Thank you for visiting tailgating.com (“tailgating”, “we”, or “us”) website (the “Site”). Like many other websites, this Site has rules (“terms of use”) that apply to your use of the Site.

By using the Site, you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in the Terms of Use Agreement (the “Agreement”), which incorporates our Privacy Policy, available [here], by reference. Please review this Agreement carefully. If you disagree with this Agreement, you are not permitted access or use of the Site.

The Site is offered to and intended for use only by individuals 18 years of age or older who reside in the United States or any of its territories or possessions (“United States”). The Site is not intended for users who reside outside the United States. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Agreement

We reserve the right to change the Agreement from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our home page and by posting the date of the most recent revisions to the Agreement on this page. We urge you to review the Agreement occasionally, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Agreement will become effective immediately upon being posted on the Site, unless otherwise indicated.

Copyright

All materials, information, images, products, and other works protectable under U.S. or foreign copyright law that are available on this Site (“Content”), including the selection, coordination, arrangement, and enhancement of such Content, are protected by national and international copyright laws. tailgating.com and its licensors retain exclusive ownership and/or rights over all content viewed or accessed on the Site.

Trademarks

Unless otherwise indicated, all logos, names, designs, and marks on the Site are trademarks, service marks, or trade dress (collectively, “Trademarks”) owned by tailgating.com or used under license by tailgating.com. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of the Trademarks is strictly prohibited.

Patents/Inventions

tailgating.com also owns any material available on the Site that may be a protectable invention, know-how, patent, or otherwise (“Inventions”), unless we use them under license.

A Limited Right to Use

You may use the Site and the Content only for lawful purposes, as expressly permitted in this Agreement and for no other purpose. Except where otherwise noted, you may view, download, and print Content on or from the Site, and you are granted a limited, nonexclusive license for use solely by you for your own personal, noncommercial purposes, and not for sale, license, rent, distribution, conversion into other formats, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Content, in whole or in part.

Personal use refers to all usage that does not generate financial income in a business manner, for instance (this list is not exhaustive):

  • Personal study for yourself
  • Recreational reading/viewing

Commercial use is not allowed without prior written permission from the copyright holder.

Please contact tailgating.com at [email protected] to ask about permissions related to the Content.

Commercial use generally refers to use that exceeds personal use, such as (this list is not exhaustive):

  • Use of the Content in materials that will be distributed to third parties
  • Use of the Content in materials that will be sold for money or other consideration
  • Use of the Content in any events that charge admission
  • Use of the Content for any fundraising of any kind
  • Use of the Content in a manner that might direct web traffic to another website

You may not retrieve data or other Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without tailgating.com’s prior written authorization. We post copyright, legal, and other proprietary notices on the Site’s web pages. The notices or credits, along with any Copyright Management Information as defined by the Digital Millennium Copyright Act, must remain intact and not be removed. tailgating.com may revoke this license at any time.

Submissions

We welcome your feedback regarding the Content. If you elect to submit content (“Submissions”) to the Site, you grant our licensees and us the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the Submissions in any format or medium, whether now known or to be discovered or developed anywhere and for any purpose.

You also warrant and represent that you own or otherwise control all of the rights in and to the Submissions, and that our public posting and use of your Submissions, in whole or in part, will not infringe or violate the rights of any third party. tailgating.com reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. tailgating.com shall not be obligated to use any of the Submissions.

Prohibited Behavior

You may not modify or create derivative works based on the Content. Any use of the Content in any manner that may express or imply endorsement, sponsorship, affiliation, or association by tailgating.com is strictly prohibited. You may not post on or transmit through the Site any material that: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law; or (iv) without tailgating.com’s express prior approval, contains advertising or any solicitation concerning products or services.

You also may not submit or transmit any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights for such submissions or transmissions. Such express permission must include rights allowing for tailgating.com’s subsequent use of the material as provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark, or other proprietary rights or that the appropriate permissions are in place rests with you.

Links to Third-Party Sites

The Site contains links to Web sites operated by third parties (“Third Party Sites”) that are notunder tailgating.com’s influence or control. As such, tailgating.com is not responsible for the content of

Third-Party Sites.

We provide links to Third-Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement, recommendation or support of any linked Third-Party Site, the content on the Third-Party Site, any organization sponsoring or participating on the Third-Party Site, or any product or service offered through the Third-Party Site. Any mention on this Site of products or services provided by third parties is for informational purposes only.

Tailgating.com makes no representations and assumes no responsibility whatsoever for any third-party content, any content you may access from a Third-Party Site through subsequent links or any content from any Web site from which you may access this Site. This Agreement is only applicable to this Site, and does not apply to linked Third Party Sites. Please review the linked Third-Party Site’s terms of use and privacy policies, and if you disagree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third-Party Site.

Unauthorised Use and Termination

Unauthorised uses of this Site include (but are not necessarily limited to) unauthorised commercial use of the Site, and unauthorised linking, deep-linking, or framing the Site in a manner that obscures the source of the Content on the Site or otherwise violates tailgating.com’s rights in the Site and the Content. Any unauthorised use of the Site may result in criminal prosecution and/or civil liability. tailgating.com reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, and for any reason whatsoever.

Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-

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INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER tailgating.com, NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINK TO A THIRD-PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE SITE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL tailgating.com, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You shall defend, indemnify, and hold tailgating.com and its employees, officers, directors, members, agents, contractors, and licensors harmless from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your use of the Site or the Content, including, without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defences.

International Use

By accessing the Site from any location other than the United States, you accept full responsibility for compliance with all applicable local laws tailgating.com makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal or strictly prohibited.

Security Precautions

The information and services provided through the Site are protected using industry-standard security precautions. It is up to you to fully understand the risks and threats of using the Internet and be sufficiently aware of those risks to protect your confidential information.

Choice of Law and Remedies

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be only in the state or federal courts located in St. Joseph County, Indiana, and you submit to the exercise of personal jurisdiction of such courts to litigate any such claim or action.

In any claim or action between you and tailgating.com with respect to this Agreement or the Site, tailgating.com will be entitled to recover its costs and expenses (including attorneys’ fees), in addition to any other the remedy available at law, in equity or otherwise, if tailgating.com is successful in the prosecution or defence of such claim or action.

Entire Agreement

This Agreement constitutes the entire agreement between you and tailgating.com with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site, whether oral or written. If any provision of this Agreement is deemed invalid or unenforceable, all other provisions shall remain in full force and effect.

The section headings used in this Agreements are for convenience only and shall not be given any legal import. Digital Millennium Copyright Act Notice and Takedown.

If you believe that any materials on the Site infringe your copyright and wish to submit a notice and takedown request to us, please send it to the contact information shown below, and include the following:

  1. A physical or electronic signature of a person authorised 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, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that the use of the material in the matter complained about is not authorised by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the above information, tailgating.com will respond expeditiously to remove or disable access to the material claimed to be infringing or the subject of the infringing activity.

Contact Us

We welcome your comments, questions, or concerns.

You can contact us at:

[email protected]