WEBSITE TERMS AND CONDITIONS OF USE

WEBSITE TERMS AND CONDITIONS OF USE
Welcome to www.liberosports.com, owned and operated by Libero Sports, LLC (“Libero”). These Website Terms and Conditions of Use (the “Terms”) contain the terms and conditions upon which Libero is willing to provide you access to and use of this website and all related pages, information, databases, materials and services (collectively, the “Site”), and govern your use and purchase of the Site. These Terms form a contract between you and Libero. If you do not agree to be bound by these Terms, you may not access or use the Site. Use of the Site indicates your acceptance of these Terms and Libero’s Website Privacy Policy. Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.

If you have questions regarding these Terms, please contact Libero at info@liberosports.com.

License
You may only use this Site if you are at least 18 years of age. By accessing any portion of the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you, subject to these Terms. These Terms cannot be waived or modified by any oral communications between you and Libero.

Updating Terms
Libero reserves the right, at its discretion, to change, delete, and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time and for any reason. Libero will post a notice on the homepage of the Site when any changes are made to these Terms. Any amendments and modifications by Libero will be prospective only and will be effective upon being posted on the Site, and such changes shall not be applicable to disputes arising, or arising out of events occurring, before notice of the modification to the Terms. The Terms can be accessed from the link at the bottom of each Site page. Your continued access or use of the Site following posting of such notification indicates your acceptance of the changes to the Terms.

If you have an account or other relationship with Libero, that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in these other agreements shall diminish the protections and rights provided to Libero under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and Libero with respect to the use of the Site.

Personal Information and Unauthorized Use
You agree that any information you provide to Libero, without limitation, passwords, usernames, login ID’s, credit card and financial information, and other personally identifiable information, whether through questionnaires, registration forms or other information requests, (collectively “Personal Information”), will be true, accurate, current and complete information. You agree not to provide Personal Information that is false, inaccurate, misleading, or fraudulent. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information. You agree that Libero is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Libero of your Personal Information. It is your responsibility to maintain the confidentiality of your Personal Information. If you believe that someone has used your Personal Information to access any Libero services without your authorization, please contact Libero immediately at info@liberosports.com.

Please review Libero’s Website Privacy Policy for more information regarding Libero’s policies and procedures for disclosing and using your Personal Information. Subject to the Website Privacy Policy, Libero retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) related to these Terms or Libero’s provision of services.

You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Libero for any purpose.

Information Available on Site
Libero relies on a variety of sources for the information it provides on the Sites. This information is provided to you in good faith based on the information available to Libero. Libero believes that the information is current and accurate but does not guarantee it.

Restrictions on Use of Libero Materials and the Site
The contents and use of the Site (including Libero’s name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site or the Services. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of Libero. You further agree you may not:

(1) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
(2) copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation work from, or display Libero’s name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;
(3) use any device designed to provide repeated automated access to the Site other than those made generally available by Libero;
(4) include “Libero,” or any other Libero trademarked materials, the name of any Libero personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Libero and you, any other party, or any other website, or otherwise use these items without Libero’s express written permission;
(5) collect, harvest or store personal data about other users of the Site;
(6) upload, e-mail or otherwise transmit to Libero or through the Site or any Libero computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Libero;
(7) use the Site to advertise or perform any commercial solicitation;
(8) use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
(9) use any robot, spider, scraper, or any other automated means to access the Site or the Services for any purpose without Libero’s express written permission;
(10) forge any TCP/IP packet header or any part of the header information in any email or posting;
(11) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(12) bypass measures used by Libero to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Libero.

Libero reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing Libero to disclose such information.

Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site. You agree that Libero may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. Libero also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Libero’s sole discretion, may create liability for Libero, its agents or its contractors or may affect Libero’s business relationships or contracts with its agents or its contractors. Libero further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though Libero shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that Libero has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Libero from any liability related to its monitoring activities. If Libero denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials.

Website Linking and Cautions About Third-Party Information Included in Site
For your general informational use only, Libero may provide access to third party websites. These links allow you to leave the Site. Libero is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Libero or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Libero may link). By providing access to other websites, Libero is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. Libero does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Libero may include third party information in the Site for general informational purposes only. Libero is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree Libero does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and Libero is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom Libero conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with Libero, or otherwise provide you or any third parties with any rights to act on Libero’s behalf.

Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Personal Information for unauthorized or illegal purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE LIBERO PARTIES (AS DEFINED BELOW) MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN LIBERO, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON LIBERO’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO LIBERO.

YOU AGREE THAT LIBERO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “LIBERO PARTIES”) ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. THE LIBERO PARTIES’ SOLE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS IN ANY WAY RELATED TO OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, WHETHER IN CONTRACT, TORT, TRESPASS OR UNDER ANY OTHER THEORY OF RECOVERY, SHALL BE LIMITED AS FOLLOWS: (I) AT LIBERO’S SOLE OPTION, LIBERO SHALL EITHER RE-PERFORM THE SERVICES IN THE ORDER OR REFUND YOU THE AMOUNT YOU PAID FOR DEFECTIVE SERVICES IN THE ORDER; OR (II) IN ALL OTHER CASES LIBERO’S TOTAL AGGREGATE LIABILITY TO YOU HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SPECIFIC SERVICES FROM WHICH ANY CLAIM OR DAMAGES MAY ARISE OR $100 IF NO PRICE HAS BEEN PAID. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY LIBERO IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE LIBERO PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or relating to these Terms, the Site, or the Services must be filed on or before one (1) year after such claim or cause of action arises, or forever be barred.

If you provide Libero with an e-mail address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold Libero responsible for any misuse or unauthorized viewing of that information.

Indemnification
In consideration of your use of the Site, you hereby agree to defend, reimburse, indemnify, and hold harmless the Libero Parties (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights), (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or willful misconduct; and (ii) unauthorized use of your Personal Information by a party other than Libero.

Applicable Law
Libero controls and operates the Site from our offices within the State of Illinois in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Illinois (excluding any choice of law rules) govern your rights and obligations relating to Libero and your use of the Site.

Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by LIBERO, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by LIBERO of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by LIBERO.

Additional Terms
Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Copyright Agent for Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Libero designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Libero’s designated agent the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the Site;
(4) your address, telephone number, and e-mail address;
(5) 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; and
(6) a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Libero’s designated agent for notification may be contacted at:

By Mail: 1032 W. Fulton Market
Suite 300
Chicago, IL 60607
By Fax: (800) 772 - 1707
By E-mail: info@liberosports.com

Survival of Obligations
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.