Welcome to Penalty Flag Down! These terms (“Terms”) govern your use of the Web sites, content and applications of Penalty Flag Down! (the “Service”). Please read them carefully.
1. About these terms. These terms serve as a contract between you and us. It has the same effect as an agreement in writing. We use the term “we” or “us” to mean Penalty Flag Down! and our affiliates, and we use the term “you” or “your” to mean either you as an individual or the entity on whose behalf you are accepting those terms.
2. We may change these terms. We may change these Terms at any time. The changes take effect after we post the changes. If you don’t agree to the changes, you must discontinue your use of the Service before the changes become effective. Otherwise, the new terms will apply to you.
3. About the Service. You understand and agree that we may discontinue or change any aspect fo the Service at any time. Our servicews are based in the United States and are not customized for use in anyother country. You must comply with the laws of your jurisdiction when you use the Service. We may link to other sites, but these links do not mean that we endorse the content of such sites or that we take responsibility for their content.
4. License Grant. We give you a personal, limited, non-transferable, no-assignable and non-exclusive license to access and use the Service for your persoanl use and subject to these terms.
5. Restrictions. You may not, nor permit any other party to:
* Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of the Service and its content;
* Export or re-export the Service or its technology and applications in violation of any United States export law or regulation;
* Violate these Terms, applicable laws, or the rights of others;
* Frame any of the Service’s Web sites, pages or other content;
* Scrape or use any manual automated process to capture data or content from the Service and its databases; or
* Attempt to gain unauthorized access, circumvent our registration process, or use any process to damage, disable, impair or otherwise attack the Service or its network and computers.
We may take any legal and technical remedites to prevent the violation of this provision and to enforce these terms.
6. Proprietary Rights. We and our licensors exclusively own all intellectual property rights, title and interest in any materials, content, broadcasts, applications, Web site organization and designs, trademarks, trade names and logos on the Service.
7. Your content. If we offer any features where users may post content and comments, you grant us a non-exclusive perpetual license to display, use, adapt and distribute your content on the Service. You agree that any content you post is original to you, or you have permission to post it, and that it does not infringe the rights of others. You may not upload, post or transmit any content that is defamatory, obscene, harassing, threatening, disparages races or religions, invades the privacy of others, or is, in our sole judgment, objectionable. We have no obligation to monitor or screen user postings and to remove such content, although we may do so in our sole discretion.
8. Term. Either you or we may cancel or terminate access to this Service and terminate these Terms any time without notice and for any reason.
9. Limitation of Liability. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS.
10. Disclaimer. WE PROVIDE THE SERVICE “AS IS.” WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT PENALTY FLAG DOWN! WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ALL TIMES AND PLACES. Penalty Flag Down! is not intended to provide individual advice, counseling or professional services. Your reliance on information provided on the Service is AT YOUR OWN RISK.
11. Indemnification. You agree to indemnify us, our parent, officers, directors, employees, agents, representatives, affiliates, licensors or volunteers from and against any loss, damage, liability or expense (including, but not imited to, reasonable attorney’s fees) incurred by or awarded against us, to the extent that it arises under a claim based upon any breach by you of your obligations or warranties under these Terms.
12. U.S. Government End Users. Any software products are “commercial items,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial software” and “commercial computer documentation,” as such terms are used in 48 C.F.R. 12:212 (Sept. 1995) and 48 C.F.R. 227.7202 (june 1995).
13. Transacting Electronically. You agree to accept these terms and transact with us electronically. We may provide notices by email or by posting a notice on the Service. You will need Internet access, a computer with a standard Internet browser such as Microsoft Explorer, Mozilla Firefox, Apple Safari, Google Chrome or Opera to review these terms, our Web sites and our notices. You will need a printer that works with your computer in order to print out a set of these terms.
15. General Terms. You may not assign your rights or obligations under these Terms. We may assign these terms at any time. Neither you nor we are an employee, agent, partner, joint venture or legal representative of the other. If any provision of these Terms is held unenforceable by a court of law, the remaining terms of this agreement shall remain in force and effect. These Terms serve as the final and complete agreement between you and us regarding your use of the Service. These terms shall be governed by, and interpreted under, the Laws of Ohio. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms. Section 7 through 15 survive termination of these Terms.
[Last Updated: December 5, 2012]