Last Updated and Effective: February 24, 2020
Vinik Sports Group Terms and Conditions
2. Additional Terms
3. Permitted Users
4. Child Online Protection Act Notice
6. Website Content
8. Your Responsibilities
9. Disclaimer & Limitations
13. Contact Us
Welcome to the Vinik Sports Group website! Please take a moment to review these Terms and Conditions (“Terms”), which apply to your use of the website located at www.viniksportsgroup.com (the “Website”) and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (with the Website, referred to collectively as the “Services”). VSG Enterprises LLC (“VSGE” or “We”) provides these Services to you (“you” or the “user”) and is located at 401 Channelside Drive, Tampa, FL 33602, USA. VSGE is a division of Vinik Sports Group (“Vinik Sports Group”).
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
2. Additional Terms
BY ACCESSING OR OTHERWISE USING THE WEBSITE AND/OR SERVICES YOU AGREE TO THESE TERMS. Any person or entity who interacts with the Website and/or Services through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Website and/or Services. If at any time you do not accept all of these Terms, you must immediately stop using the Website and/or Services. Certain areas within the Website and/or Services may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Website and/or Services, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms.
You may be required to confirm your acceptance of certain additional terms by clicking through buttons labeled with consent language (example, “I Agree” or “Okay”) or by taking other steps to indicate your acceptance of such terms. Those additional terms also become part of these Terms and govern your use of the relevant service or feature.
3. Permitted Users
To use the Services, you must be able to enter a binding contract with VSGE and you must not be legally barred from receiving services. You also must be above the age of majority where you live (usually 18 or 19 years old); or at least 13 years old with parent/guardian consent and agreement to Terms.
Any parent/guardian agreeing on behalf of a child over 13 agrees that the child’s use of the Services must be supervised by the parent/guardian, who is fully responsible for such use. Children under 13 may not use the Services and their parents/guardians cannot agree to these Terms on their behalf.
4. Child Online Protection Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as https://www.getwise.org/. The preceding link is provided for information purposes only. VSGE is not affiliated with https://www.getwise.org/ and this is not intended as an endorsement of https://www.getwise.org/ Internet website, services, or policies.
6. Website Content
You are responsible for your use of the Services, including complying with all applicable laws, rules or regulations. You agree that that any reliance or use by you of the Services is at your own risk. Material and software published on the Services, including hyperlinks, may be inaccurate or out-of-date and you agree that VSGE has no responsibility or liability for any inaccuracies, typographical errors and/or out-of-date material. Material and software on the Services may be changed or revised from time to time without notice.
The Services may contain hyperlinks to websites operated by third parties (“Third-Party Sites”). Such hyperlinks are provided for reference and convenience only and do not constitute endorsement or association of such Third-Party Sites in any way. VSGE has no control over Third-Party Sites and you agree that VSGE is not liable for any Third-Party Sites, or their availability, content, security, privacy policies or any other aspect of their operation and you use such Third-Party Sites at your sole risk. Unless expressly stated, VSGE does not endorse or warrant the reliability, quality or accuracy of any products, services, or business practices of any other party advertised or relating to any Third-Party Site. You are solely responsible for evaluating any content or advertisements, including accuracy, completeness or usefulness. VSGE may terminate such links at any time without notice.
All content included on the Website and/or Services, such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of VSGE or its Affiliates, suppliers or licensors, and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Website is the exclusive property of VSGE and protected by U.S. and international copyright laws. VSGE and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
VSGE respects the intellectual property of others. VSGE will respond to claims of copyright infringement that comply with applicable law in accordance with our Copyright Policy. If you believe your copyrighted material has been infringed, you may report this using the procedure described in our Copyright Policy.
The Website and Services may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this Website, you warrant to VSGE that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Disrespect the privacy of others or otherwise violate the privacy rights or rights of publicity of others;
Use the Website/Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Post, transmit or send any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the Services or to any of their users;
send unsolicited or unauthorized email on behalf of VSGE, including promotions and/or advertising of products or services;
Impersonate another person or entity or misrepresent your affiliation with any person or entity;
Make any commercial use of the Website/Services or its Content, including, without limitation, making any collection or use of any product listings, descriptions, prices, or images;
download, copy, or transmit any Content for the benefit of any other merchant;
misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website/Services;
conduct fraudulent activities on the Website/Services;
harvest or collect personally identifiable information about other users of the Website/Services;
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website/Service;
VSGE grants you a limited license to access and make personal use of the Website and/or Services and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms. You may make single copies of materials displayed on the Services for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Services. You may not distribute such copies to others, whether free or for charge or consideration, without prior written permission from VSGE or the copyright owner of the copied material. Requests to reproduce materials on the Services for distribution or other purposes should be directed to VSGE. (See Contact Us).
You may only use the Services for personal and noncommercial purposes and you agree not to use the Services for any purpose that is prohibited by these Terms or unlawful under applicable laws, rules or regulations.
Our Services may change from time to time, at our discretion, as we modify or add features. VSGE may stop (permanently or temporarily) providing any features within the Services to you or to users generally. VSGE retains the right to limit use and/or storage at our sole discretion at any time.
In consideration for granting you access to and use of the Services, you agree that VSGE and its third-party providers and/or partners may place advertising on the Services or information from the Services.
You agree not to use or help others use the Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls.
You agree not to misuse the Services, including by interfering with them or accessing them using a method other than the VSGE-provided interface. While using the Services, you shall not:
access, tamper with, or use non-public areas of the Services, VSGE’s computer systems, or the technical delivery systems of its providers, including but not limited to any backend technolog(ies) for any part of the Services;
probe, scan, or test the vulnerability of any system or network;
breach or circumvent any security or authentication measures;
access, scrape or search, or attempt to access, scrape or search, the Services by any means (automated or otherwise) other than through the currently available VSGE-provided interface (and pursuant to the applicable terms and conditions), unless expressly permitted under separate agreement with VSGE;
use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by VSGE or generally publicly available browsers;
use or cause to be used any “Internet robots,” “web spidering,” “offline readers,” or other automated systems to access the Services in an excessive manner or to send requests or messages to the Services at a much higher rate than would be possible for a human alone;
forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; or
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content or other materials in such a manner as to interfere with or create an undue burden on the Services.
Violations of Website or network security may result in civil or criminal liability. VSGE will investigate occurrences that may involve violations of the use of the Services and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other persons who are involved in any violations of the use of the Services.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the VSGE name or any of the VSGE trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services are and will remain the exclusive property of VSGE and its licensors. Any feedback, comments, or suggestions you may provide regarding VSGE or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By using the Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or your use of the Services shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of VSGE or any third party, except as expressly set forth and granted in the Terms.
8. Your Responsibilities
It is your responsibility to ensure that your use of the Services complies with the Terms and applicable law and to request prior written permission from VSGE for any uses not permitted or expressly specified in these Terms.
Accuracy of User Information
You agree to provide truthful and accurate billing and/or registration information through the Services and that if you fail to do so, you may be in violation of these Terms and your use of the Services may be terminated or suspended.
Certain features and areas of the Services may be available only with registration and login, which also requires valid e-mail address. If you are required to register and select a unique login and password (“Credentials”), you are responsible for safeguarding your account, so use a strong password and limit its use to this account. VSGE cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You should contact VSGE immediately if you suspect there has been any unauthorized use of your Credentials or you have other security concerns.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
9. Disclaimers & Limitations
No Warranties by VSGE
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Released Parties” refers to VSGE, VSG, and their parents, Affiliates, subsidiaries, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Released Parties make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and/or other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Released Parties or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR MATERIALS OR CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR MATERIALS OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VSGE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitations may not apply to you.
You agree to defend, indemnify and hold the Released Parties harmless from all claims or liabilities, including reasonable legal and accounting fees, allegedly resulting from your use of the Services or related Content, product or services in violation of these Terms.
In certain (hopefully unlikely) circumstances it may be necessary for VSGE to terminate all or any part of the Services, terminate these Terms, or suspend or cancel your account or privileges (see below).
Discontinuation of Services
VSGE reserves the right to suspend or stop offering the Services or any part thereof at any time, with or without cause, and with or without notice.
Suspension or Cancellation of Privileges
VSGE may suspend or terminate your privilege to use the Services or any part thereof at any time if we reasonably believe that (i) you have breached any of these Terms, (ii) you have created risk or possible legal exposure for VSGE, or (iii) our provision of the Services is no longer commercially viable. We will make reasonable effort to notify you at the e-mail address you have provided or when you next access your account, depending on the circumstances.
It is VSGE’s goal that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, VSGE is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with VSGE, you acknowledge and agree that you will first give VSGE an opportunity to resolve your problem or dispute. Accordingly, you agree that, if a dispute arises between you and VSGE, you will first contact VSGE customer service to describe the problem and seek a resolution. You may contact us as set out below. You then agree to negotiate with VSGE in good faith about your problem or dispute.
This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days, then you and VSGE agree to the following methods to resolve any dispute or claim between us. First, as set forth below, you agree that the Terms are governed by the law of the State of Florida, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration in accordance with the Agreement to Arbitrate below.
Agreement to Arbitrate
Please read this carefully. It affects your rights.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) arising out of or relating in any way to VSGE, these Terms, or your use of the Website and/or Services, or the like shall exclusively be settled through mandatory binding and confidential arbitration. This obligation of mandatory binding and confidential arbitration is mutual. The arbitrator will have the authority to award damages and temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under any statute, regulation, or legal or equitable theory. The Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless the parties otherwise agree in writing, arbitration shall be administered by the JAMS Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are different than in court.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Arbitration under this Agreement shall be held in Tampa, Florida or any other location we mutually agree to, subject to Florida law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief on your behalf.
Class Action Waiver
THE PARTIES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON AND YOU MAY NOT JOIN AS A CLASS MEMBER. ALSO, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Deadline to Pursue Claim
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
The Services are controlled and operated by VSGE from its principal office in Florida, United States of America. VSGE makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not intended to subject VSGE to the laws or jurisdiction of any state, country or territory other than Florida and the United States of America.
You may communicate with us via e‐mail, U.S. mail, phone, our Website (see Contact Us), mobile applications (if any) and other services. VSGE may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. By providing your e-mail address, you agree to receive notices via e-mail and that such notices have legal effect and satisfy any requirement that they be provided in writing.
VSGE may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an e-mail to the e-mail associated with your account and by indicating above the date the Terms were last updated (See Last Updated). By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with VSGE, and any’ inconsistencies among the different versions will be resolved in favor of the English version.
13. Contact Us
These Terms are an agreement between you and VSGE, 401 Channelside Drive, Tampa, FL 33602, USA. If you have any questions about these Terms or our Services generally, please free to contact us.
You may contact customer service using any of the following means:
• By Telephone: (813) 301-6800
• By U.S. Mail: Vinik Sports Group, 401 Channelside Drive, Tampa, FL 33602
• Via e-mail: firstname.lastname@example.org
Copyright ©2020 VSG Enterprises LLC. All rights reserved. Any rights not expressly granted herein are reserved. VSG Enterprises LLC is a division of Vinik Sports Group.