TERMS OF USE (TOU)
Welcome to the NSSASoccer.org web site owned and operated by the North
Suburban Soccer Association, a Minnesota nonprofit corporation
("NSSA").
IMPORTANT - PLEASE READ CAREFULLY BEFORE ACCESSING OR USING ANY
PART OF THE SITE. THE FOLLOWING IS A LEGAL AGREEMENT (THE "TERMS OF
USE" OR "TOU") THAT STATES THE TERMS AND CONDITIONS THAT GOVERN ACCESS
TO AND THE USE OF THE SITE AND ANY PROGRAMS, SERVICES, PRODUCTS,
MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE OR
USED IN CONNECTION THEREWITH (COLLECTIVELY, THE "SITE"). NSSA IS
WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS TOU, THAT YOU UNDERSTAND IT AND ITS TERMS AND
CONDITIONS, AND THAT YOU AGREE TO BE LEGALLY BOUND BY IT AND ITS TERMS
AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED
PERMISSION BY NSSA TO ACCESS OR OTHERWISE USE THIS SITE AND ARE
INSTRUCTED TO EXIT THIS SITE IMMEDIATELY. IN SUCH CASE, PROMPTLY RETURN
AND/OR DELETE ANY MATERIALS RELATED TO THE SITE THAT YOU HAVE RECEIVED
FROM NSSA OR THAT YOU HAVE IN YOUR POSSESSION.
Please note that NSSA reserves the right to change the following terms
and conditions from time to time by posting a revised TOU at
www.nssasoccer.org. Your continued use of this Site following any
change will be conclusively deemed acceptance of any change to the
terms and conditions of this TOU. Accordingly, please review the TOU
found at this location on a periodic basis.
TERMS AND CONDITIONS
1. LICENSE GRANT. This Site is provided
by NSSA. This TOU provides you, a User, with a personal, revocable,
limited, non-exclusive, nontransferable license to use this Site
conditioned on your continued compliance with the terms and conditions
of this TOU. You may print and download materials and information from
this Site solely for your personal use, provided that all hard copies
contain all copyright and other applicable notices contained in such
materials and information. This TOU is a license and not an assignment
or sale. Any rights granted hereby are licensed and not sold or
otherwise transferred to you. You expressly acknowledge and agree that
NSSA transfers no ownership or intellectual property interest in and to
the Site to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding
the foregoing, you may not modify, alter, translate, decompile, create
derivative work(s), copy, distribute, disassemble, broadcast, transmit,
reproduce, publish, remove or alter any proprietary notices or labels,
license, transfer, sell, mirror, frame, exploit, rent, lease, grant a
security interest in, transfer any right(s) in, or otherwise use in any
manner not expressly permitted herein the Site. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY
SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY NSSA TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By accessing and
using this Site, you represent that you are at least eighteen (18)
years of age and will, at all times, provide true, accurate, current,
and complete information when submitting information or materials on
this Site, including, without limitation, when you provide information
via a Site registration form. If you provide any false, inaccurate,
untrue, or incomplete information, NSSA reserves the right to terminate
your access and use of this Site. In addition, you agree to abide by
all applicable local, state, national, and international laws and
regulations with respect to your use of this Site and agree not to
interfere with the use and enjoyment of this Site by other Users and
NSSA' operation or management of this Site. Moreover, you agree not to
impersonate any other person or entity, whether actual or fictitious,
including impersonating an employee or representative of NSSA, when
using this Site.
4. PROPRIETARY RIGHTS. All programs,
software, products, information, documentation, and information
contained on or available through the Site, unless otherwise indicated,
are protected by law including, but not limited to, United States
copyright, trade secret, patent, and trademark law, as well as other
state, national, and international laws and regulations. Except as
expressly provided herein, NSSA does not grant any express or implied
right to you or any other person under any intellectual or proprietary
rights. Accordingly, unauthorized use of this Site may violate
intellectual property or other proprietary rights laws as well as other
laws, regulations, and statutes. Please be aware that NSSA actively and
aggressively enforces its intellectual property rights to the fullest
extent of the law. This Site is Copyright © 2006 North Suburban
Soccer Association and/or its licensors. All rights reserved. NSSA also
owns a copyright in the contents of the Site as collective work and/or
compilation and in the selection, coordination, arrangement, and
enhancement of the content of this Site. Any software and other
downloadable or printable programs, information, or materials available
through this Site and all copyrights, trade secrets, and know-how
related thereto, unless otherwise indicated, are owned by NSSA. NSSA
and all other names, logos, and icons identifying NSSA and its products
and services are proprietary trademarks of NSSA, and any use of such
marks without the express written permission of NSSA is strictly
prohibited. Other product and company names mentioned herein may be the
trademarks and/or service marks of their respective owners.
5. PRIVACY POLICY. NSSA considers your
personal identifying information to be private and operates this Site
by keeping any collected personal identifying information confidential,
as described in the NSSA Privacy Policy. Nevertheless, you understand,
acknowledge, and agree that the operation of this Site requires the
submission, use, and dissemination of various personal identifying
information. Accordingly, your use of this Site constitutes acceptance
of NSSA's personal identifying information collection and use
practices. Please see NSSA's Privacy Policy for a summary of NSSA's
personal identifying information collection and use practices.
6. RESPONSIBILITY FOR USE. Use of the
Internet and this Site is solely at your own risk and is subject to all
applicable local, state, national, and international laws and
regulations. While NSSA has endeavored to create a secure and reliable
Site, you should understand that the confidentiality of any
communication or material transmitted to/from the Site over the
Internet or other global communication network cannot be guaranteed.
Moreover, you understand that the technical processing and transmission
of the Site may involve transmission over various networks.
Accordingly, NSSA is not responsible for the security of any
information transmitted via the Internet, the accuracy of the
information contained on the Site, or for the consequences of any
reliance on such information. You assume sole and complete risk for
using this site and must make your own determination as to these issues.
7. ENFORCING SECURITY ON THE SITE. Actual
or attempted unauthorized use of the Site may result in criminal and/or
civil prosecution. NSSA reserves the right to view, monitor, and record
activity on the Site without notice or permission from you. Any
information obtained monitoring, reviewing, or recording is subject to
review by law enforcement organizations in connection with
investigation or prosecution of possible criminal activity on the Site.
NSSA will also comply with all court orders involving requests for such
information.
8. POSTINGS. To the extent that the Site
contains bulletin boards, message boards, chat rooms, message areas,
platforms, question/answer areas, or other communication forums
(collectively, "forums"), you agree that by following materials on the
Site's forums:
- anything which interferes with or disrupts the Site or the operation
thereof
- statements or material that defames, harasses, abuses, stalks,
threatens, or in any way infringes on the rights of others
- unauthorized copyrighted materials or any other material that
infringes on the intellectual property rights, trade secrets, or
privacy of another
- statements or material that violates other contractual or fiduciary
rights, duties, or agreements
- statements or material that is bigoted, hateful, or racially offensive
- statements or material that encourages criminal conduct or that would
give rise to civil liability or otherwise violate any law or regulation
in any jurisdiction
- statements or material that constitutes anti-competitive
collaboration and/or antitrust violations
- statements or material that contains vulgar, obscene, profane, or
otherwise objectionable language or images that typically would not be
considered socially or professionally responsible or appropriate in
person
- statements or material that harms minors
- statements or material that impersonates any other person or entity,
whether actual or fictitious, including employees and representatives
of NSSA
- statements or material that misrepresents your affiliation with any
entity and/or NSSA
- anything that violates the privacy rights of any other person
- chain letters or pyramid schemes
- statements or material that constitutes junk mail, spam, or
unauthorized advertising or promotional materials
- statements or material that are "off-topic" for a designated forum
- files that contain malicious code, viruses, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer
9. NO PRE-SCREENING OF POSTINGS. NSSA is
not responsible for screening, policing, editing, or monitoring your,
another User's, or other third party content posted to Site forums, and
NSSA is not a publisher of such postings. Nevertheless, NSSA reserves
the right to delete or take other action with respect to postings that
NSSA believes in good faith violate this TOU and/or are potentially
unlawful. If you violate this TOU, NSSA may, in its sole discretion,
issue you a warning and/or terminate your use of the Site. Moreover, it
is a policy of NSSA to take appropriate actions under the Digital
Millennium Copyright Act and other applicable intellectual property
laws. If you become aware of postings that violate these rules, you may
contact the President of NSSA via email at the address posted on the
"Contact Us" page of this Site.
10. NO ENDORSEMENT OF POSTINGS. You must
use your best judgment and reasonable caution in evaluating all User or
third party postings or other content (including information and
opinions posted by others to forums) on the Site. NSSA does not
endorse, oppose, or edit any opinion or information provided by a User
or third party, with the exception of removing temporarily or deleting
what appears to be potentially unlawful content or content otherwise
prohibited under this TOU. NSSA does not make any representation with
respect to, nor does it endorse the accuracy, completeness, timeliness,
or reliability of any advice, opinion, statement, or other material
displayed, uploaded, distributed by any User of, or third party
contributing materials to, this Site. NSSA expressly disclaims all
responsibility and liability for such postings, information, and
materials.
11. PERMISSION TO USE POSTINGS. The
purpose of this Site and the services, programs, products, materials,
and information available through it is to share information and
provide service about NSSA with our members and visitors, and to
internally and externally promote the Club's mission, achievements and
interests. By submitting information, content, and materials to a forum
or other portion of this Site or by otherwise using the Site to
transmit information, content, and materials, you automatically grant
NSSA a royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, redistribute, transmit, perform, and
display such information, content, and materials (in whole or in part)
worldwide and/or to incorporate into other works in any form, media, or
technology now known or later developed for the full term of any rights
that may exist in such information, content, and materials.
Notwithstanding this right and license, it is understood that by merely
permitting your information, content, and materials to appear on this
Site, NSSA has not become and is not a publisher of such information,
content, and materials.
12. SUBMISSIONS. NSSA welcomes your
feedback and suggestions about how to improve this Site. By
transmitting any suggestions, information, material, or other content
(collectively, "feedback") to NSSA, you represent and warrant that such
feedback does not infringe the intellectual property or proprietary
rights of any third party (including, without limitation, patents,
copyrights, or trademark rights) and that you have all rights necessary
to convey such feedback to NSSA. In addition, any feedback received
through this Site will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for NSSA to
adopt, publish, reproduce, disseminate, transmit, distribute, copy,
use, create derivative works, and display (in whole or in part)
worldwide, or act on such feedback without additional approval or
consideration, in any form, media, or technology now known or later
developed for the full term of any rights that may exist in such
content, and you hereby waive any claim to the contrary.
13. MESSAGE STORAGE. NSSA assumes no
responsibility for the deletion of or failure to store any message.
14. THIRD PARTY PRODUCTS/SERVICES. You
acknowledge and agree that this Site may feature materials, products,
and services provided by Users and third parties. NSSA makes no
representations with respect to, nor does it guarantee or endorse, the
quality, non-infringement, accuracy, completeness, timeliness,
reliability, or correct sequencing of such third party materials,
products, and services or any other materials, products, and services
which such third party materials, products, and services may access.
NSSA expressly disclaims responsibility and liability for all third
party provided materials, products, and services contained on or
accessed through the Site.
15. ADVERTISERS ON THIS SITE. NSSA, in
its sole discretion, may post the advertisements of third parties on
this Site. Your correspondence or any other dealings with advertisers
found on this site are solely between you and such advertiser. You
agree that NSSA shall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as the result of the
presence of such advertisers on this Site. Moreover, NSSA shall not be
responsible or liable for the statements or conduct of any third party
on this Site.
16. LINKS TO OTHER SITES. NSSA may
provide links, in its sole discretion, to other sites on the World Wide
Web for your convenience in locating related information, products, and
services. These sites have not necessarily been reviewed by NSSA and
are maintained by third parties over which NSSA exercises no control.
Accordingly, NSSA expressly disclaims any responsibility for the
content, the materials, the accuracy of the information, and/or quality
of the products and services provided by or advertised on these third
party websites. Moreover, these links do not imply an endorsement with
respect to any third party or any web site or the products or services
provided by any third party.
17. EVENTS BEYOND NSSA'S CONTROL. You
expressly absolve and release NSSA from any claim of harm resulting
from a cause beyond NSSA's control, including, but not limited to,
failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes, or other labor problems,
wars, or governmental restrictions.
18. DISCLAIMER. WHILE NSSA ENDEAVORS TO PROVIDE THE MOST
ACCURATE, UP-TO DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS,
PRODUCTS, MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS,
PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE
ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, NSSA MAY MAKE
MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION,
SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED IN OR AVAILABLE
THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE
RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES,
PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE.
NSSA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY,
COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE
INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED ON
OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
19. LIMITATION OF LIABILITY. IN NO
EVENT SHALL NSSA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS
SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES,
AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF
UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF NSSA HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING
THE FOREGOING, TOTAL LIABILITY FOR NSSA FOR ANY REASON WHATSOEVER
RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY
YOU TO NSSA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR
DISPUTE.
20. INDEMNITY. You agree to defend,
indemnify, and hold harmless NSSA and its affiliates and all of their
employees, agents, directors, officers, proprietors, partners,
representatives, shareholders, servants, attorneys, predecessors,
successors, and assigns from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs, and
expenses (including reasonable attorneys' fees and litigation
expenses), relating to or arising from your use of the Site and any
breach by you of this TOU.
21. GOVERNING LAW. This TOU has been made
in and will be construed and enforced in accordance with the laws of
the State of Minnesota as applied to agreements entered into and
completely performed in Minnesota. Any action to enforce this TOU will
be brought in the federal courts presiding in Saint Paul, Minnesota,
U.S. or state courts presiding in Ramsey County, Minnesota, U.S. and
all parties to this TOU expressly agree to be subject to the
jurisdiction of such courts. This Site is controlled and operated by
NSSA from its offices within the United States. NSSA makes no
representation that the Site is appropriate or available use in other
locations, and access to the Site from territories or nations where any
aspect of the Site is illegal is prohibited. You access this Site on
your own volition and are responsible for compliance with applicable
local laws.
22. TERM AND TERMINATION. This TOU will
take effect at the time you click "I ACCEPT" and/or begin accessing, or
using this Site, whichever is earliest. NSSA reserves the right at any
time and for any reason to deny you access to the Site or to any
portion thereof and to terminate this TOU. This TOU will terminate
automatically if you fail to comply with the
ate limitations described herein. Termination will be effective without
notice. You may terminate any time by ceasing to use the Site, but all
applicable provisions of this Agreement will survive termination, as
outlined below. Upon termination, you must destroy all copies of any
aspect of the Site in your possession.
23. SURVIVABILITY. The provisions
concerning proprietary and intellectual property rights , permission to
use postings, submissions, events beyond NSSA's control,
confidentiality, indemnify, representations and warranties, disclaimers
of warranty and liability, availability records, admissibility of this
TOU, termination, and governing law will survive the termination of
this TOU for any reason.
24. WAIVER. Failure to insist on strict
performance of any of the terms and conditions of this TOU will not
operate as a waiver of any subsequent default or failure of
performance. No waiver by NSSA of any right under this TOU will be
deemed to be either a waiver of any other right or provision or a
wavier of that same right or provision at any other time.
25. ADMISSIBILITY. A printed version of
this TOU and of any related notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this TOU to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
26. SEVERABILITY. If any part of this TOU
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and the
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most clearly matches the intent of the
original provision and the remainder of this TOU shall continue in
effect.
27. RELATIONSHIP OF PARTIES. No joint
venture, partnership, employment, or agency relationship exists between
you and NSSA as result of this TOU or your utilization of this Site.
28. RESERVATION OF RIGHTS. Any rights not
expressly granted by NSSA herein are reserved.
29. ENTIRE AGREEMENT. This TOU, NSSA's
Privacy Policy, and any related or associated service or software
license agreements, which are all hereby incorporated by reference as
if set forth fully herein, represents the entire agreement between you
and NSSA with respect to use of the Site, and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral, or written between you and NSSA with respect to this Site. Please
note that NSSA reserves the right to change the terms and conditions of
this TOU and under which this Site and its many offerings are extended
to you. In addition, NSSA may add, or delete any aspect of this Site.
Your continued use of this Site will be conclusively deemed acceptance
of any change to this TOU or the Site.
30. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning NSSA and its products or services, please contact a Board Member of NSSA via email at the address listed on the "Contact Us" page of this Site.