Terms of Use

Last Updated: March 25, 2024

Acceptance of the Terms of Use and Privacy Policy

These Terms of Use (these “Terms”) are a binding contract between you and Charm City Sports Partners, LLC (“CCSP”, “we”, “our”, or “us”). These Terms govern your access to and use of charm-city-sports.com and all content, features, functionality, services, information and materials offered on or through such website (collectively, the “Offerings”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING ANY OFFERING. BY ACCESSING ANY OFFERING, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS ANY OFFERING.

Please read our Privacy Policy at charm-city-sports.com/privacy-policy, which governs our collection and use of your information and is hereby incorporated into these Terms.

Who May Use the Offerings

The Offerings are offered only to persons who (a) are at least 18 years of age and (b) reside in the United States, including its territories and possessions (the “Territory”). CCSP makes no claim, representation or warranty that any Offering is accessible, available for use or appropriate outside of the Territory. Accessing or using one or more Offerings may not be lawful by certain persons or in certain countries. If you access any Offering from outside the Territory, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Terms of Use

We reserve the right, without notice to you, to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of any Offering following the posting of revised Terms means that you accept and agree to be bound by the changes. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE OFFERINGS. 

Changes to the Offerings

We reserve the right to remove or change any Offering in our sole discretion without notice. We will not be liable in the event that, for any reason, all or any part of any Offering is unavailable at any time or for any period. From time to time, we may restrict access to all or any part of any Offering to you or any other user. Content, features, functionality, services, information and materials offered on or through our website (collectively, “Content”) may be out of date at any given time, and we are under no obligation to update any such Content.

Your Use of the Offerings

Subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Offerings solely for your personal, non-commercial purposes.

You shall not, and you shall not permit or encourage any person to, do any of the following:

  • reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Offering or any portion or copy thereof;

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive, view, access, use or gain access to the source code of any Offering;

  • remove, delete, alter or obscure any trademark or any copyright, trademark, or other intellectual property or proprietary right notice from any Offering, including any copy thereof;

  • rent, lease, loan, lend, sell, license, assign, distribute, publish, transfer, or otherwise make available any Offering, including any feature or functionality of any Offering, to any person or device for any reason, whether voluntarily, by operation of law or otherwise, including by making any Offering available on or through any network or otherwise making any Offering capable of being accessed by more than one person or device at any time;

  • access or use any Offering for purposes of benchmarking, comparative, or competitive analysis of any Offering (or any other product or service of CCSP or any of its affiliates), developing, using, or providing any product or service competitive with or intended to be competitive with any Offering (or any other product or service of CCSP or any of its affiliates), or for any other purpose that is to CCSP’s or any of its affiliates’ detriment or commercial disadvantage;

  • use any Offering in any way that (a) infringes, misappropriates, or violates any intellectual property, proprietary, or other right of any person or (b) violates any applicable federal, state, local, or international law, rule, or regulation (including any law regarding the export of data or software to or from the United States or any other country);

  • use any Offering in any manner that could disable, overburden, damage, or impair any Offering or interfere with any other person’s use of any Offering; or

  • otherwise misuse any Offering, as determined in our reasonable discretion.

Reservation of Rights

The Offerings (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CCSP, its licensors, or other providers thereof and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. No right, title, or interest in or to any Offering is transferred or assigned to you, except for the limited license expressly granted under the “Your Use of the Offerings” section of these Terms. All rights not expressly granted are reserved by CCSP. Any use of any Offering not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The CCSP name, the CCSP logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CCSP or one of its affiliates or licensors. You may not use any such trademark without the prior written permission of CCSP. All other names, logos, product and service names, designs, and slogans appearing on the Offerings are the trademarks of their respective owners.

Reliance on Content

The Content presented to you on or through each Offering is made available solely for general information purposes. Such Content may include inaccuracies and typographical errors, and you should not rely on any Content contained on or made available through any Offering and should always independently investigate the accuracy and completeness of all Content presented. We do not make any representation or warranty with respect to the accuracy, completeness, or usefulness of any such Content, and we disclaim all liability, whether direct or consequential, arising from or relating to any reliance placed on any such Content by you or any other person.

Third-Party Materials

One or more Offerings may display, include, provide, or make available third-party content (including data, information, applications and other software, products, services, and/or materials) or link to one or more third-party websites or services (all such third-party content, websites, and services, collectively, “Third-Party Materials”). Third-Party Materials are provided solely as a convenience and do not imply any affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring of such Third-Party Materials. You acknowledge and agree that we are not responsible for any Third-Party Material, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof, and we do not and will not have any liability or responsibility to you or any other person arising from or relating to any Third-Party Material. Third-Party Materials may be subject to additional terms and conditions from their respective owner, licensor, provider, or operator. You (and not CCSP) will be solely responsible for obtaining all rights and licenses required to access and use any and all Third-Party Materials. You access and use all Third-Party Materials entirely at your own risk and subject to such additional terms and conditions.

Your Account

Certain Offerings may allow or require you to create an account on or through such Offering (your “Account”). If you create an Account, you are responsible for maintaining the confidentiality of your Account information. You should treat your Account information (including your username and password) as confidential. You acknowledge that your Account is personal to you and agree not to provide any other person access to any Offering or any portion thereof, including through the use of your username, password, or other access credentials. You agree to accept responsibility for all activities that occur on or through your Account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security relating to your Account or otherwise to your use of any Offering. We hereby disclaim any and all liability relating to or arising from any unauthorized access to or use of your Account. We reserve the right to disable your Account with or without notice to you at any time and for any reason, in our sole discretion.

Disclaimer of Warranties

THE OFFERINGS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CCSP EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO EACH OFFERING, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMLINESS, OR RELIABILITY OF ANY OFFERING, AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, CCSP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT ANY OFFERING WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARD, OR BE ERROR-FREE, THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED, OR THAT ANY OFFERING WILL BE FREE FROM ANY VIRUS, HARMFUL CODE, OR UNAUTHORIZED ACCESS. CCSP WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL.

Limitation of Liability

IN NO EVENT WILL CCSP, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY OFFERING OR THIRD-PARTY MATERIAL, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL CCSP’S MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE OFFERINGS; AND (B) $50.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and our obligations and level of risk under these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless CCSP, its affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of any Offering; (b) your breach of these Terms; or (c) any unauthorized access to or use of your Account.

Governing Law and Venue

These Terms and any and all disputes and claims arising from or related to any Offering (in each case, including non-contractual disputes and claims) shall be governed by and construed in accordance with the internal laws of the State Maryland, without giving effect to any choice or conflict of law provision or rule of any jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms or any Offering shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in Baltimore, Maryland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in the jurisdiction of your residence or any other jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You Must Bring Claims within One Year

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OFFERING MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by CCSP of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CCSP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Assignment

We may assign our rights and obligations under these Terms, without notice to you. This agreement may not be assigned by you without our prior written consent.

Entire Agreement

These Terms (including our Privacy Policy) constitute the sole and entire agreement between you and CCSP with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 

Feedback

If you provide us any idea, proposal, suggestion, or other material (collectively, “Feedback”), whether related to any Offering, any of our other products or services, or otherwise, you hereby: (a) acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited, and without restriction and does not place us under any fiduciary or other obligation; and (b) grant to us a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Feedback for any and all purposes.

Contact Us

The Offerings are owned or operated by CCSP. All Feedback, comments, requests for technical support and other communications relating to any Offering should be directed to [email protected].