TERMS AND CONDITIONS OF USE AGREEMENT

1. Introduction and Acceptance of Agreement

Welcome to GMSports.org, the main web site of GM Sports Productions LLC. Use of the GMSports.org website (the "website") is subject to the terms and conditions of this Terms and Conditions of Use Agreement (the "Agreement").

Please review the following terms and conditions carefully. By using, browsing, and/or accessing the GMSports.org website, you agree to accept, comply with and be bound by all the terms and conditions of this Agreement, and you are subject to all applicable policies, rules, limitations and guidelines posted on the GMSports.org website.

2. Limitations of Financial Information and Service

GMSports.org may make available to you through the content and service provided by this website a broad range of information that GMSports.org obtains from third party content providers. GMSports.org does not endorse or approve this information, and GMSports.org makes it available to you only as a service and convenience.

GMSports.org and it third party content providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of any information, or (b) warrant any results from your use or reliance on such information. You agree that neither GMSports.org nor any third party content provider will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any information.

You acknowledge and agree that any reliance upon the information provided by or available through the GMSports.org website, or through links accessible through the website, is at your own sole risk.

3. Modification of Agreement

GMSports.org has the right to modify or change the terms and conditions of the Agreement periodically, in any way, without notice or liability. By using, browsing, and/or accessing the GMSports.org website following any modifications to the terms and conditions of the Agreement, you agree to accept, comply with and be bound by any such modifications to the Agreement.

4. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other information, content and background related to the creation, architecture, construction and maintenance of the GMSports.org website, are fully protected under applicable copyrights, trademarks and other proprietary rights, and subject to pertinent intellectual property law, and all applicable state, federal and international laws, treaties and conventions. The copying, redistribution, reproduction, storage, use, publication, removal, disassembly or reverse engineering of any software, information, content and background of the GMSports.org website, or the use of any network monitoring or discovery software by you is strictly prohibited.

All information and content of the GMSports.org website is copyrighted material of GMSports.org and/or its affiliates, vendors, contractors, agents or content providers. Thus, except as expressly provided in this Agreement, GMSports.org and its affiliates, vendors, contractors, agents and content providers do not grant any express or implied rights or licenses under or related to any patents, copyrights, trademarks, trade secrets, service marks, or other intellectual property rights.

5. Prohibited and Restricted Uses

While viewing GMSports.org, you are prohibited and restricted from engaging in the following uses, conduct and/or activities:

  • Transmitting, copying, reproducing, uploading, posting, renting, leasing, distributing, or otherwise making available in any form or by any means all or any portion of the content, information, software or other material obtained through the GMSports.org website, or derivative information and content therein, which is protected by copyright, trademark, patent, trade secret, and/or other proprietary or intellectual property rights, without obtaining the express permission from GMSports.org, or the appropriate owner;
  • Transmitting, reproducing, uploading, posting, or distributing in any way any information, software or other material obtained through the GMSports.org website, for commercial purposes, other than as expressly permitted by GMSports.org or any other the provider of such information, software or other material;
  • Using the GMSports.org website, or any service provided therein, to develop any information, storage and retrieval system, database, information base, or similar resource that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
  • Creating compilations or derivative works of any content provided by the GMSports.org website, including, but not limited to, making all or any portion of the website available to a third party through a sharing system, service bureau, the Internet or any other technology now existing or developed in the future;
  • Removing, changing, editing, or obscuring any copyright notice or other proprietary notice or terms and conditions of use contained in the GMSports.org website;
  • Using the GMSports.org website for the purpose of gathering information for or transmitting unsolicited commercial email; email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or unsolicited telephone calls or facsimile transmissions;
  • Using the GMSports.org website in a manner that violates any state or federal law or regulation, including, but not limited to regulations governing email, facsimile transmissions or telephone solicitations;
  • Using the GMSports.org website, to upload, post, email, transmit or otherwise make available any content or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, fraudulent, or racially, ethnically or otherwise objectionable;
  • Using the GMSports.org website, to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Using the GMSports.org website, to upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Using the GMSports.org website to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, including, but not limited to, junk mail, spam, pyramid schemes, flooding, or any other form of solicitation;
  • Using the GMSports.org website to upload, post, email, transmit or otherwise make available any Content that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Using the GMSports.org website, or any service provided therein, to interfere with or disrupt the website, and/or any PricingUpdate.com service or other service or servers or networks connected to the website;
  • Using the GMSports.org website, or any service provided therein, to intentionally or unintentionally violate any applicable law, regulation, treaty or convention, including, but without limitation, the Securities Act of 1933 and Securities Exchange Act; all regulations promulgated by the U.S. Securities and Exchange Commission; any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
  • Using the GMSports.org website, or any service provided therein, to collect or store personal data about other users.

    • 6. Subscriber Information and Monitoring the GMSports.org Website

    GMSports.org has no obligation to monitor the service and/or use of the website. Nevertheless, GMSports.org retains the right to monitor the service and/or use of the website at any time, and to disclose all information necessary to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. GMSports.org will not intentionally monitor or disclose any private electronic-mail message unless required by law, and GMSports.org reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the terms and conditions of this Agreement.

    All information submitted to GMSports.org via this website shall be deemed and remain the property of GMSports.org, and GMSports.org shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in the information any user of this website provides to the GMSports.org website. GMSports.org shall not be subject to any obligations of confidentiality regarding submitted information, except as specifically agreed to by GMSports.org, or as required by law. GMSports.org is taking reasonable and appropriate measures to ensure that the personal information you have entered will not be intercepted by others and decrypted.

    7. Obligations of Viewer

    By using, browsing, and/or accessing to the GMSports.org website, you acknowledge and agree that you must:

  • 1. provide for your own access to the Internet and pay any service fees associated with such access; and
  • 2. provide all equipment necessary for you to make such connection to the Internet, including a computer, software, a modem and a working telephone line.

    • You agree not to resell or transfer the service provided by GMSports.org, or access to the content and service provided by GMSports.org.

    8. Limitations of Liability

    By using, browsing, and/or accessing the GMSports.org website, you agree to accept, comply with and be bound by the following limitations of liability:

  • a. By using GMSports.org, including the contents, information and service contained therein, you agree that use of the website is entirely at your own risk.
  • b. Factual statements on the GMSports.org website are made as of the date stated and are subject to change without notice.
  • c. GMSports.org does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, views, opinions or recommendations that may be expressed on the website.
  • d. The contents, information and service provided by the GMSports.org website do not constitute a solicitation by GMSports.org, by the third party content providers, or by any other person or entity, of the purchase or sale of bonds or securities.
  • e. The aggregate liability of GMSports.org, its affiliates and its third party content providers, in connection with any claim arising out of or relating to the GMSports.org website or the products, content, information, or other services provided or available on or through the website, shall not exceed $100.00 and that amount shall be in lieu of all other remedies which you may have against GMSports.org and any and all of its affiliated parties.
  • f. You acknowledge and agree that GMSports.org, its affiliates and its third party content providers, have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by GMSports.org, its affiliates or its third party content providers, of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

    • 9. Disclaimer

    The contents, information and service provided by the GMSports.org website are provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service.

    GMSports.org disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services provided by the GMSports.org website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or warranties of fitness for a particular purpose.

    This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.,/p>

    Neither GMSports.org nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or to any other third party for any direct, indirect, incidental, special or consequential damages arising out of the use of the content, information and services provided by the GMSports.org website, or inability to gain access to or use the service or out of any breach of any warranty.

    Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of GMSports.org, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such state law.

    10. Indemnification

    You agree to defend, indemnify and hold harmless GMSports.org and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, content and documents, attorneys, advertisers, product and service providers, and affiliates, from any and all claims, liabilities, losses, costs and expenses, including reasonable attorneys' fees, related to and/or arising in any way from your use of the GMSports.org website, including its information, content and services, or the placement or transmission of any message, information, software or other materials through the GMSports.org website by you or users of your account or related to any violation of the terms and conditions of this Agreement by you or users of your account.

    11. Advertisers

    The GMSports.org website may contain advertising. GMSports.org is not responsible for the illegality or any error, inaccuracy or problem in any advertiser's materials. Your participation in promotions of, or correspondence or business dealings with, any advertiser on the GMSports.org website, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations relating to such dealings, are solely between you and such advertiser. You agree that GMSports.org will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of such advertisers on the GMSports.org website.

    12. Entire Agreement

    This Agreement constitutes the entire agreement between you and GMSports.org and governs your use of the GMSports.org website, including its information, content and services, superseding any prior agreements between you and GMSports.org. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services or third party content or services.

    13. Choice of Law

    This Agreement shall be treated as though it were executed and performed in the Commonwealth of Massachusetts, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any action brought to interpret and/or enforce this Agreement shall be tried in the state or federal courts located in the Commonwealth of Massachusetts.

    14. Statute of Limitations and Other Limitations

    You agree that regardless of any law to the contrary, a claim or cause of action arising out of or related to the use of the GMSports.org website, including information, content, documents, products or services related thereto, and/or this Agreement, must be filed within one (1) year after the cause of action arose or be forever waived and barred. All claims and actions shall be subject to the limitations of liability and disclaimer set forth, supra.

    15. Assignment

    Your information, this Agreement and all incorporated agreements, and any and all rights and obligations hereunder or thereunder may be automatically assigned by GMSports.org in its sole discretion to a third party in the event of an acquisition, sale or merger. You may not any assign this Agreement or any of your rights or obligations under this Agreement.

    16. Severability

    If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

    17. Waiver

    The failure of GMSports.org to exercise or enforce any right or provision of the terms and conditions of this Agreement shall not constitute a waiver of such right or provision.

    18. Survival

    GMSports.org rights under this Agreement shall survive any termination of this Agreement.