Diamond Sports Pro Shop

Terms of Use

The following terms and conditions apply to the content and any use of this Web site with the domain name "diamondsportsproshop.com" (referred to hereafter as "Site"). Please carefully read all the terms and conditions and legal restrictions before using this Site. By using this Site, you expressly agree to them.

• General
• Disclaimers
• Use of Information Submitted
• Jurisdiction
• Copyright and Service/Trademarks
• Revisions
• Site Manager
• Links and Linking
• Establishing a Link to This Site

Diamond SPorts Pro Shop reserves the right to change these Terms at any time. Be sure to check this page periodically for changes. Send e-mail to david@diamondsportsproshop.com with questions or comments about this Site.

A. General

The content in this Site may be used for lawful purposes only. Unless otherwise stated herein:

• Permission is given to view, print, and use the content in this Site only for your personal, noncommercial home use, provided that no copyright, service trademark, or other proprietary notices which accompany any such content are deleted or changed;
• Content in this Site may not be copied, reproduced, transmitted, displayed, downloaded, uploaded, posted, distributed, rented, sub-licensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Dia' prior written consent;
• Use of the content in this Site for any other purpose violates Diamond Sports Pro Shop's intellectual property rights; and
• Nothing in this Site will be construed as conferring upon any user of this Site any license to any Diamond Sports Pro Shop's, or any third party's, intellectual property rights.

Links to and links from this Site are subject to additional terms and conditions. Please read our Links and Linking terms and conditions carefully before using this Site.

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B. Disclaimers

Diamond Sports Pro Shop makes a reasonable effort to include accurate, complete, and current information on this Site. However, Diamond Sports Pro Shop does not guarantee the correctness, accuracy, or reliability of any information contained herein.

CONTENT ON THIS SITE IS PROVIDED "AS IS". Diamond Sports Pro Shop MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Diamond Sports Pro Shop DOES NOT REPRESENT OR WARRANT THAT:

• ANY FUNCTIONS CONTAINED IN ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
• ANY DEFECTS WILL BE CORRECTED; OR
• THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Neither Diamond Sports Pro Shop nor any party involved in creating, producing, or delivering this Site will be liable to any other party for any direct, indirect, special, or consequential damages arising out of any access to, use of, inability to use this Site or any other Web site linked to this Site, or any errors or omissions in the content thereof, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if Diamond Sports Pro Shop is expressly advised of the possibility or likelihood of such damages.

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C. Use of Information Submitted

Diamond Sports Pro Shop strives to maintain control of this Site, within the constraints of current Internet technology. However, the e-mail facilities at this Site do not provide a means for completely secure and private communications. Like most, if not all, non-encrypted Internet e-mail communications, your e-mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to Diamond Sports Pro Shop. Thus, to protect your privacy, please do not use e-mail to communicate information to Diamond Sports Pro Shop that you consider to be confidential. If you wish, you may contact Diamond Sports Pro Shop instead via telephone at the numbers provided at various locations on this Site. You agree that any comments, suggestions, or other information sent to Diamond Sports Pro Shop by way of this Site are provided without restriction or obligation on Diamond Sports Pro Shop, and Diamond Sports Pro Shop will be free to use such information on an unrestricted basis. You also agree

• That information submitted is at your own risk,
• Diamond Sports Pro Shop has no liability with respect to any unauthorized access by third parties,
• You are responsible for whatever material you submit, and
• You, not Diamond Sports Pro Shop, have full responsibility for any submitted message, including its legality, reliability, appropriateness, originality, and copyright.

Diamond Sports Pro Shop may also, in its sole discretion, use what is known as "cookie" technology. A "cookie" is a data element sent to your browser by a Web site when you link to that Web site. By assigning a unique data element to each visitor, the Web site is then able to recognize repeat users and track usage patterns to better serve visitors when they return to that Web site. The cookie does not extract personal information, and most browsers provide a simple procedure that enables users to control whether or not they want to receive cookies or notifies them when a Web site is about to deposit a cookie file.

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D. Jurisdiction

Diamond Sports Pro Shop controls this Site (excluding linked sites) from its headquarters in Kill Devil Hills, North Carolina, United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site or use of any of its content from locations where such use or content is illegal is prohibited. Notwithstanding the location from which you access this Site, or the laws of such location, you agree that the statutes and laws of the State of North Carolina, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that, if you use this Site from any other location, you are responsible for compliance with applicable local laws. You and Diamond Sports Pro Shop also agree and hereby submit to the exclusive personal jurisdiction of, and venue in, the courts of Dare County, North Carolina, and the Federal Court for the Eastern District of North Carolina with respect to such matters. If any part of these Terms and Conditions and Legal Restrictions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

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E. Copyright and Service/Trademarks

This Site and its contents are protected by copyright, all rights reserved. All works of authorship contained at this Site, including, but not limited to, text, images, and their arrangement, are owned by Diamond Sports Pro Shop (except as otherwise noted). "Diamond Sports Pro Shop" and other names appearing in a type form different from that of the surrounding text are service marks owned by or licensed to Diamond Sports Pro Shop, its subsidiaries, or affiliates. Any other product name or company name mentioned in this Site may be a service/trademark of its owner. You may not reproduce, copy, or redistribute the design, layout, or individual elements of this Site design without the express written permission of Diamond Sports Pro Shop. If you or your organization has a preexisting agreement with Diamond Sports Pro Shop, that agreement will specify your rights and obligations regarding the use of Diamond Sports Pro Shop service/trademarks. If you do not have an existing agreement with Diamond Sports Pro Shop that specifically authorizes such use, the use, reproduction, copying, or redistribution of any Diamond Sports Pro Shop service/trademarks is strictly prohibited without the prior written permission of Diamond Sports Pro Shop.

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F. Revisions

Diamond Sports Pro Shop has no obligation to update any information or content on this Site, and information or content may be out of date at any given time. Diamond Sports Pro Shop may also make improvements and/or changes in the information or content contained in this Site at any time without prior notice.

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G. Site Manager

Send e-mail to david@diamondsportsproshop.com with questions or comments about this Site.

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H. Links and Linking

Links to other Web sites are provided as Internet navigation tools only. These other Web sites contain information created, published, maintained, or otherwise posted by persons or entities independent of Diamond Sports Pro Shop. Diamond Sports Pro Shop does not control these Web sites; nor does it guarantee the content, accuracy, completeness, or timeliness of information on other Web sites. The owners/operators of these Web sites do not necessarily endorse Diamond Sports Pro Shop products or services, nor are they responsible for the content of this Site. Linkage to other Web sites does not constitute or imply an endorsement, recommendation, or preference by Diamond Sports Pro Shop, and Diamond Sports Pro Shop accepts no responsibility for the content, products, and/or services provided at such Web sites.

Use of any information obtained from other Web sites is voluntary, and entirely at your own risk. Diamond Sports Pro Shop assumes no responsibility for:

• Your use of the information obtained at any Web site linked to this Site, or
• The content of such information, including, but not limited to, errors or omissions, the accuracy or reasonableness of the content, the defamatory nature of any statements contained therein, ownership of copyright or other intellectual property rights, or the violation of property, privacy, or personal rights of others by any such site.

Diamond Sports Pro Shop is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

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I. Establishing a Link to This Site

Diamond Sports Pro Shop prohibits the use of the Diamond Sports Pro Shop logo as a "hot" link to this Site unless the establishment of such a link is approved in advance in writing by Diamond Sports Pro Shop. You may establish a hypertext link to this Site from your Web site provided that:

• The link must be a text-only link clearly marked "Diamond Sports Pro Shop" or "Diamond Sports Pro Shop";
• The link must be to "http://www.diamondsportsproshop.com" or, for Diamond Sports Pro Shop's clients and their clients and covered persons authorized to utilize Diamond Sports Pro Shop's services, to a specific URL provided by Diamond Sports Pro Shop;
• The appearance, position and other aspects of this link may not be such as to damage or dilute the goodwill associated with Diamond Sports Pro Shop's name and service/trademarks;
• The appearance, position, and other aspects of the link may not create the false appearance that you or any other entity is associated with or sponsored by Diamond Sports Pro Shop (except to identify Diamond Sports Pro Shop as your service provider, if applicable);
• The link, when activated by a user, must display Diamond Sports Pro Shop's Site fully within an agent display window and not within a "frame" on the linked Web site.

Diamond Sports Pro Shop reserves the right to revoke its consent to the link at any time in its sole discretion. You may not, without obtaining Diamond Sports Pro Shop's written permission, republish, redistribute or otherwise make any copies of the content on this Site as part of the link, including by framing or similar means, or otherwise.

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