Welcome to the TeamSportsOnline website and the TeamSportsOnline Loyalty Shopping Program (the “Program”). As a registered member, these Terms of Service state the details about the relationship between you and TeamSportsOnline, and they constitute an Agreement between you and us. Your use of this website and your participation in the Program means that you accept this Agreement without modification.

 

Please also read TeamSportsOnline's Privacy Policy and Copyright and Trademark Notice, which are posted on this site and which apply to you.

You agree:

 

1.     The Program. TeamSportsOnline will make cash payments to participating causes as designated by participating consumers and accepted by TeamSportsOnline. These cash payments are a pass through of the rebates collected from partner companies, less Program costs. The rebates are generally based upon the qualified purchases of participating consumers made from partner companies. We are not responsible for setting or maintaining the amount, method of computation, or qualifying purchase criteria of any participating partner company. Each participating partner company has reserved the right to change at any time, and without notice to you, the amount or percentage of any rebate it offers as well as the terms and conditions of any qualified purchase.

 

2.     License. On the terms stated in this Agreement, TeamSportsOnline grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to this Agreement, to access, participate in and use the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.

 

3.     Current & Correct Information. You agree that it is your responsibility to keep the information you give us current, complete and accurate by periodically updating your information in the appropriate section of the TeamSportsOnline website.

 

4.     Compliance. You agree to comply with this Agreement, and all other policies, rules, and terms as set forth by us either in print or on our website. We may modify any of these at any time. This Agreement as so amended will be posted on our website, and your continued participation in the Program thereafter will constitute acceptance of any such amendment.

 

5.      No Unauthorized Access or Use. You agree that you will not, and will not permit others to:

 

o        provide any unauthorized third party with access to our website or to any information available from us either through the Internet, through telephone contact with our service representative, or by any other means;

 

o        attempt to gain access to confidential information to which you are not entitled;

 

o        modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with our website or the Program;

 

o        engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through participation in the Program;

 

o        introduce into our website any code or data intended to disrupt the Program;

 

o        alter or delete information not provided by you, or interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;

 

o        post any material in any form whatsoever on our website or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or

 

o        infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your participation in the Program.

 

6.      Security. You will maintain the confidentiality of the user IDs and passwords by which you access the Program, and will allow access to the Program only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. Any use of your assigned user IDs or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Program that would damage, interfere with or unreasonably overload the Program. You acknowledge that TeamSportsOnline will not contact you to solicit your user ID or password.

 

7.      Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice:

 

o        discontinue the Program;

o        change, discontinue or limit access to the Program or any functionality, feature, terms, or other aspect of the Program; or

o        if we reasonably believe you have breached this Agreement, we will suspend or terminate your use of, access to, or participation in the Program upon giving you notice of such suspension or termination.

 

8.      No Control Over Participating Merchants or Organizations. Solely as a convenience, we may provide a promotional page or other description on the TeamSportsOnline website of each participating merchant’s terms. Participating merchants may impose conditions or restrictions different from, or in addition to, those described on such promotional pages or in such descriptions. Your continued participation in the Program thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular merchant or organization will participate in the Program at the time you join the Program or at any time thereafter. Any particular merchant or organization may withdraw or be removed from the Program at any time and without notice to you. As a participating consumer, we will notify you in the event that any organization you have designated as a beneficiary no longer participates in the Program. Until you select a replacement beneficiary organization, we will allocate rebates associated with your program activity to one or more other participating organizations at our discretion.

 

9.      No Responsibility for Participating Merchants or Organizations. You agree that TeamSportsOnline is not an agent of any participating merchant or organization and that participating merchants and organizations operate independently of, and are not under the control of, TeamSportsOnline with respect to the Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any participating merchant will provide a rebate for any particular transaction even where such transaction would appear to qualify for such rebate under either TeamSportsOnline or participating merchant statements. Further, your purchase of goods or services from, participation in offers or promotions of, or correspondence with, any participating merchant is solely between you and that participating merchant. We do not assume any liability, obligation or responsibility for any part of any such product, service, offer, promotion, or correspondence including without limitation the withdrawal or modification of any such offer or promotion. Also, no participating merchant or organization assumes any liability, obligation or responsibility for our conduct with respect to the Program.

 

10.  Abusive or Fraudulent Actions. We reserve the right to terminate the participation of anyone that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding rebate has been credited. In the event of any abusive or fraudulent activity by you related to the Program, as determined by us in our sole discretion, whether or not you are still participating in the Program, you will be solely responsible for the repayment to TeamSportsOnline of any and all rebates credited from such activity. In the event you fail to repay such amount, we reserve the right to take any and all legal action necessary to collect the dollar amount from you, including but not limited to pursuing such claim in a court of law, employing a debt collection agency or reporting such claim to a credit reporting agency.

 

11.  Collection & Use of Information. You acknowledge that in order to administer the Program, we will collect information about you, including the qualified transactions of participating consumers with participating merchants. If you are a participating consumer, you authorize every participating merchant and its agents to disclose to us any and all information with respect to your purchases from such participating merchant. In addition, by registering any credit card, debit card, charge card, loyalty card or other unique account or identifier, you authorize TeamSportsOnline and its agents to collect any and all information from any credit card processor, issuing bank or any available source with respect to the purchases made using such credit card, debit card, charge card, loyalty card or other unique account or identifier. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies, and (c) otherwise in accordance with the terms of our Privacy Statement on the TeamSportsOnline website. You represent that you or members of your immediate family are the account holder(s) of any credit card, debit card or charge card you register in the Program and that you have full authority to register such cards and any loyalty card or other unique account or identifier you register in the Program and to receive information about the transactions effected using such cards, accounts or identifiers. You authorize TeamSportsOnline to disclose such cards, accounts and identifiers to affiliated and unaffiliated third parties for the purposes set forth in this paragraph.

 

12.  Termination. This Agreement is effective when accepted by you, as described in the first paragraph of this Agreement, and will remain in effect and legally bind you and us until you or we terminate your participation in the Program. Even after termination, some provisions remain in effect. These are Paragraphs 5, 6, 8, 9, 10, 13, 14, 16 and 17. You may terminate your participation in the Program at any time in accordance with the procedures established on the TeamSportsOnline website from time to time. We may terminate this Agreement without cause immediately after notice to you of such termination. Upon any termination of this Agreement, your right to use, access, and participate in the Program and to access the TeamSportsOnline website will also terminate. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.

 

13.  Certain Disclaimers; Indemnification.

 

o     Disclaimer of Warranties.

       The Program and TeamSportsOnline website are provided on an "as is" basis and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, completeness, or validity of any materials related to the service and do not warrant that the functionality of such service will be uninterrupted or error-free, that defects will be corrected, or that such service or the server(s) that make(s) it available are free of viruses or other harmful components.

 

       TeamSportsOnline's website and the Program may contain facts, views, opinions, statements, or recommendations of third-party individuals and organizations. We do not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement, recommendations, or other information displayed, uploaded, or distributed through our website. You acknowledge that any reliance on any such opinion, statement, recommendations or information will be at your sole risk. Furthermore, we do not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products or services offered or provided by its contributing companies or suppliers in conjunction with the service.

 

o    Exclusion of Damages. We will not be liable for any damages, as described more fully in Paragraph 14.

 

o    Indemnification. You agree to indemnify TeamSportsOnline, any participating merchant, and any participating organization, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement (including without limitation relating to a breach by you of Paragraph 5, or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password)). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. TeamSportsOnline reserves in its reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

 

o    Tax Advice. Nothing contained on the TeamSportsOnline website or any Program promotional materials is intended to constitute tax advice. The tax consequences of participation in the Program will depend on your particular tax circumstances. You are responsible for obtaining your own tax advice with respect to participation in the Program. You agree that we will not have any liability for any information contained on or omitted from the TeamSportsOnline website or otherwise obtained from TeamSportsOnline with respect to taxes and that we have no obligation to inform you of changes in the tax laws.

 

14.  Limitation of Liability. TeamSportsOnline’s responsibility in the event of any error or nonperformance in its website or in the Program or Program transactions is and shall be limited to its good faith efforts to correct such error or nonperformance. None of TeamSportsOnline, any participating merchant, or any participating organization, or any of their respective officers, directors, employees, agents, successors, or affiliates are responsible or liable for any damages, whether direct, indirect, special, incidental, consequential, punitive, exemplary or otherwise (including but not limited to, the exclusion of any damages or for loss of profits, loss of data or loss of use) that result from the participation in, or the inability to access or participate in, the Program, the TeamSportsOnline website and information contained on the website, or (except in the case of the applicable participating merchant) any merchandise, products or services offered by TeamSportsOnline’s participating merchants in conjunction with the Program, even if any such entity has been advised of the possibility of such damages, including without limitation any damage that results from:

o   any failure to screen users of or participants in the Program;

o   acts or omissions of any users of or participants in the Program;

o   materials posted by, or of, any party other than TeamSportsOnline or any use thereof;

o   the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet. Because some states or jurisdictions may not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the extent permitted by law.

 

15.  Electronic and Oral Communications.

o   Participant Instructions. You agree that we may rely on your oral and electronic instructions. In addition, you consent to the monitoring and recording of your telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you, provided normal participant verification procedures have been followed. We may follow any instructions received by electronic means through the TeamSportsOnline website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.

 

o   TeamSportsOnline Communications. You consent to the receipt of all reports, correspondence and other information from us electronically through either (i) access to your TeamSportsOnline account on the TeamSportsOnline website or (ii) the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the TeamSportsOnline website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software necessary to receive from us correspondence by Internet electronic mail.

 

16.  Copyright And Related Rights Of TeamSportsOnline. You have read and agree to abide by the Copyright and Trademark Notice posted on the TeamSportsOnline website, and to read and abide by the Copyright and Trademark Notice as it may be changed from time to time.

 

17.  General.

o     Governing Law; Venue. This Agreement is governed by the substantive laws of the state of Tennessee, without regard to Tennessee’s choice of law provisions.

 

o    Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. TeamSportsOnline may assign its rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.

 

o   Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified on your registration form and to TeamSportsOnline at 113 Beasley Drive, Franklin,TN  37064, Attn.: Customer Service, or any other address of which either party hereto may from time to time notify the other in accordance with this Paragraph. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.

 

o   No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not effect the remaining provisions.

 

o  Relief. You acknowledge and accept that any breach of Paragraph 5 above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of Paragraph 5 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.

 

o   No Third Party Beneficiaries. You and TeamSportsOnline agree that there are no third party beneficiaries of any promises, obligations or representations made by either you or us under this Agreement.

 

o   Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the TeamSportsOnline website or otherwise). The foregoing notwithstanding, if TeamSportsOnline has entered into a written agreement with you, executed by both parties, regarding your participation in the Program as a merchant or as an organization, such agreement and this Agreement construed together shall constitute the entire agreement of the parties, and if any terms in our separate written agreement are in conflict with terms in this Agreement, then the terms of the other written agreement shall prevail.

 

o   Modification by TeamSportsOnline. We reserve the right to modify this Agreement at any time and without notice to you. You acknowledge that the most recent version of this Agreement will be located on the TeamSportsOnline website under “Terms of Service." Your non-termination and continued participation in the Program or use of the TeamSportsOnline website after any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. No other act, document, usage or custom will be deemed to amend or modify this Agreement.