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WEBSITE TERMS OF USE AND SUBSCRIBER AGREEMENT

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

E-trainsports.com encourages you to read this privacy policy and those of all Web sites you visit.

Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of E-Trainsports.com or of other owners used with their permission.

Database Ownership, License, and Use

E-Trainsports.com warrants, and you accept, that E-Trainsports.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.etrainsports.com. E-Trainsports.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

E-Trainsports.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from E-Trainsports.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. E-Trainsports.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. E-Trainsports.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. E-Trainsports.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not E-Trainsports.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall E-Trainsports.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if E-Trainsports.com or a E-Trainsports.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall E-Trainsports.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to E-Trainsports.com and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of E-Trainsports.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by E-Trainsports.com or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of E-Trainsports.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from E-Trainsports.com, and all information to which you have access through password-protected areas of E-Trainsports.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.etrainsports.com. E-Trainsports.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from E-Trainsports.com will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without E-Trainsports.com's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the New York , as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate E-Trainsports.com and/or its affiliates' intellectual property rights, E-Trainsports.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York , and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York . Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York , under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.etrainsports.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at E-Trainsports.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.etrainsports.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Subscriber Agreement

The Web site located at http://www.etrainsports.com ("Site") is provided by E-Trainsports.com. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "E-Trainsports.com," "we," "us'" or "our" refers to E-Trainsports.com, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by E-Trainsports.com.

1. Access and Passwords

As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with E-Trainsports.com's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: help@etrainsports.com.

2. Privacy Our Privacy Notice

is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.

3. User Conduct

The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through E-Trainsports.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of E-Trainsports.com nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that E-Trainsports.com does not pre-screen all content, but that E-Trainsports.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, E-Trainsports.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that E-Trainsports.com is not responsible for any content sent using and/or included in the Site by any third party.

4. Copyright and Restrictions

This Web site contains proprietary material of E-Trainsports.com (or material that other suppliers have licensed to E-Trainsports.com for their use) which is protected by copyright and other laws respecting proprietary rights. E-Trainsports.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use E-Trainsports.com except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.

End users who are duly authorized may Access E-Trainsports.com for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.

The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from E-Trainsports.com. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.

You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause E-Trainsports.com and/or E-Trainsports.com's suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages.You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by E-Trainsports.com, and/or any of E-Trainsports.com's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of E-Trainsports.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by E-Trainsports.com. If you breach any provision of this Agreement, E-Trainsports.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies

5. Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. E-Trainsports.com can detect the use of these systems through live logfile analysis and will ban any future use by offenders.

b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at l . We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check E-Trainsports.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.

c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;

f. Access the Site by any means other than through the interface that is provided by E-Trainsports.com, or attempt or access any area of the Site to which your access is not authorized; or

g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. Accuracy and Availability of Information

The Site contains database information and other content compiled by E-Trainsports.com. While we use commercially reasonable efforts to provide accurate information, E-Trainsports.com gives no warranty as to the accuracy of the database and other content on the Site. E-Trainsports.com reserves the right to withdraw or delete information or content from the Site at any time.

7. Links to Third Party Sites E-Trainsports.com does not endorse the content on any third-party Web site, including Web sites of E-Trainsports.com's affiliates ("Third-Party Sites"). E-Trainsports.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that E-Trainsports.com is not your agent and is not a party to any transaction at a Third-Party Site.

8. Representations and Warranties

You represent and warrant to E-Trainsports.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

9. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY E-Trainsports.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND E-Trainsports.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, E-Trainsports.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY

10. Limitation of Damages

IN NO EVENT WILL E-Trainsports.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF E-Trainsports.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL E-Trainsports.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY E-Trainsports.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

12. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of E-Trainsports.com.

13. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.

14. Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

15. Termination

E-Trainsports.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that E-Trainsports.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or E-Trainsports.com. E-Trainsports.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.

16. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of E-Trainsports.com in a non-electronic record, and any assignment without E-Trainsports.com's consent will be voidable at E-Trainsports.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

17. Applicable Law and Disputes

This Agreement is governed by the laws of the State of New York , without regard to principles of conflict of laws.

Any other disputes will be resolved as follows:

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: help@etrainsports.com , under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

18. Amendments

E-Trainsports.com may change the provisions of this Agreement. When E-Trainsports.com changes the terms of this Agreement, E-Trainsports.com will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

19. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by E-Trainsports.com except in a signed, non-electronic writing signed by an authorized representative of E-Trainsports.com.

20. General If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and E-Trainsports.com or its affiliates as a result of this Agreement or your use of the Site.