Permission to use materials from this server ("Server") is granted by UDPride.com (UDPride), provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any unauthorized purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above INCLUDE the design, layout, and aesthetic composition of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from this website may be copied or retransmitted unless expressly permitted by UDPride.
UDPRIDE AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AND/OR FILES PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING DOCUMENTS, RELATED GRAPHICS, AND OTHER FILES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL UDPRIDE AND/OR ITS RESPECTIVE PARTNERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF UDPRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF RELATIONS
UDPride is a public domain that focuses on University of Dayton sports. It is a site for UD fans, alumni, and students to provide coverage and information regarding UD athletics. UDPride and its Partners offer no expressed or implied relationship with the University of Dayton and acts solely at the discretion and interest of the developers. The University of Dayton does not in any way endorse UDPride and makes no claims to the accuracy or suitability of the site.
Any software ("Software") or other downloadable files ("Files") that are made available to download from this server ("Server") is the copyrighted work of UDPride and/or its Partners. The end user shall not download any Files or Software that is not accompanied by or does not include a direct statement allowing such use.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE OR OTHER SERVER FILES ORIGINATING FROM UDPRIDE.COM TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
UDPRIDE HEREBY DISCLAIMS ALL LIABILITIES AND CONDITIONS WITH REGARD TO SERVER SOFTWARE AND FILES, INCLUDING ALL CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL UDPRIDE AND/OR ITS RESPECTIVE PARTNERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF UDPRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UDPride, UDPride.com and the names of UDPride or UDPride.com products or services referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of their owners. Java, VBulletin, The University of Dayton, The Atlantic-10 Conference, NCAA, and NIT are either trademarks or registered trademarks of their respective entities and are bound by the regulations set forth by them.
Other product, company, or institutional names not mentioned herein may be trademarks and/or service marks of their respective owners.
LINKS TO THIRD-PARTY SITES
LINKED SITES ARE NOT UNDER THE CONTROL OF UDPRIDE AND UDPRIDE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. UDPRIDE PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY UDPRIDE OF THE SITE OR PRODUCTS OR SERVICES ASSOCIATED WITH THE LINKED SITE.
LINKS FROM OTHER SITES TO UDPRIDE
UDPRIDE GRANTS PERMISSION TO OTHER SITES TO ESTABLISH HYPERLINKS TO UDPRIDE ONLY AS LONG AS THE HYPERLINKS ARE NOT FRAMED WITHIN THE ORIGINATING SITE. ANY USE OF UDPRIDE.COM LINKS FROM OTHER SITES MUST BE DETACHED FROM ALL OTHER ADVERTISEMENTS, SERVERS, SOFTWARE, FILES, AND OTHER NON ORIGINATING MATERIALS. ANY GRAPHIC HYPERLINKS APPEARING ON OTHER SITES SHALL ONLY COME FROM UDPRIDE AND MUST POINT DIRECTLY TO NON-FRAMED CONTENT ORIGINATING ON THE UDPRIDE SERVER. UNDER NO CIRCUMSTANCE SHALL OTHER SITES, SERVERS, COMPANIES, OR OTHER ENTITIES USE NON-ORIGINAL GRAPHICS WITHOUT THE EXPRESSED CONSENT OF UDPRIDE AND/OR ITS PARTNERS.
All promotions found on this Server are the property of UDPride. UDPride reserves the right to change, alter, or cancel promotions at any time without notice.
All merchandise sold on UDPride.com is sold AS-IS with no implied or expressed warranties. UDPride and/or its Partners may elect to replace, repair, or refund merchandise or costs at their discretion only. IN NO EVENT SHALL UDPRIDE AND/OR ITS RESPECTIVE PARTNERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PHYSICAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF LIFE) arising from the use of merchandise purchased from this Web site.
USE OF SERVICES
To make our sites more valuable to our visitors, we may offer some features in conjunction with other providers ("Provider Partners"). Our email newsletters, email services, online communities and online classifieds for example, may be made available through cooperative arrangements with providers that specialize in operating such services. In some instances, our Provider Partners will have the same access to your information as we do. Their use of the information will be subject to the terms of their respective privacy policies, which you can find on their websites.
In addition to any other terms or notices, by accessing this website, you agree not to use the services available through this website for any unlawful purpose. We reserve the right to terminate or restrict your access to this website or our service if, in our opinion, your use may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this agreement.
You understand that all information, data, text, photographs, graphics, messages, tags, or other user-generated materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the website visitor from whom such Content originated. Accordingly, you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via this website. This website, including its sponsors, advertisers, partners, service providers, or their respective employees, officers, directors, parents, affiliates, subsidiaries, divisions, licensors, contractors or agents (each, a “Third Party Affiliate” and collectively, the “Third Party Affiliates”) does not control the Content posted by visitors to this website and, as such, does not guarantee the accuracy, integrity, fitness, or quality of such Content. You understand that by accessing this website in any way, you may be exposed to Content that is offensive, indecent, or objectionable. You agree that neither this website nor any Third Party Affiliate will 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 or misuse, either as an anonymous user or registered member of this website, of any Content posted, emailed, transmitted or otherwise made available via the services available on or through this website,
UDPRIDE MAKES NO CLAIM OF WARRANTY, SUITABILITY, ACCURACY, OR FITNESS TO ANY INFORMATION CONTAINED ON THE WEB SITE. BY ACCESSING THIS WEB SITE, YOU AGREE THAT ALL INFORMATION IS "AS-IS", "WHERE-IS", AND AGREE THAT UDPRIDE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UDPRIDE, ITS OWNERS, AND PARTNERS WILL NOT BE LIABLE (EITHER JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THIS WEBSITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT DEPICTED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE EXCLUDED DAMAGES. YOU AGREE THAT THE LIABILITY OF THE REPRESENTATIVES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE CONTENT AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF SUCH CONTENT AND/OR SERVICE.
OWNERSHIP AND LICENSING
This website does not claim ownership of Content you submit or make available for use on this website. However, by posting or otherwise submitting such Content, for inclusion on this website, you grant this website and its Third Party Affiliates a perpetual, worldwide, royalty-free, irrevocable, fully assignable (in whole or in part), non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on this website or any services associated or affiliated with this website.
Once posted or available on this website, you agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another website or service. You agree not to post any content available on this website to any weblogs, newsgroups, mail lists, electronic bulletin boards or other services without our written consent in each instance.
You agree to indemnify, defend and hold this website, it owner’s and the Third Party Affiliates harmless from any and all claims or demands (including reasonable attorneys' fees), made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through this website, your use of any content or services made available through this website, your violation of this agreement, or your violation of any rights of another party.
BY ACCESSING THIS WEBSITE, YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THIS WEBSITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND THIS WEBSITE, ITS OWNERS, AND THE THIRD PARTY AFFILIATES (EACH OF THE FOREGOING, A “REPRESENTATIVE” AND COLLECTIVELY, THE “REPRESENTATIVES”) SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REPRESENTATIVES WILL NOT BE LIABLE (EITHER JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THIS WEBSITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT DEPICTED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE EXCLUDED DAMAGES. YOU AGREE THAT THE LIABILITY OF THE REPRESENTATIVES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE CONTENT AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF SUCH CONTENT AND/OR SERVICE.
SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE REPRESENTATIVES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the products or services provided through this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement contains the agreement between you and this website regarding your use of the website and supersedes all previous and contemporaneous oral or written agreements regarding your use of the website. Additional agreements may apply based on your specific use of this website, such as a Members Agreement. We may discontinue or change the services provided through this website, or their availability to you, at any time. This agreement is personal to you, which means that you may not assign your rights or obligations under this agreement to anyone. Except as provided in this agreement, no third party is a beneficiary of this agreement. You agree that any and all claims arising from this agreement relating in whole or in part to UDPride, its Owners, and its operations will be governed by and construed in accordance with the laws of the State of Ohio, United States of America applicable to contracts made entirely within Ohio and wholly performed in Ohio, Montgomery County, without regard to any conflict or choice of law principles, and that the sole jurisdiction and venue for any such litigation arising out of this agreement will be an appropriate federal or state court located in Ohio.