GUTTERBALL LLC, U.S.A. LEGAL TERMS AND CONDITIONS OF WEBSITE ACCESS

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Thank you for visiting the Terms and Conditions page of GUTTERBALL LLC's ("Guttrball") website. This page describes our legal agreement (the "Agreement") governing your use of Guttrball’s website at http://www.guttrball.com (the "Guttrball Website" or "Website").

 

1. Your Acceptance

BY USING AND/OR VISITING THE GUTTRBALL WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS OF WEBSITE ACCESS AND THE TERMS AND CONDITIONS OF GUTTRBALL’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://wwwguttrball.com/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. SHOULD GUTTRBALL MAKE ANY SUBSTANTIAL CHANGE TO THESE TERMS AND CONDITIONS, WE WILL PUBLISH AN AMENDMENT TO THIS AGREEMENT, or we may email you if you have not opted out of email notifications.

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2. Guttrball Website

This Agreement applies solely to the Guttrball Website, which may contain links to third party websites that are not owned or controlled by Guttrball. Guttrball has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Guttrball will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Guttrball from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Guttrball Website, and to read the terms and conditions and privacy policy of each other website that you visit.

 

3. Website Access

Guttrball hereby grants you permission to view, display, and download a single copy of the material on the Website, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Website in any medium, other than as expressly permitted herein, without Guttrball’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement. This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of the Guttrball Website or any portions thereof.

 

4. Copyright

The original content of the Guttrball Website, including without limitation the text, software, graphics, photos, and images (“Content”), are owned by or licensed to Guttrball, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Guttrball reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.

 

5. Trademarks

Certain names, logos and/or slogans contained in the Website, including all Guttrball logos and the marks "Guttrball" and "GUTTERBALL LLC", are the trademarks and service marks of Guttrball and/or its parent corporation. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Website shall be construed as conferring any license under any of Guttrball or its parent's trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.

 

6. User Submissions

The Guttrball Website may now or in the future permit the publication of communications or data posted by you and other users ("User Submissions"). Any User Submission that you post to the Guttrball Website shall automatically be deemed non-confidential. By posting a User Submission, you expressly grant Guttrball a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sublicense such rights.

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You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Guttrball or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.

Guttrball does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Guttrball expressly disclaims any and all liability in connection with User Submissions. Guttrball does not screen communications in advance, and shall not be responsible for screening or monitoring User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, Guttrball may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission.

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7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE GUTTRBALL WEBSITE SHALL BE AT YOUR SOLE RISK. GUTTRBALL PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GUTTRBALL, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GUTTRBALL MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL CONTAINED IN THE GUTTRBALL WEBSITE. GUTTRBALL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. GUTTRBALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GUTTRBALL WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GUTTRBALL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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8. Limitation of Liability

IN NO EVENT SHALL GUTTRBALL, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE GUTTRBALL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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YOU SPECIFICALLY ACKNOWLEDGE THAT GUTTRBALL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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YOU FURTHER ACKNOWLEDGE THAT THE MISUSE OF GUTTRBALL PRODUCTS CAN BE DANGEROUS AND MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE CONCERNING THE OPERATION OF GUTTRBALL IS FOR GENERAL REFERENCE, REGULAR USE OF GAME PLAY AND IS NOT IN ANY WAY A SUBSTITUTION FOR SAFETY TRAINING REGARDING MISUSE OF SUCH PRODUCTS. YOUR USE OF ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION AND USE OF GUTTRBALL PRODUCTS MAY NOT PREVENT SERIOUS INJURY OR DEATH.

 

9. Indemnity

You agree to defend, indemnify and hold harmless Guttrball, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Guttrball Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Guttrball Website. Guttrball shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.

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10. Export Control

The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the Website outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.

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11. General

You agree that: (i) the Guttrball Website shall be deemed solely based in Utah; and (ii) the Guttrball Website shall be deemed a passive website that does not give rise to personal jurisdiction over Guttrball, either specific or general, in jurisdictions other than Utah. This Agreement shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Guttrball that arises in whole or in part from the Guttrball Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah. This Agreement, together with the Privacy Policy at http://www.guttrball.com/privacy-policy and any other legal notices published by Guttrball on the Website, shall constitute the entire agreement between you and Guttrball concerning the Guttrball Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Guttrball’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Guttrball reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Guttrball Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

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