Terms Of Use

WEBSITE TERMS OF USE

Effective Date: July 1, 2020

Acceptance of the Terms of Use

Welcome to the website of Accelerate Sports Ventures LLC (“Accelerate,” “we,” “us” or “our”). The following terms of use (“Terms of Use”), govern your access to and use of the site at acceleratesportsventures.com, including any content, functionality and services offered on or through the site (the “Website”).

Please read the Terms of Use carefully before you use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at acceleratesportsventures.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time and in our sole discretion, with or without notice. All changes are effective immediately when we post them, and apply to all access to and use of the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We are not liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to any or all users.

Ownership

The Website and its entire contents, features and functionality, including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, as well as the “look and feel” of the Website (collectively, the “Content”), are (and will continue to be) owned by Accelerate, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Website.

Accelerate Sports Ventures LLC, Accelerate, the Accelerate logo, NIL 360° and all related names, logos, designs and slogans are trademarks of Accelerate or its affiliates. You must not use such marks without the prior written permission of Accelerate. All other names, logos, designs and slogans on the Website are the trademarks of their respective owners.

Limited License

Subject to your compliance with these Terms of Use, Accelerate grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to download (temporary storage only), display, view, use and/or print one copy of the Content (excluding source and object code) only for your personal, non-commercial use. Except as expressly set forth in these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Content. As a further condition of use of the Website, you agree that you will use the Website in compliance with all applicable laws and not for any purpose that is prohibited by these Terms of Use. To seek permission to use materials and information beyond the scope of the foregoing license, please contact Doug Fillis (doug.fillis@acceleratesportsventures.com). Any rights not expressly granted herein are reserved.

The Website may contain materials posted by third parties. If you believe that any materials on the Website infringe any copyright or other intellectual property interest, please provide Accelerate’s Copyright and Intellectual Property Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property interest that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; 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 or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Accelerate’s Copyright and Intellectual Property Agent for notice of claims of copyright or other intellectual property infringement on the Website is Doug Fillis (doug.fillis@acceleratesportsventures.com).

Note: The contact information above is provided exclusively for notifying Accelerate of copyright or other intellectual property infringement.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third Party Links and Content

If the Website contains links to other sites or contents or resources provided by third parties, these materials are provided for your convenience only. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Accelerate, are solely the opinions and the responsibility of the person or entity providing these materials. These materials do not necessarily reflect the opinion of Accelerate. We have no control over the contents of these materials, and accept no responsibility for them or for any loss or damage that may arise from your access to or use of them. If you decide to access or use any of these materials, you do so entirely at your own risk and subject to the applicable terms and conditions for these materials.

Geographic Restrictions

The Website is operated from within the United States. We make no representation or warranty that the Website, or any content or other materials available on the Website, are appropriate or available for access or use in other locations. Those who access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent such local laws and regulations are applicable.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCELERATE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NEITHER ACCELERATE NOR ANY PERSON ASSOCIATED WITH ACCELERATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL ACCELERATE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “ACCELERATE PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE) OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ANY ACCELERATE PARTY WAS NEGLIGENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the State of New Jersey without giving effect to the choice of law provisions thereof and all parties to these Terms of Use expressly agree to be subject to the jurisdiction of courts in the County of Bergen, State of New Jersey.

Miscellaneous

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

The failure of Accelerate to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Accelerate must be in writing and signed by an authorized representative of Accelerate.

These Terms of Use constitute the entire agreement between Accelerate and you, and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Accelerate with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.

For the purposes of these Terms of Use: “including (include)” means “including (include), without limitation;” and “herein,” “hereunder,” and “hereof” refer to these Terms of Use, and not to the specific section in which that term occurs.

Contact Information

If you have any questions regarding these Terms of Use, you may contact us via e-mail at info@acceleratesportsventures.com or via phone at (732) 379-1402.