TERMS OF SERVICE
TERMS OF SERVICE:
The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from ATHLETECHS Services, transmit, receive or exchange data or communicate with ATHLETECHS Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of ATHLETECHS Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
1. ACCOUNT CREATION
This Agreement shall remain in full force and effect while you use ATHLETECHS or are a User. There are portions of ATHLETECHS Services and this Site that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
ATHLETECHS reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of ATHLETECHS Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your account is terminated, this Agreement will remain in effect, including all sections.
2. ONLINE REGISTRATIONS
ATHLETECHS faciliates the online registration and communication between activity participants and activity providers. By using ATHLETECHS, users may also have to agree to any terms of services or registration policies published by the activity providers. This includes, but not limited to: registration eligibility policies, registration deadline dates, registration fees, refund policies, waiting list policies, scholarship policies, try-out policies.
Users agree that any questions or issues associated with the online registration or their participation within the registered activity must be first directed to the activity provider. The activity provider's contact information is readily available within the ATHLETECHS Site and Services.
Users who contact ATHLTECHS directly concerning any question or issue regarding an activity provider must realize that ATHLETECHS support staff may require additional time to address the question or issue if the ATHLETECHS support staff needs to contact the activity provider on the User's behalf. Any decision made my the activity provider is final and will be enforced by ATHLETECHS support staff to the best of their abilities.
ATHLETECHS may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by ATHLETECHS on the Site. We will post or display notices of material changes on this Site and we may also e-mail you about these changes. Once we post them on ATHLETECHS, these changes become effective immediately and if you use the ATHLETECHS Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the ATHLETECHS Services at any time, without any liability or obligation to you, with or without notice.
5. OWNERSHIP AND PROPRIETARY RIGHTS
ATHLETECHS, including without limitation , all content, media and materials, all ATHLETECHS software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of ATHLETECHS, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed ATHLETECHS and/or its affiliates, and their Advertisers (as defined in Section 7 below), licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "ATHLETECHS" includes "Content" as well.
Content on the Site is provided to you AS IS for your information and personal use only. ATHLETECHS Services contain Content of Users and other ATHLETECHS licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Submissions, without the express prior written consent of ATHLETECHS. ATHLETECHS authorizes you to access Content and grants you the right to use ATHLETECHS Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on ATHLETECHS including notices on any Content you download, transmit, display, print or reproduce from ATHLETECHS. ATHLETECHS reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of ATHLETECHS or features that prevent or restrict use or copying of any Content or enforce limitations on use of ATHLETECHS Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the ATHLETECHS Services, unless you are expressly authorized to do so by ATHLETECHS. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to ATHLETECHS servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ATHLETECHS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ATHLETECHS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions. As an express condition of your use of the ATHLETECHS Services, you warrant to ATHLETECHS that you will not use ATHLETECHS for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. ATHLETECHS makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access ATHLETECHS Services.
ATHLETECHS Content is protected by copyright, trademark, patent, trade secret and other laws, and ATHLETECHS owns and retains all rights to its Content and ATHLETECHS. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on the ATHLETECHS that infringes the copyright rights of others and will disable the access to ATHLETECHS Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of ATHLETECHS, including, without limitation, "ATHLETECHS" and "athletechs," and "athletechs.com," are the intellectual property of, and proprietary to ATHLETECHS, its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of ATHLETECHS.
6. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
If you believe ATHLETECHS contains elements that infringe your copyrights in your work, please go directly to our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures described.
If you believe that any Content on ATHLETECHS (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please contact us at firstname.lastname@example.org. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of ATHLETECHS Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). ATHLETECHS will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.
8. RULES OF CONDUCT
Your use of ATHLETECHS Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of activity that is illegal or prohibited on or through the Services. ATHLETECHS reserves the right to investigate and take appropriate legal action against anyone who, in ATHLETECHS's sole discretion, violates this provision, including without limitation, removing the offending communication from ATHLETECHS and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity that, in the sole discretion of ATHLETECHS are itemized below. You shall not use, allow, or enable others to use ATHLETECHS, or knowingly condone use of ATHLETECHS by others, in any manner that is, attempts to, or is likely to:
1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
2) affect us adversely or reflect negatively on us, ATHLETECHS, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of ATHLETECHS, or from advertising, linking or becoming a supplier to us in connection with the ATHLETECHS Services;
3) further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
4) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
6) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7) use the ATHLETECHS Services in a manner inconsistent with any and all applicable laws and regulations;
8) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called "spamming," "spimming," and "phishing";
9) be used for commercial or business purposes without prior written consent, including, without limitation, advertising, marketing, contests, sweepstakes, barter, advertising, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through ATHLETECHS Services. It is also a violation of these rules to use any information obtained from ATHLETECHS in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, in order to protect our Members from such advertising or solicitation;
10) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
11) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
12) cover or obscure the banner advertisements on your personal profile page, or any ATHLETECHS', page via HTML/CSS or any other means;
13) any automated use of the system, such as using scripts to add friends;
14) sell or otherwise transfer your profile;
15) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;
16) gain unauthorized access to ATHLETECHS Services, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to ATHLETECHS Services or to use ATHLETECHS Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
17) use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account; or attempt to impersonate another User or person;
18) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;
19) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of ATHLETECHS or the rights or use and enjoyment of ATHLETECHS by any other person, firm or enterprise; or
20) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of ATHLETECHS, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
10. HYPERLINKS TO THIRD PARTY SITES AND MERCHANTS
11. TERMINATION OF YOUR ACCOUNT
You may terminate your account and User ID, at any time and for any reason, by sending an e-mail to email@example.com with your username/e-mail address and requesting termination of your account. We will use commercially reasonable efforts to promptly remove your account from the ATHLETECHS Services and the Site. We may terminate your use of and account on ATHLETECHS Services and this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
ATHLETECHS's, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, ATHLETECHS MAKES AND PROVIDES NO GUARANTY OR ASSURANCE ATHLETECHS SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, ATHLETECHS IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF ATHLETECHS SERVICES OR ANY SITES LINKED TO ATHLETECHS SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING ATHLETECHS SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH ATHLETECHS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ATHLETECHS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF ATHLETECHS OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have ATHLETECHS, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your account and use of ATHLETECHS Services. You further understand and acknowledge the capacity of ATHLETECHS, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that ATHLETECHS assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of ATHLETECHS for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
athletechs.com is controlled and offered by ATHLETECHS from its facilities in the United States of America. ATHLETECHS makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
ATHLETECHS reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with ATHLETECHS in the defense of any such claim, action, settlement or compromise negotiations, as requested by ATHLETECHS.
14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of ATHLETECHS Services shall be governed by, construed and enforced in accordance with the substantive laws of the State of New York applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New York and County of Albany and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that ATHLETECHS has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF ATHLETECHS OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND ATHLETECHS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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