Terms of Use
These Terms of Use shall apply to any and all services available on or
through the Russell Street Rport (RSR) Services, Hub or Portal (the
“Services”). By accessing and/or using the Services, you are expressly agreeing
to comply with and be bound by the following Terms of Use, RSR ’s Privacy
Policy accessed through our web Services under link Privacy Policy (the
“Privacy Policy”), and any other policies, rules or guidelines that may be
applicable to Services on the Services (“Additional Terms and Conditions”), as
well as all applicable laws and regulations. RSR are collectively referred to
herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the
Services or parent or legal guardian (over the age of 18) if such user is a
minor in his or her state of residence.
If there is difference between these Terms of Use and the Additional Terms
for a tournament, camp, membership, training video ticket, license,
transaction, sale and/or any other activity for which you are using these
Services to register or make a purchase (each, a “Purchase”), the Additional
Terms of use shall govern. These Terms of Use will remain in full force and
effect as long as you are a user or member of the Service and in the event of
termination of any membership or service you will still be bound by your
obligations under these Terms of Use.
RSR may revise and update these Terms of Use at any time; you need to
periodically review them, because your usage of our Services demonstrates your
agreement with any such changes. Changes we make will be effective immediately,
which we will provide by any means including, without limitation, posting a
revised version and date of these Terms of Use of Services. When we make any
significant changes to these Terms of Use, we will inform you when practical,
in advance of such change, by sending an email to you at the email address that
you have registered with us.
When you use the Services, you certify that (i) you are a resident of the
United States and are at least 13 years of age or, if under the age of 13, your
parent has consented to your use of the Services by providing Purchase Profile
details (ii) you are not a resident of the United States and are at least 18
years of age or, if under the age of 18, you have the consent of your parent or
guardian (over the age of 18) to use the Services by providing Purchase Profile
details. You also certify that you are not a person barred from receiving
Services under the laws of the United States or other applicable jurisdiction
The information and Content provided on or through the Services, including
any information, data, text, designs, graphics, images, photographs,
illustrations, clips, logos, icons and links (collectively, the “Content”) are
owned exclusively by RSR or its licensors, and are intended to be used as
Content solely for your personal, non-commercial use. As long as you comply
with all other Terms of Use, we grant you a limited license to use the Content
for your personal use only; provided that you may not reproduce or distribute.
It shall also be known by you, all rights not specifically granted in the
license set forth above shall be reserved and remain always with RSR. Use of
the Services and Content for any purpose other than as expressly authorized in
these Terms of Use is a violation of our copyrights and other proprietary
rights, and is strictly prohibited.
The Services, including all Services software, databases, coding, technology
and Content (any intellectual property and other rights relating contained
therein) including, without limitation, the “look and feel” and Services and
Content layout, is owned and operated by RSR. You acknowledge that the Services
is protected by copyright, trademark and other laws (no ownership rights by
using the Services or the Content are extended to any party.
The trademarks, logos, and service marks displayed on the Services
(collectively the “Trademarks”) are the registered and unregistered trademarks
of RSR and RSR’s advertisers, licensors, suppliers and others. The Trademarks
owned by RSR, whether registered or unregistered, may not be used in connection
with any product or service that is not offered by RSR, in any manner that is
likely to cause confusion with customers, or in any manner. Nothing contained
on the Services should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark without the express
written permission of RSR, RSR’s licensors or suppliers, or the third party
owner of any such Trademark. Misuse of any Trademarks is prohibited, and RSR
will aggressively enforce its intellectual property rights in such Trademarks.
You may have fundamentally fair use of Trademarks owned by RSR in
advertising and promotional Content, and in referring to RSR’s products and
services without RSR’s permission, provided you follow standard trademark usage
practices and provide proper attribution to RSR. Other uses that are not
“fundamentally fair use” require written permission from RSR. Please make such
requests by email to
ad***@ma************.com
.
Registration.
You may browse the Services and view content without registering, but as a
condition to using certain aspects of our Services, you may be required to
register with RSR and select a password and user name (your “registration”).
You are responsible for maintaining the confidentiality of your registration.
You shall not (i) select or use as your registration a name of another person
with the intent to impersonate that person; (ii) use as your registration a
name subject to any rights of a person other than you without appropriate
authorization; or (iii) use as your registration a name that is otherwise
offensive, vulgar or obscene.
You shall be responsible for all uses of your registration, whether or not
authorized by you. You will immediately notify RSR, in writing, of any
unauthorized use of your account, or other account related security breach of
which you are aware. You also agree to: (i) provide true, accurate, current and
complete information about yourself as submitted to RSR, and (ii) maintain and
promptly update your registration information to keep it accurate, current and
complete. If you do not comply RSR has the right to immediately suspend or
terminate your account and refuse any and all current or future use of our
Services. Registration data and certain other information about you are subject
to the Privacy Policy.
RSR hereby grants you a non-exclusive right to access and use the Services
and Services solely for your personal, non-commercial use, and to search for,
view, register for, and interact with, Camps and Tournaments that are listed on
the Services, provided that you comply with these Terms of Use.
RSR is not liable for any harm caused or related to the theft or
misappropriation of your user name or password due to your failure to protect
identity. If you have reason to believe that your account with us is no longer
secure, you must promptly change your password and immediately notify us of the
problem by contacting us at
ad***@ma************.com
. In the event of any dispute
between two or more parties as to account ownership, you agree that RSR will be
the sole arbiter of such dispute in its sole discretion and that RSR’s decision
(which may include termination or suspension of any account subject to dispute)
will be final and binding on all parties.
User Content Behavior. In connection with User Content and your use of the
Services, you agree that you will not, nor permit anyone else to, indirectly or
directly:
submit information that includes non-public personal or identifying
information about another person without that person’s explicit written
consent;
upload, post or otherwise make available any User Content that you do not
have a right to make available under any law;
make available any User Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
access or attempt to access parts of our Services that you are not
authorized by RSR, breach any security or password protection on the Services,
access the Services by any means other than through the interface provided by RSR;
impersonate any person or entity, whether actual or fictitious, including
any representative of RSR;
modify any software or database software for the Services in any manner;
use our Services to harm minors in any way;
engage any spamming or email exercise or load other Content that
contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or
other items of a destructive nature;
remove any copyright, trademark or other proprietary rights notices
contained on the Services;
use any robot, bot, spider, offline reader, Services search/retrieval
application or other manual or automatic device to retrieve, index, data mine,
scrape or in any way reproduce our databases, files or otherwise;
collect information about Services visitors or members without their express
consent;
The foregoing actions shall constitute a material breach of these Terms of
Use.
You acknowledge, consent and agree that RSR may access, preserve and
disclose your account information and User Content if required to do so by law
or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with laws, rules, regulations, or legal
process; (b) enforce these Terms of Use; (c) respond to claims that any User
Content violates the rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety of RSR,
its users and the public.
You understand that the technical processing and transmission of the
Services, including your User Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Services and software embodied within the Services
may include security components that permit digital Content to be protected,
and that use of this Content is subject to usage rules set by RSR and/or
content providers who provide content to the Services. You may not attempt to
override or circumvent any of the usage rules embedded into the Services. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the Content provided on the Services, in whole or in part, is
strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or
proposals (“Submissions”) to RSR through any of its media, you acknowledge and
agree that: (a) your Submissions do not contain confidential or proprietary
information; (b) RSR is not under any obligation of confidentiality, express or
implied, with respect to the Submissions; (c) RSR shall be entitled to use or
disclose (or choose not to use or disclose) such Submissions for any purpose,
in any way, in any media worldwide; (d) RSR may have something similar to the
Submissions already under consideration or in development; (e) your Submissions
shall automatically become the property of RSR without any obligation of RSR to
you; and (f) you are not entitled to any compensation or reimbursement of any
kind from RSR under any circumstances.
Purchasing. If you wish to purchase products or services or register for an
Camp, Tournament or Training Ticket described on the Services (each, a
“Transaction”), you will be asked to supply certain information applicable to
your Transaction, including, without limitation, credit card and other
information. You understand that any such information will be treated by RSR in
the manner described in our Privacy Policy. You agree to pay all charges
incurred by you or any users of your account and credit card (or other
applicable payment mechanism) at the price(s) in effect when such charges are
incurred. You will also be responsible for paying any applicable taxes relating
to your Transactions. In addition to these Terms of Use, your Transaction shall
be subject to any Additional Terms applicable to such services, features or
purchases. Registration may be regulated by certain state, county and
city laws or regulations. You acknowledge that complying with laws is your
responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY
WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE
WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU
SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
You represent and warrant that all information you provide, including but not
limited to all information concerning your name, address, credit card number, and
other identifying information of any nature will be true, complete and correct,
and that you will update all information as it changes. You agree that you will
only use credit cards belonging to you or for which you are expressly
authorized to use. You further agree that you will not attempt to conceal your
identity by using multiple Internet Protocol (“IP”) addresses or email
addresses. You grant RSR the right to provide any information you submit to
third parties for purposes of facilitating the completion of Transactions
initiated by you or on your behalf. Verification of information may be required
prior to the acknowledgment or completion of any Transaction.
Descriptions or images of, or references to, third party products or
services do not imply RSR’s endorsement of such products or services. We
reserve the right, without prior notification, to change such descriptions or
references; to honor, or impose conditions on the honoring of, any promotional
code or other similar promotions; to bar any user from making any or all
Transaction(s); to limit the order quantity on any product or service; and/or
to refuse to provide any user with any product or service. Verification of
information applicable to a purchase may be required prior to RSR’s acceptance
of any order. Price and availability of any product or service are subject to
change without notice.
If we are unable to verify or authenticate any information you provide
during any registration, ordering, purchase, sale, authentication, delivery,
payment or remittance process, or any other process, or if we are no longer
able to verify or authorize your credit card or bank account information, your
registration may be cancelled, we may refuse to honor all pending and future
purchases made on such credit card accounts and/or on any online accounts
associated with such credit card accounts, and you may be prohibited from using
the Services.
Charges and Billing. The Services may require payment of access fees. By
registering for the Services, you hereby authorize RSR to charge your credit
card in advance for all applicable fees incurred by you in connection with your
chosen service, purchase or registration for your account. You hereby
understand and agree that in most cases, RSR will be charging your designated credit
card in accordance with the payment schedule of the Service for which you have
registered, but some service fees may accumulate on your credit card account
before they are actually charged to your credit card. You further understand
and agree that it is your responsibility to notify RSR of any changes to your
credit card or if your credit card has expired, otherwise your access to the
Service may be disconnected or interrupted. You shall additionally be
responsible for and shall immediately pay RSR, on demand, any payments that are
made to us that are subject to an unjustified, subsequent reversal. All fees
shall be paid in U.S. dollars.
RSR reserves the right to change any fees (which includes but is not limited
to, charging a fee for packages, options, upgrades and/or a Service for which RSR
does not currently charge a fee) or billing methods at any time, provided,
however, that such modifications shall not take effect earlier than thirty (30)
days after RSR posts such modification on the Services. RSR also has the right
to collect applicable taxes and impose premium surcharges for some areas of the
Service and these surcharges may apply immediately after you register for the
associated service. You may cancel your account or any associated optional or
upgraded services therefore at any time, but RSR will not refund any remaining
portion of your pre-paid fees and you may be charged an additional cancellation
fee.
You agree to pay your account balance on time. You also agree to pay any
taxes, including sales or use taxes, resulting from your Transaction or use of
the Service. Amounts not paid by you to RSR when due will be assessed an
additional 1.5% (or the highest amount allowed by law, whichever is lower) per
month if your payment is more than thirty (30) days past due. That amount is
also due immediately. You are responsible and liable for any fees, including
attorneys’ and collection fees, that RSR may incur in its efforts to collect
any remaining balances due from you. These Terms of Use shall in no way limit
any other remedies available to RSR. You also understand and agree that you
will be billed for and will pay any outstanding balances if you cancel your
account or your account is terminated. You must notify RSR of any billing
problems or discrepancies within sixty (60) days after they first appear on
your credit card account statement. If you do not notify RSR within sixty (60)
days, you waive any right to dispute such problems or discrepancies.
Parties other than RSR provide services, or sell products or access to their
Events on the Services. You may order services or merchandise through the
Services from other persons not affiliated with RSR (“Seller”). All matters
concerning the merchandise and services desired from a Seller, including but
not limited to purchase terms, payment terms, warranties, guarantees,
maintenance and delivery, are solely between you and Seller. RSR makes no
warranties or representations whatsoever with regard to any goods or services
provided by Sellers. You will not consider RSR, nor will RSR be construed as, a
party to such transactions, whether or not RSR may have received some form of
revenue or other remuneration in connection with the transaction. You agree
that RSR will not be liable for any costs or damages arising out of such
transactions, either directly or indirectly. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any of these
businesses or individuals. RSR does not assume any responsibility or liability
for the actions, product or content of all these and any other third parties.
Information Provided by RSR. Although RSR strives to provide Content that
are both useful and accurate, the nature of the data and other information
contained on the Services are subject to frequent change. In addition, the
facts and circumstances of every situation differ. Accordingly, although RSR
endeavors to use reasonable care in assembling the Content, the Content may not
be up-to-date, accurate or complete.
In addition, portions of the Content have been contributed to the Services
by various sports information directors, writers, coaches, fans, sports teams
and other persons. The inclusion of such information does not indicate any
approval or endorsement thereof, and RSR expressly disclaims any liability with
respect to the foregoing.
Links. As a convenience to our members, we may provide links to third-party
web Services. If you use these links, you will leave the Services. Your
dealings with third parties through links to such third party web Services or
applications are solely between you and such third party. Unless otherwise
explicitly stated, RSR is not responsible for the content, goods or services
provided on or through such web Services, any updates or changes to such
Services, for your use or inability to use such Services, or the privacy or
other practices of such Services, and the fact that RSR offers such links does
not indicate any approval or endorsement of any material contained on any
linked Services. The linked Services are not under our control, and we make no
representations as to the quality, suitability, functionality or legality of
any Services to which we may provide links. RSR expressly disclaims any
responsibility for the content, legality, decency or accuracy of any
information, and for any products and services, that appear on any third party
web Services or application. You hereby completely and irrevocably release and
forever discharge us from and waive any claim you might have against RSR with
respect to such Services.
RSR and/or third parties may, from time to time, send email messages to you
containing advertisements, promotions, etc. pursuant to our Privacy Policy. RSR
makes no representation or warranty with respect to the content of any such
email messages or any goods or services which may be obtained from such third
parties, and you agree that neither RSR nor such third party shall have any
liability with respect thereto.
YOU AGREE THAT YOUR USE OF INTERNET WEB SERVICES AND RESOURCES NOT
CONTROLLED BY RSR, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT,
INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE
THROUGH SUCH WEB SERVICES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO
THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SERVICES AND RESOURCES.
Access By Minors. RSR encourages parents to use appropriate parental
discretion in determining whether to grant authorization to minor children to
access the Services. Pursuant to 47 U.S.C. Section 230 (d), as amended, we
hereby notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors
Rules for Gear Giveaways, Contests and Other Games. In addition to these
Terms of Use, any gear giveaways, contests, games or similar promotions
(collectively, “Promotions”) made available through the Services may be
governed by specific rules that are separate from these Terms of Use. By
participating in any such Promotion, you will become subject to those rules,
which may vary from the terms and conditions set forth herein. RSR urges you to
review any specific rules applicable to a particular Promotion, which will be
linked from such Promotion, and to review our Privacy Policy which, in addition
to these Terms of Use, governs any information you submit in connection with
such activities. To the extent such rules conflict with these Terms of Use,
such rules shall control with respect to the particular Promotion. modify any
software for the Services in any manner or form, nor use modified versions of
such software, including (without limitation) for the purpose of obtaining
unauthorized access to the Services;
Termination. These Terms of Use shall remain effective until terminated in
accordance with its terms. We reserve the right to immediately terminate these
Terms of Use, and/or your access to and use of the Services or any portion
thereof, at any time and for any reason, with or without cause, including but
not limited to repeated unauthorized postings of copyrighted works.
Violators of Terms of Use; Injunctive Relief, and Liquidated Damages.
Violations of these Terms of Use, including unauthorized use of the Services,
may be investigated and appropriate legal action may be taken, including
without limitation civil, criminal and injunctive redress. You understand and
agree that in RSR’s sole discretion, and without prior notice, RSR may
terminate and block your access to the Services or to RSR’s other services,
cancel your event registration, refuse to honor pending and future purchases
made from all credit card accounts or online accounts RSR believes may be
associated with you, cancel an event registration associated with any person
acting or believed to be acting in concert with you, remove any unauthorized
User Content or exercise any other remedy available, if RSR believes that your
conduct or the conduct of any person with whom RSR believes you act in concert,
or the User Content you provide, or any resale of such event registrations
purchased through RSR, violates or is inconsistent with these Terms of Use or
the law, or violates the rights of RSR, a customer of RSR or another user of
the Services. Violating any limitations or terms on the Services, including but
not limited to utilizing automated means to process or place event
registrations that exceed the stated limit will be deemed to be a material
violation of these Terms of Use.
You agree that monetary damages may not provide a sufficient remedy to RSR
for violations of these Terms of Use and you consent to injunctive or other
equitable relief for such violations.
You agree that abusive use of the Services, as defined above, causes damage
and harm to RSR in the form of, among other things, impaired goodwill, lost
sales, and increased expenses associated with responding to abusive use of the
Services. You further agree that monetary damages for abusive use of the
Services are difficult to ascertain and that proof of monetary damages for
abusive use would be costly and difficult to calculate. Accordingly, you agree
that liquidated damages are warranted for abusive use. RSR is not required to
provide any refund to you if it exercises any of its rights or remedies because
you have violated these Terms of Use or any of RSR’s rights. Additionally, RSR
reserves the right, in its sole discretion, to modify, suspend or discontinue
any part of these Services at any time, with or without notice to you. RSR also
reserves the right, in its sole discretion, to impose limits on certain
features and services and to restrict access to the Services without notice to
you. RSR shall not be liable to you or any third party for any claim or cause
of action arising out of its exercise of the foregoing rights.
10. Disclaimers. THE SERVICES, THE CONTENT ON THE SERVICES, AND ANY
PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RSR DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE CONTENT, AND
ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM
COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE INFORMATION ON THE SERVICES OR OTHERWISE IS PROVIDED WITH THE
UNDERSTANDING THAT NEITHER RSR NOR MEMBERS OF THE SERVICES, WHILE SUCH MEMBERS
ARE PARTICIPATING IN ACTIVITIES ON THE SERVICES, ARE ENGAGED IN RENDERING
LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. RSR
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION
OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES
DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SERVICES CAN BE DANGEROUS
AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN
BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SERVICES.
IN MOST INSTANCES, THE ABILITY OF RSR TO PROVIDE SERVICES IS DEPENDENT UPON
A TELECOMMUNICATIONS NETWORK OR THE INTERNET, WHICH MAY NOT BE FULLY SECURED,
AS WELL AS GOODS AND SERVICES PROVIDED BY VARIOUS OTHER VENDORS AND THIRD
PARTIES. RSR DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE
SERVICES OR THE SERVER(S) ON WHICH THE SERVICES IS HOSTED IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, THE SERVICES WILL MEET YOUR REQUIREMENTS, THE
INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE
OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE
SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE
OR STATEMENT OF RSR, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE
ANY WARRANTY. RSR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES, OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND RSR WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. YOUR USE OF THE SERVICES AND ANY CONTENT PROVIDED THROUGH THE
SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM RSR AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
The Services, Content or Forums may include inaccuracies or errors, or
information or Content that violate these Terms of Use. Additionally,
unauthorized alterations may be made by third parties to the Services, Content
or Forums. Although we attempt to ensure the integrity of the Services, we make
no guarantees as to the Services’ completeness or correctness. In the event
that a situation arises in which the Services’ completeness or correctness is
in question, please contact us at
ad***@ma************.com
with, if possible, a
description of the material to be checked and the location (URL) where such
material can be found on the Services, as well as information sufficient to
enable us to contact you. We will try to address your concerns as soon as
reasonably practicable. For copyright infringement claims, see the Section on
“Claims of Copyright Infringement,” above.
11. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY LAW,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER RSR NOR ANY OF ITS AFFILIATES,
SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES,
ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF
DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT
CONTAINED ON THE SERVICES, ANY LINKED SERVICES OR ANY PRODUCT OR SERVICE
PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST
EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RSR SHALL
HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY
TO USE THE SERVICES, PRODUCTS, SERVICES OR ANY LINKED SERVICES; (II) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR ANY LINKED SERVICES;
(III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH
RSR; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY RSR;
(V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER
ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF RSR;
(VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY LINKED
SERVICES; (VIII) ANY FAILURE OF ANOTHER USER TO THE SERVICES TO CONFORM TO THE
CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR SERVICES; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS,
TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES,
INACCURACIES OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES; (XII) ANY FAILURE OF AN EVENT ORGANIZER
TO HONOR A REGISTRATION; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS
ADVERTISED ON THE SERVICES; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT
LISTINGS ON THE SERVICES; AND/OR (XV) ANY OTHER MATTER RELATING TO THE
SERVICES, OR RSR PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF
RSR, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND
SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES,
LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER
OF THE TOTAL AMOUNT OF MONIES RECEIVED BY RSR FROM YOU OR $100 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Indemnification. You agree to indemnify, defend and hold RSR and
its affiliates, licensors, suppliers, advertisers and sponsors, and their
respective directors, officers, employees, consultants, agents and other
representatives, harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys’ fees) and other expenses that arise
directly or indirectly out of or from (a) your breach of these Terms of Use,
including any violation of the Code of Conduct, above; (b) any allegation that
any User Content or other Content you submit to us or transmit to the Services
infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; (c) your activities in
connection with the Services; and/or (d) termination of your access to the
Services.
13. Arbitration Agreement.
(a) Except as prohibited by law, each party to these Terms of Use agrees
that any claim, controversy or legal dispute arising out of or relating to
these Terms of Use (hereinafter, a “Dispute”) will be resolved through binding
arbitration administered by JAMS. If JAMS is not available in the state in
which you reside, then the Dispute will be resolved through binding arbitration
administered by the American Arbitration Association (the “AAA”). This
arbitration agreement is intended to be broadly interpreted and includes
claims, controversies or disputes arising out of or relating to any aspect of
the relationship between you and us, whether based in contract, tort, statute,
fraud, misrepresentation or any other legal theory, all of which shall be
considered within the definition of “Dispute.” THE PARTIES UNDERSTAND THAT,
EXCEPT AS EXPLICITLY SET FORTH TO THE CONTRARY HEREIN, THEY ARE WAIVING ANY RIGHT
TO A JURY TRIAL WITH RESPECT TO DISPUTES. However, RSR may not invoke its right
to arbitrate any individual claim that you bring in small claims court, as long
as it is brought and maintained as an individual claim. Notwithstanding the
above, we both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights. Each party agrees
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Services or these Terms of Use
must be filed within two (2) years after such claim or cause of action arose or
be forever barred.
A party who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). Any Notice to us should
be addressed to: Chief Legal Officer, c/o Max Field Hockey, LLC (“Notice
Address”). The Notice must (i) describe the nature and basis of the claim or
dispute; and (ii) set forth the specific relief sought (“Demand”). If we and
you do not reach an agreement to resolve the claim within thirty (30) days
after the Notice is received, either party may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by
you or us shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or we are entitled. After we
receive notice at the Notice Address that you have commenced arbitration, we
will promptly reimburse you for your payment of the filing fee up to $350,
unless your claim is for greater than $50,000 (as described further below).
The arbitration will be conducted under and governed by the Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes of the AAA (collectively, the “AAA Rules”), except as specified in or
modified by these Terms of Use. The AAA Rules are available online at adr.org,
by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The
arbitrator is bound by the terms of this Section 16. All issues are for the
arbitrator to decide, except that issues relating to the scope of the
arbitration provision are for the court to decide (as described further in
subsection (d) below). The rules promulgated by the AAA concerning class
arbitration shall not apply. For any non-frivolous claim that does not exceed
$50,000, we will pay all costs of the arbitration (i.e. the JAMS filing and
administration fee and the arbitrator’s fee) up to $350 for an arbitration
initiated in accordance with this arbitration agreement. If, however, the
arbitrator finds that either the substance of your claim or the relief sought
is frivolous or brought for an improper purpose (as measured by the standards
set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all
such fees will be governed by the AAA Rules. In such case, you agree to
reimburse us for all monies we previously disbursed that are otherwise your
obligation to pay under the AAA Rules. In addition, if you initiate an
arbitration in which you seek more than $50,000 in damages, the payment of
these fees will be governed by the AAA rules.
Notwithstanding the AAA Rules, the foregoing or any other provision of these
Terms of Use (including the arbitration agreement), any disagreement or dispute
concerning arbitrability (whether a particular Dispute is arbitrable) or the
scope of this arbitration agreement shall be resolved by the United States
District Court for the federal district in which you reside. If that United
States District Court lacks subject matter jurisdiction, then any such
disagreement or dispute shall be resolved by the state court of general jurisdiction
embracing the area in which you reside. By way of example only (and not by
limitation), if the parties do not agree on whether a particular Dispute is
subject to arbitration under this arbitration agreement, the proper tribunal to
decide such Dispute is the United States District Court (for the appropriate
district, as provided above) or, absent subject matter jurisdiction in that
United States District Court, in the appropriate state court (as described
above). The arbitrator shall stay all arbitration proceedings pending a
decision from the appropriate court on disputes under this subsection (d). The
arbitrator shall follow, adhere to and defer to the decision, order, decree or
judgment of the court following the court’s decision of any such dispute under
this subsection (d). Any action, award or partial award of the arbitrator in
contravention of this limitation may be the subject of court appeal by the
aggrieved party. No other aspect of any ruling by the arbitrator shall be
appealable, and all other aspects of the arbitrator’s ruling shall be final and
non-appealable, except as set forth herein.
WAIVER OF CLASS-WIDE PROCEEDINGS: You agree that, by entering into these
Terms of Use, you and we are each waiving the right to participate in a class
action or class arbitration. Each party to these Terms of Use agrees and
covenants that it will not initiate any class-wide proceedings, including class
actions or class arbitrations, against another party, and will not act as a
class representative or class member. This provision constitutes an agreement
that any Dispute will be resolved exclusively on a bilateral basis between the
parties, with each party acting in his/her/its individual capacity. Further,
unless both parties agree otherwise, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. The arbitrator may award relief only in
favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim. If for any reason
the prohibition on class arbitration in this subsection (e) is not or cannot be
enforced, then the agreement to arbitrate will not apply.
These Terms of Use evidence a transaction in interstate commerce, and thus
the Federal Arbitration Act (the “FAA”) governs the interpretation and
enforcement of this provision. Delaware state law and procedures concerning
arbitration shall apply to these Terms of Use only to the extent that they do not
conflict with and are not inconsistent with the FAA. This arbitration agreement
shall survive termination of these Terms of Use.
Unless both parties agree otherwise, any arbitration hearings will take
place in the county (or parish) of your billing address. Subject to the terms
of this arbitration agreement, all Disputes shall be decided by a single
arbitrator, who shall be either: (1) a retired federal judge; (2) a retired
state court judge who sat on a trial court or appellate court for at least five
(5) years; or (3) an attorney admitted to practice in the state in which the
Dispute will be resolved for at least twenty-five (25) years with no
disciplinary history. The arbitrator shall be selected by mutual agreement of
the parties within thirty (30) days of the effective date of the notice
initiating the arbitration. If the parties cannot agree on an arbitrator, then
the complaining party shall notify JAMS (or the AAA, as applicable) and request
selection of an arbitrator in accordance with the applicable AAA Rules. The
arbitrator shall have only such authority to award equitable relief, damages,
costs, and fees as a court would have for the particular claim(s) asserted.
This arbitration agreement is not intended to modify or limit the remedies
available to either party, including the right to seek interim relief, such as
injunction or attachment, through judicial process, which will not be deemed a
waiver of the right to demand and obtain arbitration. Any Dispute that is not
arbitrated, including any judicial action to enforce this arbitration provision
will be litigated exclusively in the United States District Court for the
federal district in which you reside and the parties hereby consent and submit
to the jurisdiction and venue of such court. If that United States District
Court lacks subject matter jurisdiction, then any such disagreement or dispute
shall be resolved by the state court of general jurisdiction embracing the area
in which you reside.
The arbitrator shall have the authority to compel adequate discovery for the
resolution of the dispute and to award such relief as would otherwise be
permitted by law; provided, however, that in no event shall the right to
discovery granted to the parties to these Terms of Use exceed ten (10)
interrogatories, twelve (12) documents requests, two third-party subpoenas, and
one deposition (of not more than four hours), per side. The parties may submit
such pre-arbitration and post-arbitration briefs (including briefs during
arbitration) as they choose, provided that no party shall submit briefing
exceeding a reasonable page limitation to be set by the arbitrator. In the
event any party submits a motion, the arbitrator shall consider the motion and
either deny it or request opposition briefing by the non-moving party, which
shall not be required until requested by the arbitrator. The arbitrator may not
grant a motion without allowing the opposing party an opportunity to oppose.
The total length of the arbitration hearings on the merits shall not exceed 10
hours of hearing time, to be divided equally between the opposing sides. All
discovery shall be completed no later than sixty (60) days after appointment of
the arbitrator. The hearing shall be concluded no later than one hundred eighty
(180) days after appointment of the arbitrator, unless the arbitrator’s
schedule requires a later hearing. The arbitrator may only extend these limits
at the request of a party when the arbitrator finds exceptional cause for the
extension. The parties may extend these limits by mutual agreement.
The arbitrator shall be required to issue a written arbitration decision
including the arbitrator’s essential findings, conclusions and a statement of
award. Except as set forth herein, the arbitrator shall have exclusive
authority to resolve all Disputes.
14. Connectivity; Mobile. Normal carrier charges and taxes may apply
to any Content you access from the Services. RSR is not responsible for any
surcharges you incur from your cell phone or internet service provider as a
result of the use of the Services. With respect to mobile versions or
applications, your carriers’ normal rates and fees, including text messaging
and data fees may apply to your use of the Services or Services. In the event
you change or deactivate your mobile telephone number, you will endeavor to
update your account information within 48 hours to ensure that your messages
are not sent to the person who acquires your old number.
15. Applicable Law. You and RSR agree that the statutes and laws of
the State of North Carolina, without regard to the conflict of laws principles
thereof, will apply to all matters relating to use of the Services.
16. U.S. Export Controls. This Services and software derived from this
Services is further subject to United States export controls. No software from
this Services may be downloaded or otherwise exported or re-exported: (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other country to which the U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Commerce Department’s Table of Deny Orders. By downloading or using the
Services or any software derived therefrom, 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.
17. Privacy. We believe that your privacy and the privacy of all our
users are important. These Terms of Use are subject to the Privacy Policy,
which is hereby incorporated by reference. Please carefully review our Privacy
Policy. By using the Services, you acknowledge that you have read, and you
agree to be bound by the terms of our Privacy Policy. You further acknowledge
and agree that any disputes related to our Privacy Policy, including any
breaches in security or privacy, will be subject to the limitations on
liability contained in these Terms of Use. By registering for and participating
in a sports Event, you understand and agree that your activity or event, or
other results may be posted by the Event organizer. If you would prefer that
your results not be posted or be taken down, you must contact the organizer of
the Event directly, and RSR is not responsible for the posting or removal of
such information. RSR will not be responsible or otherwise liable for any use
or disclosure of your contact information, or financial information, by a third
party to whom RSR is allowed to disclose your contact information under the
Privacy Policy. If you post any User Content to the Services, by email or
otherwise, we will treat it as non-confidential and non-proprietary to you.
When we say in these Terms of Use “post” we mean the provision of information
to the Services through features of the Services that are used to make information
available to other members of the public (e.g., user reviews, bulletin/message
boards, chat rooms, etc.). User Content shall not be subject to the Privacy
Policy and may be publicly displayed and disclosed and otherwise used by RSR or
any third party in any way. By posting User Content to the Services, you
authorize us to use or allow others to distribute, reproduce or otherwise use
such User Content. You should not post information about yourself on the
Services that can be used to identify or contact you, including, but not
limited to, your name, home or work address, phone numbers, email address or
other such information. If you post such information, RSR cannot prevent it
from being used in a manner that violates these Terms of Use, the law, or your personal
privacy and safety. By posting such information on the Services, you violate
these Terms of Use, and you assume the risks and sole liability for the results
of such posting.
18. Questions. If you have any questions, comments or complaints
regarding these Terms of Use or the Services, feel free to contact us at:
ad***@ma************.com
19. Notice Regarding Electronic Commercial Services for California
Users. Under California Civil Code Section 1789.3, California Services users
are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
20. Notice. RSR may provide you with notices, including those
regarding breaches of security, by email, regular mail or postings on the
Services. All notices from you to RSR must be sent to Max Field Hockey at
ad***@ma************.com
and such notices will be deemed received the next day
if sent via email, overnight mail or courier or three (3) days after deposited
in the mail sent certified or registered.
21. Miscellaneous. RSR may assign its rights and obligations under
these Terms of Use and upon such assignment, RSR may be relieved of any further
obligation hereunder. You may not assign any of your rights or obligations
under these Terms of Use. Any assignment in violation of these terms is void.
Rights and obligations under these Terms of Use which by their nature should
survive will remain in full effect after termination or expiration of the Terms
of Use.
You represent to RSR that you have the authority to register with RSR
according to these Terms of Use. The failure of RSR to exercise or enforce any
right or provision of these Terms of Use shall not constitute a waiver of such
right or provision. The section titles in these Terms of Use are for
convenience only and have no legal or contractual effect. RSR may provide you
with notices, including those regarding changes to these Terms of Use and
notices regarding breaches of security, by email, regular mail or postings on
the Services. Except for certain RSR licensors, or as may be otherwise
expressly provided herein, there are no third-party beneficiaries to these
Terms of Use. If any provision of these Terms of Use is held to be
unenforceable by a court of competent jurisdiction for any reason whatsoever,
(i) the validity, legality, and enforceability of the remaining provisions of
these Terms of Use (including without limitation, all portions of any
provisions containing any such unenforceable provision that are not themselves
unenforceable) shall not in any way be affected or impaired thereby, and (ii)
to the fullest extent possible, the unenforceable provision shall be deemed
modified and replaced by a provision that approximates the intent and economic
effect of the unenforceable provision and these Terms of Use shall be deemed
amended accordingly. We may translate these Terms of Use, our Privacy Policy or
any other operating rules, policies and procedures that may be published from
time to time on the Services into other languages for your convenience. The
English language version of each of these documents is the version that governs
your use of the Services and in the event of any conflict between the English
language version and a translated version, the English language version will
control. A printed version of these Terms of Use and of any notices given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to these Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
