Terms of Use

by Jeremy Cookson

TERMS OF USE

Last Update:  August 20, 2017.

These Terms of Use (also called the “Agreement”) is a legal agreement between you and Bob McGinn Football.com, LLC (“Bob McGinn Football.com, LLC”) and governs your use of the Bobmcginnfootball.com website including all pages and content in the website (the “Website”). Please read the terms of this Agreement carefully before using this Website. Your use of this Website constitutes an agreement to be bound by all terms contained herein on behalf of yourself, any other person or entity on whose behalf you are accessing this Website, and any others who may have rights through you. If you disagree with one or more of the terms of this Agreement or find them unacceptable in any way, do not enter or use this Website. Any rights not expressly granted herein are reserved to Bob McGinn Football.com, LLC.

Bob McGinn Football.com, LLC reserves the right, in its sole and absolute discretion, to change, modify, and update this Agreement at any time and by your continued use of the Website you agree to be bound by those changes, modifications, and updates. You should therefore review this Agreement periodically to familiarize yourself with any changes, modifications, and updates. If you violate any of the terms of this Agreement, your authorization to use this Website and all licenses granted herein terminate automatically.

Any person who provides their personal information through this Website represents that he or she is at least 18 years of age. Some of the content on this Website may not be appropriate for children. Children under the age of 13 are not permitted to use this Website. We strongly recommend that children between the ages of 13 and 17 ask for their parent’s or guardian’s permission before viewing our Website. Bob McGinn Football.com, LLC hereby disclaims all liability for use by individuals under the age of 18.

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. This Agreement constitutes the entire Agreement between you and Bob McGinn Football.com, LLC applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.  The terms of this Agreement supersede anything on the Website which is inconsistent or in conflict with the terms of this Agreement.

Disclaimer

All access to this Website is voluntary and at the sole risk of the user. Bob McGinn Football.com, LLC does not warrant the accuracy of any materials on this Website or on any other websites linked to or from it. Whereas, Bob McGinn Football.com, LLC strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. Bob McGinn Football.com, LLC does not warrant the completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other materials provided through the Website. Except for information, products or services clearly and specifically identified as being supplied or endorsed by Bob McGinn Football.com, LLC, Bob McGinn Football.com, LLC does not endorse any products or services appearing on this Website or other websites linked to or from it. Mere inclusion of a product, service or link on this Website does not constitute an endorsement by Bob McGinn Football.com, LLC.

The information contained on or provided by this Website is for general educational and informational purposes only. All materials on this Website are provided on an “as is” and as-available basis without warranty of any kind, express or implied, including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose. Bob McGinn Football.com, LLC is not responsible for any loss or damage resulting from reliance on the information or other content posted on this Website or from sites linked to or from it. Bob McGinn Football.com, LLC does not warrant that the use of this Website will be uninterrupted and does not guarantee that this Website is free from viruses or other contaminants that may damage your computer or its data. Bob McGinn Football.com, LLC also reserves the right, at any time, for any reason, at its sole discretion, without notice to: (1) change, add or remove portions of the terms and conditions of this Agreement; (2) change or discontinue the Website in whole or in part, including eliminating or discontinuing any content on or feature of the Website; (3) change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website including catalogs provided through the Website; (4) refuse or cancel any order; (5) terminate or restrict any user or your access to any Bob McGinn Football.com, LLC online community or account, including any access to links through this Website. In addition, if Bob McGinn Football.com, LLC permits the creation of any specific “group” or “room” or similar specified area within the Website that permits participants to chat or otherwise communicate (a “Specific Chat Room”), you agree that (1) participation by you in such Specific Chat Room or any other activity on this Website does not render you an employee of Bob McGinn Football.com, LLC for any purpose and does not entitle you to receive any wage, royalty, or any other benefit or compensation for your participation, and (2) Bob McGinn Football.com, LLC may discontinue the Specific Chat Room, in whole or in part, for any reason at any time, without notice.

 

This Website may permit “chat” or other communications with other individuals and Bob McGinn Football.com, LLC is not responsible or liable for any statements by or any acts or omissions of such individuals, and any reliance on such postings or other interactions with such persons is at your own risk. Bob McGinn Football.com, LLC is not under any obligation to review, moderate, or fact-check chat or similar communications, and such communications may contain information or advice that is false or harmful.

Fees and Payments

Access to some or all of this Website may be restricted and provided on a subscription basis.  You may not share your login or account information with any other person, and if you do share such information with others we reserve the right to terminate your subscription without refund.  You agree to pay the subscription fees and any other sums or charges you incur in connection with your account.  We may revise fees and charges at any time.  Bob McGinn Football.com, LLC will bill all recurring charges automatically to your credit card or other account provided by you. Subscription fees will be billed at the beginning of your subscription or any renewal. Generally, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different credit card or you need to update your credit card details, please contact Charlie McGinn If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by emailing bobmcginnfootball@gmail.com. You are responsible for any fees or charges incurred through use of your user name and password. To cancel your subscription, please click contact at the bottom of the page and select “cancellation request” from the drop down box.

 

Indemnification and Limitation of Liability

BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BOB MCGINN FOOTBALL.COM, LLC, AND ANY AFFILIATED BOB MCGINN FOOTBALL.COM, LLC ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “THE BOB MCGINN FOOTBALL.COM, LLC FOUNDATION PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS AND SETTLEMENT, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED BOB MCGINN FOOTBALL.COM, LLC OF THE POSSIBILITY OF SUCH CLAIM.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICE IS TO STOP USING THE WEBSITE OR ITS SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF BOB MCGINN FOOTBALL.COM, LLC PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform Bob McGinn Football.com, LLC in writing and to give Bob McGinn Football.com, LLC thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Users shall not view, use, download, export or copy any content of this Website except in full compliance with all U.S. and other applicable laws and regulations, and the terms of this Agreement as stated herein.

Copyright Notice

This Website is owned and operated by Bob McGinn Football.com, LLC. The entire contents and design of the Website are protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website are either owned by Bob McGinn Football.com, LLC, are licensed to it, or are used with permission. Bob McGinn Football.com, LLC and its licensors retain and reserve all proprietary rights to the contents of this Website.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Bob McGinn Football.com, LLC.  You may link to, view, download, use, display and print a single copy of the materials found on this Website only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Bob McGinn Football.com, LLC or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright [current year, such as “2017”] Bob McGinn Football.com, LLC. All rights reserved.” Any other use of the Website or the information contained here is strictly prohibited. Bob McGinn Football.com, LLC may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Website, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Website infringes a valid copyright owned by you, you (or your agent) may send Bob McGinn Football.com, LLC a notice requesting that the material be removed, or access to it blocked. This request should be sent to: bobmcginnfootball@gmail.com or to: Bob McGinn Football.com, LLC Foundation, Attn: Charlie McGinn, 270 E Highland Ave, #446, Milwaukee WI 53202.

The notice must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or the subject of infringing activity; (4) the name, address, telephone number, and email address of the complaining party; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.

Trademark Notice

Bob McGinn Football.com, LLC names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Bob McGinn Football.com, LLC. All rights are reserved. You are not authorized to use any Bob McGinn Football.com, LLC name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Bob McGinn Football.com, LLC. All other trademarks appearing on the Website are the property of their respective owners.

Messages and Postings

Bob McGinn Football.com, LLC may provide opportunities for you to participate in online communities and may host discussion boards, chats and other forums on the Website. You agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.  If you participate in any Bob McGinn Football.com, LLC online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis and without any compensation due to you and you grant Bob McGinn Football.com, LLC a perpetual, worldwide, royalty-free, transferable and sublicenseable, right and license to use, copy, distribute, modify, create joint and derivative works based on, your content, postings and Tagged Content in any form or format.

 

You further agree that: (1) You will not post, transmit, or link to any material, websites, or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (2) You may only post, upload or transmit photos or materials for which you own the copyright or have obtained permission to distribute electronically citing the original source, or that are in the public domain. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain; (3) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device; (4) You may not solicit other users, or distribute advertising, for products or services through the Website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Website; (5) If you choose to submit or post items in public or “chat” portions of this Website, such material, information, photographs and other information you post in these public or group areas is available to the other users and Bob McGinn Football.com, LLC does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever. Always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (6) You will not post any materials that violate any law or regulation; (7) You will not impersonate any other person or use a false identity (the name of some other living person) although you may use a first-name-only, nick-name, or pseudonym so long as you clearly identify it as such; (8) If you choose to post any information or content, you hereby grant Bob McGinn Football.com, LLC a perpetual, worldwide, royalty-free, unrestricted, irrevocable, transferrable and sublicenseable license to use, reproduce, display, perform, modify, create derivative or collective works based on, transmit and distribute your posting, in any media or format, digital, electronic, or in print, now known or later invented; (9) You will not take any action intended to interfere with the operation of this Website, nor will you attempt to gain access to any information or portion of this Website, or any Bob McGinn Football.com, LLC computer or data, other than those items for which you have been explicitly granted access.

Bob McGinn Football.com, LLC may, but is not obligated to, review chat or postings, and we may remove any posting it deems inappropriate or a violation of this Agreement.

Monitoring

Bob McGinn Football.com, LLC has no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to this Website or related websites, if any. However, you acknowledge and agree that Bob McGinn Football.com, LLC shall have the right (but not the obligation) to monitor the Website, discussion boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate this Website properly, to protect Bob McGinn Football.com, LLC, its sponsors, and its other visitors, and to comply with legal obligations or governmental requests.

Restrictions on Use Government Users

If you are employed by or are an agent of a U.S. Government agency or are acting on behalf of a Government agency, you agree and acknowledge on behalf of yourself and the Government agency that Bob McGinn Football.com, LLC property, as detailed above, is a commercial item that has been developed at private expense and not under a Government contract. The Government’s rights relating to Bob McGinn Football.com, LLC property are limited to those rights applicable to its users, and are binding on Government users in accordance with Federal Acquisition Regulation 48 C.F.R. Section 12.212 for non-defense agencies and/or Defense FAR Supplement 48 C.F.R. Section 227.7202-1 for defense agencies.

Jurisdiction and Venue

Information provided on this Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. This Website is a service provided by Bob McGinn Football.com, LLC and does not constitute any contract with any jurisdiction outside the State of Wisconsin. Use of this Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal. Users in such jurisdictions visit and use this Website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions, warranty disclaimers, and limitation of liability.

This Agreement is entered into and performed in the State of Wisconsin, United States of America. It is governed by and shall be construed under the laws of the State of Wisconsin, exclusive of any choice of law or conflict of law provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Website, each party irrevocably submits to the exclusive personal jurisdiction of the federal and state courts located in the state of Minnesota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. This Website is intended for a United States audience. If you live outside of the United States, you may see information not approved and/or available in your country.

Limitation on Claims

You agree that in the event you have or may have any alleged claim against Bob McGinn Football.com, LLC, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Bob McGinn Football.com, LLC.  You agree that any claim you may have against Bob McGinn Football.com, LLC must be brought within twelve (12) months of the date on which the claim arises, or else such claim is waived and forfeit.

Miscellaneous

If any provision of these Terms of Use is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.

Registering or Creating an Account

As part of the registration process for this Website you will select a user name and password. You acknowledge that others will be able to view your username and that you are selecting it based on your own desired level of anonymity. We may refuse to grant you a username, password, and/or domain name that impersonates someone else, is or may be illegal, or is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at bobmcginnfootball@gmail.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR USERNAME AND PASSWORD.

In addition, this Website may permit you to create an account, sign-up to submit Tagged Content, or take similar actions. When and if you take such actions, you agree to (a) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

Security

We understand that you may provide to Bob McGinn Football.com, LLC, through this Website, some information about yourself that you consider confidential. Please read our Privacy Policy for more information about information security.

While we take reasonable measures to protect the confidentiality of your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to Bob McGinn Football.com, LLC, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this Website. You agree that Bob McGinn Football.com, LLC is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.

Cookies

Some features of this Website use cookies or similar tracking technology in order to offer more personalized service. Cookies are a part of your browser that store small amounts of data on your computer about your visit to a website. Although you are welcome to disable or block cookies if your computer permits you to do so, you may experience difficulties using certain portions of this Website, and Bob McGinn Football.com, LLC is not responsible for such difficulties.

Privacy

You agree that Bob McGinn Football.com, LLC may use information as described in our Privacy Policy. Without limiting the foregoing, you agree that Bob McGinn Football.com, LLC or its agents may contact you through any contact information you may supply to Bob McGinn Football.com, LLC, including but not limited to land-mail, email, telephone, mobile phone, text, fax, social media tool, or messaging service.

Links to Websites

Bob McGinn Football.com, LLC may provide internet links through this Website to other websites that provide information or services which may be of interest to you. Bob McGinn Football.com, LLC provides these links for your convenience only. Bob McGinn Football.com, LLC is not responsible or liable for the content of these websites or the programs, agencies, or businesses they describe, or for your dealings with such third parties. Bob McGinn Football.com, LLC does not guarantee that the websites will meet your particular purposes. Bob McGinn Football.com, LLC is not responsible or liable for the content or privacy practices of non-Bob McGinn Football.com, LLC websites to which its Website may link. Please review the privacy policy of such sites before using them.

General

You may not assign any rights or obligations under this Agreement without Bob McGinn Football.com, LLC’s prior written consent. Bob McGinn Football.com, LLC may assign all or part of this Agreement.

You agree that any use of this Website that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of Bob McGinn Football.com, LLC’s intellectual property rights including copyright rights, in addition to any and all other claims Bob McGinn Football.com, LLC may have against you.

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Information

You may contact BobMcGinnFootball.com, LLC at bobmcginnfootball@gmail.com

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