Terms of Use

GENERAL:

Scope, Acceptance of Terms, General: SX Interactive, LLC (“SX” or “we” or “us”) owns and operates this website (“Site”). These Terms of Use (“TOU”) constitute a legally binding agreement made by and between you and us, and the TOU govern the following websites, as well as your use of the services and programs we make available on our websites, including, but not limited to the following: – Supercross.com.

By accessing, registering, or using this Site in any way, including, without limitation, browsing the Site, using any information, using any content, using any services, or downloading any materials, you agree that you have read, understand, and agree to bound by these TOU, the Privacy Policy located at http://supercross.com/privacy-policy, as well as all applicable laws and regulations. IF YOU DO NOT AGREE TO OR DO NOT COMPLY WITH THESE TOU AND PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE THIS WEBSITE IN ANY MANNER. Do not access or use this SITE or ANY OTHER SX SITE. SX Location, Contact Information: SX is based at 26970 Aliso Viejo Parkway, Suite 100, Aliso Viejo, CA 92656. To reach us, please e-mail info@supercross.com or call us at 888-301-9462. Modifications of the TOU, Site, and Services: We reserve the right, at our sole and absolute discretion, to change, modify, update, add, or remove portions of these TOU at any time without notice to you. We will post any changes to these TOU on this page, update the “Last Updated Date” at the top of these TOU, and may provide more prominent notice (including, email notification of changes if we have your email address). Please check these TOU for changes. Your continued use of this Site following the posting of changes will mean you accept those changes. If the modified TOU are not acceptable to you, your only option is to stop using the Site and the Services. Your edits or changes to either online or offline versions of these TOU or our Privacy Policy will not be effective, regardless of form. We may also modify or terminate your access to the services we offer through the Site, or terminate the Site and any services in part or as a whole, from time to time, for any reason, and without notice or liability to you, any other user, or any third party

ACCESS TO THE SITE:

Eligibility: Unless we say otherwise below, this Site is intended to be used only by individuals and entities that can enter into legally binding contracts under applicable law. Your use of our Site will be deemed to be a representation that you are either 18 years of age or older or between the ages of 13 and 18 and using this Site under the supervision of your parent or guardian. If you are under 13 years of age, then please do not use the Site. So long as you meet these criteria and follow all laws, these Terms of Use, and our Privacy Policy, we grant you a limited, revocable, non-exclusive right to use our Site, its services and any materials we offer on it.

Your Representations and Warranties Regarding Eligibility and Risk: You represent and warrant that you (a) you have the full power and authority to enter into and perform your obligations under these TOU, (b) your assent to and performance of your obligations under these TOU do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules, (b) these TOU constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions, (d) you will comply with all applicable laws, rules and regulations in your use of the Site, including these TOU. You agree that your use of the Site shall be at your sole risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of material or data from this Site.

USE OF THE SITE:

Permitted Use: We hereby grant you permission to use the Site as set forth in these TOU and for the purposes for which it is intended. You may download or electronically copy and print a copy of the information displayed on the Site for your personal use, and may copy, distribute, and transmit the content of the Site to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the websites for your personal use, or as expressly permitted by us, and no rights to those materials are transferred to you by such copying. You can view, copy, print, display, transmit and distribute publications, documents and other content found on our Site, for your personal, non-commercial use, but not for any other purpose. The permission above does not include permission to copy the design elements, look and feel, or layout of this Site. Those elements of the Site are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. You must comply with all of the terms and conditions of these TOU, the policies referred to below, and all applicable laws, regulations and rules in order to use this Site.

Prohibited Use: Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these TOU is strictly prohibited. Without limitation, you may not:

• (a) (except as expressly permitted by these TOU) copy, reproduce, distribute, display, or transmit the content of the Site, unless we authorize you in writing;
• (b) reverse engineer, decompile, create derivative works of, modify, disrupt, otherwise tamper or disassemble the technology used to provide the services and Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components) or otherwise attempt to obtain source code;
• (c) bypass, modify, defeat, reverse-engineer, decompile, disassemble, tamper with or circumvent any of the security features of the Site, including, without limitation, altering any digital rights management functionality of the Site;
• (d) remove or alter any copyright, trademark or other proprietary notice contained on the Site;
• (e) interfere with or damage the Site or our servers, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
• (e) impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, SX or Supercross.com, or use a false identity;
• (f) attempt to obtain unauthorized access to the Site or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
• (g) collect, manually or through an automatic process, information about other users or the Site generally;
• (h) solicit, for commercial purposes, any users of the Site;
• (i) submit false or misleading information to us;
• (j) engage in any activity that interferes with any third party’s ability to use or enjoy, or our ability to provide, the Site;
• (k) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation;
• (l) deep link to portions of the Site or frame, inline link, or similarly display any SX property, including, without limitation, the Site or portions of the Site, provided if such deep linking is expressly permitted under applicable law, you must attribute the link to SX;
• (m) modify, adapt or translate any part of our Site without first getting our written permission; or
• (n) assist or encourage any third party in engaging in any activity restricted by these TOU.

INTELLECTUAL PROPERTY; THIRD PARTY CONTENT:

Intellectual Property Rights: All content on the Site, or otherwise made available via the Site, including without limitation, the text, software, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to SX, its subsidiaries, and affiliated companies, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Content is provided to you AS IS for your information and personal use only. We cannot provide assurance that all Content is free of typographical errors or guarantee information displayed on this Site to be 100% accurate. Content and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SX. You may use the Content only as specified in these TOU and we reserve all rights not expressly granted in and to the Site and the Content.

Third Party Content and Tools: The Site may contain links to third-party sites and tools which are not under the control of SX. We may also display the content of such sites, for example, Supercross’ latest tweets directly from Twitter or videos directly from our content providers, though we will try to attribute the source of this external content. SX is not responsible for the contents or links on any linked site, including content we display or any changes or updates to such sites. SX is also not responsible for third-party tools displayed on the Site, such as Google’s “+1″ button or Facebook’s “Like” button, for which you need to register with a third-party site. We provide these links and tools to you only as a convenience, and the inclusion of any link or tool does not imply that we endorse or accept any responsibility for the content on such third-party sites. We encourage you to be aware of when you leave our Site and when you use tools provided by other websites, and to read and comply with the terms and conditions and privacy policy of any third-party Site or service that you visit or whose tool you use.

COMMENTS:

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site (collectively, “Comments”) will become our exclusive property. By submitting such Comments to us, however, you thereby agree to and do hereby grant us, or will cause to be granted to us, at your cost and expense, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, manufacture, distribute, translate, perform, modify, display, port, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit related rights in your Comments (“License”) in connection with the Site and SX’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy. Your submission of a Comment constitutes a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

DISCLAIMERS:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, OUR SITE AND ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATIONS ON OUR SITE ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND SX HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITES AND OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVERS THAT MAKE OUR WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN OUR SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. OUR SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SX ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN OUR SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS.

WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH ANY SERVICES OR INFORMATION RECEIVED THROUGH ANY LINKS PROVIDED BY SX. SX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY ADVERTISING, AND SX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT SX SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE SITE IS CONTROLLED AND OFFERED BY SX FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SX MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL SX, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, THE USE OF, OR THE INABILITY TO USE, SITE OR SERVICES OR CONTENT, EVEN IF SX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, USE OR PERFORMANCE OF OR FAILURE TO PROVIDE SERVICES, OR OTHER INFORMATION AVAILABLE FROM THE SITE, AND INCLUDING WITHOUT LIMITATION, ANY LIABILITY ARISING FROM: ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY SX, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.00 OR THE AMOUNT YOU PAID US, WHICHEVER IS GREATER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

INDEMNITY:

You agree to defend, indemnify and hold harmless SX, its parent corporation, officers, directors, employees, affiliates and agents (the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: alleging facts or circumstances that would constitute a breach of any provision of these terms of use by you; arising from, related to, or connected with your use of and access to the Site or services, your violation of any term of these TOU, or your violation of any third party right, including without limitation any copyright, property, or privacy right. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our express written consent. This defense and indemnification obligation will survive these TOU and your use of the Site.

MISCELLANEOUS:

Termination; Survival:
SX may, in its sole and absolute discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Site, temporarily, or permanently, at any time without prior notice. We may deny you access to all or part of the Site at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole and absolute discretion, violate these TOU, our rights or the rights of any third party) or no reason at all, thus terminating your ability to use the Site. The following provisions will survive termination: 2.2, 3.2, 4.1, 5, 6, 7, 8, and 9. For purposes of clarity, the survival of provision 3.2 (Prohibited Use) means that even if we terminate your access to the Site, if you breached those provisions while using the Site, we have the right to sue you for damages or injunctive relief. If we terminate your use of the Site, you must cease all use of the Site.

Force Majeure:
Under no circumstances shall SX be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Arbitration:
Your use of Site is governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions, except to the extent that federal law applies. These TOU and each of the parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these TOU must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these TOU including, but not limited to, any claim that all or any part of these TOU is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to infringe our intellectual property rights or if you use the Site in violation of Section 3.2, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim, at the option of the claiming party, be resolved in small claims court in California, USA, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these TOU, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties.

No Waiver; Severability; Time for Claims:
No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term, and the failure of SX to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision. If an arbitrator or a court of competent jurisdiction finds any provision of these TOU to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TOU MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE FACTS GIVING RISE TO SUCH CAUSE OF ACTION EXIST OR BE FOREVER BARRED.

Entire Agreement; Assignment; Independent Contractors:
These TOU constitute the entire agreement between you and SX and govern your use of the Site and any Services provided by SX, superseding any prior agreements between you and SX on the subject matter (including, but not limited to, any prior versions of the TOU). These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SX without restriction. We are independent contractors, and no agency, partnership, joint venture, and employee-employer relationship is intended or created by these TOU.

Construction:
The section titles in these TOU are for convenience only and have no legal or contractual effect. No provision of this TOU shall be interpreted or construed against us because we or our counsel was the drafter thereof.

Notice:
We may deliver notice to you by means of e-mail, a general notice on the Site, or by any other method that we deem reliable. If you give notice to us, you must use the address listed above.