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On the Line Website Terms and Conditions

These On the Line Website Terms and Conditions (these “Terms”) are entered into between you (“you”) and On the Line, LLC, a Nebraska limited liability company (“us,” “we,” “our,” “OTL”) These Terms, together with any documents they expressly incorporate by reference (collectively, this “Agreement”) govern your access to and the use of our website located at https://www.athleticsontheline.com/ and any affiliated internet domain names operated by us (“Site”). OTL owns and operates the Site as a service to you. The Site also includes any and all services or products provided or made available to You via the Site.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND ALL INFORMATION AND SERVICES PROVIDED BY OTL ON THIS SITE AND ANYWHERE THE SITE IS EMBEDDED.

BY ACCESSING, BROWSING AND/OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS INCLUDING ALL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS AND CONDITIONS OF THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT IN SECTION 14. THIS SECTION IMPACTS YOUR ABILITY TO FILE CLAIMS AGAINST US IN COURT. PLEASE READ THIS SECTION CAREFULLY.

  1. AGREEMENT. By using or visiting the Site or any of the products or services offered through the Site, you expressly agree to be bound by these Terms and to follow the terms and conditions of these Terms and all applicable laws governing the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, and which are incorporated herein by reference. We reserve the right at any time to: (i) change the terms and conditions of these Terms; (ii) change the Site, including eliminating or discontinuing any offering, content, or feature; or (iii) change any fees or charges associated with any products and services available through the Site. We may modify these Terms from time to time without notice to you. You agree to review these Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Site will constitute your agreement to be bound by the modified terms and conditions of these Terms. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.

  2. LICENSE. Subject to the terms of these Terms, OTL grants you a limited, non-exclusive, non-transferable, and revocable right to access the Site for your internal personal use and not for any commercial use. If you provide OTL with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to OTL all rights in such Feedback and agree that OTL shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. OTL will treat any Feedback you provide to OTL as non-confidential and non-proprietary. You agree that you will not submit to OTL any information or ideas that you consider confidential or proprietary.

  3. OUR CONTENT. All information and content on the Site or available through the Site, including, without limitation, text, design, graphics, logos, icons, images, video and audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof (collectively, “Content”) is for your internal use only, and is the exclusive property of and owned by OTL, its licensors or its content providers, and is intended to educate and inform you about events, products and services offered or described on the Site. Content is protected by copyright, patent, trademark and other applicable laws. Nothing contained in these Terms shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, patent, trademark, or other proprietary right of OTL, its licensors or its content providers. Subject to your compliance with these Terms, you may access, copy, download and print materials displayed on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print. Any other use of such materials, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to us and our affiliates, is expressly prohibited without our prior written consent. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Use of the Site and Content for any purpose other than as expressly authorized in these Terms is a violation of our and/or our licensors copyrights and other proprietary rights and is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights by using the Site or Content. OTL, or its licensors or content providers, retain full and complete right, title and interest in and to Content, including all associated intellectual property rights, and provide Content to you under a license that is revocable at any time in our sole discretion. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity. We neither warrant nor represent that your use of Content on the Site will not infringe rights of third parties not affiliated with us. We also do not certify that technical difficulties will not arise during the download of Content made available for download or that the Content will download successfully.

  4. RESTRICTIONS ON USE OF MATERIALS. You also acknowledge that Content contained on this Site is and shall remain the property of OTL or any other party (each a “Contributor”) who has been involved in the preparation or publication of Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of Content, provided that these copies are made only for personal, noncommercial use and that you maintain any notices contained in Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. OTL authorizes you to view and use Content on this Site solely for your personal, noncommercial use. The use of Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without prior written approval from OTL. For permission to use Content from this Site, request written permission using the “Contact Us” section contained within these Terms and provide full attribution to OTL.

  5. PRIVACY

  1. OTL Privacy Policy. Your visit to the Site is also governed by the OTL privacy policy available at https://www.athleticsontheline.com/privacy (“Privacy Policy”) attached hereto and incorporated herein by this reference. Our Privacy Policy sets out the terms on which we process any personal information we collect from you, or that you provide to us, and OTL will store and process any information in accordance with these Terms.

  2. Children’s Online Privacy Protection Act. OTL does not knowingly collect or solicit personally identifiable information from children under sixteen (16) years of age. If you are a child under 16 years of age, please do not attempt to register for or otherwise use the Site or any services on the Site or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will promptly delete such information upon becoming aware. If you believe that a child under 16 years of age may have provided us personal information, please contact us in accordance with the “Contact Us” section contained within these Terms.

  1. CONTENT SUBMITTED BY YOU. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parents’ or guardians’ permission to use the services of OTL’s website and have received permission from your parent or guardian to agree to the terms and conditions of these Terms on your behalf).

Certain portions of this Site may be configured to permit users to submit content. You acknowledge and agree that you are responsible for any content you may submit through the Site, including but not limited to any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including but not limited to social media, LinkedIn, Facebook, X, survey responses, reviews and contests (collectively, “User Content”), including the legality, reliability, appropriateness, originality and copyright of all such User Content. By sending or transmitting User Content to us, or by posting such User Content to the Site, you hereby grant, and represent, and warrant that you have all rights, authorizations, permits, consents, permissions and the authority necessary to grant, (i) us and our designees, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publicly perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these Terms, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content submitted by you for each such user’s personal, non-commercial use. If we decide, in our sole discretion, to attribute User Content to you, you hereby grant us the right to use your name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name. You hereby irrevocably waive and assign to us any and all rights you may have in or with respect to any User Content you provide to us. You further agree that we are under no obligation to post, display or otherwise use any User Content, and we have no obligation whatsoever to compensate you any royalty or other amounts on any revenues or other consideration that we receive directly or indirectly from the use or display of your User Content or otherwise from the exercise of our rights granted under these Terms. You represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to us under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. 

  1. PROHIBITED USE. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without prior written consent from OTL. If your use of the Site or services on this Site is prohibited by applicable laws, then you are not authorized to use the Site or the Services on this Site. We will not be responsible for your use of the Site in any manner in violation of any law or regulation. You shall be solely liable for any and all damages resulting from any infringement of copyrights, trademark or other proprietary rights of any User Content that you provide to us.

Without limiting the generality of any other provisions of these Terms, you agree that you will not post, upload, or transmit any User Content that:

 

  1. is offensive, threatening, illegal, harmful, tortious, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;

  2. promotes illegal activities or conduct that is offensive, threatening, harmful, tortious, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;

  3. is false, misleading, or defamatory;

  4. is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;

  5. provides personal data such as phone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission of the subject of such personal data (including any photos of any children under age 18 without the express permission of the child’s parent or guardian);

  6. involves the transmission of unsolicited mass mail, spam, chain mail, junk mail, pyramid schemes, or otherwise interferes with other users’ enjoyment of the Site;

  7. falsely states or implies that User Content is sponsored or endorsed by us or our affiliates;

  8. contains restricted or password-only access pages or hidden pages or images;

  9. involves commercial activities, advertising or sales without our express prior written consent; or

  10. or involves sending or otherwise making available any material that contains viruses, defects, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of OTL’s, its affiliates’ or any third party web provider’s servers, computers, or networks. 

 

You further agree that you will not:

 

  1. use the Site for any unlawful purpose;

  2. restrict or inhibit any other User from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

  3. impersonate any person or entity, whether actual or fictitious, including any of our employees or representatives;

  4. express or imply that any statements you make are endorsed by us, without our prior written consent;

  5. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;

  6. engage in spamming or flooding;

  7. remove any copyright, trademark or other proprietary rights notices contained on the Site;

  8. “frame” or “mirror” any part of the Site;

  9. use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the structure or presentation of the Site or its contents without our prior written consent; or

  10. engage in any other unlawful or unreasonable, in our sole discretion, use of the Site or Content.

 

You agree to use the Site for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms.

 

  1. SITE MONITORING. You acknowledge and agree that we have the right, but not the obligation, to monitor the Site and the User Content that you or third parties transmit or post; to alter or remove any such User Content; to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our users; and to comply with legal obligations or governmental requests.  We do not guarantee the accuracy, integrity, or quality of the User Content.  However, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as to selectively publish certain User Content (such as positive User Content).

 

  1. THIRD PARTY LINKS. As a convenience to you, this Site may periodically provide links to other websites on this Site, which may be owned or operated by us, an affiliate or third parties (“Third-Party Sites”). Our decision to link to a Third-Party Site is not an endorsement, recommendation, or approval of the Content of any Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEB SITE, ANY PRODUCTS OR SERVICES THAT MAY BE OFFERED THROUGH SUCH THIRD-PARTY WEBSITES, OR THE PRIVACY OR OTHER PRACTICES OF SUCH SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND OTL SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. We provide these links only as a convenience and, therefore, we strongly encourage you to read and become familiar with the terms of use and privacy policies associated with any linked third-party website. Your use of any third-party websites, including, without limitation, your submission of content to such third-party websites and payment of services through such third-party websites, is at your own risk and subject to the terms and conditions of use for such third-party websites. We are not responsible for any losses, damages or liabilities of any kind whatsoever incurred as a result of your use of any linked third-party websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.

  2. DISCLAIMER OF ACCURACY, COMPLETENESS AND TIMELINESS. WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THE SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. WE RESERVE THE RIGHT TO MODIFY THE CONTENT AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON THE SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITE.

  3. WARRANTY DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND OTL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,  OR ERROR FREE BASIS, OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

THE CONTENT PROVIDED ON THIS SITE IS PROVIDED AS A SERVICE TO SUPPORTERS OF OTL AND MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS SITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. OTL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE USE OF THIS SITE.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU MAY BE PERMITTED TO COMMIT TO CONTRIBUTE MONEY TO CERTAIN UNIVERSITY AND COLLEGE SPORTS TEAM (AND AFFILIATED NIL COLLECTIVES) VIA THE SITE. PLEASE CONSULT YOUR TAX PROFESSIONAL PRIOR TO CONTRIBUTING MONEY VIA THE SITE. OTL DOES NOT REPRESENT OR WARRANT THAT ANY SUCH CONTRIBUTIONS ARE TAX DEDUCTIBLE.

  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OTL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA OR ANY INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR CONDUCT OR USE OR INABILITY TO USE THIS SITE, THE CONTENT OF THIS SITE, OR THE SERVICES PROVIDED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF OTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, OTL’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE VIA THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS OTL’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. INDEMNIFICATION. You agree to indemnify and hold OTL and its directors, officers, shareholders, partners, employees, affiliates, licensors, suppliers, advertisers, sponsors, successors, and assigns  harmless from and against any and all claims, suit, action, cause of action, and any resulting liabilities, damages (actual and consequential), losses, fines, penalties, costs and expenses (including attorneys’ fees) arising from, in connection with, or in any way related to any claims related to (i) your use of this Site (including any actions taken by a third party using your account), (ii) your violation of any applicable law, rules, and/or regulations, (iii) your User Content, and (iv) your violation of any terms and conditions of these Terms. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.

  2. ARBITRATION NOTICE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

For any dispute you have with OTL, you agree to first contact us in writing and attempt to resolve the dispute with us before seeking arbitration in accordance with this Section. If OTL has not been able to resolve the dispute with you promptly thereafter, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and OTL agree otherwise, the arbitration will be conducted in Douglas County in the State of Nebraska. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees, each in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction, as set forth in the Section immediately below, for matters related to data security, intellectual property or unauthorized access to this Site. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OTL EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. LAW AND JURISDICTION. These Terms shall be subject to, governed by and construed under the laws of the State of Nebraska, without respect to its conflict of laws principles. You agree that any legal action or proceeding between you and us for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Douglas County or Lancaster County, Nebraska, for any actions not subject to arbitration. Notwithstanding anything to the contrary herein, and in light of the nature of these Terms, you understand and agree that monetary damages may be insufficient to rectify a breach and that we will be entitled to equitable relief upon a breach of the Agreement by you, in additional to all other remedies available to us at at law.

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

  3. PAYMENT PROCESSING. Our Site may provide links to third-party service providers (“TPS”) to process transactions on our behalf (“Transaction(s)”). Any TPS will have their own terms of use and/or privacy policies, which we encourage you to read and review on their websites. If you wish to pay for services or make contributions online, you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other payment information. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

You acknowledge, understand, and agree that any Transactions involving a contribution by you for the benefit of a third-party will result in the transfer of your contribution amount to the designated third-party institution minus all service charges and fees as we and such third-party institution have negotiated. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism). You expressly understand and agree that OTL shall not be liable for any payments and monetary transactions that occur through your use of the Site.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Site. You agree that you will only use credit cards or payment methods belonging to you. You further agree that you will not attempt to conceal your identity by using multiple IP addresses or email addresses to use or to make Transactions on or through the Site. You acknowledge that complying with applicable laws is your responsibility, and you agree not to hold OTL liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement and may provide them with all information you submit to us in order to assist in any investigation or prosecution they may conduct.

You acknowledge and agree that contributions You make to college or university sports teams (or affiliated NIL collectives) via the Site, or any OTL mobile application, are subject to fees and other deductions (ex. processing fees, transaction fees and services fees) prior to distribution to the applicable college or university sport team (or affiliated NIL collective). For example, if You commit to contribute $50, applicable fees and other deductions will be subtracted from Your $50 contribution prior to distribution of the balance to the applicable college or university sport team (or affiliated NIL collective).

 

  1. ACCOUNT SECURITY. As a user of the Site you may have the opportunity to provide certain personal information to access portions of this Site.  The collection or use of such personal information shall be governed in accordance with OTL’s Privacy Policy. In order to access certain features of the Site (e.g., comments section), you will be required to register for an account with us (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, such as your e-mail address or, in the case of purchases, your name, billing/shipping address and credit card or payment information. This information will be held and used in accordance with our Privacy Policy.

You may never use another user’s Account without permission or permit another user to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. You are responsible for (i) keeping confidential any password that you created to use any aspect of the Site requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

We will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge. You may be liable for our losses or the losses of our contributors, third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “OTL Providers”) due to such unauthorized use.

  1. TRADEMARKS AND COPYRIGHTS. Trademarks, logos and service marks displayed on the Site are registered and unregistered trademarks of OTL, OTL Providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, expressly or implied, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. We reserve all rights not expressly granted in and to the Site and the Content. The trademarks, logos and service marks owned by us or OTL Providers, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, or in any manner that disparages OTL or its affiliates. Misuse of any trademarks, logos or service marks is expressly prohibited.  The Site and the Content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

  2. TERMINATION. These Terms shall remain in full force and effect while you use the Site. We may suspend or terminate these Terms and your access to and use of the Site at any time, with or without notice, for any reason at our sole discretion, which may result in the forfeiture and destruction of all User Content associated with you. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. OTL will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. All provisions of these Terms that by their nature survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  3. DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you have a good faith belief that material posted on or linked to or from the Site, including User Content, is infringing on your copyright, please send a written, signed notice of infringement to us, by fax or mail, at the address provided below under Contact Information. Your notice must meet DMCA requirements by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

In addition, if you have a good faith belief that a notice of copyright infringement has been wrongly filed by us against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices should be sent to us at the address provided below under Contact Information. Be aware that penalties may be imposed for false claims under the DMCA. You should consult your legal advisor before filing a notice or counter-notice.

  1. GENERAL. These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between the parties hereto. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. These Terms, including the policies incorporated herein by reference, comprise the complete understanding between you and us with respect to the subject matter thereof and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. Notwithstanding the foregoing, these Terms do not supersede or replace any license agreement  you may enter into that governs the access to or use of any mobile application provided or made available by Us. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

  2. CONTACT US. Please direct any comments or questions you have to [email protected].

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