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The site http://www.sklz.com (the "Site") is owned and operated by PRO PERFORMANCE SPORTS, LLC, a California limited liability company d/b/a SKLZ (“SKLZ”, “we”, or “us”).
The Site is a general purpose website and is not targeted towards children under 13. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.
Certain trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including SKLZ and our Affiliates. Nothing contained on this site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, registered trademarks, trade names, service marks or logos displayed on this site without the written permission of SKLZ or the respective owner of the intellectual property at issue.
By using the Site, you agree that you will not:
(1) create or maintain any link from another Web site to any page on the Site without our prior written permission; (2) run or display the Site or any material displayed on the Site in frames or through similar means on another Web Site without our prior written permission; (3) modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose; (4) use any robot, spider, site search application or other device to retrieve or index any portion of the Site; (5) collect any information about other users, including usernames and email addresses; (6) create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with the other users' enjoyment of the Site; (7) transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site; (8) take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site; (9) submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or (10) use the Site or any user content to violate any applicable local, state, federal or international law.
Links to Third Party Websites.
This Site may link you to other sites on the Internet or otherwise include references to products, services, documents or information provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or our Affiliates, or any warranty of any kind, either express or implied.
Disclaimer. YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SKLZ, NOR ANY OF OUR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER SKLZ, NOR ANY OF OUR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SKLZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKLZ HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability.
Except where this limitation of liability is prohibited by law, neither we nor our Affiliates shall be liable for any direct, indirect, special or consequential damages that result from your use of or inability to use this Site, including but not limited to reliance by you on any information obtained from this Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. This limitation on liability shall apply to all content, products and services available through this Site.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Entire Agreement/Governing Law/Jurisdiction.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.