Terms and Conditions – Ultra Pro Sports

Last updated: Jan 11, 2024

By accessing, browsing and/or using www.ultraprosports.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound to these terms (“Terms”) and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use the Site. Your use of the Site constitutes your acceptance of these Terms.

By using this Site, you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

Personal Information & Privacy

All personal information that you provide to us via this Site is subject to our Privacy Policy. The Privacy Policy is expressly incorporated into these Terms by this reference.

Your Use of the Site

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Site’s owner or its third party advertisers, lead purchasers, and/or content suppliers and is protected by international copyright laws. The compilation of all content on this Site is the exclusive property of the Site, and is protected by copyright laws. You may not use any proprietary graphic or trademark featured on the Site without express written permission.

The Site hereby grants you a limited license to use the Site subject to these Terms. No other use of the Site is authorized, and the design and layout of the Site are specifically excluded from the above limited license. Framing of the Site is strictly prohibited.

The products, technology, and/or processes described and/or used on the Site may be the subject of intellectual property rights reserved by the Site and third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party (including any trademarks).

In conjunction with your use of the Site, you are prohibited from:

Using the Site in any manner that is prohibited by law or regulation, or to facilitate a violation of any law or regulation;
Using, copying, reproducing, modifying, or creating derivative works of the Site, or any content featured therein;
Transferring, leasing, lending, sublicensing, reselling or otherwise distributing or allowing any third party to access any portion of the Site intended for your use;
Attempting to or modifying, reverse engineering, decompiling or disassembling the Site or converting them to any other format or medium;
Removing, obscuring, or altering any legal notices, including any notices of intellectual property rights appearing on the Site;
Making any changes to the content of the Site;
Transmitting unlawful, fraudulent, offensive, obscene, pornographic, abusive, harassing, threatening, discriminatory or otherwise obscene material or sending defamatory or libelous messages through the Site;
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization, or bypass, modify, defeat, violate or circumvent security features that protect the Site, including but not limited to accessing data not intended for you or logging into a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; and/or interfering or attempting to interfere with service to any user, host or network, including by means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing;
Using, posting, transmitting or introducing any device, software or routine which interferes or attempts to interfere with the operation of the Site;
Using any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, extract, acquire, copy or monitor the Site or any portion thereof, without our express written consent, which may be withheld in our sole and absolute discretion;
Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without the Site’s express written consent;
Using any meta tags or any other “hidden text” utilizing the Site’s name or trademarks without the Site’s express written consent;
Providing false or misleading information, to obtain unauthorized access to the Site;
Interfering with the use of the Site, or encouraging conduct that would give rise to civil liability; or
Impersonating any Site personnel or other persons or entities or using any electronic mail message, device, software or programming routine that would impair or interfere with the operation of this Site.

Any violation of system or network security may subject you to civil and/or criminal liability. We reserve the right, with or without notice, to immediately terminate your access to the Site in the event of any attempted violation or violation of these Terms, or any party’s intellectual rights; misuse of the Site; or other inappropriate conduct, as determined by the Site in its sole discretion, with or without notice to you and without liability to you. We may also pursue any other remedies available to it under applicable law.

Third Party Links

The Site contains links to third party websites. Similarly, links to third party websites may be featured in our newsletters, or in emails promoting the Site. No representations or warranties are made with respect to any information contained in or at such third party websites and there shall be no liability for any damages or injury arising from the content of such third party websites. No endorsement is made regarding the featured brands or advertisers, nor regarding their products or services. You agree to hold us harmless from any claims which you may have against a third party that you linked to or accessed via the Site.

Disclaimer; Limitation of Liability

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.

OUR LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL WE OR ANY OF OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR SERVICE PROVIDERS (COLELCTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY (INCLUDING THE PROTECTED ENTITIES) SHALL NOT EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.

Indemnification

You hereby indemnify, defend, and hold harmless the Site, its owner, affiliates, and all officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement

In the event that we determine, in our sole discretion, that you have violated these Terms, we shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to it under applicable law.

Choice of Law

The law of the State of Nevada without reference to their rules regarding conflicts of law shall govern use of the Site, the validity and construction of these Terms and the Privacy Policy, and the interpretation of the rights and duties arising under such.

Arbitration

Except as otherwise provided by applicable law, any and all controversies and disputes arising out of or related to the Site, these Terms, the Privacy Policy, and/or their interpretation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Las Vegas, Nevada. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining provisions of these Terms shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Severability; Waiver

If for whatever reason, any term or condition in these Terms is determined to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Updates to Terms

These Terms were published and last updated on Jan 11, 2024. The Site shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

Contact Us

To contact the Site with any inquiries or complaints, including any regarding these Terms, you may contact us via email at [email protected].