SPORToften, Inc. ("SPORToften") agrees to provide certain services (the "Services") to you pursuant to the following terms and conditions. As a condition to receiving the Services, you agree to be bound by these Terms and Conditions.

Terms of Service

(a) The Services include, but are not limited to, sending you emails and messages from SPORToften and its marketing partners with information and advertisements to your computer. The Services are currently provided to you free of charge. SPORToften and its marketing partners reserve the right to modify or discontinue the Services, or any features of the Services, temporarily or permanently, without prior notice to you, and you agree that SPORToften and its marketing partners will not be liable to you for any reason as a result of such changes.

(b) You agree to provide accurate, current and complete information when you register for the Services. You further agree to use reasonable efforts to update your user profile if and when any such information changes or is no longer valid. The information you provide when registering for the Services will be used to create personalized content for the emails and messages sent to you. You will have control over your profile and will be able to make changes based on your changing interests. The better the information you provide, the better the content SPORToften and its marketing partners will be able to send you. If you are under the age of thirteen (13) years, you must obtain your parent's or legal guardian's consent before using the Services.

(c) Unless otherwise provided, SPORToften hereby grants you a nontransferable, non-exclusive license to use the content of any emails or messages SPORToften sends you for personal, noncommercial use in accordance with these Terms and Conditions, and for no other purpose. You may not, however, modify, publish, create derivative works from, or sell any such information.

(d) To the extent the Services include bulletin boards, chat rooms or other message or communication facilities ("Forums"), you agree to use such Forums only to send and receive messages and material that are appropriate to the particular Forum. By way of example, and not as a limitation, you agree you will not, when using any Forum: (i) defame, abuse, harass, stalk, threaten, harm or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including minors; (ii) publish, post, distribute or disseminate any content that is defamatory, infringing, obscene, indecent, tortious, vulgar, libelous, invasive of another's privacy, hateful, or racially or ethnically or otherwise objectionable; (iii) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary licenses and consents; (iv) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services or another's use thereof; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (v) falsify the origin or source of software or other material contained in a file that is uploaded; (vi) advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose; or (vii) download any file that you know, or reasonably should know, cannot be legally distributed through the Services. You understand that any Forums are public, that postings and other communications on Forums are not endorsed by SPORToften, and that any such communications have not been reviewed, screened or approved by SPORToften. Notwithstanding the foregoing, you acknowledge that SPORToften shall have the right (but not the obligation) in its sole discretion to refuse or move any content or information in a Forum that SPORToften deems to violate these Terms and Conditions

Disclaimers

(a) The information SPORToften and its marketing partners provides may include inaccuracies or typographical errors. SPORToften and its marketing partners make no representations about the suitability of the information provided to you for any purpose. All such information is provided "as is" without warranty of any kind. SPORToften hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.

(b) SPORToften and its marketing partners do not make any warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected; nor do SPORToften and its marketing partners make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services.

(c) You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or wireless device, or loss of data, that results from the download or receipt of such material and/or data.

(d) The email communications and messages you receive from SPORToften and its marketing partners may contain links and pointers to Internet sites that are not maintained by SPORToften. SPORToften does not operate or control in any respect any information, products or services on such sites. These links and pointers are included solely for your convenience, and do not constitute any endorsement by SPORToften and/or its marketing partners. You assume sole responsibility for use of any links and pointers contained in email communications or messages. SPORToften or its marketing partners send you. SPORToften does not make any warranty regarding any goods or services purchased or obtained through or from the Services, or any transactions entered into by use of or through the Services. You may be subject to additional terms and conditions or legal requirements, imposed by third parties, if you use any links or pointers included in email communications or messages from SPORToften or its marketing partners.

(e) Any health or medical information provided by SPORToften or its marketing partners is general in nature and designed to help you discuss your unique medical or health concerns with your physician or qualified health care provider. You should not rely on the information as a substitute for personal medical or health care advice, or for diagnosis or treatment purposes. Always consult your physician or other qualified health care provider as soon as possible about any medical or health-related question.

(f) You should not rely on any financial or legal or tax information provided by SPORToften or its marketing partners as a substitute for advice from qualified tax, legal and financial advisors.

(g) No advice or information, whether oral or written, obtained by you through the Services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Disclosure of Information

(a) SPORToften will use commercially reasonable efforts to keep personally identifiable information about you or your private communications confidential. SPORToften may disclose such information if SPORToften believes such disclosure is reasonably necessary; (i) to comply with the law or legal process; (ii) to protect or defend the rights or property of SPORToften or others; (iii) to enforce these Terms and Conditions or the Privacy Policy; (iv) to respond to claims that the contents of any communications violate the rights of others; (v) pursuant to a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of the company or its affiliated entities; or (vi) as otherwise provided herein.

(b) Unless you consented otherwise, SPORToften does not currently sell or rent specific information about users of the Services. If you would like to ensure that SPORToften never sells or rents specific information about you to third parties, please send a blank email to privacy@sportoften.com. SPORToften may, however, disclose aggregate demographic data about users of the Services to advertisers or other third parties.

Limitations on Liability

(a) Except as otherwise required by law, under no circumstances, including, without limitation, negligence, shall SPORToften or its subsidiaries, affiliates, officers, directors, employees, agents, stockholders or marketing partners be liable to you for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Services, or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into by means of or through the Services, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if SPORToften has been advised of the possibility of such damages.

(b) You agree that SPORToften is not liable for any failure to deliver, hold, or store email or messages transmitted through the Services. You agree that SPORToften does not endorse the subject matter of any content of communications transmitted through the Services. You also agree that SPORToften shall not be responsible or liable to you, or to anyone, for the statements or conduct of any third party on or arising from use of the Services. If you are dissatisfied with the Services, your exclusive remedy is to discontinue use of the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above may not apply to you.

Indemnification

As a condition of use of the Services, you agree to indemnify SPORToften and its subsidiaries, affiliates, officers, directors, employees, agents, stockholders and marketing partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of or relating to your use of the Services, including without limitation any claims alleging facts, that if true, would constitute a breach by you of these Terms and Conditions. SPORToften may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by SPORToften will not, however, excuse you from any of your obligations hereunder.

Termination

You agree that SPORToften or its marketing partners may, in their sole discretion, change, terminate or bar access to the Services for any reason, with or without notice to you and without any liability to you or any third party. The following provisions of these Terms and Conditions survive its termination: Disclaimers, Disclosure of Information, Limitations on Liability and Indemnification. Termination will prevent you from using the Services and cease your subscription for any emails or messages hereunder.

General

(a) SPORToften reserves the right to change these Terms and Conditions at any time. SPORToften reserves the right to charge a fee for any of its Services in the future. You are responsible for reviewing these Terms and Conditions on a regular basis. Continued use of the Services following any such changes shall constitute your acceptance of such changes. You may terminate your subscription for the Services at any time by sending an email, with your email address, to privacy@sportoften.com.

(b) SPORToften reserves the right to deny access to the Services to anyone at anytime.

(c) These Terms and Conditions shall be deemed to have been made in the State of North Carolina, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of North Carolina, U.S.A., without regard to conflicts of law principles. You consent to the exclusive jurisdictions of the state and federal courts for the State of North Carolina, U.S.A., for the determination of any claim or controversy arising out of or relating to these Terms and Conditions. You hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

(d) You acknowledge that no joint venture, partnership, employment, or agency relationship exists with SPORToften or its marketing partners as a result of these Terms and Conditions or use of the Services. You agree not to hold yourself out as a representative, agent or employee of SPORToften or its marketing partners.

(e) If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and limitations on liability set forth above, 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 the remainder of these Terms and Conditions shall continue in effect.

(f) These Terms and Conditions constitute the entire agreement between you and SPORToften with respect to the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SPORToften with respect to the Services. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Please email privacy@sportoften.com with your thoughts, questions and suggestions.