Lasted updated: October 8, 2024
The following Terms of Use (“Terms”) govern your access to and use of this website–the web and mobile services operated by Off the Bench, including theoffthebenchsports.com (“Services”). Please contact us if you any questions or concerns. And if you do not understand or agree to these Terms, do not use the Services.
BY CONTINUING TO USE THE SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF USE, AND IT IS IMPORTANT THAT YOU REVIEW THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU ARE AN INDIVIDUAL OF LEGAL AGE TO FORM A BINDING CONTROL OR, IF NOT, YOU’VE RECEIVED YOUR PARENT’S OR GUARDIAN’S PERMISSION TO USE THE SERVICES AND HAVE GOTTEN YOUR PARENT OR GUARDIAN TO AGREE TO THESE TERMS ON YOUR BEHALF.
All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” refers to that entity.
You may cite to or link to the website so long as the context does not state or imply any sponsorship of your website by Off the Bench.
This agreement contains limitations on liability and a waiver of a jury trial.
Your access to and use of the Services is also governed by our Privacy Policy and Disclaimers, which also governs your use of the Services. By using the Services, you indicate that you have read and understand our Privacy Policy and the Disclaimers.
Use this website, theoffthebenchsports.com, at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT IN NO EVENT SHALL OFF THE BENCH AND ITS PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS AND CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR ITS SERVICES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THIS WEBSITE, OFF THE BENCH AND ITS PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS AND CONTENT PROVIDERS FROM ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (1) OFF THE BENCH’S USE OF INFORMATION YOU PROVIDE; (2) CONTENT OR INFORMATION YOU PROVIDE; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR PASSWORD ACCOUNT, EVEN IF NOT POSTED OR TRANSMITTED BY YOU; AND (4) ANY VIOLATION OF THESE TERMS BY YOU.
We may terminate or restrict your use of the website or any part of the website at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such termination or restriction.
Under the Digital Millennium Copyright Act of 1998 (“DMCA”), we respond promptly to claims of copyright infringement reported to its designated agent. If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe that a copyrighted work is being used on our website in a manner that constitutes copyright infringement, please provide our agent with the following information:
Other than user-created content, all information, content, reviews, clips, data, opinions, services, graphics, text, and look and feel of the website, and all trademarks, copyrights, patents, and other intellectual property rights related thereto, are owned and controlled by Off the Bench, our subsidiaries or affiliates, contributors, our third-party licensors, and our advertising partners. We do not give you permission to, and you may not, publish, sell, create derivative works from, delete, remove, modify, or exploit any such proprietary information or any other aspect of the website, in whole or in part, unless expressly provided otherwise in these Terms.
You may use our proprietary information discussed directly above online and only for your personal, non-commercial use. If you operate and maintain a website and want to link to our website, you may do so.
When you choose to access, visit, or use the Services, you do so on your own initiative and are responsible for compliance with all United States and local laws, as applicable. We make no representation, warranty, covenant, or guarantee that the Services are appropriate, available, or legal in any particular geographic location.
You represent and warrant that neither your actions on our website or your content will violate any of the prohibited conduct described in this agreement. Any conduct by you in violation of the agreement may result in the suspension or termination of your access to the website.
The content displayed on this website is for educational and informational purposes only. It is not intended as a substitute for professional advice.
No fiduciary duty. We have no special relationship with or fiduciary duty to you. You acknowledge that we, Off the Bench, have no duty to take any action regarding how you may interpret or use this website or the content on this website, or what content you can access via this website.
No legal advice. While articles on this website may be written by a licensed attorney, the information on this website is not designed to provide legal or other advice or create a lawyer-client relationship. Should you decide to act upon information on this website, you do so at your own risk. You should not take, or refrain from taking action based on the contents of this website.
No professional health advice. The website and content available through the website do not provide any medical advice. Nothing on this website is intended to be a substitute for professional health advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any question you may have concerning a medical condition or treatment.
No tax or financial advice. The website and content available through the website do not provide any tax or financial advice; nor do they recommend, endorse, advise regarding any financial instrument or investment strategy.
Individual views. The views expressed at, or through, this website are those of the individual authors writing in their individual capacities only and not those of their respective employers.
Third-party websites. Additionally, the website includes links and pointers to websites, content, and services provided by third parties. The fact that we link to any third-party website does not imply an endorsement or sponsorship of any website or the information, products, or services offered on or through the websites.
This website also contains facts, views, opinions, statements, and recommendations of third-party individuals and organizations. We do not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, or information is at your sole risk.
No warranties. While the information on this website has been verified to the best of our abilities, we cannot guarantee that there are no mistakes or errors; the content on this website is provided “as is.” We make no warranties of any kind, express, or implied, about the completeness, accuracy, reliability, suitability, or availability regarding the website or the information, products, services, or images contained on the website for any purpose. Any reliance on such information is strictly at your own risk. We assume no liability or responsibility for an error or omission in the content.
This user agreement must be governed by and construed under the laws of the State of Arkansas, excluding its conflicts of law doctrines. You agree that any dispute arising form or relating to the subject matter of this Agreement must be governed by the exclusive jurisdiction and venue of the state and federal courts of Pulaski County, Arkansas, except where the jurisdiction and venue are mandated by applicable law.
This website is controlled, operated, and administrated by OFF THE BENCH within the United States. This website makes no representation that information or content available through our website are appropriate or available for use outside the United States and access to them from territories or jurisdictions where their information or contents are illegal is prohibited. You may not use our website or export information or content in violation of US export laws. If you access our website from a location outside the United States, you are responsible for compliance with all local laws.
YOU AND OFF THE BENCH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. Both parties elect instead to have any dispute arising out of this agreement to be resolved by a judge.
The provisions of this agreement are severable and, if any part is found to be unenforceable, the remainder of agreement shall remain in full force and effect.
We reserve the right to change these Terms at any time in its discretion and to notify users of any such changes solely by changing these Terms. Your continued use of this site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms was posted will be governed according to the Terms of Service that applied at the time of your use.