Licence and Site Access | Your Account | User Posted or Uploaded Content Terms and Conditions | Interactive Features | General Practices Regarding Use and Storage of Content | Copyright Complaints | Other Web Sites | Disclaimer of Warranties and Limitation of Liability | Disputes | Site Policies, Modification, and Severability | Our Address | Notice and Procedure for Making Claims of Copyright Infringement

Welcome to Mattinglysports.com. Mattinglysports.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Mattinglysports.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Mattinglysports.com service (e.g., Your Account,) or visit or purchase from any business affiliated with. Mattinglysports.com, whether or not included in the Mattinglysports.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

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LICENSE AND SITE ACCESS

Mattinglysports.com and Mattingly Sports, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mattinglysports.com and Mattingly Sports, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mattinglysports.com and Mattingly Sports, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mattinglysports.com, and Mattingly Sports, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mattinglysports.com or Mattingly Sports, Inc. name or trademarks without the express written consent of Mattinglysports.com and Mattingly Sports, Inc. . Any unauthorized use terminates the permission or license granted by Mattinglysports.com and Mattingly Sports, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mattinglysports.com and Mattingly Sports, Inc. a so long as the link does not portray Mattinglysports.com, and Mattingly Sports, Inc, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mattinglysports.com OR Mattingly Sports, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

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YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mattinglysports.com or and Mattingly Sports, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Mattinglysports.com only with involvement of a parent or guardian. Mattinglysports.com, Mattingly Sports, Inc. a and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

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USER POSTED OR UPLOADED CONTENT TERMS AND CONDITIONS

We Have All Rights In Our Site and Content; You Grant Us Rights When You Submit Content to Us

By submitting or uploading material, writings, videos, photos, images, or drawings or renderings to us, you are representing that you are the owner of the material and all intellectual property rights therein, or are making your submission with the express consent of the owner of such rights. By submitting or uploading material to any public posting areas of this Site, such as any message boards, classifieds, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, display, modify, license and distribute such material as we see fit in any medium and for any purpose, worldwide. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material in any media or technology (now existing or developed in the future) and on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Upon submission, you waive all rights of attribution and moral rights to the works submitted. You also agree that we may or may not, including our Third Party Providers, may identify you as the author of any of your postings or as the person identified in a photo by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons in our business judgment. If you are under the age of thirteen we do not permit you to post any content or materials or provide any personally identifiable information. We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.

We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: 

Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Mattingly Sports, its employees, officers, agents, directors or shareholders. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Mattingly Sports is not undertaking any obligation or liability relating to the content. Mattingly Sports and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Mattingly Sports and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Mattingly Sports reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

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INTERACTIVE FEATURES

This Site may include a variety of features, such as bulletin boards, web logs (blogs), chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site. You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users' ability to use the Site.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Mattinglysports.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: 

You agree to indemnify and hold harmless Mattingly Sports, Inc. and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

You agree to indemnify and hold the Mattinglysports.com website, Mattingly Sports, Inc., their subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others using your user account.

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GENERAL PRACTICES REGARDING USE AND STORAGE OF CONTENT.

You acknowledge that we may establish general practices, limits and restrictions concerning use of the Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.

THE TERMS AND CONDITIONS OF THE WEBSITE ARE INCORPORATED BY REFERENCE AS IF STATED IN FULL HEREIN

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COPYRIGHT COMPLAINTS

Mattinglysports.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

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OTHER WEB SITES

Parties other than Mattinglysports.com and its affiliates operate stores, provide services, or sell product lines on this site. I In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Mattinglysports.com and Mattingly Sports, Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

We are not responsible for the availability or content of other services, websites, blogs and other electronic communications that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY MATTINGLY Sports, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATTINGLY Sports, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MATTINGLY Sports, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mattinglysports.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MATTINGLY Sports, INC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MATTINGLY Sports, INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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DISPUTES

Any dispute relating in any way to your visit to Mattinglysports.com or to products you purchase through Mattinglysports.com shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate Mattinglysports.com's or Mattingly Sports, Inc.’s intellectual property rights, Mattinglysports.com or Mattingly Sports, Inc.’s may seek injunctive or other appropriate relief in any state or federal, and if requested by Mattingly Sports, Inc. you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association in New York, New York.. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Mattinglysports.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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OUR ADDRESS

Mattingly Sports
2 Enterprise Drive, Suite 407
Shelton, CT 06484

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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

f you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mattinglysports.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Mattingly Sports, Inc. and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Mattingly Sports, Inc. Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Mattingly Sports, Inc. Legal Department
2883 Macao Drive
Herndon, VA 20171
phone: (703)-391-1188
fax: (866)-653-4485
e-mail: nblitz@exec-counsel.com

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