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Privacy / Terms

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(Photo by Al Bello/Getty Images)

[cmplz-document type="privacy-statement-us"]

Terms of Use

Last updated: March 12, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://elitesportsny.com/ website (the "Service") operated by Elite Sports NY, LLC. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Elite Access

The Elite Access Agreement and Terms of Use (this “Agreement”) governs your use of all digital products and services from Elite Sports NY advertisement free other than any content displaying on domains such as Google (AMP), Facebook (Instant Articles), ESNY Mobile, or any other social media platform. These products and services are provided through various third-party platforms and devices (e.g., mobile and tablet).

Discussion involving ESNY Store discounts are not guaranteed yet include future use.

Changes to Subscriber Agreement

We may change the terms of this Agreement at any time by notifying you of the change by posting a notice on the Service that the terms have been updated. The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement and Terms of Use link at the footer of those Services which are made available through a website or the menu area of those Services which are made available as an application. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.

Privacy and Your Account

Registration data and other information about you are subject to our privacy policies. If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old email address shall be deemed sufficient notice.

Fees and Payments

You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service at the rates in effect when the charges were incurred. We will bill all recurring charges automatically to your credit card or PayPal account. Subscription fees will be billed at the beginning of your subscription or any renewal. Generally, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different credit card or you need to update your credit card details, please email [email protected] to make changes. If you believe someone has accessed a Service using your username and password without your authorization, please immediately notify us by emailing [email protected] You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.

Term | Cancellation and Renewal

This Agreement shall remain in full force and effect while you use the Services. Your subscription will renew automatically until it is canceled in accordance with this Section. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card or PayPal unless you pay by check. We may cancel your subscription at any time upon notice to you. You may cancel your subscription here: https://elitesportsny.com/my-account

There are no refunds issued for matters related to content, including comments.

Availability of Service through other Platforms | Third Party Payment Services

If you access a Service through a mobile application or other type of third-party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

We use a third party not affiliated with us to process payments for a Service (a “Third Party Processor”). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

Limitations on Use 

Only one individual may access a Service at the same time using the same username or password.

The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws.

Restrictions on Use of the Content

You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

You may not attempt to circumvent any restrictions imposed on your use or access of the Services.

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.

Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

Links To Other Web Sites

Our Service may contain links to third party websites or services that are not owned or controlled by Elite Sports NY, LLC.

Elite Sports NY, LLC. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Elite Sports NY, LLC 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 third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had with us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Disclaimer

The views expressed by the writers and those providing comments on this website are theirs alone and do not necessarily reflect the views of Elite Sports NY, or our advertisers.

Elite Sports NY makes no representations as to the accuracy, completeness, suitability, or validity of any information on this site, and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

We reserve the right to delete, edit, or alter in any manner we see fit blog entries or comments that we, in our sole discretion, deem to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, or is otherwise unacceptable.

We do receive compensation and monetary funds from advertisers or affiliates to help support the operating costs of this website. We are not responsible for any experience you may have with our advertisers or affiliates. We may from time to time post product reviews on our site for which we do receive free product samples. All reviews are the sole opinion of the author, and we do not guarantee that your experience with a company we review will be exactly the same as that of the reviewer.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, MEMBER BENEFITS IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOSTON SPORTS JOURNAL OR IT’S PRESIDENT, OFFICERS, EMPLOYEES, ADVERTISERS AND CONTENT PROVIDERS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, MEMBER BENEFITS FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DOW JONES PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

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