Website Terms and Conditions of Use
Last Revised: August 11, 2015
ATTENTION: ChalkTalkSPORTS.com, GoneForaRun.com and LuLaLax.com are each a wholly-owned entity of ChalkTalk SPORTS, Inc. ("ChalkTalk SPORTS"). These Terms and Conditions of Use set forth the basis on which you are permitted to access and use any of ChalkTalk SPORTS’ websites (the "Websites" and each individually, a “Website”). Please read these terms and conditions of use carefully before using any of the Websites. By accessing and using the Websites in any way, including, without limitation, browsing the Websites, you agree to and are bound by the terms and conditions of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use any of the Websites in any manner. These terms and conditions of use may be updated from time to time. Accordingly, you should check the date above that these terms and conditions of use were last revised and take notice of any changes.
OWNERSHIP OF INTELLECTUAL PROPERTY
All content included in the Websites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of ChalkTalk SPORTS and protected by U.S. and international copyright, trademark and other intellectual property laws, and all such rights are hereby reserved. Permission is granted to electronically copy and print hard copy portions of the Websites for the sole purpose of placing an order on any of the Websites or using any Website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Websites is strictly prohibited. All trademarks, logos, service marks and trade names are proprietary to ChalkTalk SPORTS or other respective owners that have granted that Website the right and license to use such intellectual property.
REGISTRATION, ACCOUNTS AND PASSWORDS
If you register and create an account on any of the Websites you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify ChalkTalk SPORTS of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. ChalkTalk SPORTS shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions of Use.
UNSOLICITED SUBMISSION POLICY
ChalkTalk SPORTS does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being "Submissions"). The purpose for this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services and strategies of ChalkTalk SPORTS. Please do not send your unsolicited Submissions to ChalkTalk SPORTS or anyone at ChalkTalk SPORTS. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to ChalkTalk SPORTS, (i) you will be granting ChalkTalk SPORTS and its affiliates permission to use your Submission in connection with the operation of its businesses (the "License"), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License, and (iii) any such Submissions will be considered non-confidential and non-proprietary communications. No compensation will be paid with respect to your Submission. ChalkTalk SPORTS will not be subject to any obligation of confidence with respect to your Submission.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Websites for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Websites in any manner that could damage, disable, overburden or otherwise impair any ChalkTalk SPORTS server or the network(s) connected to any ChalkTalk SPORTS server, or interfere with any other person's use and enjoyment of the Websites. You may not attempt to gain unauthorized access to the Websites or the computer systems or networks connected to any ChalkTalk SPORTS server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Websites.
Any links to third party websites are provided for your convenience only, and ChalkTalk SPORTS makes no recommendation or endorsement as to such websites or the products or services offered thereon.
You may link to the Websites, unless notified otherwise in writing by ChalkTalk SPORTS. However, you may not frame the Websites in a manner that may cause confusion to ChalkTalk SPORTS customers, nor may you interfere or attempt to interfere in any way with the operation of the Websites, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.
SPAM EMAIL AND POSTINGS
U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS
You acknowledge and agree that material on the Websites is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Websites, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
THE CONTENT CONTAINED IN THE WEBSITES IS PROVIDED BY CHALKTALK SPORTS, INC. FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.
ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITES THAT IS RELATED TO SUPPORT OF CHALKTALK SPORTS, INC. SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND CHALKTALK SPORTS INC., AND NOT TO THESE TERMS AND CONDITIONS OF USE. ANY MENTION IN THE WEBSITES OF NON-CHALKTALK SPORTS, INC. PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
LIMITATION ON LIABILITY
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL CHALKTALK SPORTS, INC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES OR ANY SITE LINKED TO THE WEBSITES, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITES; AND (ii) THE AGGREGATE LIABILITY OF CHALKTALK SPORTS, INC. OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) CHALKTALK SPORTS, INC. SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CHALKTALK SPORTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
NOTICES OF COPYRIGHT INFRINGEMENT
If you believe that material posted on any of the Websites infringes your copyright, you should provide notice of such infringement to the following person, who is ChalkTalk SPORTS’ designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):
ChalkTalk SPORTS, Inc.
151 Woodward Ave
Norwalk, CT 06850, USA
GOVERNING LAW AND JURISDICTION
The Websites are controlled and operated from within the United States, and ChalkTalk SPORTS does not represent that the Websites are appropriate for use outside the United States. If you access any of the Websites from outside the United States, you are responsible for compliance with any applicable local law. Your use of any of the Websites shall be governed in all respects by the laws of the State of Connecticut, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to any of the Websites shall be in the state or federal courts located in Fairfield County, Connecticut.