Terms and Conditions

General Terms

Your use of Ultra Unlimited’s services and web sites, i.e., www.sportsultra.com (referred to collectively as the "Services" in this document and excluding any services provided to you by Ultra Unlimited under a separate written agreement) is subject to the terms of a legal agreement between you and Ultra Unlimited. "Ultra Unlimited" means Ultra Unlimited Corp., whose principal place of business is at 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Unless otherwise agreed in writing with Ultra Unlimited, your agreement with Ultra Unlimited will always include, at a minimum, the terms and conditions set out in this document. Your agreement with Ultra Unlimited will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms.

The Terms form a legally binding agreement between you and Ultra Unlimited in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Ultra Unlimited in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Ultra Unlimited will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Ultra Unlimited, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Before you continue, you should print off or save a local copy of the Terms for your records.

Provision of the Services by Ultra Unlimited

Ultra Unlimited is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Ultra Unlimited provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that Ultra Unlimited may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Ultra Unlimited’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Ultra Unlimited when you stop using the Services.

You acknowledge and agree that if Ultra Unlimited disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

Use of the Services

In order to access the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Ultra Unlimited will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Ultra Unlimited, unless you have been specifically allowed to do so in a separate agreement with Ultra Unlimited. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with Ultra Unlimited, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that Ultra Unlimited has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Ultra Unlimited may suffer) of any such breach.

Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

Accordingly, you agree that you will be solely responsible to Ultra Unlimited for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify Ultra Unlimited immediately at 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808.

Privacy

For information about Ultra Unlimited’s data protection practices, please read Ultra Unlimited’s privacy policy at http://www.sportsultra.com/privacy.jsp. This policy explains how Ultra Unlimited treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with Ultra Unlimited’s Privacy Policy.

Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Ultra Unlimited (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Ultra Unlimited or by the owners of that Content, in a separate agreement.

Ultra Unlimited reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You understand that you use the Services at your own risk.

You agree that you are solely responsible for (and that Ultra Unlimited has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Ultra Unlimited may suffer) by doing so.

Proprietary Rights

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Service are protected by copyright and are owned or controlled by Ultra Unlimited or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from Ultra Unlimited or the copyright holder as identified on the Service.

MYULTRA, SPORTSULTRA, SportsUltra.com, and SportsYourWay are trademarks of Ultra Unlimited (collectively, the "Ultra Unlimited Trademarks"). You agree not to display or use the Ultra Unlimited Trademarks in any manner. Unless otherwise specified, the Ultra Unlimited Trademarks may not be used without prior written consent of Ultra Unlimited. All other trademarks or registered trademarks may be the property of their respective owners. Elements of the Service including, but not limited to, the "look and feel," may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by Ultra Unlimited.

Affiliation

SportsUltra.com and Ultra Unlimited are not affiliated with nor endorsed by Major League Baseball, The National Football League, The National Basketball League, The National Hockey League, Major League Soccer, The National Collegiate Athletic Association, or any MLB, NFL, NBA, NHL, MLS, or NCAA team.

Ending your Relationship with Ultra Unlimited

The Terms will continue to apply until terminated by either you or Ultra Unlimited as set out below.

If you want to terminate your legal agreement with Ultra Unlimited, you may do so by (a) notifying Ultra Unlimited at any time and (b) closing your accounts for all of the Services which you use, where Ultra Unlimited has made this option available to you. Your notice should be sent, in writing, to Ultra Unlimited’s address which is set out at the beginning of these Terms.

Ultra Unlimited may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Ultra Unlimited is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Ultra Unlimited offered the Services to you has terminated its relationship with Ultra Unlimited or ceased to offer the Services to you.

Nothing in this Section shall affect Ultra Unlimited’s rights regarding provision of Services under Section 3 of the Terms.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Ultra Unlimited have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 14, Paragraph 5 shall continue to apply to such rights, obligations and liabilities indefinitely.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ULTRA UNLIMITED’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, ULTRA UNLIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTRA UNLIMITED OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

ULTRA UNLIMITED FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ULTRA UNLIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH ULTRA UNLIMITED MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE ULTRA UNLIMITED WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON ULTRA UNLIMITED’S LIABILITY TO YOU IN SECTION 11, PARAGRAPH 1 ABOVE SHALL APPLY WHETHER OR NOT ULTRA UNLIMITED HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Changes to the Terms

Ultra Unlimited may make changes to the Terms from time to time. When these changes are made, Ultra Unlimited will make a new copy of the Terms available at www.sportsultra.com and any new Terms will be made available to you from within, or through, the Services.

General Legal Terms

The Terms constitute the whole legal agreement between you and Ultra Unlimited and govern your use of the Services (but excluding any services which Ultra Unlimited may provide to you under a separate written agreement), and completely replace any prior agreements between you and Ultra Unlimited in relation to the Services.

You agree that Ultra Unlimited may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if Ultra Unlimited does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Ultra Unlimited has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ultra Unlimited’s rights and that those rights or remedies will still be available to Ultra Unlimited.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Ultra Unlimited under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. You and Ultra Unlimited agree to submit to the exclusive jurisdiction of the courts located within the county of New Castle to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Ultra Unlimited shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.