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.