Fort Myers’ Tip-Off (“FMTO”) Terms of Use

FMTO organizers, Intersport, Inc. (“Intersport”) require all visitors to this FMTO website (“Site”) to adhere to the following terms and conditions. By accessing this Site you indicate your acknowledgement and acceptance of the terms and conditions herein.

Your access to and use of this Site is subject to all applicable international, federal, state, and local laws and regulations, including any other terms of use that may be found on this Site.

All materials and content on this Site are copyrighted and protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights in accordance with any and all applicable international, federal, state, and local laws, as well as the copyright laws of other countries. Intersport’s materials may not be reproduced, copied, repurposed, distributed, adapted, displayed, edited, published, sold, licensed, transmitted, or downloaded in any way without Intersport’s express written permission. All rights not expressly granted herein are reserved by Intersport. You do not acquire ownership rights to any content, document, or other materials viewed through this Site. The posting of information or materials on this Site does not constitute a waiver of any right in such information and materials.

The trademarks appearing on this Site, including the those of the FMTO and others of Intersport are the property of their respective owners. Intersport’s trademarks may not be without the express written pre-approval of Intersport in each case. The design and layout of this Site, are protected as trade dress and may not be copied or adapted in whole or in part without Intersport’s express written pre-approval. No logo, graphic, sound, image, or animation from this Site may be copied without Intersport’s express written pre-approval. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

Some of the links on this Site may allow you to leave the Site. Third-party sites to which this Site may link (“Third-Party Linked Sites”) are not under Intersport’s control. Intersport does not intend links contained on this Site to be endorsements of the contents on any Third-Party Linked Site or the entities that operate them.  All terms and policies (including privacy policies) on any such Third-Party Linked Site will apply to you while on such Third-Party Linked Sites. Intersport and any such Third-Party Linked Site are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. INTERSPORT EXPRESSLY DISSOCIATES FROM THE CONTENT OF SUCH THIRD-PARTY LINKED SITES AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, INFORMATION SUBMITTED OR PROVIDED BY YOU TO SUCH THIRD-PARTY LINKED SITES), CONTENT, COMMUNICATIONS, TRANSMISSIONS, SERVICES, GOODS, OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH THIRD-PARTY LINKED SITES.

THIS SITE AND ALL CONTENT AND MATERIALS PROVIDED ON THIS SITE, ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. INTERSPORT DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCCURACY, QUIET ENJOYMENT, SECURITY, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU UNDERSTAND AND AGREE THAT INTERSPORT DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR YOUR ILLEGAL, IMPROPER, OR UNAUTHORIZED USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THIS SITE.

NEITHER INTERSPORT NOR ITS AFFILIATES, FMTO PARTNERS, OR AGENTS (“FMTO RELEASEES”) MAKE ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) AVAILABLE AT ANY TIME, APPROPRIATE, OR LEGAL FROM ANY LOCATION.

TO THE GREATEST EXTENT THAT SUCH A LIMITATION IS PERMITTED BY APPLICABLE LAWS, FMTO RELEASEES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT THIS SITE, INCLUDING LOST PROFITS OR REVENUES, LOST OR DAMAGED DATA, BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY CONSTITUTES A FUNDAMENTAL BASIS OF THIS AGREEMENT AND THE FMTO RELEASEES WOULD NOT HAVE PERMITTED YOU TO USE THIS SITE ABSENT SUCH AGREED UPON LIMITATIONS.

Intersport is concerned about your privacy and has developed a privacy policy to address privacy concerns found at the Privacy link on this Site.

Any claims arising out of the use of this Site shall be resolved by arbitration in Chicago, IL in accordance with the then-current rules of the American Arbitration Association. The internal laws of the State of Illinois (other than conflicts of laws rules) and of the United States of America shall apply. The arbitration shall be conducted by a single arbitrator experienced in the practice of law. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction.

Intersport reserves the right to revise any of these terms at any time without notice.