Updated 13 January 06

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Today's Quote

MACK WITH TACT … “I’ve been planning this speech for 33 years, but right now I don’t really know what to say.” … Texas coach Mack Brown, to his players in the locker room after the Longhorns’ thrilling victory over Southern Cal at the Rose Bowl. … Sports Illustrated, 1-9-06

Clips Interview

University of Texas at Tyler Provides Refuge for UNO Basketball Teams ... Clips Editor Nick Infante interviewed Athletic Director and Dean of Student Affairs Dr. Howard Patterson of the University of Texas at Tyler about his school’s kindness in offering safe haven for the University of New Orleans’ men’s and women’s basketball teams.

Guest Commentary

Intercollegiate Athletic Corporate Sponsorships and the First Amendment ... ADs might be eager to welcome with open arms corporate sponsors with open checkbooks. But at times a corporate sponsorship could portray a negative image on the university. Providing sponsorship opportunities to certain companies while refusing others could implicate the right to free speech under the First Amendment. Eric Bentley, Assistant General Counsel for the University of Houston System, weighs in with an update.

Clips Editorial

The consequences of running up the score ... Clips Editor Nick Infante opines on the after-effects of sports blowouts: the agony (and exultation) of losing (and winning) big. ... posted 12-26-05

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Terms of Service

Posted 2 January 06

1. Acceptance of Terms

collegeathleticsclips.com (“College Athletics Clips”, “we” or “us”) provides the Service (as defined herein) to you, subject to the following terms of service (“TOS”) which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. You can review the most current version of the TOS at any time at: www.collegeathleticsclips.com Your use of the Service constitutes your acceptance of the TOS.

2. Subscription Policy / Rights / Restrictions

The Service is accessible by paid subscription only (see “Subscription Information” page for cost schedules and registration prompts). Upon payment subscribers will be provided a unique password that provides access to the entire collection of College Athletics Clips’ current and archived material. SUBSCRIBERS AGREE NOT TO ALLOW OTHERS TO USE THEIR UNIQUE PASSWORD. If a subscriber allows others to use his password, that will be grounds for immediate, non-refundable cancellation of the subscription. You may not sell, trade, barter, lend, post, transmit, license, resell, lease or assign in any way your Clips subscriber password.

3. Service Description / Copyrights / Trademarks

The Service contains material that is protected by copyright, trademark and other intellectual property laws. You agree not to display or use the College Athletics Clips Trademarks in any matter. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit, license, resell, lease, assign, redistribute or distribute in any way any material from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

4. Links

The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service (“Other Site(s)”). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. College Athletics Clips may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by College Athletics Clips of any Other Site(s) or resources, or their content. College Athletics Clips is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by College Athletics Clips of the Other Site.

Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, College Athletics Clips content; (c) shall not imply that College Athletics Clips is endorsing or sponsoring it or its products; (d) shall not present false information about College Athletics Clips or its products or services; (e) shall not use Trademarks without the prior written permission from College Athletics Clips; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.

5. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, College Athletics Clips MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (C) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (D) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. College Athletics Clips DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

College Athletics Clips DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, College Athletics Clips DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

College Athletics Clips SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL College Athletics Clips BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR College Athletics Clips HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL College Athletics Clips’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

7. Indemnity

You agree to defend, indemnify and hold harmless College Athletics Clips with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, College Athletics Clips retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against College Athletics Clips herein under the terms and provisions of this Section 6 and in no event shall you settle any such claim without College Athletics Clips’ prior written approval.

8. Governing Law

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

9. Jurisdiction and Venue

The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the New Jersey state courts in and for Morris County, New Jersey and the Federal Courts. The parties agree not to raise the defense of forum non conveniens.

10. Notices

Whenever, under the provisions of this TOS, you are required or permitted to give notice to College Athletics Clips, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to College Athletics Clips at the following address:

College Athletics Clips
16 Elm Street
Chester, NJ 07930
ATTN: General Counsel

11. Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.

(C) 2006 InfaMor, LLC. All trademarks are owned by InfaMor LLC. All rights reserved. All materials contained in the College Athletics Clips web site are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use without permission of any materials contained herein are expressly prohibited.

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