TERMS AND CONDITIONS

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1. Limitations of use

You agree that you will use the Service solely for your own personal, non-commercial, lawful purposes, and in accordance with these Terms. You agree that you will only use the Service to make legitimate inquiries, reservations or purchases, and will not use the Service for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and will not send automated queries of any sort to the Service.

2. Changes

Easy Street Sports reserves the right to modify or terminate the Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Easy Street Sports reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you will be aware of any changes. Your continued use of the Service following any change will be subject the Terms in effect at the time of your use. Except as expressly described in this Section 2, you and Easy Street Sports can only modify these Terms in a written document signed or otherwise accepted by you and by us.

3. Privacy

Easy Street Sports privacy policy is available for your review at http://www.easystreetsports.com/privacy.aspx. You consent to the information practices and disclosures set forth in that policy, and agree that those practices are reasonable.

4. Disclaimer of Warranty

THIS SERVICE IS PROVIDED BY EASY STREET SPORTS "AS IS" AND YOU USE IT AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. EASY STREET SPORTS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law.

5. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL EASY STREET SPORTS OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF EASY STREET SPORTS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF EASY STREET SPORTS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. IN NO EVENT SHALL EASY STREET SPORTS'S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF EASY STREET SPORTS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

6. Indemnification

You agree to defend and indemnify Easy Street Sports, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Service.

7. Copyright and Tradmark Notices

All rights reserved. Easy Street Sports' logos are trademarks of Easy Street Sports. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Service and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.

8. Miscellaneous

You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If Easy Street Sports fails to act with respect to your breach of these Terms or anyone elseís breach on any occasion, Easy Street Sports is not waiving our right to act with respect to future or similar breaches. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms are shall continue in effect. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and the Easy Street Sports with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Easy Street Sports with respect to the Service.