2. OWNERSHIP RIGHTS & USE OF SITE MATERIALS
You acknowledge and agree that all names, images, likeness, trademarks and service marks (whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site, including all rights of publicity (collectively, the “Site Materials”) are the sole and exclusive property of, and are owned and controlled by, LRMR, its affiliates, owners, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this Site shall be construed as granting, expressly by implication or otherwise, any license or right to use any Site Materials without LRMR’s or the applicable owner’s prior written permission in each instance. LRMR reserves all rights in and to the Site and the Site Materials. The Site and the Site Materials (including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof) is protected as a compilation under the copyright laws of the United States and other countries.
This User Agreement permits you to use the Site for your personal, non-commercial use only. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the User Agreement, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by LRMR. Any use of the Site not expressly permitted by This User Agreement is a breach of This User Agreement and may violate copyright, trademark, and other laws.
3. USER ACCOUNT
4. AGE OF USERS
In accordance with the Children’s Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
5. INFORMATION YOU PROVIDE
6. USER INTERACTION
The opinions expressed by users and/or visitors of the Site (collectively, “Site Users”) are not necessarily those of LRMR, LeBron James or any entities thereof. All statements, advice, opinions expressed, and content provided by Site Users are those of such Site Users only, and we neither endorse nor shall be held responsible for such postings for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings or comments through the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online. LRMR has no control over, and shall have no liability for, any damages resulting from the misuse by any third party of information that you voluntarily make public through the Site or any part thereof. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and LRMR shall not be responsible or liable for) your interactions with other Site Users. LRMR is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users (“Interactions”), or any disputes arising therefrom. You hereby irrevocably release LRMR, LeBron James and/or any of their affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, shareholders, partners, licensors, representatives and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
This User Agreement is intended to be effective as a general release of and bar to all claims as stated in this Section. Accordingly, you expressly waive all rights under California Civil Code Section 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release. You acknowledges that the you may later discover claims or facts in addition to or different from those which the you now know or believe to exist with regards to the subject matter of this User Agreement, and which, if known or suspected at the time of executing this User Agreement, may have materially affected its terms. Nevertheless, you waive any and all claims that might arise as a result of such different or additional claims or facts.
7. PROHIBITED ACTIVITIES
You may not submit, post, upload or transmit any material or content on or through the Site that:
- violates or infringes in any way upon the rights of others;
- solicits, encourages, or promotes the use of illegal substances or activities;
- is unlawful, deceptive, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
- expresses or implies that any statements made by you are endorsed by LRMR or LeBron James;
- gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or
- contains nudity, obscene gestures, obscene language, advertising for products, commercial solicitations, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses), political campaign letters, chain letters, mass mailings, spam, software or other materials that contain harmful or disruptive components (e.g. viruses, worms, time bombs, Trojan horses).
We may, for your convenience, provide you with links to other websites from the Site (“Linked Sites”). LRMR is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. LRMR does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site.
9. ACCURACY OF INFORMATION
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. LRMR endeavors to ensure the accuracy of the information included in this Site. However, LRMR takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
10. COPYRIGHT INFRINGEMENT CLAIMS
- your address, telephone number, and email address;
- a description of the copyrighted work that you claim has been infringed;
- a description of the allegedly infringing material and of where the allegedly infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. MONITORING & REMOVAL OF CONTENT
We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this User Agreement or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
NEITHER LRMR NOR ANY PERSON ASSOCIATED WITH LRMR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LRMR NOR ANYONE ASSOCIATED WITH LRMR REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
USING, VISITING AND/OR BROWSING THE SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING ANY OF THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, FREEDOM FROM COMPUTER VIRUS, OR NON- INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION ON LIABILITY
IN NO EVENT SHALL LRMR, LEBRON JAMES AND/OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSORS, REPRESENTATIVES OR AGENTS (THE “LRMR PARTIES”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LRMR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LRMR PARTIES SHALL NOT BE LIABLE FOR “USER COMMUNICATIONS” OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations in Section 12 and 13 may not apply to you. Check your local laws.
17. NO WAIVER AND SEVERABILITY
The failure on the part of LRMR to enforce any part of this User Agreement shall not constitute a waiver of any of LRMR’s rights hereunder for past or future actions.
If any provision of these User Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement will continue in full force and effect.
Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of Ohio, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in Cleveland, Ohio.
Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by LRMR Parties, including, without limitation, LeBron James. The views and opinions expressed on the Site do not necessarily state or reflect those of LRMR Parties, including, without limitation, LeBron James