Use of the Official Web Sites of GRIDIRON AMERICA, which may encompass GridironAmerica.com, AmeriBowl.com, the Official Web Sites of our member Clubs, and the Official Web Sites of certain other CATS-related entities (collectively, this "Website") and all products and services provided and/or distributed (whether via this Website or elsewhere) by Capital Area Team Sports, Inc. ("CATS") are subject to this Agreement. Reference to this Website and all materials contained in this Website and/or otherwise accessible via other CATS-controlled products or services or CATS-operated interactive media locations will be referred to herein collectively as the "CATS Properties," and individually as a "CATS Property." By your use of this Website or the other CATS Properties, you agree to be bound by this Agreement. If you do not agree with the terms of this Agreement, do not use the CATS Properties.
Except for Submitted Content (as defined below), the CATS Properties are either owned or licensed to CATS. The applicable owners and licensors retain all rights to the CATS Properties, including, but not limited to, all copyright, trademark, and other intellectual property and proprietary rights, however denominated. Except for downloading one (1) copy of the CATS Properties on any single computer for your personal, non-commercial home use, you may not reproduce, prepare derivative works based upon, distribute, perform, or display the CATS Properties without first obtaining the written permission of CATS or otherwise as expressly set forth in the terms and conditions of the CATS Properties. The CATS Properties may not be used in any unauthorized manner.
In some instances, this Agreement and a separate end user license agreement or similar agreement may apply to the CATS Properties. By using this Website or the other CATS Properties, you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question, and agree to be bound by the terms and conditions.
You may not use the CATS Properties or Community Features (as they are defined below) to: (i) transmit, store, embed, or otherwise make available any information or material which infringes on any right of CATS or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other intellectual property or proprietary right; (ii) transmit, store, or otherwise make available material which disrupts this Website or the other CATS Properties, imposes an unreasonable or disproportionately large load on this Website's or the other CATS Properties' infrastructure, or which otherwise adversely affects, restricts, or inhibits any other user from using and enjoying this Website or the other CATS Properties; (iii) transmit, store, or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects CATS business, or is otherwise objectionable in CATS' sole and absolute discretion; (iv) transmit, store, or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; (v) transmit, store, or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine; (vi) transmit, store, or otherwise make available material which contains any information, software, or other material or a commercial nature; (vii) transmit, store, or otherwise make available material which contains advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters," or solicitation of any kind; (viii) transmit, store, or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attach (personal attaches include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, or employees of CATS, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store, or otherwise make available last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from, or otherwise interact with, this Website or the other CATS Properties; and (xiii) transmit, store, or otherwise make available material which is irrelevant to the subject matter of any Community Features (as they are defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials") contained on or incorporated in the CATS Properties shall not be published, broadcast, rewritten for broadcast or publication, or redistributed, directly or indirectly, in any medium. Neither these Third Party Materials, nor any portion thereof, may be stored in a computer except for personal and non-commercial use. No third party provider shall be held liable, in any way, to any Website user or to any third party, or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, for any damages arising from any of the foregoing or occasioned thereby.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), CATS has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement related to this Website or the other CATS Properties (hereinafter, the "Designated Agent"). All such notifications related to this Website or the other CATS Properties must be a written communication, and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 CATS to locate the material.
- Information reasonably sufficient to permit CATS to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail or electronic mail to CATS Designated Agent as follows:
CAPITAL AREA TEAM SPORTS, INC.
Copyright Agent
4829 Alenja Lane
Raleigh, NC 27616-5029
Telephone Number of Designated Agent: (919) 341-5963
Email Address of Designated Agent: copyright@gridironamerica.com
COMMUNITY FEATURES
The CATS Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, question and answer features, and chat features (collectively, the Community Features"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The CATS Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works, or other information or material via third party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features is subject to the then-current terms of use of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification shall apply.
In order to participate in Community Features and/or certain other CATS Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. In consideration of your use of the applicable CATS Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to CATS, and to keep it accurate, current and complete; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account, and for any actions that take place using your account.
CATS, nor any of its third party providers ("Vendors") monitor, endorse, edit or screen your Submitted Content, although CATS and its Vendors reserve the right to do so, and neither CATS nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied, or other relationship is created between you and CATS, or between you and CATS' Vendors other than as as may be expressly set forth in this Agreement. You acknowledge that CATS is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you, or that you have all necessary rights in it and to submit it to CATS under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If CATS determines, in its sole and absolute discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, CATS reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other CATS Properties; and/or (d) use any technological, legal, operational, or other means available to CATS to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features, or on the other CATS Properties.
You are solely responsible for your interactions with other users of the CATS Properties. You may use various features of certain Community Features to report violators. We reserve the right, but assume no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant, that you have the right to grant, to CATS, a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell, and/or display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media, or technology known or hereafter developed.
SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES
CATS may allow you to order products supplied by independent merchandise Vendors, or through an auction process. Such products are collectively herein referred to as "Merchandise." Via certain CATS Properties, you may be able to subscribe to or download audio, video and audiovisual content, fantasy and other games, and other products and services (collectively, "Services"). In addition, you may buy CATS products and services from locations other than this Website or the other CATS Properties (e.g., via third party storefronts, collectively hereinafter "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY, AND CATS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS, OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE CATS PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
NOTIFICATIONS AND OTHER TERMS AND CONDITIONS
By accepting this Agreement, you agree that CATS may notify you about changes to prices and/or Services by sending an email message to your email address on file with CATS and by publishing such notices from time to time on the informational page(s) of the CATS Properties applicable to the Services. It is your responsibility to notify CATS of any change in your email address by logging in to the applicable CATS Property and using the online account management tools provided therein. If your email service includes functionality or software that catalogues your emails in an automated manner, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.
VOTES, CONTESTS AND SWEEPSTAKES
This Website and other CATS Properties may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to any and all special terms set forth on this Website and/or the other applicable CATS Properties applicable to the event as well as the terms of this Agreement.
LINKING
This Website and the other CATS Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or CATS Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by CATS or any other CATS Entity of any such third party website or content. CATS is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the website administrator of the applicable third party website or location.
DISCLAIMER OF WARRANTIES
USE OF THIS WEBSITE, ALL OTHER CATS PROPERTIES AND THE PRODUCTS, MERCHANDISE AND SERVICES, INCLUDED HEREIN AND THEREIN, ARE AT YOUR SOLE AND EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES WHICH MAY BE EXPRESSLY PROVIDED BY CATS AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER CATS PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, MERCHANDISE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
CATS DOES NOT WARRANT THAT (I) THIS WEBSITE, THE OTHER CATS PROPERTIES, OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (II) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER CATS PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (III) THIS WEBSITE, THE OTHER CATS PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER CATS PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
LIMITATIONS ON LIABILITY
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE CATS PROPERTIES OR ANY ACT OR FAILURE TO ACT BY CATS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
IN NO EVENT SHALL CATS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE OR SERVICES.
IN NO EVENT SHALL CATS, ANY OTHER CATS ENTITY, OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR OTHER CATS PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF CATS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF CATS, ANY OTHER CATS ENTITY, OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, THE SERVICES OR THE OTHER CATS PROPERTIES IS FIFTY DOLLARS ($ 50.00).
IN NO EVENT SHALL CATS OR ANY OTHER CATS ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER CATS PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
INDEMNIFICATION
You hereby agree to indemnify and hold the CATS Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to (A) your use of this Website, the other CATS Properties, the products, Merchandise and/or Services purchased via this Website or the other CATS Properties; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "CATS Entities" shall mean CATS, the member clubs of GRIDIRON AMERICA, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with CATS, and the directors, officers, employees and/or agents of the above entities.
TERMINATION
CATS may change, suspend, or discontinue any aspect of this Website or the other CATS Properties at any time, including the availability of any product, Merchandise offering, Service, feature, database or other content. CATS may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the CATS Properties without notice or liability at any time in CATS' exclusive discretion, without prejudice to any legal or equitable remedies available to CATS, for any reason or purpose, including, but not limited to, conduct that CATS believes violates this Agreement or other policies or guidelines posted on this Website or via other CATS Properties or conduct which CATS believes is harmful to other customers, to CATS' business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by CATS in its sole discretion. In addition and without prejudice to any other remedy available to CATS, CATS may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by CATS in the CATS Properties.
CHOICE OF LAW, JURISDICTION AND ATTORNEYS' FEES
This Agreement shall be governed by the laws of the State of North Carolina applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Wake County, North Carolina, shall be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. CATS shall be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of this Website and the other CATS Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA (95834) or by telephone at (916) 445-1254.
ACCEPTANCE OF TERMS OF USE
BY USING THIS WEBSITE AND/OR THE OTHER CATS PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other CATS Properties. CATS may change the terms of this Agreement at any time, and your use of this Website and/or the other CATS Properties after such changes are posed will mean that you accept them.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. CATS, in its sole and absolute discretion, may amend this Agreement, and your use of this Website or the other CATS Properties after such amendment is posted on this Website shall constitute acceptance of it by you.
If any term of this Agreement is declared unlawful, void, or for any reason unenforceable by any court of law, then such term shall be deemed severed from the remaining terms, and shall not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenient reference only, and shall not be given any legal import.


