Last modified: May 1, 2025

THIS IS A DONATION INTERFACE - THIS IS NOT A GAMBLING APPLICATION OR WEBSITE

These terms of use are entered into by and between You and the Company and the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of the Company’s applications, including any content, products, functionality, and services offered therein or on or through the foregoing or through www.sportsmo.org (collectively the “Sportsmo Interfaces”), whether as a guest, consumer, or a registered user.
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Please read the Terms of Use carefully before you start to use the Sportsmo Interfaces. By using the Sportsmo Interfaces, downloading the foregoing, or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, as may be found on one or more of the Sportsmo Interfaces, incorporated herein by reference as if fully set forth. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Sportsmo Interfaces and further agree to delete any copies or instances thereof immediately.
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The Sportsmo Interfaces are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. In order to create an account through any of the Sportsmo Interfaces, you must be 18 years of age or older. By using Sportsmo Interfaces, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are using the Sportsmo Interfaces on behalf of an entity or organization, you represent and warrant that you are authorized to accept these Terms of Use on such organization’s behalf and that such organization agrees to indemnify you and us for any violations of these Terms of Use, as more fully explained herein. If you do not meet all of these requirements, you must not access or use the Sportsmo Interfaces. The Sportsmo Interfaces products, services, and applications must be initiated, used, and downloaded by an adult at least 18 years of age or older with authority to form a contract, accept and abide by these Terms of Use, and accept the Privacy Policy and any other policies or guidelines incorporated herein by reference.

This policy applies to information we collect:

• Through any of the Sportsmo Interfaces.
• In email, text, or other electronic messages between you and the Company.
• Through mobile and desktop applications published by Company that you may download from, or that compose, any of the Sportsmo Interfaces.
• When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.

• Us offline or through any other means, including on any other website operated by Company or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Sportsmo Interfaces.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sportsmo Interfaces thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sportsmo Interfaces.
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Your continued use of the Sportsmo Interfaces following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access any of the Sportsmo Interfaces, so you are aware of any changes, as they are binding on you. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policies or guidelines promulgated regarding the Sportsmo Interfaces, your sole recourse is to stop accessing and using our Sportsmo Interfaces immediately.

Notwithstanding any terms to the contrary herein, the Company may choose to electronically deliver communications to you through email, posting messages through the Sportsmo Interfaces, updating these Terms of Use or other policies on one or more of the Sportsmo Interfaces, or through other reasonable methods. If the Company chooses to electronically deliver messages directly to you, you understand these messages may contain, transmit, or convey information about action taken either on your request or by or through your account. You agree to do business with the Company electronically through any of the above means and further agree to electronically receive notices, disclosures, communications, and information which the parties hereto stipulate shall satisfy any legal requirement to communicate in writing. An electronic notice will be deemed to have been received by you if sent via email upon sending by us. If you disagree with receiving electronic communications, you must immediately stop using the Sportsmo Interfaces.

The Company sources donations for universities and university foundations by bringing people together through a unique, gamified social media interface. We do not offer gambling or condone gambling that is not permitted under applicable law. We provide a platform and offer applications and services to bring people together to raise money for universities. To do this, donors follow instructions on our Sportsmo Interfaces, create or join groups of like minded individuals, and gamify donations by setting the milestones and/or events upon which they desire to increase their donations.
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Each such donation is subject to the review and approval of our Company, provided, however, the Company shall have no obligation to review of approve the same. Upon the achievement of a certain, preset amount of donations on a post-expense basis, the Company agrees to donate such amounts to the intended university, provided, however, the Company does not guarantee any specific amount will be achieved by all donors in the aggregate and the Company shall retain discretion when such donations shall be made. In the event a particular university does not achieve the preset milestone amount in a calendar year, the Company reserves the right to accumulate such donations with other amounts collected and make such a donation to a university of its choosing.
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While the Company does not guarantee the success of any university that is intended to receive donations under the applicable Sportsmo Interfaces, the Company agrees to use its commercially reasonable efforts to support each intended university. The existence of the Sportsmo Interfaces is not a solicitation of donations.
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When an individual creates a group or team through the Sportsmo Interfaces, such individual may invite others to join them in supporting a specific university. The Company agrees to be responsible to use the funds raised by each team in accordance with the terms of these Terms of Use, however, the Company has no role in and in no way guarantees or enforces the ways that such funds will be used. Any funds donated to a university shall be the responsibility of the university to properly report for tax purposes based on their net income or gross receipts (if any).
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Any individual that uses the Sportsmo Interface hereby grants to the Company a non-exclusive license to access and use the individual or team name thereby created, included any content created thereby or thereunder, including making a reasonable number of copies for commercial and non-commercial purposes, including for the promotion of the Sportsmo Interfaces.
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The Company reserves the right in its sole discretion to restrict individuals from utilizing the Sportsmo Interfaces if the Company believes such restriction is in the best interest of the Company or its purposes.
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Any individual that provides donations under any Sportsmo Interface is subject to these Terms of Use and recognizes all donations are at the donor’s sole risk. It is up to each donor to be aware of how such donor’s donations will be used, including the expenses to be charged to such donation prior to the ultimate donation to the applicable university. The Company does not represent or warrant any such funds will be used for any particular purpose.
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By donating money through the Sportsmo Interfaces, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. For most donations processed through the Sportsmo Interfaces, the Company utilizes Stripe, WePay, or another payment processor for payment processing. When making a donation via the Sportsmo Interfaces or services, you agree to any terms, conditions, or privacy policies of the third party payment processor being utilized. If you have any questions about such terms, conditions, or privacy policies, please contact the third party payment processor directly.
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In the event that any donation is cancelled, reversed, charged back, or refunded after the transfer of such donation, the amount cancelled, reversed, charged back, or refunded will be deducted from future payments to the non-profit beneficiary or recovered from the non-profit beneficiary’s account. You expressly agree that once a donation has been made by you into the Sportsmo Interfaces, you will have no further rights, title, or interest to such donation and regardless if you press any applicable button to donate such amount to a university, the donation will be considered made and nonrefundable once such funds are collected by the Sportsmo Interfaces. In furtherance of the foregoing, the Company reserves the right to aggregate funds that have been donated to the Sportsmo Interfaces but not thereafter donated to a specific university and make a general donation in the Company’s sole discretion to either a university or to a nonprofit that specializes in physical brain health and mental health.
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The Company makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. The Company will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any user, or any non-profit. You should consult your tax advisor as to the amount of your donation that is tax deductible.
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The Company agrees to use commercially reasonable efforts to provide you with a gift receipt upon request, not more than one (1) time per year, for any donations actually received and validated by the Company as originating from you. The Company will not be held liable for any reason for failing to be able to timely provide such gift receipt.
The Company may display the information about you and your donation on the Sportsmo Interfaces and may use this information to calculate aggregated statistics and populate infographics (e.g., leaderboards, graphs, and other visualizations) that are publicly displayed on the Sportsmo Interfaces.

The Company anticipates incurring transaction processing fees, data company fees, and management fees to manage the business prior to calculating and aggregating the net amounts to be donated.

We reserve the right to withdraw or amend Sportsmo Interfaces, and any service or material we provide on the Sportsmo Interfaces, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sportsmo Interfaces is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Sportsmo Interfaces, or the entire Sportsmo Interfaces, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Sportsmo Interfaces.
• Ensuring that all persons who access the Sportsmo Interfaces through your internet connection are aware of these Terms of Use and comply with them.
• Ensuring no restrictions prohibit your use of the Sportsmo Interfaces and that you aren’t located in a country subject to US Government embargo or that violates OFAC compliance.

The Sportsmo Interfaces and its text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Sportsmo Interfaces is owned, controlled or licensed by or to the Company and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Sportsmo Interfaces does not imply any affiliation, sponsorship, or endorsement of the Company by the respective owners of such trademarks or service marks, or that a license of any kind has been granted to the Company.

Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of the Content on the Sportsmo Interfaces is strictly prohibited, and may result in legal action against those engaging in such activities. In particular, but without limitation, users may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on the Sportsmo Interfaces, nor allow any third party to do so through the user or their device, even without the user’s knowledge. Any applicable statutory limitation or exception to copyright law or trademark law shall remain unaffected.

The Company uses commercially reasonable effort to ensure that the content provided on the Sportsmo Interfaces infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in the Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA section below.

These Terms of Use permit you to use the Sportsmo Interfaces for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sportsmo Interfaces, except as follows:

• Your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your browser or device for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sportsmo Interfaces for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not, and hereby agree not to:

• Modify copies of any materials from Sportsmo Interfaces.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Sportsmo Interfaces.

You must not access or use for any commercial purposes any part of the Sportsmo Interfaces or any services or materials available through the Sportsmo Interfaces.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sportsmo Interfaces in breach of the Terms of Use, your right to use the Sportsmo Interfaces will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sportsmo Interfaces or any content on the Sportsmo Interfaces is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sportsmo Interfaces not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, the Company will respond expeditiously to clear notices of alleged copyright infringement that are reported to the Company’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on the Sportsmo Interfaces that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to the Company by providing the Company’s designated copyright agent listed below with 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.
• Identify in sufficient detail the copyrighted work that you believe has 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.
• Identify the material that you claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit the Company to locate the material.
• Provide information reasonably sufficient to permit the Company to contact you, including a name, address, telephone number and email address.
• If possible, provide information sufficient to allow the Company to notify the owner/administrator of the allegedly infringing content.
• Include the following statements:
• “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
• “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Sign the notice.
• Send the notice to chaitan@sportsmo.org.
• Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

You may use the Sportsmo Interfaces only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sportsmo Interfaces:

The Sportsmo Interfaces may contain message boards, profiles, forums, bulletin boards, public-facing features, and other interactive features from time to time (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Sportsmo Interfaces.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Sportsmo Interfaces or otherwise provide to us will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sportsmo Interfaces or otherwise communicating such User Contribution directly to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, disclaim any intellectual property right to such User Contribution, and agree that any recommendation, idea, thought, suggestion, or improvement to the Sportsmo Interfaces that may be communicated by you to us shall be considered non-confidential, non-proprietary, and the Company may use any such User Contribution at its sole discretion without obligation to provide attribution and without further obligation to you.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sportsmo Interfaces. We are not responsible for the deletion or removal of any User Contributions of any applicant, user, or company for any reason. In the event of an account deletion, for any reason, any and all User Contributions and content may be deleted or lost.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sportsmo Interfaces or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sportsmo Interfaces.
• Terminate or suspend your access to all or part of the Sportsmo Interfaces for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sportsmo Interfaces. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Sportsmo Interfaces and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• itemInvolve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please contact us immediately for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

The information presented on or through the Sportsmo Interfaces is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sportsmo Interfaces, or by anyone who may be informed of any of its contents.

Sportsmo Interfaces may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Sportsmo Interfaces is operated by Sportsmo Foundation, a Texas nonprofit corporation (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively,  “Company”, “we”, “us”, or “our”). We may update the content on Sportsmo Interfaces from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sportsmo Interfaces may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on Sportsmo Interfaces is subject to our Privacy Policy which is found on our Sportsmo Interfaces. By using the Sportsmo Interfaces, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Sportsmo Interfaces may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on Sportsmo Interfaces.
• Send emails or other communications with certain content, or links to certain content, on Sportsmo Interfaces.
• Cause limited portions of content on Sportsmo Interfaces to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Sportsmo Interfaces or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Sportsmo Interfaces other than the homepage.
• Otherwise take any action with respect to the materials on Sportsmo Interfaces that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.

We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

The Sportsmo Interfaces may contain links to other sites, third-party plug-ins, and resources provided by third parties, as well as allowing you to integrate with third-party services and apps. If you choose to click on these links or otherwise use the interfaces, plug-ins, or apps, you understand your information may be shared with third-parties and the public more generally depending on how such third-party services function. Each of the foregoing, including links contained in advertisements, banner advertisements, and sponsored links, may be provided to you for your convenience only and in no way implies an affiliation, endorsement, approval, control, or adoption by us. We have no control over the contents or business practices of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We make no claims, and hereby disclaim, the security or adequacy of any such services, websites, or plug-ins. If you decide to access any of the third-party websites, plug-ins, or services linked to Sportsmo Interfaces, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The owner of the Sportsmo Interfaces is based in the State of Texas in the United States. We provide Sportsmo Interfaces for use only by persons located in the United States. We make no claims that the Sportsmo Interfaces or any of its content is accessible or appropriate outside of the United States. Access to the Sportsmo Interfaces may not be legal by certain persons or in certain countries. If you access the Sportsmo Interfaces from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sportsmo Interfaces will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sportsmo Interfaces for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SPORTSMO INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPORTSMO INTERFACES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SPORTSMO INTERFACES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPORTSMO INTERFACES IS AT YOUR OWN RISK. THE SPORTSMO INTERFACES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPORTSMO INTERFACES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SPORTSMO INTERFACES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SPORTSMO INTERFACES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPORTSMO INTERFACES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SPORTSMO INTERFACES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SPORTSMO INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPORTSMO INTERFACES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SPORTSMO INTERFACES, ANY WEBSITES LINKED TO IT, ANY DAMAGE OR INJURY RESULTING FROM HACKING OR UNAUTHORIZED ACCESS, ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS TO THE COMPANY’S SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR VIRUSES, ANY ERRORS OR OMISSIONS IN ANY CONTENT, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, ANY CONTENT ON THE SPORTSMO INTERFACES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO THE SPORTSMO INTERFACES FOR THE LAST 12 MONTHS PRECEDING THE DATE OUT OF WHICH LIABILITY FOR THE CLAIM AROSE. YOU UNDERSTAND AND AGREE THAT THE COMPANY WOULD NOT MARKET ITS SPORTSMO INTERFACES OR MAKE THEM AVAILABLE TO THE PUBLIC WITHOUT THESE LIMITATIONS OF LIABILITY AND, BY DOWNLOADING, USING, OR INTERACTING WITH THE SPORTSMO INTERFACES, YOU AGREE THESE LIMITATIONS OF LIABILITY ARE ACCEPTABLE, FAIR, AND ACCURATE OF YOUR AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE THE COMPANY (INCLUDING ITS AFFILIATES AND SUBSIDIARIES, IF ANY) AND ITS THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DISPUTES, DEMANDS, CONTROVERSIES, RIGHTS, OBLIGATIONS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SPORTSMO INTERFACES OR INFORMATION FOUND THEREON. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms of Use or your use of the Sportsmo Interfaces, (2) your violation of any law, rule, or regulation, (3) your violation of any third-party rights, (4) your User Contributions, (5) any use of the Sportsmo Interfaces’ content, services, and products other than as expressly authorized in these Terms of Use, or (6) your use of any information obtained from the Sportsmo Interfaces.

The parties hereto expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms of Use. All matters relating to the Sportsmo Interfaces and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sportsmo Interfaces shall be instituted exclusively in the chancery courts of the State of Texas. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SPORTSMO INTERFACES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

These Terms of Use are assignable by Company at any time, for any reason, without further permission or consent from any user. Users may not assign or transfer their rights or obligations under these Terms of Use in any way without the Company’s prior written consent. These Terms of use shall be binding upon and will inure to the benefit of the parties and their respective heirs, representatives, administrators, successors, and permitted assigns.

The Company reserves the right to interrupt the services and products in the Sportsmo Interfaces for any reason, including maintenance, updates, or changes. The Company also has the right to suspend or terminate the Sportsmo Interfaces altogether and, if such services are discontinued, the Company will allow a reasonable time not less than thirty (30) days for users to extract personal information, if any, and cease further subscription charges. The services or products contained in the Sportsmo Interfaces may be unavailable due to any number of force majeure events and, in such case, the Company will use commercially reasonable efforts to restore access as soon as reasonably possible. In the event the Sportsmo Interfaces services or products are interrupted continuously for more than ten (10) days in any month as a result of an intentional act or omission by the Company, users should contact the Company for a replacement period of time equal to such continuously interrupted period without additional charge. Except as otherwise provided for specifically herein, this shall be such users’ only remedy.

No user may reproduce, duplicate, copy, sell, resell, or exploit any portion of the Sportsmo Interfaces without the Company’s express prior written permission.

The Terms of Use and our Privacy Policy, including any other documents referenced herein or therein, constitute the sole and entire agreement between you and the Company regarding the Sportsmo Interfaces and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sportsmo Interfaces. Even after you are no longer a user of Sportsmo Interfaces, the terms and provisions contained herein that are intended to, or naturally, survive termination shall continue in effect.

All feedback, comments, requests for technical support, and other communications relating to the Sportsmo Interfaces should be directed to: chaitan@sportsmo.org.