Services and Conditions of Use:
- Welcome to the hokiesports.com online service! hokiesports.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice.
- Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or hokiesports.com has reasonable grounds to suspect that such information provided is untrue, inaccurate, not current or incomplete, hokiesports.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Price And Payment
Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. hokiesports.com reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Customers. Customer must provide hokiesports.com with valid credit card information.
Please Note: hokiesports.com will automatically renew and charge Customer's account as follows:
The renewal charge shall be equal to the original customer sign up price, unless otherwise notified in advance by hokiesports.com. Customer will have thirty (30) days after the date that any renewal fee is posted to Customer's charge account to notify hokiesports.com that he or she wishes to cancel his or her subscription. hokiesports.com will cancel Customer's account upon receipt of such notification and post a credit to Customer's charge account equal to the latest renewal fee charged.
Customer's right to use the Service is subject to any limits established by hokiesports.com or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned to hokiesports.com for any reason, hokiesports.com reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of hokiesports.com hereunder.
hokiesports.com agrees that it will terminate Customer's account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, but Customer will still be obligated to pay any other charges incurred. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any hokiesports.com account, Customer agrees that hokiesports.com can charge these unpaid fees to their credit card.
This site is provided by hokiesports.com on an "as is" basis. hokiesports.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, hokiesports.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. hokiesports.com 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.
- Non-Transferability of Membership
hokiesports.com grants to Customer a personal, non-exclusive, non-assignable and non-transferable license to use and display the hokiesports.com software ("Software") on any machine(s) of which Customer is the primary User. Unauthorized copying of the Software or duplication of the software in any manner, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Customer acknowledges that Customer may not sublicense, transfer, sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or assign the license is void.
- Copyrighted Materials
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is the property of hokiesports.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of the Virginia Tech Athletic Department and Virginia Tech and is protected by U.S. and international copyright laws. All software used on this site is the property of hokiesports.com or its software suppliers and protected by U.S. and international copyright laws.
Downloading of copyrighted material is allowed only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that hokiesports.com and/or third party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.
- Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. hokiesports.comS SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE hokiesports.com SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY,hokiesports.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT hokiesports.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER hokiesports.com NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
hokiesports.com, hokievision.com, hokietv.com, hokiepages.com, hokiesports.com, hokiesports.com the newspaper, hokiesports the newspaper, MV2K, Hokies, Hokie, Hokie Huddler, Virginia Tech, VPI, Virginia Polytechnic Institute And State University are trademarks of Virginia Tech in the United States and other countries. The streamline VT, HOKIEBIRD and other hokiesports.com video, audio, graphics, logos and service names are trademarks of Virginia Tech. hokiesports.com's trademarks may not be used in connection with any product or service that is not hokiesports.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits hokiesports.com
hokiesports.com may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in hokiesports.com's account information, or by written communication sent by first class mail to a Customer's address on record in hokiesports.com's account information. You may give notice to hokiesports.com (such notice shall be deemed given when received by hokiesports.com at any time by any of the following:
- Electronic mail to firstname.lastname@example.org
- Letter faxed to hokiesports.com at the following fax number: (540) 231-3445;
- Letter delivered by first class postage prepaid mail or courier to hokiesports.com at the following address:
Jamerson Athletic Center
Blacksburg, VA 24061-0502
Customer agrees to indemnify and hold hokiesports.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- Termination Of Service
You agree that hokiesports.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if hokiesports.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. hokiesports.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that hokiesports.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that hokiesports.com shall not be liable to you or any third party for any termination of your access to the Service.
- Choice Of Law
This Agreement shall be construed and controlled by the laws of the State of Virginia. Further, the laws of the State of Virginia will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Virginia.
- Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between hokiesports.com representatives and Customer. hokiesports.com may amend or modify this Agreement or impose new conditions at any time upon notice from hokiesports.com to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.