SportsNoggin allows access to various content and offerings. You understand that "Content" may include, but is not limited to: information, text, data, statistics, video, software, music, sound, photographs, graphics, messages or other materials. You also understand that "Offerings" may include, but is not limited to services, products, and subscriptions. You understand and agree that Content and Offerings may include advertisements and that these advertisements are necessary for SportsNoggin to provide it's Content and Offerings. You also understand and agree that the Content and Offerings may include certain communications from SportsNoggin, such as service announcements, administrative messages, and special offers, and that these communications are considered part of SportsNoggin membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Offerings,shall be subject to the TOMS. You understand and agree that all SportsNoggin Content and Offerings are provided "AS-IS" and that SportsNoggin assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information. You are responsible for obtaining access to desired Offerings and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Content or Offering.

You acknowledge and agree that SportsNoggin Content and Offerings and any necessary software used in connection with the them contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through SportsNoggin or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SportsNoggin or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, Offering or the software, in whole or in part.

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the SportsNoggin Content or Offerings. You also agree not to let a third-party copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the SportsNoggin Content or Offerings. You agree not to modify the SportsNoggin Content or Offerings in any manner or form, or to use modified versions, including (without limitation) for the purpose of obtaining unauthorized access. You agree not to access SportsNoggin Content or Offerings by any means other than through the interface that is provided by SportsNoggin for use in accessing the Content/Offering.

In consideration of your membership and use of the SportsNoggin services or subscriptions, you represent that you are of legal age or have parental/guardian consent to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You also agree to:

(a) Provide complete, honest, accurate, and up to date information about yourself as prompted by membership, service, product or subscription registration or profile forms (such information being the "Profile Data")
(b) Maintain and promptly update the Profile Data to keep it complete, honest, accurate, and up to date
(c) If you provide any Profile Data that is incomplete, dishonest, inaccurate, or out of date, SportsNoggin has the right to suspend or terminate your membership, services, or subscriptions and refuse any and all current or future use of the above mentioned(or any portion thereof)
(d) If SportsNoggin has reason to suspect that Profile Data is incomplete, dishonest, inaccurate, or out of date, SportsNoggin has the right to suspend or terminate your membership, services, or subscriptions and refuse any and all current or future use of the above mentioned(or any portion thereof)

SportsNoggin is concerned about the safety and privacy of all its users, particularly children. If a child under the age of 13 has provided us with personal information without parental or guardian consent, the parent or guardian may e-mail us at support@sportsnoggin.com to report, discuss, and resolve the issue. For additional regarding privacy issues, please see the SportsNoggin Privacy Policy at http://www.sportsnoggin.com/privacy.php. SportsNoggin products, services, subscriptions, and content are designed to appeal to a broad audience. As a parent or legal guardian, it is your responsibility to determine whether any of the products, services, subscriptions, and/or content are appropriate for your child.

You agree to NOT to use SportsNoggin and any offerings to:

a) Harm anyone in any way
b) Make available any Content that is vulgar, false, prejudice, defamatory, unlawful, or otherwise objectionable to the general public or SportNoggin
c) Impersonate any person or entity
d) Disguise the origin of any Content transmitted through SportsNoggin
e) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
f) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party (Most Importantly SportsNoggin LLC)
g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
i) Disrupt any action or feature associated with SportsNoggin.
j) Interfere with any aspect of the SportsNoggin website or any of SportsNoggin's offerings
k) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l) Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
j) "Stalk" or otherwise harass another users/members and/or collect or store personal data about other users/members in connection with prohibited conduct.

You acknowledge that SportsNoggin has the discretion to pre-screen Content and that SportsNoggin has the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via SportsNoggin offerings. SportsNoggin has the right to remove any Content that violates the TOMS or is deemed by SportsNoggin to be otherwise objectionable. SportsNoggin also has the right to terminate your membership, subscriptions, or services if you breach any part of the user/member conduct rules/guidelines. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SportsNoggin or submitted to SportsNoggin, including without limitation information on sportsnoggin.com or any information associated with SpoirtsNoggin products, services, subscriptions, etc.

You acknowledge, consent and agree that SportsNoggin may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process
(b) enforce the TOMS
(c) respond to claims that any Content violates the rights of third-parties
(d) respond to your requests for customer service
(e) protect the rights, property, or personal safety of SportsNoggin, its users and the public.

You acknowledge, consent and agree that SportsNoggin may access, preserve, and disclose your account or subscription information as part of certain SportsNoggin offerings. For example, certains portions of your data may be used and displayed when subscribing to the Personal Golf Noggin (PGN) service.

You acknowledge, consent and agree that SportsNoggin may access, preserve, and disclose your account or manipulate any data it deems necessary in order to support, maintain, or upgrade SportsNoggin content, services, or other offerings.

You understand that the technical processing and transmission of SportSnoggin services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the SportsNoggin services and software may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by SportsNoggin and/or content providers who provide content to SportsNoggin. You may not attempt to override or circumvent any of the usage rules embedded into SportsNoggin offerings/content. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided SportsNoggin, in whole or in part, is strictly prohibited.

SportsNoggin reserves the right to temporarily or permanently modify or discontinue memberships, services, subscriptions, or content(or any part thereof) with or without notice. You agree that SportsNoggin shall not be liable to you or to any third party for any modification, suspension or discontinuance of any SportsNoggin offering or content including but not limited to memberships, services, subscriptions, or other content.

You agree that SportsNoggin, under certain circumstances and without prior notice, may immediately terminate your SportsNoggin membership, access to any associated services or subscriptions. Reason for such termination shall include, but not be limited to:

(a) Breaches or violations of the TOMS or other agreements, policies, or guidelines
(b) Requests by law enforcement or other government agencies
(c) You request a self-initiated account/service/subscription deletions
(d) Discontinuance or material modification to SportsNoggin offerings (or any part thereof)
(e) Unexpected technical or security issues or problems
(f) Extended periods of inactivity when active subscriptions are NOT present
(g) You have engaged in fraudulent or illegal activities
(h) Nonpayment of any fees owed by you in connection with the SportsNoggin offerings
(i) Parental/Guardian initiated request for account/service/subscription deletions for child under age 13

Termination of your SportsNoggin membership includes:

(a) Removal of access to SportsNoggin offerings, including but not limited to services, subscriptions, and other content that SportsNoggin reserves for use by it's members
(b) Deletion of your password and all related information, files and content associated with or inside your membership account, services, or subscriptions (or any part thereof)
(c) Barring further use of SportsNoggin member offerings. further, you agree that all terminations for cause shall be made in SportsNoggin's sole discretion and that SportsNoggin shall not be liable to you or any third-party for termination of your membership account, any associated subscriptions, or access to services.

SportsNoggin may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SportsNoggin has no control over such sites and resources, you acknowledge and agree that SportsNoggin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SportsNoggin 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

You expressly understand and agree that:

A) YOUR USE OF THE SPORTSNOGGIN CONTENT AND OFFERINGS IS AT YOUR SOLE RISK. CONTENT AND OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPORTSNOGGIN 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 AND NON-INFRINGEMENT.

B) SPORTSNOGGIN MAKES NO WARRANTY THAT (1) CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (2) CONTENT OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT OR OFFERINGS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SPORTSNOGGIN WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN CONTENT, OFFERINGS, OR SOFTWARE WILL BE CORRECTED.

C) ANY MATERIAL USED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF SPORTSNOGGIN OR IT'S CONTENT OR OFFERINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTSNOGGIN OR THROUGH OR FROM THE CONTENT OR OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOMS.

E) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING SPORTSNOGGIN.COM, IT'S CONTENT, OR OFFERINGS. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING SPORTSNOGGIN.COM, IT'S CONTENT, OR OFFERINGS. IMMEDIATELY DISCONTINUE USE OF SPORTSNOGGIN.COM, IT'S CONTENT, AND OFFERINGS AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING SPORTSNOGGIN.COM, IT'S CONTENT, OR OFFERINGS -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Entire Agreement: The TOMS constitutes the agreement between you and SportsNoggin and governs your use of SportsNoggin Offerings and Content, superseding any prior agreements between you and SportsNoggin. You also may be subject to additional terms and conditions that may apply when you use or purchase certain SportsNoggin Offerings.

Choice of Law and Forum: The TOMS and the relationship between you and SportsNoggin shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and SportsNoggin agree to submit to the personal and exclusive jurisdiction of the courts located within Bay County, Michigan.

Waiver and Severability of Terms: The failure of SportsNoggin to exercise or enforce any right or provision of the TOMS shall not constitute a waiver of such right or provision. If any provision of the TOMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOMS remain in full force and effect.

No Right of Survivorship and Non-Transferability: You agree that your SportsNoggin membership/account is non-transferable and any rights to your SportsNoggin User I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOMS are for convenience only and have no legal or contractual effect.