TEXAS9MAN Flag Football Website Terms of Use and Notices

Last Updated: March 2006

1. THIS IS AN AGREEMENT BETWEEN YOU AND TEXAS9MAN FLAG FOOTBALL

This is an agreement ("Agreement") between you and TEXAS9MAN Flag Football (or, if applicable based on where you live, one of its affiliates) ("TEXAS9MAN Flag Football"). This Agreement governs your use of any Web site or Web page operated by TEXAS9MAN Flag Football (each, a "TEXAS9MAN FLAG FOOTBALL Web Site," and collectively, the "TEXAS9MAN FLAG FOOTBALL Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

TEXAS9MAN FLAG FOOTBALL OFFERS THE TEXAS9MAN FLAG FOOTBALL WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE TEXAS9MAN FLAG FOOTBALL WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW TEXAS9MAN FLAG FOOTBALL MAY MODIFY THIS AGREEMENT

TEXAS9MAN Flag Football reserves the right to change the terms, conditions, and notices under which it offers the TEXAS9MAN FLAG FOOTBALL Web Sites, including any charges associated with the use of the TEXAS9MAN FLAG FOOTBALL Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any TEXAS9MAN FLAG FOOTBALL Web Site. Your continued use of the TEXAS9MAN FLAG FOOTBALL Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any TEXAS9MAN FLAG FOOTBALL Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that TEXAS9MAN FLAG FOOTBALL Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a TEXAS9MAN FLAG FOOTBALL Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE TEXAS9MAN FLAG FOOTBALL WEB SITES

The TEXAS9MAN FLAG FOOTBALL Web Sites are only for your personal use. You will not use the TEXAS9MAN FLAG FOOTBALL Web Sites for commercial purposes. You will not use the TEXAS9MAN FLAG FOOTBALL Web Sites in any way that is unlawful, or harms TEXAS9MAN Flag Football, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "TEXAS9MAN Flag Football Party" and collectively, the "TEXAS9MAN Flag Football Parties") or any customer of a TEXAS9MAN Flag Football Party, as determined in TEXAS9MAN Flag Football's sole discretion. TEXAS9MAN Flag Football may tell you about certain specific harmful uses in a code of conduct or other notices available through a TEXAS9MAN FLAG FOOTBALL Web Site, but has no obligation to do so. You may not use the TEXAS9MAN FLAG FOOTBALL Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the TEXAS9MAN FLAG FOOTBALL Web Sites. Without limiting the generality of this section, you may not use the TEXAS9MAN FLAG FOOTBALL Web Sites in any manner that could damage, disable, overburden, or impair any TEXAS9MAN FLAG FOOTBALL Web Site (or the network(s) connected to any TEXAS9MAN FLAG FOOTBALL Web Site) or interfere with any other party's use and enjoyment of the TEXAS9MAN FLAG FOOTBALL Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the TEXAS9MAN FLAG FOOTBALL Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the TEXAS9MAN FLAG FOOTBALL Web Sites in any way that violates the TEXAS9MAN Flag Football Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. TEXAS9MAN Flag Football may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the TEXAS9MAN FLAG FOOTBALL Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the TEXAS9MAN FLAG FOOTBALL Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to TEXAS9MAN Flag Football related to the TEXAS9MAN FLAG FOOTBALL Web Sites (a "Submission"), you grant TEXAS9MAN Flag Football permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the TEXAS9MAN FLAG FOOTBALL Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. TEXAS9MAN Flag Football will not pay you for your Submission. TEXAS9MAN Flag Football may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, TEXAS9MAN Flag Football may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the TEXAS9MAN Flag Football Parties or any customer of a TEXAS9MAN Flag Football Party.

7. SOFTWARE

Your use of any software associated with the TEXAS9MAN FLAG FOOTBALL Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then TEXAS9MAN Flag Football grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the TEXAS9MAN FLAG FOOTBALL Web Sites and in accordance with this Agreement. TEXAS9MAN Flag Football reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. TEXAS9MAN Flag Football or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. TEXAS9MAN Flag Football may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the TEXAS9MAN FLAG FOOTBALL Web Sites.

8. INFORMATION AVAILABLE FROM THE TEXAS9MAN FLAG FOOTBALL WEB SITES

TEXAS9MAN Flag Football and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the TEXAS9MAN FLAG FOOTBALL Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the TEXAS9MAN FLAG FOOTBALL Web Sites. TEXAS9MAN Flag Football and its suppliers do not authorize the use of information available from the TEXAS9MAN FLAG FOOTBALL Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. TEXAS9MAN Flag Football is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the TEXAS9MAN FLAG FOOTBALL Web Sites constitute an offer or solicitation to buy or sell any security. TEXAS9MAN Flag Football does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the TEXAS9MAN FLAG FOOTBALL Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

9. TEXAS9MAN FLAG FOOTBALL MAKES NO WARRANTY

TEXAS9MAN FLAG FOOTBALL PROVIDES THE TEXAS9MAN FLAG FOOTBALL WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TEXAS9MAN FLAG FOOTBALL PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TEXAS9MAN FLAG FOOTBALL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE TEXAS9MAN FLAG FOOTBALL WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY TEXAS9MAN FLAG FOOTBALL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE TEXAS9MAN FLAG FOOTBALL WEB SITES, EVEN IF SUCH TEXAS9MAN FLAG FOOTBALL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE TEXAS9MAN FLAG FOOTBALL WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TEXAS9MAN FLAG FOOTBALL PARTY WITH RESPECT TO THIS AGREEMENT OR THE TEXAS9MAN FLAG FOOTBALL WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TEXAS9MAN FLAG FOOTBALL WEB SITES.

11. CHANGES TO THE TEXAS9MAN FLAG FOOTBALL WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE TEXAS9MAN FLAG FOOTBALL PARTIES MAY CHANGE THE TEXAS9MAN FLAG FOOTBALL WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the TEXAS9MAN FLAG FOOTBALL Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by TEXAS9MAN Flag Football and persons other than TEXAS9MAN Flag Football (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE TEXAS9MAN FLAG FOOTBALL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT TEXAS9MAN FLAG FOOTBALL IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE TEXAS9MAN FLAG FOOTBALL WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE TEXAS9MAN FLAG FOOTBALL WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE TEXAS9MAN FLAG FOOTBALL WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE TEXAS9MAN FLAG FOOTBALL WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

TEXAS9MAN Flag Football may terminate this Agreement, or terminate or suspend your access to the TEXAS9MAN FLAG FOOTBALL Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the TEXAS9MAN FLAG FOOTBALL Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE TEXAS9MAN FLAG FOOTBALL WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with TEXAS9MAN Flag Football, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Texas , without reference to conflict of laws principles. If this Agreement is with a TEXAS9MAN Flag Football affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such TEXAS9MAN Flag Football affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject TEXAS9MAN FLAG FOOTBALL Web Sites are directed. If this Agreement is with TEXAS9MAN Flag Football, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Dallas County , Texas , USA in all disputes arising out of or relating to the use of the TEXAS9MAN FLAG FOOTBALL Web Sites. If this Agreement is with a TEXAS9MAN Flag Football affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such TEXAS9MAN Flag Football affiliate in all disputes arising out of or relating to the use of the TEXAS9MAN FLAG FOOTBALL Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. TEXAS9MAN Flag Football may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the TEXAS9MAN FLAG FOOTBALL Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and TEXAS9MAN Flag Football with respect to the TEXAS9MAN FLAG FOOTBALL Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TEXAS9MAN Flag Football with respect to the TEXAS9MAN FLAG FOOTBALL Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND TEXAS9MAN FLAG FOOTBALL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TEXAS9MAN FLAG FOOTBALL WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the TEXAS9MAN FLAG FOOTBALL Web Sites are Copyright © 2006 TEXAS9MAN Flag Football and/or its suppliers. All rights reserved. TEXAS9MAN Flag Football, TEXAS9MAN FLAG FOOTBALL, TEXAS9MAN FLAG FOOTBALL logo, and/or other TEXAS9MAN Flag Football products and services referenced herein may also be either trademarks or registered trademarks of TEXAS9MAN Flag Football in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain TEXAS9MAN FLAG FOOTBALL Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane . All rights reserved. "gnuplot" software used in certain TEXAS9MAN FLAG FOOTBALL Web Sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.