Terms & Conditions

YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEBPAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEB SITE.

TERMS OF USE

1. WEB SITE OWNERSHIP

This Web site (the “Site”) is owned and operated by Levitating Sports, LLC, 3356 Ft. Meade Road, Suite 300, Laurel, Maryland 20724, which is referred to below as "Levitating Sports", "we", "us", "our" or "Company".

2. PERMITTED USE

You agree that:

(a) your use of this Web site is subject to and governed by these Terms of Use;

(b) you will only access or use this Web site and transact business with us if you are at least 18 years old;

(c) you will comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site;

(d) each use of this Web site by you indicates and confirms your assent to and agreement to be bound by these Terms of Use; and

(e) these Terms of Use are a legally binding agreement between you and Levitating Sports that will be enforceable against you.

You agree not to use or attempt to use this Web site for any purpose that:

(a) interferes with or induces a breach of the contractual relationships between Levitating Sports and its employees;

(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;

(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;

(d) transmits any harmful or disabling computer codes or viruses;

(e) interferes with our network services;

(f) attempts to gain unauthorized access to our network services;

(g) impairs or limits our ability to operate this Web site or any other person's ability to access and use this Web site; and/or

(h) uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Levitating Sports.

(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;

(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves

images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

(m) dilutes or depreciates the name and reputation of the Levitating Sports or any of its affiliates;

(n) uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or

(o) unlawfully uploads any confidential, proprietary or trade secret information.

3. USE AND ACCESS OF THIS WEB SITE

Levitating Sports reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Web site. You agree that you may not use or attempt to use any part of this Web site to represent that you have any (express or implied) affiliation with Levitating Sports or broker relationship with Levitating Sports without the express written permission of Levitating Sports. You may not use this Web site to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Web site.

You agree and acknowledge that you have the sole responsibility and liability for your use of this Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Site.

4. INTELLECTUAL PROPERTY RIGHTS

The Levitating Sports marks appearing on this Site including, but not limited to LEVITATING SPORTS®, LSTM, Put Your Team Above the RestTM and the respective logos, emblems, slogans and designs are trademarks and/or service marks of Levitating Sports, LLC.

The LEVITATING SPORTS® products may be covered by one or more of the following U.S. patent numbers: D563,825.

"The Collegiate Licensing Company", "CLC", "iCLC", the "Officially Licensed Collegiate Products" label, various CLC and service provider trade names and associated logos are the intellectual property of CLC or its service providers. The names and logos of the CLC Institutions are the property of the respective CLC Institutions. Nothing contained on this Site should be construed as granting any license or right to use any mark displayed on this Site without the express written permission of the respective mark owner.

All other marks used on this Site are the property of their respective owners.

Web Page Content: You acknowledge and agree that:

(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the "look and feel", and the operation of this Site (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and

(b) all rights associated with the Web Page Content are owned by Levitating Sports, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Site:

(a) in or as any meta-tag or hidden text;

(b) in or as part of any contextual marketing directory, index, or triggering term;

(c) as content or advertising related to any other web site including, but not limited to, comparative/informational web sites; and/or

(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as this Site or controls the content of any other Internet browser window.

Submissions: You acknowledge and agree that all submissions to Levitating Sports containing any comments, improvements, suggestions, and ideas regarding this Site will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Levitating Sports' unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials: You acknowledge and agree that all testimonials submitted to Levitating Sports will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Levitating Sports the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Levitating Sports may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name therewith.

5. DIGITAL MILLENNIUM COPYRIGHT ACT

Levitating Sports is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:

Levitating Sports, LLC Attn: Michael Stahlnecker 3356 Ft. Meade Road, Suite 300 Laurel, Maryland 20724 Fax – (301) 206-2014

6. CUSTOM PRODUCTS

We may offer custom products through this Site for personal use. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your image submission, (ii) your image submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose.

Image submissions containing minors, under the age of eighteen (18), must have written consent from such individual's parent or legal guardian. Levitating Sports does not assume responsibility to verify the age of individuals contained in your image submission. However, Levitating Sports reserves the right to request supporting information to verify the age of any individual and to request a written consent for every identifiable individual who appears in your image submission.

By uploading your image submission, you hereby grant Levitating Sports and its affiliates and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.

7. LINKING AND THIRD-PARTY ADVERTISING

Not Responsible For Links to Other Web sites: For your convenience, this Site may provide links to other web sites on the World Wide Web. Unless expressly stated otherwise on this Site, Levitating Sports does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Site may provide a link. By using this Site you acknowledge and agree that Levitating Sports will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. Levitating Sports does not permit third-party advertising on this Site. Except with the written permission of Levitating Sports, you agree that you will not create links from any web site or webpage to this Web site or any webpage within this Site.

8. REVISIONS

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Site at the time you access this Site. Because these Terms of Use may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Site are subject to updating and revision without notice to you. Levitating Sports will honor current pricing at the time of your order. However, Levitating Sports reserves the exclusive right to change pricing, at anytime, without notice. You further acknowledge and agree that the Terms of Use may not be altered except with the express written permission of the chief executive officer of Levitating Sports.

9. LOCATION

You understand and acknowledge that Levitating Sports controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.

10. USER IDs AND PASSWORDS

Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Site. You agree to notify Levitating Sports immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

11. THE INTERNET AS AN OPEN NETWORK

While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and Levitating Sports, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

12. PRIVACY AND SECURITY

Levitating Sports respects the privacy of visitors to our Site. To review information about the privacy policy applicable to the Site, please visit our Privacy Policy. The Privacy Policy explains how Levitating Sports collects and handles personally identifiable information provided by you on or through the Site.

13. INDEMNIFICATION

If you make any unauthorized use of this Site or violate the Terms of Use: (a) you may be in violation of laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Levitating Sports. You agree to indemnify Levitating Sports and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Site and/or your breach/violation of or failure to comply with the Terms of Use.

14. PURCHASES

If you wish to purchase any products or services through this Site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.

Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.

We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

15. RETURNS AND PRODUCT GUARANTEE

Hassle Free Money-Back Guarantee - If your LEVITATING SPORTS® products arrive damaged or if the product is defective you can return it within 30 days of the delivery date and we will refund you for the damaged or defective item, less shipping charges or replace it at our discretion. Items must be in original condition and in original packaging.

Returning an Item

1. Call us at 888-994-3563 or e-mail us at customerservice@levitatingsports.com and we will accommodate your request.

2. Have your LEVITATING SPORTS® order number ready or included in the email subject.

3. Once we authorize the return and provide you with a Return Authorization number, place your LEVITATING SPORTS® product in the package it was shipped in and clearly mark the Return Authorization number on the outside of the package.

4. We highly recommend using a traceable shipping service when returning your package to our warehouse. Please send all returns to: Levitating Sports • 350 Wiconisco St. • Millersburg, PA. 17061

Return Policy - If you purchased your LEVITATING SPORTS® products using both a Gift Card or E-Certificate and another form of payment, we will first credit or replace the Gift Card or E-Certificate with the amount originally deducted from it and then credit your other form of payment for the balance.

16. MINIMUM ADVERTISED PRICE POLICY (MAP)

Levitating Sports, LLC has determined that its interests are best served through the adoption of a minimum advertised price (“MAP”) policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners (2) support the Levitating Sports, LLC brand as a premium offering; and (3) avoid destructive intra-brand channel conflict.

This policy has been unilaterally adopted by Levitating Sports, LLC and will be uniformly enforced.

Policy Coverage - This MAP policy covers all Levitating Sports, LLC resellers located in the United States. Although resellers remain free to establish their own resale prices, Levitating Sports, LLC will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Levitating Sports, LLC products at prices below those specified herein. Levitating Sports will not discuss any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any reseller. Levitating Sports neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with Levitating Sports shall constitute an agreement between Levitating Sports and reseller that the reseller will comply with this MAP policy.

MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Levitating Sports from time to time.

Minimum Advertised Price - The current listing of products and applicable MAP prices are published on Levitating Sports’ website on the {Price List Page Information}. The products and MAP may be changed from time to time at Levitating Sports’ sole discretion. Levitating Sports resellers are responsible for remaining current with MAP policy, products and pricing.

Each advertisement below the MAP will be a violation of the policy.

The MAP policy applies to all advertisements of specific Levitating Sports products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.

Policy Violations - In the event a reseller chooses not to follow the Levitating Sports MAP policy, sanctions will be unilaterally imposed by Levitating Sports.

Violations of MAP policy shall be determined by Levitating Sports in its sole discretion. Levitating Sports will not accept any communication from a reseller who has violated this MAP policy regarding the violation or the willingness of the reseller to bring its prices into compliance with the MAP policy.

In addition to the above, failure to adhere to the MAP policy will be a factor taken into consideration in the determination of the acceptance of reseller’s annual application for participation in the Levitating Sports reseller program.

Policy Modifications - Levitating Sports reserves the right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable.

Unilateral Action - Levitating Sports is not seeking agreement from any reseller to adhere to this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply.

Contact Information - LEVITATING SPORTS SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.

All questions or comments regarding this MAP policy are to be directed to the policy administrator at michael@LevitatingSports.com. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy and receiving any communication regarding sanctions imposed under this policy.

17. DISCLAIMERS

UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LEVITATING SPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. LEVITATING SPORTS HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.

YOU ACKNOWLEDGE AND AGREE THAT LEVITATING SPORTS IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, LEVITATING SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEVITATING SPORTS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT LEVITATING SPORTS, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.

18. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LEVITATING SPORTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT LEVITATING SPORTS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL LEVITATING SPORTS' TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.

19. COMMUNICATIONS WITH COMPANY

Time Sensitive Instructions: When communicating with us through this Site, PC-talk, chat or via e-mail, do not use the Site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature: General communications through this Site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the Site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Prohibited E-mail Content: All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member's employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to Levitating Sports by contacting our office using the contact information on our Site. The use of the Company's e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company's e-mail and/or communication facilities for purposes of soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.

Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.

Opt-Out: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Levitating Sports, you may opt-out by contacting our office using the contact information on our Site.

Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient's responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company's e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.

Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney's fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

20. ADDITIONAL TERMS

You acknowledge that certain features of this Web site, as well other products and services of Levitating Sports, including those that may be available through this Web site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted: By submitting information to Levitating Sports through the Web site or otherwise, you are making an inquiry as to Levitating Sports' programs and services and give Levitating Sports and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.

Permission to Share Your Information: When you "submit" information through the Levitating Sports Site or otherwise, Levitating Sports may send your information to its affiliates. If you do not want your information shared with Levitating Sports affiliates, you should contact our office using the contact information on our Site.

Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Levitating Sports may rely.

Your Cooperation Needed: Levitating Sports generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Levitating Sports of any changes in any information submitted in connection with your order.

Reasonable Efforts: Levitating Sports will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Levitating Sports is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Levitating Sports' reasonable control.)

21. GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in Baltimore County, Maryland, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

22. SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Copyright 2011 LEVITATING SPORTS, LLC. All rights reserved.

©2011 Levitating Sports, LLC. All Rights Reserved.