Terms of Use

BIG SPORTS RADIO TERMS OF USE

Effective Date:  January 12, 2021

Big Sports Radio at Bigsportsradio.com is a website (“the Site”) owned and operated by LMBC Sports, LLC (“the Site Owner” or “we”) that provides multi-media and interactive contents and services. Any use or registration of any part or service of the Site shall constitute express acceptance by any such user or registrant (“you” or “user”) of the Site’s Terms of Use, Privacy Policy, Website Disclaimer and Intellectual Property Policy (“the Site Terms”) including, but not limited to, the following:

  1. Any use or registration to access any content or service of the Site constitutes acceptance and consent by you to be legally and equitably bound by all applicable terms and conditions of the Site Terms.
  2. We reserve the right to change the Site Terms from time to time at our sole discretion without notice to you. Thus, you are encouraged to review the Site Terms periodically. If you do not agree with any Site Term or any change to any such term, you must immediately discontinue your use of the Site. The Site Terms apply to both free-of-charge and subscription-based contents and services wherever applicable.
  3. Any use or registration to access contents or services of the Site is subject to your full compliance with all applicable laws and regulations.
  4. We provide contents and services on the Site solely for your personal, and not commercial, enjoyment and entertainment, and reserves all rights and interest to any intellectual property and proprietary information in any such contents or services. Use of any part of this Site, including registration as a subscriber, constitutes your express acceptance of all applicable Terms of Use, Privacy Policy, Website Disclaimer and Intellectual Property Policy.
  5. The contents on any part of the Site may not be used, reproduced, distributed or published without our written permission. Views expressed on this site, including those posted by users or subscribers, may not necessarily be those of the Site Owner.
  6. The Site’s contents and services are not intended to be used for or facilitate any form of betting, gambling, wagering. By using or access the Site, you agree that you will not rely on any information given or provided at the Site for any betting, gambling or wagering and that the Site Owner shall not be responsible or liable to anyone for information, allegedly incomplete, inaccurate, misleading, inadequate or otherwise, provided on the Site.
  7. The Site Owner assumes no responsibility or liability in connection with your use of the Site. Your use of the Site is solely for your non-commercial entertainment and personal enjoyment and is at your sole risk. All contents and services on this Site are provided to users on a “as is,” “as provided” and “as available” basis. Any information downloaded, installed, obtained or otherwise received by you or your device from your use of the Site is done solely at your own discretion and risk. You are responsible and liable for any damage sustained or caused by you, a third party or your or the third party’s device used to access this Site from any such information downloaded, installed, obtained or otherwise received, including any loss or corruption of data on your device.
  8. THE SITE OWNER EXPRESSLY AND AFFIRAMTIVELY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, (B) FITNESS FOR A PARTICULAR PURPOSE, (C) MISAPPROPRIATION OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF THIRD PARTIES, (D) TITLE; (E) QUITE ENJOYMENT; (F) PROTECTION OR FREEDOM FROM COMPUTER VIRUS, MALWARE, ERRORS, FLAWS, BUGS OR SECURITY THREATS; AND (G) FULL OR PARTIAL SATISFACTION OR MEETING OF THE USER’S EXPECTATIONS.
  9. Force Majeure - Notwithstanding anything to the contrary contained herein, the Site Owner shall not be liable for any delays, interruptions, or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God including, without limitation, flood, earthquake, wildfire and wind, acts of war, acts of terrorism, acts of third parties, acts of sabotage, civil unrest, labor disputes, shortage of supply, breakdowns, malfunctions, interruptions or malfunction of computer facilities including host or storage server facilities, or loss of data or service due to power failures or electro-mechanical malfunctions with data storage or retrieval systems.
  10. No Right to Injunctive or Equitable Relief - You acknowledge and agree that any alleged damage that may arise from any alleged act or omission by the Site Owner in connection with your use of the Site in any way is not irreparable and does not confer standing and right to seek injunctive or any other equitable remedy against the Site or the Site Owner, including, without limitation, any operation or service of the Site.
  11. User Provided Information - With respect to any information you choose to provide, post, submit, upload or reference on any part of the Site or to the Site Owner, publicly or privately, including, without limitation, personal data, statistics, photographs, images, presentations, suggestions, advice, predictions, trade secrets, know-how and any allegedly valuable or proprietary information (the “user provided information”), you acknowledge and agree that (a) you have the legal and equitable right, permission or consent to provide, post, submit, upload or reference such information on the Site or to the Site Owner; (b) you grant the Site and the Site Owner an automatic, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable, and irrevocable right to any such information, including the right and the license to retransmit, distribute, reproduce, modify, publish, make derivative works and otherwise use in any manner; (c) the Site and the Site Owner has the right, but not the obligation, to review, edit, modify or delete any of your message or user provided information for any reason; (d) you allow the Site and the Site Owner to disclose any or all of the user provided information in response to any government, law enforcement or court order, discovery request, information request or subpoena under reasonable confidentiality if warranted and subject to any applicable law and regulation.
  12. Prohibited Conduct and Information - By accessing or using any part or service of this Site, you (a) agree not to engage in any illegal, inappropriate or immoral conduct including, without limitation, threatening, defaming, harassing any other user, subscriber or staff of the Site; (b) warrant and represent that any of your user provided information will not be inappropriate, illegal, immoral, defamatory, abusive, threatening, racist, offensive, bigoted, plagiarized, stolen, unauthorized, copied or used without authorization, infringing of third party intellectual property right, false, misleading, obscene, pornographic, sexist, discriminatory, profane or hateful (the “prohibited user information”); (c) agree and represent that your user provided information does not contain or is not equipped to transmit computer viruses, malware, worms, trojan horses, corrupted data or other malicious software; (d) grant the Site and the Site Owner the sole right to determine whether your conduct is illegal, inappropriate or immoral or whether any such user provided information is or constitutes prohibited user information for the purpose of administration of your use and subscription of contents and services of this Site; and (e) agree that, in reliance of the representations made by the users, the Site and the Site Owner may, but is under no obligation to, review any of the user provided information on the Site and do not assume any liability for any alleged harm or damage to any user or subscriber arising from any prohibited user information on the Site.
  13. For the avoidance of doubt and ambiguity, the prohibited user information shall include, without limitation, accusations of impropriety or illegal act by the Site, the Site Owner or staff and personal attacks of any of the subjects of the user provided information including, without limitation, players, coaches, referees and teams.
  14. You grant the Site and the Site Owner the sole right, but not the obligation and without any right to appeal or review, to cancel, suspend, freeze or terminate your membership or subscription, without any notice and any refund for any remaining term of the paid subscription, for a violation of Paragraphs 4, 6, 11, 12 and 13. In addition, we may limit or block your access to any or all part(s) of our Site and service, and terminate your membership or subscription at any time for what we deem inappropriate conduct, solely at our discretion and without any further dispute resolution, even if such conduct does not violate Paragraphs 4, 6, 11, 12 and 13.
  15. By registering to subscribe for any content or service on the Site, you (a) agree and represent that you are at least 18 years of age or the applicable age of majority in the state, territory or commonwealth where you reside; (b) agree to pay a subscription fee for the minimum subscription duration in effect at the time of your registration; (c) acknowledge and agree that the subscription, after the stated cancellation period at the time of your registration, will automatically be renewed and charged to your initial payment method without notice for the same subscription duration unless you unsubscribe in the manner provided on the Site; and (d) acknowledge and agree that unsubscribing or cancellation of your subscription after the commencement of a subscription duration will be effective at the end of the subscription duration and that no refund, partial or otherwise, will be made for the period between the time of the cancellation or unsubscribing and the end of the subscription duration. You may cancel your subscription at any time by sending an email to info@bigsportsradio.com subject to the other terms of this paragraph.
  16. To the extent that any part of the Site Terms and any other terms or rules for any portion or software used for the Site differ or conflict with each other, the Site Terms shall control with respect to any such difference or conflict.
  17. The Site Terms shall be governed by and construed, and the legal relations between any user or subscriber on one hand and the Site or the Site Owner or representative shall be determined, in accordance with the law of the State of Illinois without regard to the principles of conflicts of law. Notwithstanding any statute or law to the contrary, any claim you choose to bring against the Site or the Site Owner (including their representative, staff or agent) shall be subject to a one-year limitation after the initial accrual of any such claim, whether known or unknown by you, after which your claim will be forever waived and extinguished. The Site and the Site Owner reserve all rights against the user or subscriber for any violation of the Site terms and you agree to jurisdiction in the state or federal courts in Chicago, Illinois or any other venue where you are subject to jurisdiction. Any dispute regarding your allegation of any wrong-doing or violation of the Site terms by the Site or the Site Owner, including their representative or agent, shall be resolved in Chicago, Illinois through an arbitration procedure for which the parties will jointly appoint a qualified arbitrator who specializes in such matters to promptly resolve any disputes through arbitration. The arbitrator’s decision shall be final, non-appealable and binding upon the parties.
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