TERMS OF SERVICE
Effective as of July 2011
Welcome to the www.nflalumni.org™ and nflalumniplayers.com Web site provided by National Football League Alumni Association and NFL Alumni Foundation.
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN (A) YOU ("You" or the "Authorized User"); AND (B) NATIONAL FOOTBALL LEAGUE ALUMNI ASSOCIATION AND NFL ALUMNI FOUNDATION (COLLECTIVELY, "We" or "NFL ALUMNI"). BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE www.nflalumni.org WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS NFL ALUMNI WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE NFL ALUMNI WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “NFL ALUMNI WebSite”). NFL ALUMNI IS WILLING TO LICENSE AND ALLOW THE USE OF THIS NFL ALUMNI WEBSITE AND PROVIDE THE RELATED INFORMATION AND SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE NFL ALUMNI WEBSITE AND ARE INSTRUCTED TO EXIT THE NFL ALUMNI WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS
1. LICENSE GRANT. The NFL ALUMNI WebSite is provided by NFL ALUMNI, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the NFL ALUMNI WebSite and any programs, services, tools, materials, or information made available through or from the NFL ALUMNI WebSite conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the NFL ALUMNI WebSite (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the NFL ALUMNI WebSite into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the NFL ALUMNI WebSite solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the NFL ALUMNI WebSite on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with NFL ALUMNI regarding access and usage privileges for the NFL ALUMNI WebSite, including, without limitation, a member services agreement with NFL ALUMNI. Nevertheless, your personal use of the NFL ALUMNI WebSite will be subject to the obligations and restrictions regarding use of the NFL ALUMNI WebSite as set forth in this TOS.
2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by NFL ALUMNI through the NFL ALUMNI WebSite in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the NFL ALUMNI WebSite. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the NFL ALUMNI WebSite or in any way reproduce or circumvent the navigational structure or presentation of the NFL ALUMNI WebSite to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the NFL ALUMNI WebSite, (ii) attempt to gain unauthorized access to any portion or feature of the NFL ALUMNI WebSite, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the NFL ALUMNI WebSite or to any NFL ALUMNI server or to any of the services offered on or through the NFL ALUMNI WebSite, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the NFL ALUMNI WebSite or any network connected to the NFL ALUMNI WebSite, nor breach the security or authentication measures on the NFL ALUMNI WebSite or any network connected to the NFL ALUMNI WebSite, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the NFL ALUMNI WebSite, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the NFL ALUMNI WebSite or NFL ALUMNI's systems or networks or any systems or networks connected to the NFL ALUMNI WebSite, (vi) use any device, software, or routine to interfere with the proper working of the NFL ALUMNI WebSite or any transaction conducted on the NFL ALUMNI WebSite, or with any other person's use of the NFL ALUMNI WebSite, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NFL ALUMNI on or through the NFL ALUMNI WebSite, (viii) use the NFL ALUMNI WebSite to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the NFL ALUMNI WebSite (or any part thereof) without NFL ALUMNI express, separate, and prior written permission, or (x) use the NFL ALUMNI WebSite in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact NFL ALUMNI. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY NFL ALUMNI OR THROUGH THE NFL ALUMNI WebSite TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By downloading, accessing, or using the NFL ALUMNI WebSite in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the NFL ALUMNI WebSite, including, without limitation, when you provide information via a NFL ALUMNI WebSite registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, NFL ALUMNI reserves the right to terminate immediately your access to and use of the NFL ALUMNI WebSite. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the NFL ALUMNI WebSite. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from NFL ALUMNI in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the NFL ALUMNI WebSite (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the NFL ALUMNI WebSite is solely at your own risk. While NFL ALUMNI has endeavored to create a secure and reliable NFL ALUMNI WebSite, you should understand that the confidentiality of any communication or material transmitted to/from the NFL ALUMNI WebSite over the Internet or other form of global communication network cannot be guaranteed. Accordingly, NFL ALUMNI is not responsible for the security of any information transmitted to or from the NFL ALUMNI WebSite. You agree to assume all responsibility concerning activities related to your use of the NFL ALUMNI WebSite, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third party software and hardware necessary for implementation of the NFL ALUMNI WebSite, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the NFL ALUMNI WebSite shall only be available through the sole discretion of NFL ALUMNI or pursuant to the terms and conditions of a separate written agreement with NFL ALUMNI.
4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the NFL ALUMNI WebSite, you may provide NFL ALUMNI with additional content or information (a "Posting"). In connection with delivering and providing to NFL ALUMNI any such Posting, you hereby and automatically grant to NFL ALUMNI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the NFL ALUMNI WebSite and NFL ALUMNI's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide NFL ALUMNI with reasonable proof thereof (if requested)) required for NFL ALUMNI to use such content or information in connection with NFL ALUMNI's services and the NFL ALUMNI WebSite. Notwithstanding the foregoing, you acknowledge and agree that NFL ALUMNI shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights clearance or permission or to provide any necessary content or information for your use of the NFL ALUMNI WebSite in a timely or accurate manner. Moreover, NFL ALUMNI assumes no responsibility for the deletion of or failure to store any content or information.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the NFL ALUMNI WebSite, and/or to other specific portions or features of the NFL ALUMNI WebSite, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the NFL ALUMNI membership benefits until you execute and NFL ALUMNI accepts Your member application or agreement with NFL ALUMNI, in the form required by NFL ALUMNI. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the NFL ALUMNI WebSite, the latter terms shall control with respect to your use of that portion of the NFL ALUMNI WebSite. NFL ALUMNI's obligations, if any, with respect to its programs, services, tools, materials, products, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
6. DIRECTORY. NFL ALUMNI may make available through the NFL ALUMNI WebSite an on-line directory of NFL ALUMNI member information (the "NFL ALUMNI Directory"). In addition to any other terms and conditions set forth in this TOS, you acknowledge and agree that the NFL ALUMNI Directory shall be used only for personal purposes and that any information of the NFL ALUMNI Directory shall not be further published, displayed, or made accessible. Accordingly, unless NFL ALUMNI has provided its prior written consent, you acknowledge and agree that the contents of the NFL ALUMNI Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOS. You also acknowledge that a person or entity's listing in the NFL ALUMNI Directory represents only that such person or entity is registered with and an active member of NFL ALUMNI. NFL ALUMNI makes no further representations or warranties regarding any such person or entity (or the related information) listed in the NFL ALUMNI Directory, and any information made available through the NFL ALUMNI Directory is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranty of any kind.
7. USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the NFL ALUMNI WebSite, namely, the NFL ALUMNI member area, may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the NFL ALUMNI WebSite and to your account. Accordingly, by using the NFL ALUMNI WebSite, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User's user name and password. You will immediately notify NFL ALUMNI if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. NFL ALUMNI cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. NFL ALUMNI reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
8. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the NFL ALUMNI WebSite requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the NFL ALUMNI WebSite, you acknowledge and agree that your use of the NFL ALUMNI WebSite will constitute acceptance of NFL ALUMNI's personal identifying information collection and use practices. Please see NFL ALUMNI's Privacy Policy for a summary of NFL ALUMNI's personal identifying information collection and use practices.
9. POSTINGS. This NFL ALUMNI WebSite may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the NFL ALUMNI WebSite contains such communication forums (collectively, “Forums”), you agree that by using the NFL ALUMNI WebSite you will not post or transmit any of the following materials on the NFL ALUMNI WebSite’s Forums:
- anything that interferes with or disrupts the NFL ALUMNI WebSite or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of NFL ALUMNI,
- statements or material that misrepresents your affiliation with any entity and/or NFL ALUMNI,
- anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
- chain letters or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
- statements or material that are “off-topic” for a designated Forum, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the NFL ALUMNI WebSite.
As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. NFL ALUMNI encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
10. PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the Posting available to NFL ALUMNI and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that NFL ALUMNI has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the NFL ALUMNI WebSite NFL ALUMNI has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, NFL ALUMNI assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
11. NO PRE-SCREENING OF POSTINGS. NFL ALUMNI is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to NFL ALUMNI's right and ability to delete or remove a Posting (or any part thereof), NFL ALUMNI does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, NFL ALUMNI reserves the right to delete or take other action with respect to Postings (or parts thereof) that NFL ALUMNI believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to NFL ALUMNI or its products, services, and goodwill. If you violate this TOS, NFL ALUMNI may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the NFL ALUMNI WebSite. Moreover, it is a policy of NFL ALUMNI to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact NFL ALUMNI as provided below.
12. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the NFL ALUMNI WebSite. Accordingly, you expressly acknowledge and agree that NFL ALUMNI transfers no ownership or intellectual property interest or title in and to the NFL ALUMNI WebSite to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the NFL ALUMNI WebSite, unless otherwise indicated, are owned, controlled, and licensed by NFL ALUMNI and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, NFL ALUMNI does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the NFL ALUMNI WebSite may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that NFL ALUMNI does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of NFL ALUMNI's trademarks. This NFL ALUMNI WebSite is Copyright © 2011 National Football League Association and/or its licensors. All rights reserved. NFL ALUMNI also owns a copyright in the contents of the NFL ALUMNI WebSite as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the NFL ALUMNI WebSite. Any downloadable or printable programs, directories, databases, information, or materials available through the NFL ALUMNI WebSite and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by NFL ALUMNI. NATIONAL FOOTBALL LEAGUE ALUMNI ASSOCIATION, NFLA, NFL ALUMNI FOUNDATION, NFL ALUMNI, INC., NFL ALUMNI, the NFL ALUMNI logo, and all other names, logos, and icons identifying NFL ALUMNI and its programs, products, and services are proprietary trademarks of NFL ALUMNI, and any use of such marks, including, without limitation, as domain names, without the express written permission of NFL ALUMNI is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
13. FEEDBACK AND SUBMISSIONS. NFL ALUMNI welcomes your feedback and suggestions about NFL ALUMNI's products or services or the NFL ALUMNI WebSite. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to NFL ALUMNI, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to NFL ALUMNI and enable NFL ALUMNI to use such feedback. In addition, any feedback received through the NFL ALUMNI WebSite will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for NFL ALUMNI to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
14. LINKS TO OTHER SITES. NFL ALUMNI may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by NFL ALUMNI and are maintained by third parties over which NFL ALUMNI exercises no control. Accordingly, NFL ALUMNI expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
15. THIRD-PARTY PRODUCTS/SERVICES. NFL ALUMNI, in its sole discretion, may post the advertisements of third parties on the NFL ALUMNI WebSite and/or feature materials, programs, products, and services provided by third parties, including, without limitation, NFL ALUMNI's members. NFL ALUMNI makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the NFL ALUMNI WebSite are solely between you and such third party. Accordingly, NFL ALUMNI expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the NFL ALUMNI WebSite, and you agree that NFL ALUMNI shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the NFL ALUMNI WebSite.
16. DISCLAIMER. WHILE NFL ALUMNI ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE NFL ALUMNI WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NFL ALUMNI IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE NFL ALUMNI WEBSITE. MOREOVER, NFL ALUMNI MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE NFL ALUMNI WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE NFL ALUMNI WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NFL ALUMNI WEBSITE. NFL ALUMNI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NFL ALUMNI WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NFL ALUMNI ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE NFL ALUMNI WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
17. LIMITATION OF LIABILITY. You expressly absolve and release NFL ALUMNI from any claim of harm resulting from a cause beyond NFL ALUMNI's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL NFL ALUMNI BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE NFL ALUMNI WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NFL ALUMNI WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE NFL ALUMNI WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NFL ALUMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NFL ALUMNI FOR ANY REASON WHATSOEVER RELATED TO USE OF THE NFL ALUMNI WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NFL ALUMNI IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
18. INDEMNITY. You agree to defend, indemnify, and hold harmless NFL ALUMNI and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
19. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by NFL ALUMNI, you shall immediately (i) notify NFL ALUMNI of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform NFL ALUMNI of the results of such investigation, (c) assist NFL ALUMNI using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist NFL ALUMNI as reasonably necessary to enforce NFL ALUMNI's rights and to enable NFL ALUMNI to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
20. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New Jersey, U.S.A. as applied to agreements entered into and completely performed in the State of New Jersey. You and NFL ALUMNI each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of New Jersey for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against NFL ALUMNI must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and that each party has the right to seek attorneys' fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. NFL ALUMNI makes no representation that the NFL ALUMNI WebSite is appropriate or available for use in other locations outside the State of Maryland, and access to the NFL ALUMNI WebSite from sates, territories, or nations where any aspect of the NFL ALUMNI WebSite is illegal is prohibited. You access the NFL ALUMNI WebSite on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the NFL ALUMNI WebSite. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact NFL ALUMNI if you wish to receive a printed copy of this TOS.
21. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the NFL ALUMNI WebSite may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NFL ALUMNI reserves the right to view, monitor, and record activity on the NFL ALUMNI WebSite without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the NFL ALUMNI WebSite. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the NFL ALUMNI WebSite as well as to disclosures required by or under applicable law or related government agency actions. NFL ALUMNI will also comply with all court orders involving requests for such information. In addition to the foregoing, NFL ALUMNI reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the NFL ALUMNI WebSite, or any portion of the NFL ALUMNI WebSite, in order to protect the NFL ALUMNI WebSite, NFL ALUMNI, or NFL ALUMNI's business.
22. TERM AND TERMINATION. This TOS and your right to use the NFL ALUMNI WebSite will take effect at the moment you click "I ACCEPT" or you install, access, or use the NFL ALUMNI WebSite and is effective until terminated as set forth below. This TOS will terminate automatically if you click "I REJECT". In addition, NFL ALUMNI reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the NFL ALUMNI WebSite or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the NFL ALUMNI WebSite, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the NFL ALUMNI WebSite in your possession. In addition to the miscellaneous section below, the provisions concerning NFL ALUMNI's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
23. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to NFL ALUMNI, such injury would not be quantifiable in monetary damages, and NFL ALUMNI would not have an adequate remedy at law. You therefore agree that NFL ALUMNI shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that NFL ALUMNI post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NFL ALUMNI to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as NFL ALUMNI's licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without NFL ALUMNI's prior written consent. Failure by NFL ALUMNI to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by NFL ALUMNI of that or any subsequent default or failure of performance. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and NFL ALUMNI as result of this TOS or your utilization of the NFL ALUMNI WebSite. Headings herein are for convenience only. This TOS, along with the NFL ALUMNI's Privacy Policy, represents the entire agreement between you and NFL ALUMNI with respect to use of the NFL ALUMNI WebSite, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and NFL ALUMNI with respect to the NFL ALUMNI WebSite. Unless otherwise agreed to by NFL ALUMNI, please note that NFL ALUMNI reserves the right to change the terms and conditions of this TOS and the manner under which the NFL ALUMNI WebSite (and its functionality) is extended to you by providing you notice or a copy of such revised terms. NFL ALUMNI may also change or modify any aspect of the NFL ALUMNI WebSite. Your continued use of the NFL ALUMNI WebSite will be conclusively deemed acceptance of any change to this TOS or the NFL ALUMNI WebSite. If you have questions regarding the NFL ALUMNI WebSite or if you are interested in obtaining more information concerning NFL ALUMNI and its products or services, please contact NFL ALUMNI at memberservices@nflalumniplayers.com