Finish Line, INC.
Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These
Terms (the “Terms”) govern your use of the Finish Line Web site
(the “Site”) provided by the Finish Line, Inc. (“Finish
Line,” “we” or “us”). By using this Site, you
(“You”) and other users of the Site (collectively,
“Users”) agree to these Terms. If You do not agree to these Terms,
You may not access or use the Site. We may modify the Terms from time to time
without notice to You. You should check these Terms periodically for
modifications. The most current version of the Terms is available at: By using
the Site following any modifications to the Terms, You agree to be bound by
such modifications.
Use of the Site
The Site is owned and operated by Finish Line, Inc. We provide you with access
to and use of the Site subject to your compliance with the Terms. No material
from the Site may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way, except for as specifically allowed in
the Site, and except that you may download one copy of materials (other than
those which are not provided for download) on a single computer for your
personal, noncommercial home use only, provided that you keep intact all
proprietary rights notices.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice
to You, to terminate, change, suspend or discontinue any aspect of the Site,
including, but not limited to, information, data, text, music, sound,
photographs, graphics, video, messages or other materials
(“Content”), features and/or hours of availability, and we will not
be liable to You or to any third party for doing so. We may also impose rules
for and limits on use of the Site or restrict your access to part, or all, of
the Site without notice or penalty. We have the right to change these rules
and/or limitations at any time, in our sole discretion.
User Conduct
Certain areas of the Site allow registered Users to upload, post, email,
distribute, publish or otherwise transmit Content. You, understand and
expressly agree that Finish Line assumes no responsibility or liability for any
Content that You upload, post, email, distribute, publish or otherwise transmit
and that You are solely and entirely responsible for any such Content.
You agree to comply with all treaties, laws, rules and regulations applicable to
your use of the Site. You agree that while using the Site You will not:
• upload, post, email, distribute, publish or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable;
• upload, post, email, distribute, publish or otherwise transmit through
the Site any materials that are protected by copyright, or other proprietary or
intellectual property right, or derivative works with respect thereto, except
as specifically permitted herein or without first obtaining permission from us
and the owner or such rights,
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a
Finish Line official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Site;
• upload, post, email, distribute, publish or otherwise transmit any
Content that You do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
• upload, post, email, distribute, publish or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
• upload, post, email, distribute, publish or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation;
• upload, post, email, distribute, publish or otherwise transmit 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;
• interfere with or disrupt the Site or servers or networks connected to
the Site, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site;
• “stalk” or otherwise harass another person;
• restrict or inhibit any other User from using and enjoying the Site,
• engage in conduct or encourage conduct that would constitute a criminal
offense or give rise to civil liability;
• upload, post, email, distribute, publish or otherwise transmit any
Content that contains advertising of any kind, or false or misleading
indications of origin or statements of fact;
• upload, post, publish, transmit, reproduce, distribute or in any way
exploit any information or other material obtained through the Site for
commercial purposes (other than as expressly permitted by the provider of such
information or other material);
• engage in spoofing or flooding;
• harvest, collect or store information about the Users of this Site or
the Content posted by others on this Site;
• upload, sell, post, publish, reproduce, transmit or distribute in any
way any component of the Site itself or derivative works with respect thereto,
as the Site is copyrighted as a collective work under U.S. copyright laws; or
• attempt to gain unauthorized access to the Site, other accounts,
computer systems or networks connected to the Site.
You may not sell, lease or rent access to or use of the Site.
We have no obligation to monitor the Site. You acknowledge and agree, however,
that we do retain the right to monitor the Site and to disclose any information
as necessary or appropriate to satisfy any law, regulation or other
governmental request, to operate the Site properly, or to protect ourselves
and/or our Users. We reserve the right to refuse to post or to remove any
information or materials from any portion of the Site, in whole or in part,
that, we determine in our sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms.
By posting Content or using any communications service, message/bulletin board,
chat room, or other interactive service that may be available to You on or
through this Site, You warrant and represent that (1) You are the sole owner of
such Content or have been granted all rights necessary to post such Content by
the owner, and (2) that You have the right to post such Content.
You understand that the technical processing and transmission of the Site,
including without limitation Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Finish Line assumes no
responsibility for the transmission, deletion or failure to store postings or
other information submitted by You or other Users to Finish Line.
Any or all postings on the Site may be purged periodically in Finish
Line’s sole discretion. You acknowledge and agree that Content You view
or post is at your own discretion and risk, including any reliance on the
accuracy, completeness or usefulness of such Content. You acknowledge that You
will not rely in any way on any Content created by, submitted to or obtained
from Finish Line. You further acknowledge and agree that the views expressed by
You and other Users of the Site do not necessarily reflect the views of Finish
Line, and Finish Line does not support or endorse any Content or other
information posted by You or any User. We assume no liability for the Content
posted by Users or for any damages arising therefrom.
Registration; Passwords and Security
In order to use certain parts of the Site, we require that You register. In
registering, You agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the applicable registration form(s)
and (b) maintain and promptly update the information. If You provide any
information that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, we have the right to refuse any and all current or
future use of the Site (or any part thereof) by You. During the registration
process, You will designate a user name and password. You are responsible for
maintaining the confidentiality of the user name and password, and are
responsible for all activities that occur under your user name and password,
whether or not authorized by You. We will not be liable for any loss or damage
arising from your failure to comply with this paragraph.
Privacy Policy; User Information
In the course of your use of the Site, You may be asked to provide certain
information to us. Finish Line’s use of any information You provide via
the Site shall be governed by our Privacy Policy available at http://www.Finish
Line.com/general/privacy.html. We urge You to read our Privacy Policy. You
acknowledge and agree that You are solely responsible for the accuracy and
content of such information.
International Use
We control and operate the Site from our offices in the United States of
America. We do not represent that materials on the Site are appropriate or
available for use in other locations. Persons who choose to access the Site
from other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all local rules regarding online conduct and
acceptable Content. Without limiting the generality of the foregoing, You agree
to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which You reside.
Proprietary Rights
As between You and Finish Line, (including our affiliates), Finish Line is the
owner and/or authorized User of any trademark, registered trademark and/or
service mark appearing on the Site, and is the copyright owner or licensee of
the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, or as provided in a license agreement
between You and Finish Line, use of the Site does not grant You a license to
any Content, features or materials You may access on the Site and You may not
modify, rent, lease, loan, sell, distribute or create derivative works of such
Content, features or materials, in whole or in part. Any commercial use of the
Site is strictly prohibited, except as allowed herein or otherwise approved by
us. You may not download or save a copy of any of the Content or screens for
any purpose except as otherwise provided by Finish Line. If You make use of the
Site, other that as provided herein, in doing so You may violate copyright and
other laws of the United States, other countries, as well as applicable state
laws and may be subject to liability for such unauthorized use. We do not grant
any license or other authorization to any User of our trademarks, registered
trademarks, service marks, other copyrightable material or any other
intellectual property by including them on the Site.
The information on the Site is protected by law including copyright law.
COPYRIGHT NOTICE: Copyright © 2005 Finish Line, Inc. All Rights Reserved.
Trademark Information
Product names, logos, designs, titles, words or phrases may be protected under
law as the trademarks, service mark or trade names of Finish Line, Inc. or
other entities. Such trademarks, service marks and trade names may be
registered in the United States and internationally.
Finish Line® and other Finish Line product and service names are trademarks
of Finish Line, Inc. (the “Finish Line Marks”). Without Finish
Line’s prior permission, You agree not to display or use the Finish Line
Marks in any manner. Nothing on the Site should be construed to grant any
license or right to use any Finish Line Mark without the written consent of
Finish Line, Inc.
Service Publications
Except as expressly prohibited on the Site, you are permitted to view, copy and
print informational pages available through the Site (i.e. the information
available under the “General” heading on the Site – FAQs,
Company, News, etc.) subject to your agreement that:
• Your use of the information is only for informational, evaluation,
personal and noncommercial purposes only;
• You will not modify the information or graphics;
• You will not copy or distribute the graphics separate from their
accompanying text and you will not quote materials out of their context;
• You will reproduce and display the appropriate copyright and trademark
notices on all documents or portions of documents and retain any other
copyright and other proprietary notices on every copy You make; and
• You agree that we may revoke this permission at any time and that in
such event you will immediately cease your activities related to this
permission upon notice from us.
The permission above does not include permission to copy the design elements,
look and feel or layout of the Site.
Software and Tools.
You acknowledge and agree that use of all software and tools downloaded or
otherwise accessed from the Site (“Software”) are subject to the
license agreements that appear when You access any Software from the Site. You
may not download any Software without agreeing to the terms and conditions of
the license agreements.
User’s Grant of Limited License.
By submitting or sending Content, information, feedback, suggestions or other
material to Finish Line You grant Finish Line a fully paid, royalty-free,
unrestricted, worldwide, perpetual, irrevocable, nonexclusive and fully
sublicensable right and license to use, develop, market, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such Content, information, feedback, suggestions or other 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. In operating this Site,
Finish Line may seek Content that originates with You and other Users.
Notwithstanding the foregoing, Finish Line does not solicit nor does it wish to
receive any confidential, secret or proprietary information from You through
the Site, Finish Line’s mail and email addresses or in any other way. Any
Content, information, feedback, suggestions or other material submitted or sent
to Finish Line will be deemed not to be confidential or secret. By submitting
or sending Content, information, feedback, suggestions or other material to
Finish Line You represent and warrant that the material is original to You and
that no other party has any rights to the material. You also agree and
acknowledge that any ideas, concepts, methods, systems, designs, plans,
techniques or other similar materials that You submit or otherwise communicate
to the Site, may be used by us in any manner.
You also warrant and agree that any “moral rights” in Content posted
by You have been waived.
No Confidentiality.
You agree and acknowledge that any and all communications and/or information
transmitted by You to the Site will not be treated as confidential or
proprietary, subject to our Privacy Policy. Please read our Privacy Policy for
more information.
Security.
You understand and acknowledge that no data transmission over the Internet can
be guaranteed to be 100% secure and we cannot guarantee that any personal
information You submit to us will be free from unauthorized third party
intrusion. You understand and agree that all information You submit to Finish
Line or post to the Site is done so at your own risk.
Internet Access.
You acknowledge and agree that in connection with your use of the Site You must:
(a) provide for your own access to the World Wide Web and pay any service fees
associated with such access, and (b) provide all equipment necessary for You to
make such connection to the World Wide Web, including a computer, software, a
modem and a working telephone line. Finish Line shall not be responsible for
any malfunctions, errors, crashes or other adverse events that may occur from
your use of the Site.
Links from and to the Site.
You may be able to link to third party Web sites (“Linked Sites”)
from the Site. Linked Sites are not, however, reviewed, controlled or examined
by Finish Line in any way and Finish Line is not responsible for the content,
availability, advertising, products, information or use of User information or
other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply Finish Line’s endorsement of or
association with the Linked Sites. It is your sole responsibility to comply
with the appropriate terms of service of the Linked Sites as well as with any
other obligation under copyright, secrecy, defamation, decency, privacy,
security and export laws related to the use of such Linked Sites and any
content contained thereon. In no event shall Finish Line be liable, directly or
indirectly, to anyone for any loss or damage arising from or occasioned by the
creation or use of the Linked Sites or the information or material accessed
through these Linked Sites. You should direct any concerns to that site's
administrator or Webmaster. Finish Line reserves the exclusive right, at its
sole discretion, to add, change, decline or remove, without notice, any feature
or link to any of the Linked Sites from the Site and/or introduce different
features or links to different Users.
Dealings with Affiliates
Your dealings with other entities promoted on or through the Site, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between You and such other entity. You agree that Finish Line shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the promotion of such other
entities on the Site.
Permission must be granted by us for any type of link to the Site. To seek our
permission, You may write to Finish Line. We reserve the right, however, to
deny any request or rescind any permission granted by us to link through such
other type of link, and to require termination of any such link to the Site, at
our discretion at any time.
Failure to Comply With Terms and Termination.
Finish Line, in its sole discretion, may terminate your access to and/or use of
the Site for any reason without prior notice. You acknowledge and agree that
Finish Line may immediately deactivate or delete your user account and all
related information and files in your user account and/or bar any further
access to the Site. Finish Line will not be liable to You or any third-party
for any termination of your access to the Site.
You acknowledge and agree that we may deny You access to all or part of the Site
without prior notice if You engage in any conduct or activities that we, in our
sole discretion, believe violate any of these Terms, violate the rights of
Finish Line or are otherwise inappropriate for continued access.
Indemnity.
You agree to defend, indemnify and hold Finish Line, its directors, officers,
employees, agents and affiliates harmless from any and all claims, liabilities,
damages, costs and expenses, including reasonable attorneys' fees, in any way
arising from or related to your use of the Site, your violation of the Terms or
the posting or transmission of any Content, message, information, software or
other materials on or through the Site by You, including, but not limited to,
any third party claim that the Content (or any part thereof) You uploaded or
posted infringes any copyright, trademark, trade name or patent right of a
third party, defames or invades any right of publicity or privacy, or otherwise
infringes any other proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND
SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR
CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Finish Line DOES NOT
WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE
THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED. Finish Line MAKES NO WARRANTY THAT THE SITE WILL MEET
USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION,
OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FINISH LINE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES
OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE.
FINISH LINE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN
USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT
INVOLVEMENT OF FINISH LINE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Finish Line, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION
RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED
PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN
IF Finish Line OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Finish Line TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE
SITE EXCEED, IN THE AGGREGATE, $100.00.
Applicable Law/Jurisdiction.
You agree that the laws of the state of California, excluding its
conflicts-of-law rules, shall govern these Terms. Please note that your use of
the Site may be subject to other local, state, national, and international
laws. You expressly agree that exclusive jurisdiction for any claim or dispute
with Finish Line or relating in any way to your use of the Site resides in the
state and federal courts of Sacramento County, California, and You further
agree and expressly consent to the exercise of personal jurisdiction in the
state and federal courts of Sacramento County, California, in connection with
any such dispute and including any claim involving Finish Line or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
Consent to Processing.
By providing any personal information to the Site, all Users, including without
limitation Users in the European Union, fully understand and unambiguously
consent to the collection and processing of such information in the United
States.
Any inquiries concerning these Terms should be directed to:
orders@flsigning.com
Notices
Notices to You may be made via either email or regular mail. The Site may also
provide notices of changes to the Terms or other matters by displaying notices
or links to notices to You on the Site.
General Information
The Terms constitute the entire agreement between You and Finish Line and
govern your use of the Site, superceding any prior agreements between You and
Finish Line. You also may be subject to additional terms and conditions that
are applicable to certain parts of the Site. The failure of Finish Line to
exercise or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms 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 Terms remain in
full force and effect. You may not assign the Terms or any of your rights or
obligations under the Terms without Finish Line’s express written
consent. The Terms inure to the benefit of Finish Line’s successors,
assigns and licensees. The section titles in the Terms are for convenience only
and have no legal or contractual effect.
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