National Armwrestling League - NAL Official Site

NAL Website Terms of Use Agreement

Last updated: April 1, 2005

Use of the Official Website of the National Armwrestling League (the "Website") is subject to the following terms of use:

1. Website Ownership

The Website is owned by National Armwrestling League (NAL). All materials distributed in the Website (the "Materials") are either owned by or licensed to NAL. NAL and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of NAL. Materials must not be used in any unauthorized manner.

2. NAL may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. NAL may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

3. Terms of Sale Sales from the Official Store ("Store"), Auction Feature ("Auctions"), and sales of Subscription Content Services (the "Services") are subject to the following terms and conditions:

The Store in the Website allows you to order products supplied by independent merchandise vendors (the "Vendors"). Auctions allow you to purchase merchandise through an auction process (products purchased via the Store and Auctions collectively referred to as the "Merchandise").
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. NAL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, THE TICKETING FEATURE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE OR TICKETS. NAL reserves the right to modify the price of any Merchandise or Services. NAL is not responsible for any error in copy or images relating to Merchandise, Services or tickets. Any auction may be discontinued at any time in NAL's sole discretion.
With respect to Merchandise offered and/or sold via the Store, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our Store or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Gift Certificates. Within the Store, there may be an opportunity for you to purchase and/or redeem gift certificates (each, a "Gift Certificate). Gift Certificates are redeemable solely for purchases in the Store. All Gift Certificates are denominated in U.S. Dollars. Gift Certificates are valid until redeemed or abandoned. NAL is not responsible for lost or stolen Gift Certificates. The value of a Gift Certificate that is lost, stolen, destroyed, altered or used without your permission will not be replaced or refunded. NAL will not honor Gift Certificates obtained by fraud or theft. Gift Certificates are not redeemable for cash. If the value of your Gift Certificate is greater than the amount of your total purchase, you will be able to use the remaining Gift Certificate balance for future purchases, subject to these terms of use. If the value of your Gift Certificate is less than the amount of your total Store purchase, you must use a credit card in order to complete your purchase.
With respect to the sale of certain Merchandise through Auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001)

o SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
Purchasing; Price; Payment. In order to purchase Merchandise, the Services or tickets on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise and Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. NAL may bill your credit card at the time the Services, Merchandise or tickets is ordered or shipped, and the appropriate Major League Baseball Club or our ticketing vendor may bill your credit card at the time your tickets are ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. NAL may in its sole discretion decline service to or terminate any account. Neither NAL, its Vendor nor any MLB Entity is responsible for and must not be held liable for any breaches in transaction security by any third party.
The Services, depending on which you subscribe to, may allow you access to restricted NAL and other armwrestling-related content. The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Except as otherwise provided in these terms or in NAL's offers for Services, your subscription to Services is provided on a monthly basis and will continue until you cancel it. By accepting these terms, you agree that NAL may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with NAL, and by publishing such notices from time to time on the informational page(s) of the website applicable to the services. It is your responsibility to notify NAL of any change in your e-mail address by logging into NAL.com and using the online account management tool.
Programming, pricing, terms and conditions of Services are subject to availability and change.

4. Votes; Contests; Sweepstakes

The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.

5. Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by NAL or any of its affiliates of any third party Web site or content. NAL is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

6. Disclaimer of Warranties

A. USE OF THE WEBSITE, THE SERVICES, TICKETS, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. NAL DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

7. Limitations on Liability

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY NAL OR ANY ACT OR FAILURE TO ACT BY NAL OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.

B. IN NO EVENT SHALL NAL BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.

C. IN NO EVENT SHALL NAL, ITS VENDORS OR ANY OTHER NAL ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF NAL IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF NAL, ITS VENDORS AND ANY MLB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.

D. IN NO EVENT SHALL NAL OR ANY OTHER NAL ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

8. Indemnification

You hereby agree to indemnify and hold NAL, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "NAL Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services and/or Merchandise purchased via the Website; or (B) any alleged breach of this Agreement by you.

9. Termination

NAL may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. NAL may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in NAL's exclusive discretion, without prejudice to any legal or equitable remedies available to NAL, for any reason or purpose, including, but not limited to, conduct that NAL believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which NAL believes is harmful to other customers, to the NAL's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by NAL in its sole discretion. In addition and without prejudice to any other remedy available to NAL, NAL may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by NAL.

10. Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. NAL will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

11. Miscellaneous

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. NAL in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7,8, 10, 11 and 12 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

12. Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. NAL may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.