Website Terms of Service
Please read the User Agreement and the other information referred to or linked to in the User Agreement carefully and be sure you understand it, because it is a legally binding agreement that contains important information about our Services and your permitted uses of such. From time to time we may unilaterally modify the User Agreement, so it is important that you review the User Agreement every time you use our Services. We will attempt to notify you of modifications to the User Agreement. However, you are bound by these Terms regardless of whether or not you receive and/or view any notification attempt.
PLEASE NOTE: BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING, OR STORING THE SITE OR ANY OF THE SERVICES, FUNCTIONS, OR CONTENTS AVAILABLE ON OR THROUGH OUR SERVICES, YOU AGREE TO BE BOUND TO ALL OF THE TERMS OF THE USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE USER AGREEMENT, THEN YOU MAY NOT USE THE SITE OR OUR SERVICES.
Changes to the User Agreement
Privacy and User Information
Cross Border Data Transmission
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of a Service, your use of such aspects of the Services shall be subject to this User Agreement and to the specific terms included in any order form, statement of work, or the like (if applicable) to which you indicate your acceptance (for instance, by signing the form or via online click-through acceptance, or by making related payments to the Club). If there is any conflict between such terms, as to the Club’s obligations, the terms of this User Agreement shall prevail.
Terms of Payment. Payment and pricing terms for the Services are as specified by the Club or its vendors at the time of processing, or as may otherwise set forth by us from time to time. You agree to pay the Club all fees indicated for the requested Services you may purchase, and any applicable taxes in connection with your access to or use of such. All fees charged by us are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties excluding taxes based solely on our income. All sales are final, all invoices due upon receipt, and notwithstanding any other provision in the User Agreement, the Club is not obligated to issue refunds, including for prepaid fees. Unless otherwise agreed by both parties, you will be billed for the Services, as applicable, until you properly terminate your applicable subscription, service agreement, and/or corresponding account, if any, or we terminate such at our discretion. Your termination may not take effect until completion of the billing cycle for the then-current term.
Processing and Vendors. You acknowledge that the Club may contract with various third parties, such as banks and payment processors, to facilitate such payment processing. You also authorize your credit card issuer, bank, or payment service to pay any amounts described herein and associated with your account and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account, bank account, or payment service account until you or we terminate as provided herein or these amounts are paid in full, whichever is later.
Credit Cards and Payment Options. We will bill the fees due to the credit card or other payment option you provide to us or select during registration (or to a different credit card or payment option if you change your payment information). You acknowledge that the amount billed for each renewal term may vary due to promotional offers, changes in the Services, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
You represent and warrant that you are authorized to use such credit card, bank, or payment service for the purpose of purchasing such Services from us. You further authorize us to store your credit card, bank, and/or payment service information. You must of course provide us with current, complete, and accurate billing, credit card, and registration data information. At the beginning of each applicable billing cycle for relevant Services we will make attempts to charge the applicable fee to the credit card, bank, or payment service on record, and if we are unable to process the payment due, the Services, and your access to them, will be immediately disabled. You must also promptly update all billing information to keep your account and registration data current, complete, and accurate, and you must promptly contact us if your credit card or other relevant account information is lost, stolen, compromised, or if you become aware of a potential breach of account security. You authorize us to obtain or determine updated or replacement expiration dates for your credit card or other payment method in the event that such, as you provided to us, expires or is terminated. We reserve the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method. If payment is not received from your credit card issuer, bank, or payment service, you agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. Unless otherwise stated, all fees are quoted in U.S. Dollars. The Club reserves the right, with respect to any amount not paid when due, to charge a finance charge equal to one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid.
Mobile Usage and Data Rates. You may use mobile data in connection with any mobile software applications related to the Services the Club may offer and may opt-in to receive certain notifications or information via text messaging. You may incur additional charges from your wireless provider by selecting certain options. You agree that you are solely responsible for any such charges.
The Services are available only to individuals or entities who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Services, you represent that you are of sufficient legal age to use the Services and to create binding legal obligations for any liability you may incur as a result of the use of the Services.
You agree that, while accessing or using the Services, you will not:
- Use the Services or features made available via such in any manner with the intent to interrupt, damage, disable, overburden, or impair the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- Reverse engineer, disassemble or decompile, or otherwise attempt to derive code from any information accessible through the Services or permit any third party to do so;
- Communicate or cause to be communicated to or through the Services any Personal Information that (a) infringes the privacy or other rights of any third party; (b) is defamatory, indecent, obscene, pornographic, or harmful to minors; (c) contains any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs”, cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally-identifiable information; or (d) violates any law or regulation;
- You agree not to create a hypertext link from any websites controlled by you or otherwise, to the Services without our express written permission, nor to use the Site except for your own informational purposes;
- You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of the Club or any third party that provides Services related to the Site or the Club;
- You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site, Services, or any contents or information contained therein, unless you obtain our prior express written consent; and
- You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Services.
We encourage you to report to us, at email@example.com, any suspected violations of the User Agreement or any other additional rules that apply to the Site or the Services. The Club reserves the right, without obligation and without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of the User Agreement or violations of any additional terms, conditions, and rules posted in connection with a particular service or feature in the Services, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of the User Agreement to the full extent of the law, (e) delete or modify any content in the Services, including any Personal Information, as allowed by law, and (f) discontinue the Services or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
User Content and Feedback
The Club invites your questions and comments. The following terms apply to any content (including, without limitation, text, images, and graphics) you provide to the Club via certain functions of the Services or other means—for example, if you email or provide us information online, at our events, or over the phone (“User Content”):
Responsibility: You are solely responsible for your User Content (including, without limitation, any liabilities) and, subject to these Terms, may be required to indemnify the Club from any claims arising or relating to such User Content. Also, you are responsible for any User Content posted or submitted online using your name, email address, or other account information the Club may require, whether you authorized that use or not. Please be sure to keep any user names and passwords you use for the Services secret. You acknowledge that any User Content you submit or post or that is submitted or posted by any third party is not endorsed by the Club and does not reflect the opinion, recommendation, or advice of the Club in any manner, and you agree that the Club is not responsible for, and has no liability in connection with, any User Content. If you believe that any content on the Site violates these Terms, any law or any right of a third party, please let the Club know.
Right to Use: If you upload User Content to the Services, this will constitute your representation and warranty that you have the lawful right to distribute and reproduce your User Content and such content does not violate these Terms and will not cause damage or injury to any person or entity.
Prohibited Content: The Club has determined that certain User Content is prohibited on the Site (“Prohibited Content”). You agree that you will not submit any Prohibited Content, which is any User Content that:
- is illegal or encourages or solicits illegal behavior, including, without limitation, any User Content that infringes any third-party intellectual property rights;
- is obscene, harassing, pornographic, inflammatory, profane, or bigoted;
- is threatening or defamatory;
- contains any Personal Information other than your own.
The Club’s Rights: The Club has the right, but not the obligation, to monitor and modify or remove any content or materials in the Services. The Club is not responsible for, and assumes no liability for, any User Content or any other content posted or submitted by you or any third party. Additionally, should the option be available in connection with the Services, you are solely responsible for your interaction with other users of the Services. The Club reserves the right to monitor any disputes between you and other users. You agree that the Club will have no liability for your interactions with other users, or for any act of any other user of the Services.
Feedback: You acknowledge and agree that any User Content, including questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials, or other information or materials regarding the Services, the Club, or the Club’s general products or services (“Feedback”) that are provided by you in the form of email or other submissions to the Club or any postings via the Services, are non-confidential and (as between you and the Club) shall become the sole property of the Club. The Club shall own, and you hereby assign to the Club, all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Proprietary Rights Information
The Services contain and reference trademarks, technologies, products, processes, and/or other proprietary rights owned or controlled by the Club and others.
Copyright: The Services, including all content and each of the modules, pages, and features of the Services, are protected by copyright and are owned and controlled by us or various third parties.
Images: The images of individuals available on our Site or via our Services may include current and past directors, principals, affiliates, employees, vendors, officers, volunteers, participants, staff members, and/or supporters of the Club. Our Services may also contain commercial stock photography featuring persons not associated with the Club.
Trademarks: The trademarks, logos and service marks, and trade dress displayed via the Services, including all page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”), are owned and controlled by the Club and various third parties. All other trademarks, registered trademarks, product names, company names, or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Club.
Prohibitions regarding Intellectual Property: The Services, including all copyrightable elements, images, Trademarks, and the content provided via such (together, “IP”) may not be copied, reproduced, republished, uploaded, posted, modified, transmitted, or distributed without our prior written permission, except that you may download, display, and print one copy of the materials presented via the Services on your personal computer or device for your personal, noncommercial use only. Any other use or reproduction of the IP, including on any other website or in any environment of networked computers, without our express written consent is strictly prohibited.
Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the IP without our written permission. No license or right to or in the IP or any such proprietary rights are granted to or conferred to you. You may not utilize framing techniques to frame the Site or any representation of the Services or any Club trademark, logo, or other proprietary information (including images and text). You may not use any metatags or any other “hidden text” utilizing the Trademarks or any other name, trademark, or product or service name of the Club without our prior written permission. You must retain and not modify or obscure all copyright and trademark notices, including any other proprietary notices, contained in the materials you download.
Unauthorized use of the Services and/or IP may violate applicable copyright, trademark, or other intellectual property laws or other applicable regulations, rules, terms, statutes, or laws, including U.S. Copyright Act of 1976, Title 17 U.S.C.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or in the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Club’s copyright agent can be reached as follows:
The Basketball Club of Woodinville
PO Box 1933
Woodinville, WA 98072-1933
WE DO NOT WARRANT THAT ANY CONTENT POSTED ON OR ACCESSED THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER THE CLUB, NOR OUR SUPPLIERS, WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY EXPERIENCE, PRODUCTS, SERVICES, INFORMATION, OR ANY OTHER MATERIAL YOU OBTAIN THROUGH OR IN CONNECTION WITH THE SERVICES. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). WE MAY MODIFY, DELETE, OR SUPPLEMENT THE CONTENT IN THE SERVICES, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE.
Limitation of Liability
NEITHER WE, NOR OUR DIRECTORS, VOLUNTEERS, PRINCIPALS, AFFLIATES, EMPLOYEES, OR VENDORS, SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT PROVIDED VIA THE SERVICES; ANY DELAY IN USE OF OR ACCESS TO THE SERVICES OR CONTENT PROVIDED VIA SUCH; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SERVICES; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS, AND USEFULNESS.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY. NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED USD$1.00.
You agree that you are personally responsible for your use of the Services and their contents, and further agree to indemnify, defend, and hold harmless us and our third party service providers from and against any loss, personal injury, damage, expense, or liability of any kind (including attorneys’ fees and costs) resulting from your violation of any of the Terms or your use of or access to the Services, your communications with us or on the Services and/or your violation of the rights of any third party.
In the event that we are unable to resolve your concern regarding this User Agreement, by using the Services you unconditionally agree that all claims raised by you relating to your access or use of our Services, including all disputes arising out of, or related to any services purchased, will be resolved entirely through binding individual arbitration, rather than in court. You or we may also assert individual claims in small claims court if such claims otherwise qualify. You expressly agree that any dispute raised by you is governed by the laws of the State of Washington, USA and specifically excludes the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if applicable.
Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: The Basketball Club of Woodinville, PO Box 1933, Woodinville, WA 98072-1933. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You or we may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location.
You agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial or to participate in a class action against the Club. In addition, you agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY DEMAND BY YOU FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision (notwithstanding the application of Washington law to any underlying claims as provided above). You agree that this arbitration provision survives any termination of these Terms or any other agreement between us.
Notwithstanding any User Agreement terms, we reserve the right, without notice and in our sole discretion, to terminate any license you may have to use the Services, and to block or prevent your future access to or use of the Services.
Our Services are controlled and operated from the United States. Neither we, nor any service providers make any representation that any content on the Site or Services offered or accessed on or through them are appropriate or available for use in other locations. If you access the Services from a location outside the USA you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.
You agree that the terms of the User Agreement, as they may be amended from time to time, set forth your and our entire understanding as to the subject matter of the Terms. Nothing contained in the User Agreement shall be deemed to constitute a partnership or joint venture, or constitute an employment or agency relationship, between you and us.
If any provision of the User Agreement is found to be invalid or unenforceable, the remainder of the User Agreement shall remain in full force and effect, and all terms and conditions shall be enforced to the fullest extent permitted by law.
No waiver or failure of ours to assert our rights under any provision of the User Agreement shall be valid unless in writing and signed by an officer of the Club. The Club may assign our rights and duties under the User Agreement, in whole or in part, to any party without notice to you. You may not assign your rights and duties, in whole or in part, without our prior written consent.
All rights not expressly granted herein are reserved to us. Questions about the User Agreement or the Services? Please contact us at the following address: The Basketball Club of Woodinville, PO Box 1933, Woodinville, WA 98072-1933 or via email at firstname.lastname@example.org.
Date these Terms were Last Updated: March 31, 2018.