Terms and Conditions

PonyTailSports Terms of Use Policy: 

Introduction Thank you for visiting PonyTailSports.com, as you are our welcomed guest. Your visit is governed by the following terms and conditions, including the PonyTailSports Privacy Policy and all applicable laws. Please read these terms and conditions of use carefully before using the Website. As long as you comply with the following terms and conditions, PonyTailSports grants you a non-exclusive, non-transferable, limited right to enter, display and use the Website. If you do not agree to these terms and conditions, please do not use the Website. By accessing and using the Website, you signify your assent to these terms and conditions. 

Definitions
“PONYTAILSPORTS” – PonyTailSports, its agents, directors, officers, employees, shareholders, and representatives.

“Affiliate” – A legal entity that PonyTailSports owns or which are under common ownership with PonyTailSports, or in which PonyTailSports has a legal contractual agreement with (including, but not limited to a PonyTailSports client or partner); or in which PonyTailSports utilizes as a subcontractor, information provider, or licensor and licensee of Software and Service.

“Consumer” – A visitor to PonyTailSports.com or any individual or entity that utilizes PonyTailSports Software or Service through any means.

“Interactive Feature” – Includes, without limitation, electronic mail, chat rooms, bulletin boards, online forms, or any other medium in which messages or Website content can be submitted or created by Consumer.

“Personal Information” – Names, addresses, telephone numbers, email addresses, credit card information, or other contact information and personally identifiable data.

“Service” – Without limitation and as a general term, any feature or function directly or indirectly related to the Website that may be utilized by the Consumer; including all necessary and relevant network and back-end resources that the feature or function may utilize.

“Software” – Without limitation, PonyTailSports and/or Affiliate database applications, administrative website account control panels and accompanying features, email account applications and email or other contact management applications, other necessary and relevant software for Website features and functions, and any updates and releases to such software.

“Store” – Any interface or display on PonyTailSports.com in which the Consumer has the opportunity to purchase goods or services.

“Submission” – Website content or any other files received through the Website or its related accounts from a Consumer via an Interactive Feature, including but not limited to, electronic mail, creative ideas, comments and suggestions, chat postings, bulletin board postings, art, images, stories, poems, fan biography submissions, etc.

“Trademarks” – Trademarks, service marks, trade names, logos, and trade styles.

“Website” – An internet site that displays or links to this Terms of Use Policy and in which PonyTailSports legally owns, operates, and/or solely manages and maintains. 

1.) Ownership and Restrictions on Use of Software and Service
a.) You agree not to interrupt or attempt to interrupt the operation of this Website in any way. Additionally, you will not use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage PonyTailSports or its clients, their respective products, services or personnel.  b.) No unsolicited email may be directed to or through this Website.  c.) PonyTailSports maintains this Website for your personal entertainment, information, education, and communication; and is solely for your personal use. You are welcome to print or otherwise copy material from this Website for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. Except for content you have legally posted on the PonyTailSports.com upload, modify, display, publish, create derivative works, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, and other intellectual property related to PonyTailSports and/or its Affiliates for any business, commercial or public purpose without prior written consent of PonyTailSports. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes. Modification of any materials displayed on PonyTailSports.com is a violation of PonyTailSports' copyright and other proprietary rights. All materials contained on PonyTailSports.com are the copyrighted property of PonyTailSports, its Affiliates, or an independent third party.  d.) All Trademarks on this Website are proprietary to PonyTailSports, its Affiliates, or an independent third party. Proper use is limited to use in connection with the products and services of the mark owner and no other use is permitted without the owner's written permission. Additionally, you may not use any mark appearing on this Website:(a) In, as, or as part of your own trademarks.
(b) To identify products or services that is not a PonyTailSports product or service.
(c) In a manner likely to cause confusion.
(d) In a manner that implies inaccurately PonyTailSports sponsors, endorses, or is
     otherwise connected with non-PonyTailSports activities, products, or services.
(e) In a manner that disparages PonyTailSports.

PonyTailSports restricts the use of its Trademarks in any form within hyper text markup language (html), ALT text, Title tags, site description, or META tags; as well as all related header files without expressed written consent of PonyTailSports. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of its respective owner.  e.) In the event you download Software from PonyTailSports.com, the Software, including any files, images incorporated in or generated by the Software, and data accompanying the Software are licensed to you by PonyTailSports or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but PonyTailSports or its Affiliates retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.Software from this Website is further subject to United States export controls. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list in which it is not legal to export such goods from the United States.  f.) By submitting and/or posting content on the Service, the Consumer gives PonyTailSports the right to display such content on the Service and its affiliated publications and to use such content for promotional and marketing purposes. In addition, any such content becomes the property of PonyTailSports or its Affiliates.

2.) Public or Private Communication/Shared Information; Submissions
a.) PonyTailSports is pleased to hear from our visitors and welcome your comments regarding our products and services. Although PonyTailSports may from time to time monitor or review Submissions submitted in discussions, chats, postings, bulletin boards, and the like on the Website, PonyTailSports is under no obligation to do so and assumes no responsibility or liability arising from the content of any Submission nor for any error, copyright infringement, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger/threat, or inaccuracy contained therein. Display of any Submission in any Interactive Feature does not constitute approval or endorsement by PonyTailSports.b.) You must use Interactive Features in a responsible manner. You must not make any Submission in connection with any Interactive Feature that: (i) restricts or inhibits any other Consumer from using and enjoying the Website; (ii) is unlawful, threatening, harassing, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, racially offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Interactive Feature.  c.) In order to participate in an Interactive Feature, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to the PonyTailSports Privacy Policy on this Website. PonyTailSports reserves the right to collect and store personally identifiable information about Consumers that voluntarily submit information by contacting PonyTailSports, pursuant to the  PonyTailSports Privacy Policy. PonyTailSports may also collect and store aggregate or anonymous information about Consumer contact with and use of the Website.d.) PonyTailSports shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Submission transmitted in any Interactive Feature at any time and for any reason. Most commonly, PonyTailSports will edit or remove a Submission if it: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, PonyTailSports shall have the sole discretion to terminate your access to PonyTailSports.com. Please be advised that PonyTailSports will fully cooperate with any law enforcement authorities or court order requesting or directing PonyTailSports to disclose personal information of anyone who submits a Submission that violates the foregoing terms in accordance with the PonyTailSports Privacy Policy of the Website. It is our policy to respect the privacy of all Consumers. Therefore, we will not monitor, edit, or disclose the contents of a Consumer's email or other personally identifiable information unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on PonyTailSports.com; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our Consumers or the public. Consumers shall remain solely responsible for the content of their Submissions.  e.) Submissions made to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By making a Submission to the Website, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and PonyTailSports other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights PonyTailSports described in Section 2g of this Terms of Use Policy.  f.) When participating in an Interactive Feature such as any chat room, message board, or other Consumer-generated content area, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Keep in mind that whenever you give out personal information online through Interactive Features that result in posting of your Submission on a website, that information can be collected and used by people you don’t know. While PonyTailSports strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose through such mediums; you make such disclosures at your own risk.Information obtained in an Interactive Feature may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of such information, and shall not be responsible for any trading or investment decisions made based on such information.  g.) By transmitting any Submission, you are automatically granting PonyTailSports a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works based upon, distribute, publicly perform or display such Submissions, in whole or in part, in any form, medium or technology known now or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to the Website will be owned by PONYTAILSPORTS or its Affiliates and may be used by PONYTAILSPORTS or its Affiliates for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of PONYTAILSPORTS and/or its Affiliates. PONYTAILSPORTS also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission. In addition, you warrant that all so-called "moral rights" in any relevant materials have been waived.

3.) Content Linked To and From Website
a.) You should be aware that when you are on PONYTAILSPORTS.COM, you could be directed to other sites that are beyond our control. There may be links to other sites from PONYTAILSPORTS.COM pages that take you outside of our Service. This includes links from Affiliates that may use our logo(s) as part of a co-branding agreement, or independent third parties. These other sites may send their own cookies to Consumers, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, other sites linked to an PONYTAILSPORTS.COM may send cookies to Consumers that we do not control. PONYTAILSPORTS is not responsible for the content of any Website linked to or from the Website. Your viewing any other site is entirely at your own risk. The inclusion of links to other sites is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site unless specifically noted. PONYTAILSPORTS has not necessarily reviewed any or all of the sites linked to the Website. Your linking to the Website, off-Website pages or other sites is at your own risk and without the permission of PONYTAILSPORTS unless specifically documented on a case-by-case basis.  b.) PONYTAILSPORTS disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise or any materials or information contained on sites linked to or from PONYTAILSPORTS.COM. Every effort is made to link only to websites that provide trustworthy, pertinent and reliable information. PONYTAILSPORTS makes no representations concerning the content of sites listed in any of our link areas/pages or directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in related search results or otherwise linked to or from PONYTAILSPORTS.COM. By clicking on a link that may take you away from PONYTAILSPORTS.COM, you acknowledge that PONYTAILSPORTS has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against PONYTAILSPORTS with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.  c.) No link to the Website may be "framed" by the permissible site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics, or any illegal or objectionable content. d.) The posting or creation of any link to the Website signifies that you have read these terms and agree to abide by them. PONYTAILSPORTS reserves the right to disable or demand removal of any link to an PONYTAILSPORTS.com from a third party site for any reason, unless otherwise agreed to and documented by PONYTAILSPORTS.

4.) Subscriptions, Purchases, and Billing of Goods and Services
a.) Some services offered on PONYTAILSPORTS.COM are subscription-based services. If you open a subscription-based account with PONYTAILSPORTS.COM, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. PONYTAILSPORTS reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges, or terms effective upon prior notice to Consumers. PONYTAILSPORTS reserves the right to terminate any account at any time for any reason. PONYTAILSPORTS agrees that it will terminate Consumer's account upon notice from Consumer. If Consumer has a balance due on any PONYTAILSPORTS account, Consumer agrees that PONYTAILSPORTS can charge these unpaid fees to their credit card, and that the Consumer is responsible for paying the balance due immediately upon account termination. Please Note: Unless otherwise documented, subscriptions will be automatically renewed and your credit card account will be charged as follows:

• Upon each month for monthly subscriptions
• Upon every three (3) months for quarterly subscriptions
• Upon every six (6) months for six (6) month subscriptions
• Upon every one (1) year anniversary for annual subscriptions. \

The renewal charge shall be equal to the original Consumer signup price, unless otherwise notified in advance by PONYTAILSPORTS or its Affiliate. Consumer agrees to pay the subscription’s then current term price in full unless written notice of cancellation is received prior to renewal date. b.) PONYTAILSPORTS.COM Store allows you to order goods or services supplied by either PONYTAILSPORTS or its Affiliates. By placing an order, you acknowledge that the appropriate vendor selling the particular goods or services is exclusively responsible for their fulfillment and delivery. PONYTAILSPORTS may or may not be the vendor for goods and services on PONYTAILSPORTS.COM, and is not to be held responsible for delivering or guaranteeing those goods and services that are not in its direct control. By placing an order in a Store, you agree to pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase goods and services through the PONYTAILSPORTS.COM is subject to limits established by PONYTAILSPORTS, the vendor or your credit card issuer. The vendor may bill your credit card at the time any goods or services are ordered. The vendor may, in its sole discretion, decline service to or terminate your applicable account without notice. PONYTAILSPORTS.COM will provide the proper contact information for its Store, and may have FAQs or other information posted to help answer questions regarding the Store. Please refer to these resources on PONYTAILSPORTS.COM to have your questions answered.  c.) PONYTAILSPORTS takes the issue of your privacy seriously. We may provide your credit card number, billing and shipping information to participating vendors from whom you buy goods or services. The vendors are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. PONYTAILSPORTS is not responsible for use of personally identifiable information collected through purchase transactions from third parties, or for that information if we must reveal it to a third party to compete a purchase transaction. For more information, please read our PONYTAILSPORTS Privacy Policy. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology when it is required to provide such information through PONYTAILSPORTS.COM.  d.) You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. Consumer's right to use certain Services is subject to any limits established by PONYTAILSPORTS or by Consumer's credit card issuer. If payment cannot be charged to Consumer's credit card or Consumer's charge is returned for any reason, including chargeback, PONYTAILSPORTS or the third party vendor reserves the right to either suspend or terminate Consumer's access and account, thereby terminating this agreement and all obligations of PONYTAILSPORTS hereunder.  e.) We cannot ensure that you will be satisfied with any goods or services that you purchase from a third party site that links to or from PONYTAILSPORTS.COM or third party content on our Website. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content unless otherwise documented. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  f.) If Consumer has reason to believe that Consumer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Consumer's ID, password, or any credit, debit or charge card number stored by PONYTAILSPORTS or its Affiliates), Consumer shall notify PONYTAILSPORTS or its Affiliates immediately of the problem to avoid possible liability for any unauthorized charges to Consumer's account. 

5.) Disclaimer of Warranties and Damages; Limitation of Liability
a.) While PONYTAILSPORTS and its Affiliates use reasonable efforts to include accurate and up-to-date information in the Website, your use of the Website is at your risk. PONYTAILSPORTS and its Affiliates make no warranties or representations as to its accuracy and specifically disclaim any liability or responsibility for any errors or omissions in the content on the Website. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. PONYTAILSPORTS is not responsible for the availability or content of other services that may be linked to the Service. The information contained in or made available through the Website (including, but not limited to information contained within Interactive Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters.WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON PONYTAILSPORTS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PONYTAILSPORTS.COM OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESONSIBLE FOR THE TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY OF SERVICE ON ANY PONYTAILSPORTS WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PONYTAILSPORTS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PONYTAILSPORTS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT RESULT FROM THE ACCESS AND USE OF, OR THE INABILITY TO USE OR ACCESS, PONYTAILSPORTS.COM OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION, OR SUBSEQUENT LOSS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PONYTAILSPORTS.com  .b.) PONYTAILSPORTS.COM may contain links and pointers to other sites, resources, and advertisers of the Website. Links to and from the Website to other sites, maintained by third parties, do not necessarily constitute an endorsement by PONYTAILSPORTS or any Affiliate of any third party site or content. PONYTAILSPORTS is not responsible for the availability of these third party resources, or their contents. PONYTAILSPORTS has not necessarily reviewed any or all of the sites linked to the Website and are not responsible for the content of any off-Website pages or any other sites linked to the Website. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your linking to the Website, off-Website pages or other sites is at your own risk and without the permission of PONYTAILSPORTS unless otherwise documented. By clicking on any such link, you acknowledge that the Website has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against PONYTAILSPORTS with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.  c.) Search and directory features are provided free of charge, when applicable. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in PONYTAILSPORTS-related search index or directory.

6.) Notice and Procedure
a.) PONYTAILSPORTS may give notice to Consumers of the Website by means of a general notice on the Website, electronic mail to a Consumer's e-mail address on our records, or by written communication sent by first class mail to a Consumer's address on PONYTAILSPORTS’ records. If you believe that any material on this Website, whether posted by us or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details. To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
3. 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 PONYTAILSPORTS to locate the material;
4. Information reasonably sufficient to permit PONYTAILSPORTS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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
6. 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.

1. Electronic mail to pts09 (at) ponytailsports.com;
2. Letter faxed to PONYTAILSPORTS at the following fax number: (313-565-4862);
3. Letter delivered by first class postage prepaid mail or courier to PONYTAILSPORTS at the following address: 710 N. Telegraph, Dearborn, Michigan 48128 

7.) Indemnification
a.) You agree to indemnify, defend and hold PONYTAILSPORTS and its Affiliates harmless from and against any and all liabilities, losses, damages and expenses (including but not limited to) attorneys' fees and court costs), incurred by PONYTAILSPORTS and its Affiliates in connection with any claim relating to: (i) your use of the Website, including, but not limited to use of any Interactive Feature or Store; and (ii) any breach or alleged breach of these Terms of Use. You will cooperate as fully as reasonably required in PONYTAILSPORTS' defense or any claim. PONYTAILSPORTS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PONYTAILSPORTS.  b.) In conjunction with the foregoing, you are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. 

8.) Termination of Service
a.) These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of PONYTAILSPORTS.COM and destroying all materials obtained from Website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.  b.) PONYTAILSPORTS may change, suspend or discontinue any aspect of PONYTAILSPORTS.COM at any time, including the availability of any Website feature, database, or content. PONYTAILSPORTS may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in PONYTAILSPORTS' exclusive discretion, without prejudice to any legal or equitable remedies available to PONYTAILSPORTS, for any reason or purpose, including, but not limited to, conduct that PONYTAILSPORTS believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which PONYTAILSPORTS believes is harmful to other Consumers, to PONYTAILSPORTS' business, or to other information providers. Upon termination of this agreement, you will immediately discontinue your use and access of the Website and destroy all materials obtained from it and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.

9.) Choice of Law and Jurisdictional Issues
a.) PONYTAILSPORTS is controlled and operated from its United States offices in Michigan. PONYTAILSPORTS, as well as these Terms of Use, are governed by and subject to the state of Michigan and the United States of America, regardless of the location of the Consumer. Any claims of any kind related thereto must be filed in the courts located in Wayne County, Michigan, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient.  b.) PONYTAILSPORTS and its Affiliates make no representation that the materials contained in the Website are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

10.) Miscellaneous
a.) These Terms of Use constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and PONYTAILSPORTS. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.  b.) You may not transfer, sell, or otherwise assign your rights or obligations under these Terms of Use.

11.) Policy Updates
a.) PONYTAILSPORTS in its sole discretion may amend, modify, or remove any portion of these Terms of Use, or impose new conditions, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes to these terms (including the PONYTAILSPORTS Privacy Policy) will mean you accept those changes.

b.) LAST UPATED: February 7, 2009