Terms of Service
General Terms of Service and User Agreement
This User Agreement (“Agreement”) applies to all web sites and other properties (the “Services”) owned or operated by LMS Media, LLC and its parent companies or subsidiaries (“NationalHSFootball.com”). The Agreement applies to each visitor and user of the Services. Additional terms apply to paying subscribers and are set forth below. By using the Services, you agree to abide by this Agreement.
NationalHSFootball.com may change this Agreement at any time and the changes will become effective 7 days after posting the revised Agreement. You may review the current agreement at any time at Terms of Service NationalHSFootball.com may notify you of changes via email or other notification methods for your convenience, but you are responsible for checking for such changes regularly, and your continued use of the Services after any changes constitutes your acceptance of the new Agreement.
Privacy Policy
NationalHSFootball.com believes in diligently protecting your personal information. By using our Services, you agree to the terms of our Privacy Policy (located at Privacy Policy), which is incorporated into this Agreement.
Service Limitations
NationalHSFootball.com uses reasonable efforts to ensure uptime for our Services. However, you agree that the Services are provided “as is” and without warranty of any kind with respect to loss of data, settings, user uploads, user-generated content, or other service interruptions. You expressly disclaim any warranty of any kind for the Services.
User-Generated Content
You are responsible for any content you upload, post, or otherwise make available on or through the Services (“UGC”). You may post only UGC that you own or have permission to post. You hereby agree that NationalHSFootball.com is not responsible for such UGC posted by you or posted by other users, and that the individual poster is solely responsible for such UGC, even if the content is libelous, obscene, or otherwise harmful, or if it infringes copyrights or other intellectual rights of another. You also hereby indemnify NationalHSFootball.com for any legal or other costs associated with you posting such UGC. Furthermore, you recognize that NationalHSFootball.com is neither responsible for screening this UGC, nor is it responsible for removing any UGC that is posted, except for requirements under law. However, NationalHSFootball.com may, at its discretion, remove or edit any UGC as it deems necessary, and NationalHSFootball.com is not responsible for notifying you or any third party of any such removal or edits or providing reasons for the removal or edits.
Messaging
You agree that the messaging functions of the Services, in addition to the message boards, chat features, or any other parts of the Services, shall not be used for harassment, threats, pornography, advertising (“spamming”), sending viruses or other malware, or any illegal purposes. NationalHSFootball.com reserves the right to restrict access to these functions without notice for any reason. You agree that NationalHSFootball.com is not responsible for maintaining the content stored in these messages, and any losses arising from the use of or inability to use these functions shall not result any liability whatsoever for NationalHSFootball.com.
Acceptable Use and Conduct
By registering for the Services, you agree that you will not:
1. Post any copyrighted content or any other content that infringes on the legal rights of intellectual property holders; 2. Post any remarks, images, or other UGC that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights of others; 3. Post viruses or other harmful spyware, adware, or spyware or post links to the same; 4. Post commercial advertisements without express written permission from NationalHSFootball.com; 5. Knowingly restrict or inhibit other users of the Services from using and/or enjoying the Services (i.e. “flooding”, etc.); 6. Otherwise behave in a manner inconsistent with generally accepted standards of behavior on community-driven sites and services.
Advertisements
NationalHSFootball.com may display advertisements (“Ads”) throughout the Services for services that are offered by third-party providers. You agree that NationalHSFootball.com is not responsible for any such services, your use or inability to use such services, or any damages that may result from your use of those services. In addition, although NationalHSFootball.com makes reasonable efforts to control the content of Ads shown on our Services, you hereby agree that NationalHSFootball.com is not responsible for the content of these Ads or any harm, including any spyware, adware, viruses, malware or other damages that may be delivered to you or installed on your computer as a result of one of these Ads. If you believe you have received a virus or other malware as a result of Ads on our Services, please contact us immediately at support@LMSMedia.com.
Subscriptions
In the event that products withing NationalHSFootball.com Services are subscription-based (“Subscription”) and require initial and periodic payment via debit or credit card. You should review the information provided about the Subscription during the registration process. You agree that if you purchase a Subscription, you are responsible for paying any and all charges relating to your Subscription until you elect not to renew the Subscription. Subscriptions renew automatically for the same time period as the previous Subscription period at the rate then in effect. Your renewal date is set forth on the “Plans” section under the “My Account” section of the NationalHSFootball.com website. This means that at the end of the Subscription period, we will charge you automatically for the next Subscription period to guarantee uninterrupted benefits. The debit or credit card you designated at registration will be charged no more than 24 hours prior to the expiration of the then current Subscription period. If you want to avoid renewing a Subscription, you agree that you must cancel 72 hours prior to the end of the then current Subscription period. If you sign up for a free trial, you must cancel 24 hours prior to the end of your free trial to avoid automatic charges associated with beginning your Subscription. You may cancel a free trial or elect not to renew a Subscription by emailing support@LMSMedia.com.
All Subscription fees, including renewals, are non-refundable. Subscribers must be 18 years old or have the permission of a credit card holder over 18 years old. You agree to provide true and accurate information about yourself during the registration and Subscription process, including correct name and address as well as email address, to facilitate any contact NationalHSFootball.com may need to have with you. Failure to do so may result in termination (see below).
Passwords and Access
You are responsible for safeguarding your account information, including your username and password for signing in to the Services. You agree that, except in the case of a lost or stolen card, you are responsible for any charges associated with the use of your account and/or Subscription.
Termination of Services
You acknowledge that NationalHSFootball.com may, in its sole discretion, terminate any or all of the Services, including your access to the Services, your ability to post UGC on the Services, or your Subscriptions, if NationalHSFootball.com believes that you have violated the terms of this Agreement in any way. You agree that any such termination may be done without prior notice and may be done without refund of any unused time on Subscriptions or other Services.
In addition, you agree that NationalHSFootball.com and/or its employees, contractors, or other third parties, may ban you from certain areas of the Services or from posting any and all forms of UGC on the Services, regardless of your Subscription status. In such an event, your Subscription fees remain non-refundable.
Please note that the accounts of repeat offenders will be terminated and such users will not be permitted to open new accounts with NationalHSFootball.com.
Limitation of Liability
You expressly agree that your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. NationalHSFootball.com, its officers, directors, employees, agents, partners, affiliates, and contractors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NationalHSFootball.com make no warranty that (1) the Services will meet your requirements; (2) the Services will be uninterrupted, timely, secure, or free of errors; (3) the information in or on the Services will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through the Services will be meet your expectations; (5) your messages, data or information, in whatever form, including UGC posted by you on the Services, will not be lost or corrupted; (6) any errors will be corrected. You are solely responsible for any damage to your computer or loss of data that results from the use of our Services or the display of Ads on our Services. No statement, whether written or oral, obtained by you from NationalHSFootball.com, or anywhere on the Services, will create any warranty not expressly stated in this Agreement. In any jurisdiction that does not accept the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, liability of NationalHSFootball.com will be limited to the greatest extent permitted by law. To the extent that any part of this section conflicts with any other part of this Agreement, then this section will override that other part of this Agreement. You agree that NationalHSFootball.com will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NationalHSFootball.com have been informed of the possibility of such damages), resulting from (1) the use or inability to use the Services; (2) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of anyone on the Services; or (5) any other matter relating to the Services. If, notwithstanding the other provisions of this Agreement, NationalHSFootball.com is found to be liable to you for any damage or loss which arises out of or is any way connected to your use of the Services, liability of NationalHSFootball.com shall in no event exceed the greater of (1) the total of any subscription or other fees with respect to any service or feature of the Services paid in the 12 months prior to the date of the initial claim made against NationalHSFootball.com, or (2) US$100.00.
Indemnification
You agree to protect and fully compensate NationalHSFootball.com from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Services, or violation of this Agreement by you or any other user of your account (whether or not authorized).
Miscellaneous
This Agreement is governed by U.S. Federal law and the laws of the State of Tennessee, without regard to its conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts located in Rutherford County, Tennessee, in all disputes arising out of or relating to the Services. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations 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 provisions and the remainder of this Agreement shall continue in effect. This Agreement, together with any additional terms and conditions incorporated herein (including, but not limited to, our Privacy Policy), constitutes the entire understanding between you and NationalHSFootball.com regarding the Services. You hereby agree that notices sent to you by NationalHSFootball.com through email will be effective immediately upon delivery.
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