Welcome to the sportinglifearkansas.com website (this “Site”). This Site is owned and operated by Lee & Stafford LLC (“lee|stafford”). Please read this Agreement carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or submitting any content or personal information to sportinglifearkansas.com, you agree to and are bound by the terms, conditions, policies and notices contained on this page (this “Agreement”), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Arkansas law. If you are entering into this Agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer.
All trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics included on this Site and in the Tools, including without limitation the Content is the intellectual property of lee|stafford or lee|stafford’s third party licensors in the case of any licensed materials included as of the Tools and Content on the Site.
1. Site Content
This site is provided for your personal, informational purposes only. All contents of this Site are: ©2012-2013 Lee & Stafford, LLC. All rights reserved. All Content, the Tools, and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither this Agreement nor your use of this Site or Content transfers any right, title or interest in the Site or the Content to you, and lee|stafford and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in this Agreement or otherwise contractually agreed to with lee|stafford, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content, Tools, or information from this Site, in whole or in part, without the express written permission of lee|stafford. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.
This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available or lawful in your location. The Content of this Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
Certain materials on this Site may be furnished by third parties. Certain company designations may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
Nothing contained in this Agreement shall be construed as conferring any other license or right, express or implied, under any of the lee|stafford’s Intellectual Property Rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved to lee|stafford.
Your use of the Site does not create a joint venture, partnership, agency, or employment relationship with the lee|stafford. lee|stafford does not warrant that use of this Site or the Tools will result in actual revenue earnings. You alone are responsible for the business results achieved through use of this Site and/or the Tools. lee|stafford encourages you to exercise common sense and caution in your use of the Site and the Tools, and to consult with marketing, legal and accounting professionals when appropriate.
2. User Conduct
By using this Site, including all Content and Tools available through it, you agree that you shall not:
- delete, modify, hack or attempt to change or alter any of the Content or Tools;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
- use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
- use any lee|stafford names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
- use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- upload or transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or
- provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.
3. Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available through this Site subject to the following conditions:
- The Content is used solely for personal, informational, or internal business purposes;
- the Content is not sold, licensed or leased for any fee;
- all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
- the Content is not modified or altered in any way; and
- no graphics are used separately from accompanying text.
- You also may link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:
- You do not frame the Site or any portion of the Site;
- you do not deep link into the Site (i.e., you do not link into any page other than the home page);
- the hyperlink to the Site is not used in a way that suggests that lee|stafford endorses you, your employer, or your website;
- the link to the Site is not used or presented in any way that disparages lee|stafford or tarnishes, blurs or dilutes the quality of lee|stafford’s name or trademarks or any associated goodwill; and
- the link to the Site is not displayed on any web page that displays objectionable content or links.
An “unacceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.
4. Accounts and Passwords
Certain features of the Site may require you to open an account (including setting up a user name and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the site immediately of any unauthorized use of your account or password. You may not use the account, user name or password of any other individual or company at any time. lee|stafford will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Modifications to Terms
lee|stafford may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.
6. Termination of Site/Modifications to Site
lee|stafford reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 3, this Section 6, and 1-17 of these Terms shall survive any termination. lee|stafford may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge additional fees for access to portions of this Site without notice or liability. You acknowledge and agree that lee|stafford will not be liable to you or any third party in the event that lee|stafford exercises its right to modify or terminate access to the Site or portions of the Site.
7. Your Privacy
8. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), lee|stafford has designated an agent to receive notifications of alleged copyright infringement associated with the Site. The agent will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at Lee & Stafford, LLC, Attn: Copyright Agent, Lee & Stafford, LLC, 6834 Cantrell Road, STE 367, Little Rock, AR 72207or through the address set forth at the end of this page. If material is believed in good faith by lee|stafford to infringe a copyright or otherwise violate any intellectual property rights, lee|stafford will remove or disable access to any such material.
9. Other Sites, Third Party Content
10. Typographical Errors
Our goal is to provide complete, accurate, and up-to-date information on our Site and in the Tools. Unfortunately, it is not possible to ensure that any website or materials are completely free of human or technological errors. The Content may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. lee|stafford therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LEE|STAFFORD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MD2P MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, EMPLOYMENT OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
12. Limitation of Liability
IN NO EVENT SHALL LEE|STAFFORD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, EXPECTATION, SPECULATIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU, YOUR EMPLOYER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY TOOLS, CONTENT, OR SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF LEE|STAFFORD HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IF THE LIMITATIONS SET FORTH IN THIS SECTION 14 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, LEE|STAFFORD’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold lee|stafford, its affiliates, members, managers, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content or Tools, including any use by your employees, your violation of these Terms or your violation of any rights of another.
14. Limitation on Actions Brought Against lee|stafford
You agree that any claim or cause of action arising out of these Terms or your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by lee|stafford to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
15. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site and/or the Content requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, lee|stafford may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Little Rock, Arkansas, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING ON ALL PARTIES TO SUCH ACTION. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Arkansas or to any Federal Court located within the State of Arkansas for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Little Rock, Arkansas.
You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.
18. Contact Information
20. Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
21. Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
22. Web browser cookies
23. How we use collected information
Lee & Stafford, LLC may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
- To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
24. How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
25. Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
26. Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
28. Google Adsense
30. Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Lee & Stafford, LLC
6834 Cantrell Road
Little Rock, AR 72207
This document was last updated on November 18, 2012