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Rusty Acree, LLC, for itself, and on behalf of its affiliated companies (collectively, “QwikRef”),
owns, operates, and maintains this website and these web pages including, without limitation, the
website located at www.QwikRef.com, and its associated and/or successor websites, webpages, content
and other materials (collectively the “Site”) to provide to its customers (“You” or “Your”) sports
related data, to assist You in communicating with various sports leagues and conferences, to facilitate
greater understanding of game rules; official calls and rulings, schedule games, view game summaries,
replay reports, search games and to manage Your internal team data. Your access to and use of the Site
is subject to these Terms of Use and all applicable laws. You must accept and abide by these Terms of
Use as presented to You. No change, addition or modification is acceptable. If You do not agree to all
the terms as presented, You may not access, view or use the Site or any of its Licensed Content and
QwikRef will not agree to provide services to You. QwikRef provides links to these Terms of Use in
several places on the Site to simplify Your access to these Terms of Use and encourages You to read
them closely. By clicking the “I agree” button at the end of these Terms of Use, whether or not You
have read them, or by accessing, registering on or otherwise using the Site or any of its Licensed
Content, You agree, without limitation or qualification, to be bound by these Terms of Use.
1. Generally
The Site and all services and Licensed Content are licensed by QwikRef to sports leagues and conferences
(each a “Licensee”). You must be authorized by a Licensee in order to take advantage of the services
offered. Upon registration, You will be assigned a User ID and password which You must use each time
You wish to access the Site. You may access material posted on the Site or otherwise approved by QwikRef
(collectively, “Licensed Content”) for the sole and limited purposes set forth in the Site and these
Terms of Use. You may view and print portions of the Licensed Content for Your own internal use and
that of the Licensee who authorized Your use but not for resale or other commercial exploitation and
not for use other than as provided in these Terms of Use. Any other use of Licensed Content without
QwikRef’s prior written approval is strictly prohibited. Licensed Content includes without limitation
Qwikref’s proprietary database and all compilations thereof, all content and data and all other materials
from any source displayed and/or accessible through or as a result of using the Site and all Intellectual
Property Rights therein and thereto (collectively “Data” or “Database”). Licensed Content includes
Customer Data that resides on the Site in QwikRef’s proprietary format and data or other information
generated through Your use of the Site and/or that is derivative of Customer Data, including all reports,
documents and other materials generated through the Site that contain Data. Licensed Content does not
include the raw data, information, commentary and other material You upload or otherwise submit to the
Site (“Customer Data”).
2. The Service
While QwikRef uses commercially reasonable efforts to provide accurate information, many factors may
affect these efforts. Therefore, the Site, Licensed Content and services are provided for informational
purposes only. QwikRef cannot ensure or guarantee and does not warrant that its provision of the Licensed
Content or other services to You will meet Your particular needs or requirements or that the Licensed Content
provided by QwikRef through the Site is complete, accurate or current. All use of the Site is expressly
limited to the United States unless otherwise stated on the Site.
3. Confidentiality of Licensed Content
The Licensed Content is a confidential and proprietary trade secret of QwikRef (“Confidential Information”).
Confidential Information also includes the identity and any information of Licensees and their designated
users, QwikRef’s technology and architecture, platform, modules, program code, processes, methods, equipment,
formulae, financial and business data and strategies, business processes and operations and all information
and materials not generally known but commonly and uniformly treated as confidential. You must hold all
Confidential Information in confidence and not use it other than as permitted by these Terms of Use or
disclose it to anyone at any time, even after You no longer access the Site. In the event You breach this
confidentiality obligation or the obligations in connection with privacy and data security set forth below
or QwikRef’s ownership rights, You agree that QwikRef would be irreparably injured and shall be entitled
to seek equitable relief, including injunctive relief and specific performance as well as any relief available
at law. No bond shall be required to obtain such relief.
4. Privacy and Data Security/Consent to Obtain Information
QwikRef values its relationship with visitors and customers and uses commercially available technology to
safeguard any personal information collected through the Site. Unfortunately, the internet and certain
telecommunications connections are open mediums and no data transmission via facsimile or through the
internet is completely secure. You transmit Your personal information and any information in connection
with Your Licensee, team, players, or any school at Your own risk and QwikRef does not guaranty or warranty
the security of Licensed Content, Customer Data or other information You transmit to or from the Site.
QwikRef, its business partners and other companies providing services to or on behalf of QwikRef (such as,
without limitation, companies assisting with advertising and promotional campaigns, surveys, contests and
the like) may use various technologies, such as cookies and web beacons (1x1 pixels), to collect non-personally
identifiable information discernable as a result of Your visit. This may include, without limitation, Your
IP address, cookie information, web pages requested or viewed, date, time and domain type and responses to
surveys and advertisements. As technology evolves, QwikRef may gather information through other means as
well. Information gleaned from Your browser is automatically received and recorded on server logs. You
may set Your browser either to notify You when You receive a cookie or to refuse to accept cookies. However,
if You do so You may not be able to access all facets of the available services or access features of the
Site that require registration. QwikRef and/or its service providers may use this information for system
administration, to advertise to You via email or other means. They may also use and disclose non-personally
identifiable data derived from surveys, contests and sweepstakes, marketing, promotions and advertising
campaigns for reporting purposes, for scheduling and optimization of content delivery and, of course, if
required to do so by law.
Upon registration, You will be disclosing personal information over the internet. Personal information
is information You provide in any form that personally identifies You, such as Your name, address, e-mail
address, telephone number, and that is not otherwise publicly available. Personally identifiable information
You voluntarily provide is collected and stored to permit You to use the Site and Site services, receive
QwikRef literature and/or e-mail and for marketing and administrative purposes. You cannot communicate with
QwikRef for technical support services or access support links on the Site by telephone or via e-mail without
providing personally identifiable information. If You contact QwikRef or its service providers, a record of
that session or correspondence will be maintained. QwikRef and/or its service providers may also ask users
to complete surveys for research purposes. Other than as provided in these Terms of Use, or as discussed
with You in the process of providing technical support services, QwikRef will not trade, sell or share Your
personal information with or for use by any business without Your consent unless required by law or as
disclosed to You when the information is collected. If You do agree to permit QwikRef to share Your
information, QwikRef may do so with businesses that offer services that are complementary to those provided
by QwikRef or may otherwise be of interest to You as well as those providing services to QwikRef. These
businesses may then contact You directly with services or sample offers, personalized offers and information
or to ask for Your feedback on services and programs that may be of interest to You.
In addition to using it to provide the services, QwikRef uses personal information You provide in a number
of ways including, without limitation, to fulfill provide services, literature or other information, to
provide services support, answer questions, correct problems with the Site, contact You (for example, to
notify You of new or improved services or services uses or as may be requested by Your Licensee), to enlist
Your participation in campaigns or surveys, to customize Licensed Content, improve customer support services,
conduct research, advertising, marketing and promotional campaigns, and to provide anonymous reporting for
internal use and to third parties. In the course of providing services, QwikRef may refer You and/or provide
Your personal information, to other applicable service organizations or agencies which may contact You directly.
QwikRef and its service providers may combine information collected about You with information obtained directly
or through their affiliated companies, business partners or other companies. QwikRef may use any information
gained through or gleaned from the Site for any legal purpose, including without limitation, for purposes of
developing, using and making available to third parties (at no charge or for a fee) aggregated information,
such as regarding trends, services, security/privacy patterns and research, internal record keeping and reporting,
measuring and reporting learning, performance and other statistical information concerning any aspect of the
Site except that QwikRef will not disclose aggregated data in a manner that reasonably permits such information
to be identified with You. The Site allows You to choose to receive or stop receiving communications from
QwikRef and to update Your registration information. Should You wish to update Your information, be removed
from some or all of the QwikRef programs for which You previously registered or to prevent further use of Your
personal information, please follow the directions set forth in Section 13 of these Terms of Use. Please note
that if You register on a third party website through a link on Our Site or through another registration process,
You will need to follow the directions set forth on that website to unsubscribe or opt-out of receiving further
communications.
Notice to California residents about Your California privacy rights: In addition to the other rights described
in these Terns of Use, if You reside in California, You have the right to request information regarding the third
parties with whom QwikRef has shared personal information for direct marketing purposes during the past year. You
have the right to submit a request to QwikRef at its designated address and receive the following information within
30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the
immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information,
and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples
of its services or services. You are entitled to receive a copy of this information in a standardized format. Information
provided will not be specific to You individually. All such requests must be in writing and sent to QwikRef’s designated
address set forth in Section 12.
Except for any Customer Data or personally identifiable information QwikRef may collect from You under the guidelines
established in this Privacy and Data Security Section, any comments, blogs, discussions, data, images, audio, video,
text, services ideas, suggestions or enhancements, as well as anything embedded therein, material, information or
other communication You transmit, upload or post to the Site, generally and through the public forums, or email to
QwikRef (collectively, “Communications”) are non-confidential and nonproprietary. QwikRef has no obligation to
preserve the confidentiality of or refrain from disclosing any Communications. QwikRef has no liability for and
will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications
for any and all commercial or noncommercial purposes. Please exercise caution and discretion in disclosing personal
information through, including uploading photos to, any public forums.
If QwikRef were to merge with or be acquired by another company or if it were to cease operations, Your information
may be transferred to the surviving or acquiring company and will then be subject to that entity’s privacy policy.
Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify,
contact or bring legal action to enforce any of its rights, including against You or a third party, for nonpayment,
violation of any agreement, and to prevent injury to or interference with QwikRef’s rights or property, the rights
or property of other Site users or anyone else that could be harmed by such activities. QwikRef may disclose or
access account information when it believes, in good faith, that the law requires it, for administrative and other
purposes deemed necessary to maintain, service and improve QwikRef services and services and to protect its rights
or property. By accessing and using the Site, You agree that information You have provided may be used and disclosed
as described above or as these Terms of Use may be modified from time to time.
5. User Conduct/Use Restrictions
Your use of the Site is limited to the internal purposes of Your authorizing Licensee and its sports team(s).
You may not reproduce, download, disclose, distribute or disseminate any Licensed Content.
In general, QwikRef expects visitors to interact with QwikRef and other users of the Site in a courteous manner
and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any
nature or form on the Site, including via e-mail, post or other transmission will not be tolerated. Impersonation
of others or misrepresenting Your affiliation with QwikRef or another, such as a Licensee or team, is prohibited.
You may not upload to, distribute or otherwise publish through the Site any material that You know is false,
misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes
upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or
ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s
rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything
transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s
patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters,
pyramid schemes, solicitations, or commercial material of any sort to the Site, use the Site to solicit others,
advertise or promote anything. Framing, in line linking or other means of associating the Site, Marks or Licensed
Content with another or with any material, link or information not originating with QwikRef is expressly prohibited.
Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected
to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile
any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security
of the Site, users or other visitors is strictly prohibited.
You are solely responsible for Your Communications and Your activities on the Site. Although QwikRef will not, and has no
obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content and/or Your Communications
and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice
or liability of any notice or sort. Under no circumstances is or will QwikRef or its affiliates be liable in any way for
any Communications, Customer Data, Your or another’s use of the Site or any Licensed Content, including but not limited to
any errors or omissions in any Licensed Content or in the services provided by QwikRef, or for loss or damage of any kind
incurred as a result of the use of any Licensed Content via the Site. Information or claims provided by others through
any shared areas provided on the Site have not been reviewed or researched by QwikRef to substantiate such claims.
6. Indemnity
You agree to indemnify, defend, release and hold QwikRef, its officers, directors, suppliers, service providers, co-branders
or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and
costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything You
submit, transmit through or upload to the Site, Your use of the Site, Your connection to the Site, Your violation of these
Terms of Use, or Your violation of any Rights. In the event You provide registration or other information that is untrue,
inaccurate, fraudulent, or out of date, You agree to indemnify QwikRef for and hold it harmless from and against any and
all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) incurred, including
but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature
arising from or related to any claim, demand, action or proceeding alleged or initiated against QwikRef by You or any third
party arising out of or in connection with information You provide or Your use of the Site.
7. Modifications to the Site and these Terms of Use
From time to time QwikRef may change the Licensed Content, the services offered, disable certain features of the Site or expand
the Site’s capability. QwikRef also reserves the right at any time and from time to time to modify these Terms of Use, the Site
and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice and without liability to
You or any third party. You are responsible for regularly reviewing these Terms of Use.
8. Termination
QwikRef, in its sole discretion, may suspend or terminate Your access or use for any reason if QwikRef believes that You have
violated or acted inconsistently with the letter or spirit of the agreement between QwikRef and Your Licensee or these Terms
of Use. QwikRef may also, in its sole discretion and at any time, discontinue providing the Site, services or any part thereof,
with or without notice. You agree that any suspension or termination may be effected without prior notice, and acknowledge and
agree that QwikRef may immediately bar further access to the Site. QwikRef shall not be liable to You or any third party for
any suspension or termination of Your access to or use of the Site or services.
9. Links
The Site may contain links to other internet websites or resources. When You link to those sites, You leave the Site. QwikRef
has no control over such sites, their content and resources or the business practices or policies of operators of such sites.
The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the
linked sites or to our affiliates or partners. Please use caution and review the privacy policies of any sites that You visit
to learn more about their information-gathering practices. QwikRef expressly disclaims all responsibility or liability for the
availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or
liable for any advertising, services or other materials on or available from such sites or resources. The inclusion of any link
on the Site does not imply that QwikRef endorses the linked site. Your use of any links is at Your own risk. You further acknowledge
and agree that QwikRef shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with Your use of or reliance on any goods, services or materials available on or through any such link,
site or resource.
10. QwikRef’s Proprietary Rights
Everything You see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content and
services descriptions, is protected by all United States and international copyright and trademark laws, and may not be used except
as provided in these Terms of Use without QwikRef’s express written permission. The Site, Database, Confidential Information and
any related software or other technology used in connection with the Site (collectively, “Software”), the collection, compilation,
assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material
found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data
collected through the Site (all of which are included in and as the “Licensed Content”), is owned by QwikRef, its suppliers or
partners and used under license granted to QwikRef and contains proprietary and confidential information that is protected by all
applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, graphics, button icons and scripts,
page headers, services and service marks, individually or combined with one another and whether or not registered (collectively
the “Marks”), are proprietary to QwikRef, QwikRef affiliates, Licensees or other third party owners who have granted QwikRef the
right and license to use its Marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner
without the prior written consent of the applicable owner but especially not in a manner that is likely to cause confusion in the
marketplace or in any matter that disparages or discredits QwikRef or its affiliated companies or Licensees. This includes use of
the Site address or Marks in page text, as key words, meta tags or any other “hidden text.” You recognize and acknowledge that Your
submission of any Communications is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution
of any sort. QwikRef may use any such material in any manner for any reason without Your consent, fee or obligation to account to You in
any way, and, unless You and QwikRef agree otherwise in writing, QwikRef is and shall be the sole and exclusive owner.
11. Notices and Procedures for Making Claims of Copyright Infringement
QwikRef respects the intellectual property of others, and requires that its customers and visitors to do the same. QwikRef will
process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act
(“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to QwikRef. Upon receipt of notices complying with the DMCA, QwikRef will act to
remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to
remove or disable access to any reference or link to material or activity that is found to be infringing. If You believe that Your
work has been copied in any way that constitutes copyright infringement, please provide QwikRef with all of the information the DMCA
requires and any other applicable information. Notices of claimed copyright infringement should be directed as follows:
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