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Terms of Service

Conditions of Use - Use of the Net Competitor® website constitutes agreement to our terms of use. We encourage you to review the following information carefully.

Net Competitor® maintains this website as a service to it's customers. By accessing and/or using the website you are expressly agreeing to comply with and be bound by the following terms of service as well as all applicable laws and regulations. If you do not agree with these terms of use, you are not authorized to use this website and must not access or use it. You further agree that any updates, enhancements or added features to the site or it's services shall be made part of these terms of service. Additionally, certain features of this site may be subject to registration, processing and handling fees and/or subject to additional terms of service. You are responsible for promptly paying those fees to insure your right to access the services.

Ownership - All content included on this site, such as test, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing are property of Net Competitor® and are protected by U.S. and international copyright laws. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through our site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Net Competitor® or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Net Competitor®, services, products or software, in whole or in part.

Permitted Use - The content and software on Net Competitor® may be used as an information, entertainment, and registration resource. In addition, Net Competitor® authorizes you to view, copy, download, and print for personal use only any Net Competitor® owned content on this website. Such personal use is subject to the following conditions:

  1. Content may be used only for non-commercial, informational purposes
  2. The content may not be modified
  3. Copyright, trademark and other proprietary notices may not be removed
Except as expressly stated in these terms of service or as otherwise specifically authorized by Net Competitor®, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on Net Competitor®. Furthermore, you may not copy, reproduce, or distribute the design or layout of Net Competitor®, it's logo, or other design elements or software. Any use of Net Competitor® not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, 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 software contained in Net Competitor®. You agree not to modify any software for Net Competitor® in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to Net Competitor®. You agree not to acces this site by any means other than through the interface that is provided and authorized by Net Competitor®. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Net Competitor, Incorporated. You are prohibited from using meta tags or any other hidden text utilizing Net Competitor's name or trademarks without the express written consent of Net Competitor, Incorporated. Any unauthorized use of this websites voids the limited license granted by Net Competitor, Incorporated.

Trademarks - Net Competitor® trademarks identify our services, and let the public know the source of those services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our services without our permission, provided you follow standard trademark usage practices and provide proper attribution to Net Competitor®. Other uses require written permission from Net Competitor®, and absent such express permission, you agree not to use or display the Net Competitor® trademarks in any manner. Net Competitor® and other marks indicated on our site are trademarks owned exclusively by Net Competitor, Incorporated. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Net Competitor's, in any manner that seeks to disparages or discredit Net Competitor or in any manner that may cause confusion among our customers.

Copyright - All content on this website is the exclusive property of Net Competitor, Incorporated. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

Copyright Complaints - Net Competitor® respects the intellectual property of others, and as we ask our content partners and Net Competitor® users to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on Net Competitor® in a way that constitutes copyright infringement, we ask that you contact us to determine the appropriate action.

User Content - Net Competitor® may provide interactive areas in which users may post communications. You understand that all information (including your user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not Net Competitor®, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via Net Competitor®. Net Competitor® does not control the content posted via the website, and as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using Net Competitor®, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Net Competitor® be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Net Competitor® website. You further understand that the intent has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable content. Specifically, 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.

Net Competitor® does not claim ownership of any content submitted and/or posted by you on our site. However, by submitting and/or posting any content to the Net Competitor® site you grant Net Competitor® a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

In consideration of being allowed to use this site you agree not to:

  1. Impersonate any person or entity, whether actual or fictitious, including impersonating an employee or consultant of Net Competitor®
  2. Use an inappropriate user name of any kind
  3. Target or harm other users in any way
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Net Competitor®
  5. Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or contractual or fiduciary relationships, that infringes any patent, trademark, trade secret, copyright or other proprietary rights.
  6. 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, except in those areas that are designed for such purpose.
  7. Upload, post, email, transmit, or otherwise make available any material that contains 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.
  8. Interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this site.
  9. Violate any applicable local, state, national or international law
  10. Provide material support or resources to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
  11. Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abuse, harassing, tortious, defamatory, vulgar, obscene, lielous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  12. "Stalk" or otherwise harass another user
You acknowledge, consent and agree that Net Competitor® 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 comply with legal process, respond to claims that content violates the rights of third parties, respond to your request for customer service, protect the rights, property or personal safety of Net Competitor®, it's users and the public, or to enforce these terms of service.

You understand that the technical processing and transmission of this site, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connection to networks or devices.

Registration - You are responsible for maintaining the confidentiality of your password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration. You further represent that you are of legal age 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 provide true, accurate, current and complete information about yourself as submitted to Net Competitor® and to maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Net Competitor® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Net Competitor® has the right to immediately suspend or terminate your account and refuse any and all current or future use of the site and any related services. Net Competitor® services are intended to apply to a broad audience. Accordingly, if you are a parent or legal guardian of a child using Net Competitor®, it is your responsibility to determine whether any of the site or it's services are appropriate for your child.

Charges - Some services in this website require payment. By using those services you authorize Net Competitor® to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service. All fees shall be paid in U.S. dollars. Net Competitor® reserves the right to change any fees or billing methods at any time. Net Competitor® also has the right to collect applicable taxes and impose premium surcharges for some services and these surcharges may apply immediately after you register for the associated service.

Refunds - Purchases are final. However, there are some exceptions.

Registration refunds:

  1. The competition is cancelled prior to it's start date
  2. The competition you registered for is illegitimate
  3. Due to fraudulent activity not commited by you and of no fault of your own
  4. Site error or an error in processing.

Merchandise returns and refunds:

  1. Within 30 days of sale of the products you purchased from us, you may return any item in new condition, with its original packaging and any accessories for a full product refund.
  2. We do not refund any shipping charges. Items that are used, not in original packaging or otherwise not in new, sellable condition are subject to a minimum 15 percent (15%) restocking fee.
  3. Do not attempt to disassemble any items. Attempts to change the appearance or function of any item you purchased from us will void the warranty and your right to return the product for a full refund.
  4. If you just want to exchange an item, please indicate that on the back of the invoice.
  5. All the exchanges and refunds will be processed within 2 weeks from the moment we receive all the item(s) back.
  6. Please write the reason for your return, as well as your phone number, on the back of a copy of your invoice.
  7. Enclose the slip in the carton, wrap the package securely, and send it to the following address:
    Net Competitor
    258 A Street, Suite 1 #468, Ashland OR 97520

All refunds must be authorized by Net Competitor. You must submit your claim in writing, at which we will review your claim and research the case. We will attempt to have a response within 3 business days. A response does not mean your claim will be granted. A response is intended to inform you about our initial course of action, which may include criminal investigation, if applicable.

If a refund is granted, you will be given a refund for the registration amount less our administrative and processing fees, unless the charge is illegitimate.

Online Payment Processing - In some cases you may charge a fee for participation in competitions you list on Net Competitor® using our payment processing. Net Competitor® uses Braintree, a division of PayPal, Inc. (Braintree) for match registration payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Net Competitor® is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that Net Competitor® has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

Net Competitor® uses Clearent, LLC for payment processing of product purchases. The products for sale on Net Competitor are made available and are sold by Two Sparrows, LLC. Any purchases of products on Net Competitor will show on your credit card statement as "Two Sparrows".

Pricing Information Disclosure for California Residents - Under California Civil Code Section 1789.3, California residents that access our site and services are entitled to the following specific consumer rights information:

  1. Pricing Information
  2. Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

Redemption of Free Product and Coupon Offers - From time to time, Net Competitor® offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our website or announced via other means of communication in conjunction with the promotion of the Net Competitor product collection, including radio and TV broadcasts, internet forums and various online websites.

We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Net Competitor®, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.

Disclaimer of Warranties - You expressly agree that use of Net Competitor® is at your sole risk. Net Competitor® is provided on an "as is" and "as available" basis. Net Competitor® and it's affiliates, directors, officers, employees, agents, partners and licensors expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The information on the Net Competitor® site is provided with the understanding that neither Net Competitor® nor it's users, while such users are participating on Net Competitor®, are engaged in rendering legal or professional counseling or other professional services or advice.

Net Competitor® makes no warranty that the site will be uninterrupted, secure, or error free. Net Competitor® does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Net Competitor® site. Net Competitor® is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

Limitation of Liability - Net Competitor® and it's affiliates, directors, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

  1. The use or the inability to use the Net Competitor® site or services
  2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Net Competitor® website
  3. Your participation in any promotion or program coordinated by Net Competitor®
  4. Unauthorized access to or alteration of your transmissions or data
  5. Statements or conduct of any third party on the Net Competitor® website
  6. Any other matter relating to the Net Competitor® website or services
You agree that Net Competitor®'s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by Net Competitor® from you. You expressly agree that your use of www.netcompetitor.com is at your own risk. Net Competitor, Incorporated cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Net Competitor, Incorporated will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification - You agree to defend, indemnify and hold harmless Net Competitor®, it's affiliates, directors, officers, agents, partners, contractors, licensors, licensees, and employees from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees), relating to or arising out of; your use of our services; the site; any other websites accessed from or affiliated with the Net Competitor® site; any products purchased off of the Net Competitor® site or websites available from or related to the Net Competitor® site; your violation of these terms of service; content you submit, post, transmit, or otherwise make available though the Net Competitor® site; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Termination - Net Competitor® reserves the right, in it's sole discretion, to immediately and without prior notice, to suspend or terminate these terms of service or your registration with or ability to access the Net Competitor® site and/or any service provided to you by Net Competitor® upon:

  1. Any breach by you of these terms of service or upon your demonstration of conduct that Net Competitor® determines to be inappropriate
  2. Requests by law enforcement or other government agencies
  3. A request by you
  4. Discountenance or material modification to the Net Competitor® services
  5. Unexpected technical or security issues or problems
  6. Extended periods of inactivity
  7. Engagement by you in fraudulent or illegal activities
  8. Nonpayment of any fees owed by you in connection with our services
Where your account or registration is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by Net Competitor® as part of your use and registration of the Net Competitor® site. Net Competitor® shall not be required to refund any such amounts to you and you shall remain liable to Net Competitor® for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by Net Competitor® in its sole discretion without any notice or liability to you. Net Competitor® shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Net Competitor® services.

Modification - Net Competitor® reserves the right at any time and from time to time to modify or discontinue, temporary or permanently, these terms of service, the Net Competitor® site, or any of it's services with or without prior notice. Net Competitor® shall not be liable to you or any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the terms of service or to exercise any right under the terms of service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Net Competitor® may assign its rights and obligations under these terms of service and upon such assignment Net Competitor® may be relieved of any further obligation hereunder.

You represent to Net Competitor® that you have the authority to register with our website according to these terms of service. The failure of Net Competitor® to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If any provision of these terms of service is founded 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 in these terms of service remain in full force and effect. The section titles in these terms of service are for convenience only and have no legal or contractual effect. Net Competitor® may provide you with notices, including those regarding changes to these terms of service, by email, regular mail, or postings on the website.

Net Competitor® reserves the right to change fees and/or surcharges. Changes of any fees or surcharges are not retroactive.

Applicable Law - By visiting netcompetitor.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Net Competitor, Incorporated.

   
         
   
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