Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to the Terms and Conditions set forth below (the "Terms"). If you do not agree to all of these Terms, do not use this site.

Innovative Sports Strategies, Inc., a Wisconsin corporation ("ISS") may revise and update the Terms at any time. Your continued usage of the ISS website, located at www.iss-biz.com ("ISS Site," or the "Site,") will mean you accept those changes. Please note that if you are a licensed user of the Elevation software, your access to and use of that software will be governed by the terms and conditions of a separate agreement between you and ISS, and these Terms do not apply to your use of the Elevation software.

1. ISS Website

These Terms apply to all users of and visitors to the Site, including users who are also contributors of video content, information, and other materials or services on the Site. The Site may contain links to third party websites that are not owned or controlled by ISS. Because ISS has no control over such sites and resources, you acknowledge and agree that ISS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such sites or resources. In addition, ISS will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly release ISS from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ISS Site and to read the terms and conditions and privacy policy of each other website that you visit. You further acknowledge that ISS shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in ISS's listings or search results, or that are otherwise provided to ISS by third parties.

2. Website Access; Grant of License

ISS hereby grants you permission to use the Site and to display and print materials from the Site, as set forth in these Terms, provided that: (i) such use is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site or any content in any medium without ISS's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose as described in subsection (i) above; and (iv) you will otherwise comply with the Terms.

In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ISS immediately of any breach of security or unauthorized use of your account. Although ISS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ISS or others due to such unauthorized use.

3. Intellectual Property Rights

The content on the ISS Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ISS and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever (other than those described in Section 2 above) without the prior written consent of the respective owners. ISS reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ISS Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ISS Site or the Content therein.

No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.

4. User Submissions

The ISS Site may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ISS does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ISS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. While you retain all of your ownership rights in your User Submissions, by submitting the User Submissions to ISS, you hereby grant ISS a worldwide, non-exclusive, non-revocable, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, and perform the User Submissions in connection with the ISS Site and the general promotion of ISS (and its successor's) business, including without limitation for promoting and redistributing part or all of the ISS Site (and derivative works thereof) in any media formats and through any media channels now existing or later created. You also hereby grant each user of the ISS Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ISS all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ISS or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. ISS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ISS expressly disclaims any and all liability in connection with User Submissions. ISS does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ISS will remove all Content and User Submissions if properly notified (in accordance with these Terms) that such Content or User Submission infringes on another's intellectual property rights. ISS reserves the right to remove Content and User Submissions without prior notice. ISS may also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. ISS also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ISS may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ISS to locate the material;
- (iv) Information reasonably sufficient to permit ISS to contact you, such as an address, telephone number, and, if available, an electronic mail;
- (v) A statement that you have 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
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ISS's designated Copyright Agent to receive notifications of claimed infringement is Brian Cole, who can be reached through the Contact page. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ISS customer service through the Contact page. You acknowledge that if you fail to comply with all of the requirements of this Section 4(D), your DMCA notice may not be valid.
You understand that when using the ISS Site, you will be exposed to User Submissions from a variety of sources, and that ISS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ISS with respect thereto, and agree to indemnify and hold ISS, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
ISS permits you to link to materials on the Site for personal, non-commercial purposes only. ISS reserves the right to discontinue any aspect of the ISS Site at any time.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE ISS SITE SHALL BE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, ISS, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. ISS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 ISS SITE. ISS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ISS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ISS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL ISS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ISS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ISS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by ISS from its facilities in the United States of America. ISS makes no representations that the ISS Site is appropriate or available for use in other locations. Those who access or use the ISS Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless ISS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ISS Site; (ii) your violation of any term of these Terms or breach or alleged breach of any representation or warranty herein; (iii) your violation of any third party right, including, without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the ISS Site.

8. Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ISS without restriction.

9. Practices Regarding Use and Storage

You acknowledge that ISS may establish general practices and limits concerning use of the Site, including, without limitation, the maximum number of days that discussion board postings, User Submissions or other Content will be retained by the Site, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that ISS has no responsibility or liability for deletion or failure to store any messages and other communications or other Content or User Submissions, maintained or transmitted by the Site. You acknowledge that ISS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ISS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

11. General Information

The Terms constitute the entire agreement between you and ISS and govern your use of the Site. The Terms and the relationship between you and ISS shall be governed by the laws of the State of Wisconsin without regard to its conflicts of law provisions. You and ISS agree to submit to the personal and exclusive jurisdiction of the appropriate state or federal court located within Milwaukee County, Wisconsin. The failure of ISS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found 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 of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action you allege arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Update to Terms: December 29, 2008