, your use of
any Third Party Platform, including, without limitation, the feeds published by Third Party
Platforms. Because we do not have control over user interfaces provided by Third Party
Platforms, we do not take any responsibility for any changes or problems with the
interface or exchange of information provided by any of them. We have no control over
the privacy policies of Third Party Platforms. Neither do we have any control over or
responsibility for the information or content collected by these Third Party Platforms. If
you access the Bond Sports Platform through a Third Party Platform, then we encourage
you to become familiar with the terms of service/use and privacy policies and other
practices of the applicable Third Party Platform.
4.5. Third Party Communications. As used in these Terms of Service, “Third Party
Communications means any communications directed or sent to you from any third
party, whether directly or indirectly. You are solely responsible for assessing and
verifying the identity and trustworthiness of the source and content of any Third Party
Communications. Bond Sports assumes no responsibility for verifyingand makes no
representations or warranties regardingthe identity or trustworthiness of the source or
content of any Third Party Communications.
5. Intellectual Property Rights. Except as expressly provided in these Terms of Service,
nothing contained in these Terms of Service shall be construed as conferring or granting to you
any license, ownership or other property right in or to the Bond Sports Platform or any Content,
by implication, estoppel or otherwise, under copyright or other intellectual property rights. You
agree that the Bond Sports Platform and Content are owned or licensed by us and are subject to
copyright and other intellectual property rights under United States and foreign laws, and
international conventions. Bond Sports, the Bond Sports logo, and all other Bond Sports
trademarks, service marks, product names, and trade names of Bond Sports appearing on or in
conjunction with the Bond Sports Platform or the Content are owned by Bond Sports. The Bond
Sports Platform and the Content are for your information and personal use only and not for
commercial exploitation. We reserve all rights in and to this Bond Sports Platform and the Content.
Bond Sports does not grant you the right to use or display any trademark, service mark, product
name, trade name or logo appearing on the Bond Sports Platform without Bond Sportsor the
respective owner’s prior written consent.
6. Ownership and Use of Data and Postings.
6.1. Ownership of Data. As between you and Bond Sports, you own all right, title and interest
in data entered into the Bond Sports Platform by you or your Users. You hereby grant to
Bond Sports a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and
royalty-free license and right to copy, distribute, display and perform, publish, prepare
derivative works of and otherwise use such data for any legitimate business purpose,
including, without limitation, providing, improving and developing Bond Sports’ products
and services and/or complementary products and services of our partners, providing
such data to organizers, facilities, and other third party service providers in connection
with programs that you register for, and any other purpose permitted under our Privacy
Policy. You represent and warrant to Bond Sports that you have all rights necessary to
grant the licenses in this Section 6.1, and that your collection and use of data through
and on the Bond Sports Platform does not violate any applicable laws or rights of any
third party. Bond Sports owns data that we collect through independent sources or not
entered by you or your Users and all Aggregated Data and may use such data for any
and all purposes. You further agree that nothing in these Terms of Service prohibits Bond
Sports from utilizing Aggregated Data (as hereinafter defined) for any purpose.
“Aggregated Data” means anonymized, de-identified, or aggregated data derived by or
through the operation of the Bond Sports Platform that is created by or on behalf of Bond
Sports that is in compliance with applicable laws and does not reveal any personally
identifying information about you or any User.
6.2. Ownership and Use of Postings. We do not claim any ownership rights in any data,
information, text, graphics, links, messages, reviews, content, or other materials that you
or your Users post on or through the Bond Sports Platform (collectively, Postings”), in
any interactive areas of the Bond Sports Platform (the “Interactive Areas”), which include,
without limitation, any blogs, reviews, wikis, bulletin boards, reviews, discussion boards,
chat rooms, email forums, and question and answer features. By posting your Postings
on the Bond Sports Platform, you continue to retain any rights you may have in your
Postings, including any intellectual property rights or other proprietary rights associated
with your Postings, subject to the license you grant to us below. You grant Bond Sports
a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with
the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform,
publicly display, digitally display and digitally perform, translate, create derivative works
from and distribute your Postings or incorporate your Postings into any form, medium, or
technology now known or later developed throughout the universe. You agree that you
shall have no recourse against Bond Sports for any alleged or actual infringement or
misappropriation of any proprietary right in Postings you provide to Bond Sports
6.3. Rules Applicable to Your User Data and Postings. You are entirely responsible for the
content of, and any harm resulting from, any data and any Posting that you post or permit
other to post on or through the Bond Sports Platform. When you create or make available
a Posting on or through the Bond Sports Platform, you represent and warrant that you:
(a) own or have sufficient rights to post your Posting on or through the Bond Sports
Platform, including the rights to grant the licenses in Section 6.2;
(b) will not post Postings that violate our or any other person’s privacy rights, publicity
rights, intellectual property rights (including without limitation copyrights) or contract
rights;
(c) have fully complied with any third-party licenses relating to Postings and shall pay
all royalties, fees and any other monies required to be paid in connection with Postings
that you post on or through the Bond Sports Platform;
(d) will not post any Postings that: (i) are defamatory, damaging, disruptive, unlawful,
inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful,
racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively
violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten
immediate physical harm against another, including but not limited to, Postings that
promote racism, bigotry, sexism, religious intolerance or harm against any group or
individual; or (iii) contain material that solicits personal information from anyone under
the age of 13, or exploits anyone in a sexual or violent manner;
(e) will not distribute on or through the Bond Sports Platform any Postings or
presentations of data containing any advertising, promotion, solicitation for goods,
services or funds or solicitation for others to become members of any enterprise or
organization without the express written permission of the Bond Sports;
(f) will not post any Postings that constitute, contain, install or attempt to install or
promote spyware, malware or other computer code, whether on our or others’ computers
or equipment, designated to enable you or others to gather information about or monitor
the on-line or other activities of another party; and/or
(g) will not post any Postings that will or may give rise to liability or violate any local,
state, federal or international law, or the regulations of the U.S. Securities and Exchange
Commission, any rules of any securities exchange such as the California Stock
Exchange, the American Stock Exchange, or the NASDAQ.
Except with the express written permission of Bond Sports, in no event may any person
or entity solicit anyone with data retrieved from the Bond Sports Platform.
6.4. No Monitoring of Postings. Bond Sports has no obligation to monitor or screen Postings
and is not responsible for the content in such Postings or any content linked to or from
such Postings. Bond Sports however reserves the right, in its sole discretion, to monitor
Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted,
published, uploaded or distributed, and remove Postings, at any time and for any or no
reason without notification of or permission from you. Bond Sports may delete your
Posting at any time for any reason without notification of or permission from you.
7. Organizers, Facilities, and Third Party Service Providers Accessible on the Bond Sports
Platform.
7.1. Organizers or facilities who operate sporting or other recreational programs
(“Programs”), and third parties offering services through, the Bond Sports Platform must
(i) provide complete and accurate information about your Programs and services (as
applicable), (ii) disclose any rules, restrictions and requirements that apply (such as any
minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent
information requested by Bond Sports. Organizers and third party service providers are
responsible for keeping listing information (including calendar availability) up-to-date at
all times.
7.2. Organizers, facilities and third party service providers each are solely responsible for (i)
setting a price (including any taxes if applicable, or charges) for their Programs and
services. All fees (and applicable taxes) for Programs and/or services offered on or
through the Bond Sports Platform will be collected by Bond Sports on behalf of the
Organizer, facility or third-party service provider (as applicable) and will be subject to the
terms and conditions and subject to the fees and charges agreed by the Organizer,
facility or third party service provider (as applicable) and Bond Sports.
7.3. Pictures, animations or videos (collectively "Images") used in advertising or promoting
Programs or services must be truthful and not misleading.
7.4. Bond Sports recommends that Organizers and third party service providers obtain
appropriate insurance for their Programs and services.
8. Payments
8.1. Bond Sports collects payments through the Bond Sports Platform for the convenience of
organizers, facilities and other third party service providers and their customers. Any
payments you make are subject to the terms and conditions or other agreement between
you and the applicable organizer, facility or third party service providers, and except as
agreed to by you and the applicable organizer, facility or third party service providers, all
payment obligations are non-cancelable and all fees paid are non-refundable. By
submitting payment information, you authorize Bond Sports to provide that information
to third parties for purposes of facilitating payment. You agree to verify any information
requested by Bond Sports for purposes of acknowledging or completing any payment.
8.2. If you believe a payment has been processed in error, you must provide written notice
to Bond Sports within thirty (30) days after the date of payment specifying the nature of
the error and the amount in dispute.
8.3. Bond Sports will use commercially reasonable efforts to resolve any payment disputes
between you and any organizer, facility or third party service provider in connection with
the Bond Sports Platform. You agree to provide Bond Sports with any relevant data or
information requested by Bond Sports in connection with any payment dispute.
9. Digital Millennium Copyright Act
9.1. Notification of Alleged Copyright Infringement. Bond Sports has registered an agent with
the United States Copyright Office (a “Copyright Agent”) in accordance with the terms of
the Digital Millennium Copyright Act (the DMCA”) and avails itself of the safe harbor and
other protections available under the DMCA. Bond Sports reserves the right to remove
from the Bond Sports Platform any Content or Postings that allegedly infringe another
person’s copyright. If you believe Content on the Bond Sports Platform infringes your
valid copyrights, please send a notification (a “DMCA Notification”), including all
information included in Section 9.2 below, by mail or email to our Copyright Agent at:
Attn: DMCA Copyright Agent
Bond Sports, Inc.
17664 Lake Estates Way
Boca Raton, FL 33496
Email: copyright@BondSports.com
Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you
may be held liable for damages and attorneys’ fees if you make material
misrepresentations in a DMCA Notification. Therefore, if you are not sure whether
content available on or through the Bond Sports Platform infringes your copyright, you
should contact an attorney.
9.2. DMCA Notification Requirements. The following information must be included in each
DMCA Notification that you send to our Copyright Agent:
(a) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Bond Sports Platform are covered by a single
notification, a representative list of the works on the Bond Sports Platform.
(c) Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material. If possible,
we prefer a complete list of all of the precise URLs that you allege contain infringing
content.
(d) Information reasonably sufficient to permit us to contact you, the complaining party,
such as an address, telephone number, and, if available, an electronic mail
address where you may be contacted. We prefer you provide us with your email
address for ease of correspondence.
(e) The following statements must be included in your DMCA Notification:
“I hereby declare that I believe in good faith that the disputed use of the copyrighted
material is not authorized by the copyright owner, its agent, or the law.”
“I hereby swear that the claimed information is accurate to the best of my
knowledge and, under penalty of perjury, that I am the owner, or authorized to act
on behalf of the owner, of the copyright or of an exclusive right under the copyright
that has been infringed.”
“I give my permission to pass my contact information to the alleged infringing
party.”
If the content in dispute originates from a third party site or source, please provide us
notification as to which, if any, of the following apply:
(a) Display and/or access to the material on the originating site has been disabled.
(b) Under court order, the material was removed from the originating site.
(c) Under court order, access to the material on the originating site is disabled.
9.3. Repeat Infringers. Bond Sports reserves the right to terminate users of the Bond Sports
Platform who are repeat infringers in appropriate circumstances, in its sole discretion.
10. Our Management of the Bond Sports Platform; User Misconduct
10.1. Our Right to Manage the Bond Sports Platform. We reserve the right, but do not
undertake the obligation to: (a) monitor or review the Bond Sports Platform for violations
of these Terms of Service and for compliance with our policies; (b) report to law
enforcement authorities and/or take legal action against anyone who violates these
Terms of Service; (c) manage the Bond Sports Platform in a manner designed to protect
our and third parties’ rights and property or to facilitate the proper functioning of the Bond
Sports Platform; (d) screen our users, or attempt to verify the statements of our users;
and/or (e) monitor disputes between you and other users or to terminate or block you
and other users from violating these Terms of Service.
10.2. Interactions with other Users. Please choose carefully both the information you post on
the Bond Sports Platform, and that you give to third parties or other users of the Bond
Sports Platform. Bond Sports makes no guarantees, either express or implied, regarding
individuals or entities you may interact with through the Bond Sports Platform, either with
regard to their conduct, or regarding the quality of any products or services they provide.
We discourage you from publicly posting your telephone number, street address or other
personal or financial information on the Bond Sports Platform. Information posted to the
Bond Sports Platform by other users of the Bond Sports Platform may be offensive,
harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You
assume all risks associated with dealing with other users with whom you come in contact
through the Bond Sports Platform.
10.3. Our Right to Terminate Users. Without limiting any other provision of these Terms of
Service, we reserve the right to, in our sole discretion, and without notice or liability, deny
access to and use of the Bond Sports Platform to any personfor any reason or for no
reason at all--as permitted by applicable law, including, without limitation, for breach of
any representation, warranty or covenant contained in these Terms of Service, or any
applicable law or regulation.
10.4. Unlawful Activity. Bond Sports reserves the right to investigate complaints or reported
violations of our Terms of Service and to take any action we deem appropriate including
but not limited to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to user profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic information.
10.5. Remedies for Violations. Bond Sports reserves the right to seek all remedies available
at law and in equity for violations of these Terms of Service, including but not limited to
the right to block access from a particular internet address to the Bond Sports Platform
and/or its features.
11. Warranty Disclaimer; Limitation on Liability.
11.1. Disclaimer of Warranties
A. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE BOND
SPORTS PLATFORM, INCLUDING THE INTERACTIVE AREAS, THE CONTENT, AND
POSTINGS ARE PROVIDED ON AN AS IS” AND “AS AVAILABLE” BASIS. BOND
SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. BOND SPORTS DOES NOT WARRANT THAT THE BOND
SPORTS PLATFORM OR THE CONTENT IS FREE OF MALWARE OR OTHER
HARMFUL COMPONENTS. BOND SPORTS DISCLAIMS ALL RESPONSIBILITY FOR
ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING
FROM, ARISING OUT OF OR ANY WAY RELATED TO: (I) ANY ERRORS IN OR
OMISSIONS FROM THE BOND SPORTS PLATFORM, THE INTERACTIVE AREAS,
THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO,
TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) THIRD PARTY
COMMUNICATIONS; (III) ANY THIRD PARTY PLATFORMS, WEBSITES OR
CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN
THE BOND SPORTS PLATFORM, INCLUDING BUT NOT LIMITED TO ANY ERRORS
IN OR OMISSIONS THEREFROM; (IV) THE UNAVAILABILITY OF THE BOND
SPORTS PLATFORM, INCLUDING THE INTERACTIVE AREAS, THE CONTENT, THE
POSTINGS, OR ANY PORTION THEREOF; (V) YOUR USE OF THE BOND SPORTS
PLATFORM, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS; OR
(VI) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE
BOND SPORTS PLATFORM, THE INTERACTIVE AREAS, THE CONTENT, OR THE
POSTINGS.
B. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY,
TIMELINESS OR COMPLETENESS OF THE BOND SPORTS PLATFORM’S
CONTENT, THE CONTENT OF ANY WEBSITE LINKED TO THE BOND SPORTS
PLATFORM, POSTINGS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON
THE BOND SPORTS PLATFORM OR LINKED TO BY THE BOND SPORTS
PLATFORM. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I)
ERRORS; MISTAKES OR INACCURACIES OF CONTENT AND POSTINGS; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE BOND SPORTS
PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
BOND SPORTS PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE BOND SPORTS
PLATFORM BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND POSTING OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOND SPORTS
PLATFORM.
C. WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE POSTINGS,
OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE
BOND SPORTS PLATFORM, INCLUDING, WITHOUT LIMITATION, CONTENT
HOSTED ON THIRD PARTY SITES, OR PRODUCTS OR SERVICES MADE
AVAILABLE ON THIRD PARTY SITES. ACCORDINGLY, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE TO YOU FOR ANY LOSS
OR DAMAGE THAT MIGHT ARISE IN CONNECTION WITH THIRD PARTY POSTINGS,
THIRD PARTY SITES, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH
THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE
RESULTING FROM SECURITY VULNERABILITIES IN THIRD PARTY PRODUCTS OR
FROM YOUR RELIANCE ON THE BUSINESS LISTINGS, RATINGS, OR REVIEWS
FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE BOND SPORTS
PLATFORM.YOU ASSUME ALL RISK WHEN USING THIS BOND SPORTS
PLATFORM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED
WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS, INCLUDING
CONTRACTING FOR OR SUPPLYING SERVICES OF ANY NATURE.
D. BOND SPORTS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE
ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS
SEEKING SERVICES OR USERS SUPPLYING SERVICES AS LISTED ON BOND
SPORTS PLATFORM. BOND SPORTS DOES NOT ASSUME AND EXPRESSLY
DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF THIS
INFORMATION. BOND SPORTS IS NOT RESPONSIBLE FOR THE CONDUCT,
WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BOND SPORTS
PLATFORM.
E. BOND SPORTS MAKES NO GUARANTEE OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR
FROM THE BOND SPORTS PLATFORM. BOND SPORTS WILL NOT BE LIABLE FOR
THE PRIVACY OF ANY OF YOUR OR ANY OTHER THIRD PARTY POSTINGS TO THE
BOND SPORTS PLATFORM AND SPECIFICALLY DISCLAIMS ANY LIABILITY
RESULTING FROM SUCH POSTINGS AND COMMUNICATIONS, INCLUDING ANY
OBJECTIONABLE CONTENT.
F. WHEN BOND SPORTS POSTS CONTENT AND MATERIALS,
INCLUDING REVIEWS OF PRODUCTS AND SERVICES AND LINKS TO OTHER
WEBSITES, PLEASE BE AWARE THAT THESE CONTENT AND MATERIALS MAY
REFERENCE, LIST, REVIEW, AND/OR RATE ENTITIES, PRODUCTS OR SERVICES
WITH WHICH WE HAVE DIRECT OR INDIRECT AFFILIATIONS OR OTHER
RELATIONSHIPS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ABSENCE OR EXISTENCE OF, OR THE EXTENT OR NATURE OF, ANY DIRECT
OR INDIRECT AFFILIATIONS OR RELATIONSHIPS THAT WE MAY HAVE WITH ANY
ENTITIES, PRODUCTS OR SERVICES THAT ARE REFERENCED, LISTED,
REVIEWED AND/OR RATED ON THE BOND SPORTS PLATFORM. ACCORDINGLY,
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HAVE NO LIABILITY OR
RESPONSIBILITY OF ANY KIND FOR ANY FURTHER UNDERSTANDING YOU MAY
HAVE ABOUT THE ABSENCE OR EXISTENCE OF, OR THE EXTENT OR NATURE
OF, AFFILIATIONS OR RELATIONSHIPS AMONG US AND ANY OTHER ENTITIES,
PRODUCTS OR SERVICES IDENTIFIED ON, FOUND ON, USED ON, OR MADE
AVAILABLE THROUGH BOND SPORTS PLATFORM.
11.2. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOND SPORTS SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE
BOND SPORTS PLATFORM, THE CONTENT, THE POSTINGS, THE INTERACTIVE
AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN
INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, BOND SPORTS SHALL NOT BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE BOND SPORTS
PLATFORM, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY
THIRD PARTY COMMUNICATIONS. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU
IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT
OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN
CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER
WAY SHALL NOT EXCEED $50.
11.3. Exceptions to Disclaimers and Liability Limitations.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR
JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 11.1 and 11.2
MAY NOT APPLY TO YOU.
12. Indemnification. You agree to indemnify, defend and hold Bond Sports, its officers, directors,
employees, agents, licensors, suppliers and any third-party information providers to the Bond
Sports Platform harmless from and against all claims, losses, expenses, damages and costs,
including reasonable attorneys’ fees, resulting from any violation of these Terms of Service
by you or arising from or related to any Postings or Content uploaded or submitted by you.
You will not be required to indemnify and hold Bond Sports harmless from and against
any claims, liabilities, damages, losses, or expenses resulting from Bond Sports’ own
negligent conduct.
13. Third Party Beneficiaries. The provisions of Section 11 (Warranty Disclaimer; Limitation on
Liability) and Section 12 (Indemnification) are for the benefit of Bond Sports and its officers,
directors, employees, agents, licensors, suppliers, and any third-party facility or information
providers to the Bond Sports Platform. Each of these individuals or entities shall