BROOMBALL.COM
Terms of Service

Broomball.com owns, operates and provides services to you (“User”), under the following Terms of Service and the Privacy Policy (collectively referred to as the “Terms”) and any other rules that may be posted on the Broomball.com web site (the “Site”). 

I. Consent and Agreement to the Terms of Service
 
BY ACCESSING, BROWSING AND/OR USING BROOMBALL.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY AND THAT YOU WILL COMPLY WITH ALL APPLICABLE U.S. LAWS AND REGULATIONS.

Do not use Broomball.com or any of the services offered through the Site if you do not or cannot agree to the Terms. Broomball.com reserves the right, in its sole discretion, to update, revise, or modify the Terms, and to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications and additional rules, polices, terms or conditions will be effective immediately and incorporated into these Terms as soon as notice of the change is provided, which may be given by any reasonable means including by posting to the Site. Continued viewing or use of the Site following notice provides your acceptance of any and all such additions, updates, revisions, supplements, modifications, etc.

Print a copy of these Terms of Service and the Privacy Policy and retain them for your records.

II.  Electronic Communications and Contracting

When you visit Broomball.com or send e-mails to us, you are communicating with us electronically. You also agree to form valid, binding electronic contracts by visiting, using or purchasing from Broomball.com. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

III.  Use of Broomball.com

  1. Access to Broomball.com.  You are responsible for obtaining your own computer hardware, software and Internet access in order to use the Site.  Broomball.com is not liable for and will not assist you with obtaining computer hardware, software or Internet access.
  2. Individual use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not in a manner that in any way suggests a connection, affiliation or any type of relationship between you, any business entity that you own or operate, and Broomball.com.

  3. Deep links and linking. Deep-linking to Broomball.com is prohibited, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of Broomball.com for any purpose, unless specifically authorized in advance by Broomball.com. Please contact Broomball.com to seek approval before creating any link to Broomball.com.

  4. Framing. Framing is absolutely prohibited. You agree not to create any frames at any other web sites pertaining to or using any of the content of Broomball.com for any purpose, unless authorized in advance by Broomball.com.

  5. Improper use of Broomball.com.  You may not use Broomball.com for or in connection with any of the following activities: (1) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or otherwise misrepresenting your identity or affiliation in any way; (2) using Broomball.com for any fraudulent or illegal purpose; (3) e-mailing, uploading, or otherwise transmitting or using Broomball.com in connection with the use, distribution or transmission of any harassing, defamatory, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise unlawful or objectionable material (as determined by Broomball.com in its sole discretion); and (4) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other spyware, malware, or computer programming routines, code or engines that are intended to damage, destroy, disrupt or impair a computer's functionality or the operation of Broomball.com. Broomball.com reserves the right to exercise its sole discretion in determining whether any use of Broomball.com is an improper use under these Terms.

  6. Your responsibility for your use of Broomball.com.  You represent and warrant that any information, data or material you provide to Broomball.com through any means, including but not limited to, part of registration, purchasing, subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.

IV.  Intellectual Property

  1. In general.  The term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights.

  2. Broomball.com’s intellectual property.  Broomball.com and the Broomball.com logo are the trademarks of Broomball.com.

    The Site and its contents,  including, without limitation, text, graphics, logos, button icons, images, drawings, animation, video clips, audio clips, literature and software are © 2008 Broomball.com, or are the property of its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. No portion of the materials on the Site may be reprinted or republished in any form, without the express written consent of Broomball.com.

    The compilation of all content on the Site is the exclusive property of Broomball.com and is protected by U.S. and international copyright laws. All software used on the Site is the property of Broomball.com or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except in accordance with these Terms or with the written permission of Broomball.com and any other applicable copyright owner. Use of Broomball.com for any purpose does not allow you to acquire any ownership rights. All rights not expressly granted hereunder are reserved to Broomball.com.

  3. Prohibited uses of Broomball.com.  You may not use the Site to: (1) transmit or post any copyrighted material, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (2) transmit or post any material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (3) transmit or post any material that infringes on any Intellectual Property Rights (as defined above in section III. A.) of others or violates anyone else’s privacy or rights of publicity.

  4. Rights to material you provide to Broomball.com.  Unless otherwise expressly agreed between you and Broomball.com in advance, you agree that: (1) all material provided to Broomball.com will become the property of Broomball.com; (2) Broomball.com has the right to publish the material you provide for any type of use including promotional and advertising purposes, in accordance with the terms set forth in the Privacy Policy, without compensation to you of any kind; (3) material that you submit to Broomball.com will not be kept confidential for all purposes; and (4) when you submit material to Broomball.com, you automatically grant, represent and warrant that the owner of such content has expressly authorized you to grant Broomball.com a royalty-free, perpetual, irrevocable, world-wide exclusive license to use the material in any manner, media or form now known or hereafter developed. Broomball.com shall have the right to sublicense its rights.

  5. No Claims to Third-Party Intellectual Property.  No claim is made by Broomball.com to the intellectual property of other individuals, companies, or entities.

V.  Security

Broomball.com values your business and is committed to doing everything possible to make our online ordering process secure.

  1. Secure ordering process.  Any credit card information you enter on our site is strongly encrypted by industry-standard protocol, SSL (Secure Sockets Layer). The Broomball.com web site uses SSL to communicate with secure browsers like Firefox, Safari, and Internet Explorer. These browsers encrypt your credit card and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server.

  2. Limits on security.  The security measures employed by Broomball.com may not prevent all loss, misuse or alteration of information on the Site. Broomball.com is not responsible for any damages or liabilities relating to or caused by any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when transmitted over the Internet. Please note that the Broomball.com may contain links to other web sites. Broomball.com is not responsible for and cannot guarantee or warrantee the security, privacy practices or content of other web sites.

  3. Other ordering methods.  If you are still unsure about giving your credit card information over the Internet, please feel free to mail your order to us with telephone contact information.  We will call you for your credit card information. Do not send your credit card information by email. For telephone ordering or assistance, please call 218.393.1837. If you have any further question regarding your online security, please contact us at 218.393.1837 or e-mail us at sales@broomball.com.

  4. Security violations, cracking and hacking. Attempts to violate Broomball.com’s security measures will not be tolerated and any such attempt is strictly prohibited.  By using the site, you agree not to: (1) access data or materials not intended for you or for public disclosure; (2) attempt to log into a server or account that is not your own or to which you are not authorized to access; (3) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (4) attempt to interfere with service to any user, host or network, including but not limited to, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" Broomball.com.

    Violations of system or network security may result in civil or criminal liability. Broomball.com reserves the right to investigate occurrences which may involve such violations and will involve or cooperate with law enforcement authorities to prosecute users who have participated in such violations.

 

VI. Warranties and Remedies

  1. WARRANTY DISCLAIMER. The products sold by and content, services, information and ability to access Broomball.com are provided to you on an "as-is" basis.  BROOMBALL.COM DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.

    Broomball.com does not warrant or represent that any part of Broomball.com will operate without interruption or without error.  Defects in Broomball.com may not be corrected.  Broomball.com does not warrant or represent that the Site or the servers or network that makes Broomball.com available to you are free from viruses, malware, spyware, or other harmful code or programs.  Broomball.com does not warrant or represent that access to the Site will always be possible or error-free.

    Broomball.com does not warrant or make any representations regarding the correctness or veracity of information provided on the Site. Verify information obtained from Broomball.com before relying on it. Broomball.com disclaims responsibility for the accuracy, content, availability, products, or services found on third-party web sites that link to or from Broomball.com. Broomball.com does not provide any warranty for products or services that have a manufacturer’s warranty. Broomball.com does not control and therefore cannot be held responsible for any material found on third-party web sites.

  2. LIMITATION OF REMEDIES.  You use Broomball.com at your own risk. BROOMBALL.COM SHALL NOT BE LIABLE FOR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES resulting from your use or inability to use Broomball.com.  Broomball.com’s total liability to you or any third-party shall not exceed one-hundred U.S. Dollars ($100.00) or the cost of the goods sold to you in a single order that is connected to the damages, whichever is greater, for any damages, losses, claims or causes of action.

VII.  Disputes and Indemnification

  1. Arbitration:  Where permitted by state law, you acknowledge and agree that any dispute between you and Broomball.com arising out your use of the Site shall be settled by arbitration in the State of Minnesota pursuant Minnesota State Law. If the law of your state of residence does not permit mandatory consumer arbitration, you agree to the choice of forum and choice of law provisions below.

  2. Duty to defend.  You agree that Broomball.com does not have any duty to defend you in connection with any dispute, lawsuit or cause of action.

  3. Choice of law: You agree that the Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to choice of law principles.

  4. Choice of forum:  You agree that any dispute not subject to the mandatory arbitration clause set out above shall be brought in Minnesota State Court in St. Louis County, Minnesota or if appropriate the United States District Court for the District of Minnesota. By using the Site, you waive any jurisdictional, venue, or inconvenient forum objections.

VIII. Other Terms

  1. Entire agreement.  This agreement is the entire agreement between you and Broomball.com, and takes precedence over all prior or contemporaneous oral or written agreements. 

  2. Modification.  Broomball.com may modify the Terms of Service at any time. The modified Terms of Service will be posted on the Site under a page titled “Legal Notice”, “New Terms of Service”, or similar title. You agree that such posting is valid notice of the modified terms.  Continued use of the Site after the Terms of Service are modified signals your agreement to be bound by the new Terms of Service.

  3. Severability:  If court of competent jurisdiction holds any part of this agreement to be unenforceable, the unenforceable provisions shall be limited or eliminated, and the remainder of the agreement shall remain in full force and effect.


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Copyright © 2003-2005 Broomball.com
P.O. Box 3192 Duluth, MN 55803
Phone/Text: 218.393.1837 | E-mail: sales@broomball.com