USA Sport Group Companies
Last Modified: May 5, 2019
- Any or all services available on or through the Sites (the "Services").
You certify and agree that you WILL:
- only use the Sites and Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use;
- comply with all notices, instructions, and rules posted on the Site; and
- implement all Internet access and all security procedures required to use the Site at the sole expense of you
- you will use the Sites only for lawful purposes.
You certify and agree that you WILL NOT:
- restrict or inhibit any other user from accessing or using the Sites or Services, including but not limited to harassment, hacking, interfering, adversely affecting, or defacement);
- use create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of any law, or is inconsistent with community standards;
- use any copyrighted material from the Sites, unless you own the copyright in and to such material;
- transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights;
- cheat or utilize any unauthorized robot, spider, or other programs in connection with the Sites and Services;
- impersonate any other individual or entity, or submit non-public personal information about another person without explicit consent, whilst using the Site and/or its Services.
- provide assistance, guidance, or instruction to any other individual or entity regarding any of the above. All determinations will be made by USA Sport Group in its sole discretion.
- engage in spamming or flooding
- frame or mirror any part of the Sites
- harvest or collect information about Site visitors without USA Sport express consent.
- take action that imposes or may impose an unreasonable or disproportionally large load of data, information, or queries on our infrastructure.
- attempt to gain access to or retrieve information from USA Sport Group other than through the user interface provided by the Sites or e-mails sent to you by USA Sport Group Companies.
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
This remainder of this Agreement details your legal rights pertaining to the following section titles. These titles are for your convenience and have no legal or contractual effect.
- Eligibility to use the Sites
- Registrations, purchases, and payments
- Discounts, Special Offers & Credit Vouchers
- Website Links
- Consent to Emails and Automated Texts
- Liability & Waiver Release
- Applicable Law & Violation of Terms
- Ownership & Intellectual Property Rights
- Contact Us
USA Sport Group Websites (collectively "Sites", "Websites", "USG Websites") refers to all affiliated sites including but not limited to usasportgroup.com, ussportsinstitute.com, unitedsocceracademy.com, sportssquirts.com, soccersquirts.com, pulsecamps.com, and ustennisinstitute.com.
USA Sport Group Companies ("USG", "USA Sport Group", “us”, “we” or “our”, "USG Companies") refers to all affiliated companies including but not limited to USA Sport Group LLC, US Sports Institute, United Soccer Academy, and First Play LLC. It shall include all affiliates, officers, directors, owners, coaches, sponsors, partners, supervisors and representatives associated with the Programs.
"You" ("Your", "I", "My", "Registered User", "User") refers to you as an individual and all registered parties for whom you are registering and by virtue the participant you are acting on behalf.
"Registered Party" ("participant") refers to any individual (including minors or those you are acting on behalf of as the legal parent or guardian) being registered for the Program using the USA Sport Group Sites and Services and is planning to participate and/or is participating in the Program.
"Events" ("Camps", "Events" "Programs", "Classes") shall include all services, activities, events, programs, classes or services provided, arranged, organized, conducted, sponsored or authorized by the Releasee and shall include, but is not limited to "Sports Activities"; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to the “Program”.
"Services" refers to any or all services available on or through the Sites
Eligibility to use the Sites
By accessing or using the USA Sport Group Websites & Services, you certify that you:
- Are a resident of the United States
- At least 16 years of age
- You are not barred from receiving Services under the laws of the United States or other applicable jurisdictions
Access by Minors
The Site is intended for a general audience and is not intended to be used by minor children. USA Sport Group does advise children under the age of 16 (collectively "Minor's") use of its Site and Services, and thus requests parents use appropriate parental discretion in authorizing access. If you are a parent or guardian of a minor you are solely responsible for (i) monitoring the use of USA Sport Group Sites by a Minor; and (ii) the consequences of any use of the Site by such Minor.
Pursuant to Title 47 U.S.C. § 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 and information that is harmful to Minors. Information identifying current providers of such protections is available at the GetNetWise web site http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with USA Sport Group).
Registrations, purchases, and payments
User Account & Registration
USA Sport Group allows you to access, view content and browse several parts of the Sites, however, to access or use certain functions including registering for a program you are required to create and register for a USA Sport Group User Account ("User Account", "Account"). When creating a User Account you will be required to create a username and password and disclose personal information. You are responsible for ensuring the confidentiality of your information and the security of your Account.
You warrant and agree that you will:
- provide accurate, current and complete information about you and your child(ren) as and when prompted by any data input method on the Sites.
- maintain and promptly update your account and any other information you provide to keep it accurate, current and complete
- maintain the security of your password and identification
- NOT share your Account information with any other person
- NOT create a User Account with the intent to impersonate another individual
- NOT use offensive or vulgar terminology as your username
- be fully responsible for your Account and any actions that take place using your Account, whether or not authorized by you.
If when creating your Account you provide inaccurate, incomplete or not current information about you or your child(ren), or USA Sport Group has reasonable grounds to believe that the information in your Account is untrue, inaccurate or not current, USA Sport Group, in its sole discretion, has the right to suspend, deactivate or terminate your Account and refuse all current and future use of the Sites and Services.
To the maximum extent permitted by law, you acknowledge and agree that USA Sport Group Companies its affiliates, officers, coaches, sponsors, partners, supervisors and representatives shall not be liable for any harm caused or related to the theft or misappropriation of your username and/or password, to the fullest extent permissible by law, including but not limited to your failure to keep your registration confidential, your authorization of access or/and use your Account to another individual, your disclosure of your username or password,. If you have reason to believe your Account is no longer secure, you agree to immediately change your password and notify USA Sport Group in writing (via email or mail).
USA Sport Group does not endorse, control, nor are responsible for the products, Services and/or Events of any third-party organization ("Service Partners"), including but not limited to the descriptions, images, and references of such Services, Events, and products on the USA Sport Group Sites. You hereby acknowledge and agree that we are not responsible for any inaccuracies, errors or omissions, or for the results in using such information.
You warrant and agree that:
- all information you provide will be true, accurate, current and complete, including but not limited to the credit card information, name, address and any other identifying information of any nature.
- maintain and promptly update your account and transactional information as it changes (when required)
- you purchase Services using credit cards legally belonging to you or those which you are authorized to use.
- you will not attempt to conceal your identity or location using multiple Internet Protocol ("IP") addresses, virtual private networks ("VPNs"), or email addresses to conduct transactions on the Sites.
USA Sport Group reserves the right to (without prior notification):
- change images, descriptions or references to any product or Service or Event.
- impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotional discount or offer.
- prevent any user from making transactions of any kind
- limit the order quantity of a product or Service.
- refuse to provide any User with a product or Service.
- change the price or availability of any product or Service without notice
- request verification of information prior to approving a purchase.
- cancel your registration if we are unable to verify the information you provide when purchasing a product or Service.
- refuse to honor all or pending purchases, and prohibit the use of the Sites at any time.
Transactions & Payments
We accept Visa, MasterCard, American Express and Discover credit cards as forms of payment.
When purchasing Services on our Sites you authorize USA Sport Group (or our designated payment processor) to use your personal information to charge the account you specified for the purchase amount. All payments are to be made in United States Dollars. To protect your transactions and purchase our payment gateway adheres to the standards set by PCI-DSS as managed by PCI Security Standards Council, which is a joint effort of brands (like Visa, MasterCard, American Express and Discover) to ensure the secure handling of your credit card information.
All online payment transactions for USA Sport Group Companies are processed securely through USA Sport Group, LLC on www.USAsportGroup.com using Authorize.net as the dedicated payment gateway. For the purpose of facilitating and completing your online payment transactions, you grant USA Sport Group Companies permission to provide any information you submit to third-parties for your purchases or purchases made on your behalf using your Account. By purchasing a product or Service on the USA Sport Group Sites you agree that you are entering an agreement with USA Sport Group to provide that product or Service, and understand Authorize.net is the payment gateway handling my secure transaction, whereby Authorize.net is not in any way responsible or liable in any way for the Service provided to me by the USA Sport Group and that my credit card statement will detail payment transaction through USA Sport Group.
In the event that we are unable to verify your information, including but not limited to the information you provide at during User Account creation and/or purchasing a product or Service, we may refuse to honor all pending and future purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
Billing & Charges
By registering for User Account, you hereby authorize USA Sport Group to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service, purchase or registration. To access certain aspects of the Sites and Services, USA Sport Group may require registration and payment of access fees. You understand and agree that USA Sport Group will be charging your credit card in accordance with the payment schedule of the transaction, Service or Event for which you have registered and that some service fees may accumulate on your credit card account before they are actually charged to your credit card. You understand and agree to maintain and promptly update your information to keep it true, accurate and complete, including but not limited to changes to your credit card numbers, expiry, and the address associated with the credit card otherwise USA Sport Group has the right to disconnect or suspend your access to the Site and/or Service.
From time to time USA Sport Group may amend, update or add additional Services. New Services may be added for additional fees or charges, you may elect to opt in or out of these new Services, however, the use of them is at the sole discretion of USA Sport Group. We also reserve the right to implement changes to a Service for which previously we do not currently charge a fee. If amendments or updates are made to Services which in turn change the cost of your subscription, use of Services, or access to the Site, USA Sport Group will give you at least thirty (30) days notice prior to any new fees taking effect. You understand and agree that USA Sport Group reserves the right to collect applicable taxes and impose premium surcharges to access some areas of a Service, of which these surcharges may apply immediately after you register for the associated Service.
You agree to pay your account balance on time and all applicable taxes related to your purchases and use of Services. If you fail to pay your account balance within ten (10) business days (where a dispute notification has not been received "Undisputed Charges") then USA Sport Group may provide you with written notice of these overdue charges ("Late Notice"). If you fail to pay overdue charges after thirty (30) days of receiving the Late Notice, then USA Sport Group may: (a) terminate the Partnership Agreement; (b) add interest of one and one half percent (1.5%) on all overdue amounts or the maximum rate permitted by law; (c) suspend access to all USA Sport Group Services; (d) recover all fees and costs incurred in seeking collection for the overdue charges (including but not limited to reasonable attorney fees, court costs and collection agency fees). You have the right to dispute any charges. USA Sport Group must be notified of all disputed charges in writing (email is accepted) within sixty (60) days after appearing on your credit card account statement and you agree to provide supporting documentation regarding the specific transaction as and when requested. You agree to You acknowledge that you must notify USA Sport Group of any disputed charges within sixty (60) days, and you hereby waive your right to dispute such discrepancies if you fail to adhere to this timeframe.
Third-Party Services, Products & Events
Third-party organizations may provide Services, sell products and allow registration to their Events on the USA Sport Group Websites (referred to hereafter as "Service Partners"). All matters concerning Service, products, and Events by Service Partners are solely between you and the Service Partner, including but not limited to the terms of purchase, payment, warranties, guarantees, maintenance, and delivery. USA Sport Group does not endorse, control, nor are responsible for the products, Services, and/or Events provided by Service Partners and we make no warranties or representations whatsoever for them. YOU WILL NOT CONSIDER USA SPORT GROUP, NOR WILL USA SPORT GROUP BE CONSTRUED AS PARTY TO SUCH TRANSACTIONS AND PURCHASES, WHETHER OR NOT USA SPORT GROUP MAY HAVE RECEIVED SOME FORM OF REVENUE OR OTHER REMUNERATION IN CONNECTION WITH YOUR TRANSACTION. UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF SUCH TRANSACTIONS.
You hereby agree to indemnify, defend and hold harmless USA Sport Group Companies its affiliates, officers, coaches, sponsors, supervisors and representatives against any claims, actions or damages, loss or expense (including court costs and reasonable attorney fees) of any kind of nature arising out of:
- the purchase of products, Events, and Services provided by Service Partners.
- the actions, product or content of information of all Service Partners and any other third-parties.
- use of your personal information by any Service Partner for which you purchased a product, Service or registered for an Event.
- disputes involving the use of Services, products, content or information provided by the Service Partner.
- Service Partners violation of applicable law, rule or regulation
Service Partners are responsible for providing and communicating its own refund and cancellation policies via USA Sport Group Sites or otherwise, including but not limited to weather-related cancelation for Events. Service Partners reserve the right to cancel a Program in the event of inclement weather (including but not limited to rain, electrical storms, heat waves, hurricanes, snow), accidents, acts of war or terrorism, or for any reason that may affect the safety of participants and/or spectators. In this event, there will be no refunds unless authorized by the Service Partner. All refund requests, inquiries and complaints should be sent directly to the Service Partner, USA Sport Group is not responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds with regards to an Event provided by the Service Partner. All third-party partner Programs are provided solely according to the warranty and other terms specified by the third-party partner organization ("Service Partner") who is solely responsible for the service and operations of the product, Service or Event, including but not limited to the truth or accuracy of any listings for the Service Partner or the Service Partners ability to perform, hold, or complete the transaction for the product, Event or Service purchased. For warranty assistance, you should contact the Service Partner directly. USA SPORT GROUPS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PARTNER PROGRAMS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE
If you believe there has been misconduct by Service Partner or any other third-party organization in connection with the USA Sports Group and its Sites, please notify us immediately, and at our sole discretion, we may investigate the claim and take appropriate action.
When you make a donation on the USA Sport Group Sites, we receive a fee for use of our technology without any additional charge to you. Donations collected by us will be sent to the designated charity at regular intervals (minus USA Sport Groups fee) in accordance with the contract and applicable law. Any requests for a refund should be exclusively and directly sent to and processed by the designated charity. USA Sport Group shall not be responsible or liable for processing any refunds for donations.
Discounts, Special Offers & Credit Vouchers
We reserve the right, at our sole discretion, to change, modify, add, delete portions or terminate any Promotions at any time without notice. Only one Promotion can be used towards any one transaction and no two Promotions can be combined. Promotions cannot be applied retrospectively to previous transactions or purchases.
Gold Club Membership
Gold Membership has zero cash value and cannot be refunded or credited in any way. The USA Sport Group Companies reserve the right to exclude certain products or services from the Gold Club discount program. Gold Club may not be combined with additional promotions or discount programs.
Gift Coupons and Promotional Codes
The USA Sport Group Companies will issue gift coupons and promotional codes for certain products, services or to specified Registered Users on either a dollar or percent value. Purchase of gift coupons mare governed by the terms set forth herein. We reserve the right to refuse all and any use of promotional codes for misuse. If you have received a gift coupon or promotional code, please note that Recreation Departments, Service Providers or other third-party organizations do not typically accept USA Sport Group discounts or promotions. Your gift coupon or promotional code can be used towards any applicable Event operated by USA Sport Group, which is eligible for registration via one of our Sites (not a Third-Party Registration System). No promotional codes cannot be combined nor can they be applied to discounted or pro-rated programs.
If your credit voucher was issued.....
- by USA Sport Group Companies it can be used on any product, Service or Event provided or operated by USA Sport Group, which is eligible for purchase via our online registration payment portal (not a Third-Party Registration System). Please note Recreation Departments, Service Providers or other third-party organizations do not typically accept USA Sport Group Credit Vouchers.
- directly from the Recreation Department, Service Partner or Third-Party Organization, we will assess the eligibility for use on our Sites on a case-by-case basis. There is no guarantee the USA Sport Group Companies can accept a credit voucher issued by a Recreation Department, Service Partner or Third-Party Organization.
USA Sport Group Sites provides links to third-party websites, where if clicked you will leave the Site. These links are provided for your convenience, you understand that these third-party Sites are not under the control of USA Sport Group and clicking these links is at your own risk. USA Sport Group disclaims all responsibility for the content, goods, data, advertising, products, services or other material provided through such sites, for your use of or inability to the such site, the privacy, practices and policies of such sites, the legality, and the decency or accuracy of any information on linked sites. You hereby completely and irrevocably release and discharge USA Sport Group from and waive any claim you might have again us with respect to such sites.
While you are a User of the Sites and/or Services, USA Sport Group and third-party Service Partners may send you marketing, informational and other types of emails. USA Sport Group makes no warranties nor has any liability with respect to the content any such emails, good or services which may be obtained from third-party Service Partners. You also agree not to forward or transmit any emails received by the above parties to any person who is not named as a participant within the original email.
Consent to Emails and Automated Texts
By registering as a User on USA Sport Group Websites, you represent to USA Sport Group that you are the owner of the email address, the mobile phone number, or that you have the legal authority to act on behalf of the owner, of that email address, mobile phone number, to consent to the receipt of emails or text messages from USA Sport Group and third-party Service Partners. You agree that USA Sport Groups may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree you are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
Liability & Waiver Release
YOU HEREBY WAIVE, RELEASE AND FOREVERMORE DISCHARGE USA SPORT GROUP COMPANIES AND ITS AFFILIATES, SHAREHOLDERS, PARTNERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, DIRECTORS, OFFICERS, COACHES, SUPERVISORS AND OTHER REPRESENTATIVES FOR ALL LIABILITIES, CLAIMS, ACTIONS, DIRECT, INDIRECT, ACCIDENTAL, SPECIAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO FOR LOSS OF USE, LOSS OF PROFIT, INCOME OR SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE OF SERVICE, OR ANY OTHER INTANGIBLE LOSSES OR DAMAGES), UNDER ANY CONTRACT, NEGLIGENCE, OR THEORY YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE, NEGLIGENCE (INCLUDING THE ACTION OR INACTION) OF THE ABOVE PARTIES, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND/OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU UNDERSTAND AND AGREE THAT USA SPORT GROUP COMPANIES ITS AFFILIATES, OFFICERS, COACHES, SPONSORS, PARTNERS, SUPERVISORS AND REPRESENTATIVES HOLD NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE FOLLOWING:
- YOUR USE OF OR INABILITY TO USE USA SPORT GROUP SITES OR SERVICES.
- YOURS AND/OR ANOTHER USERS VIOLATION OF THE TERMS SET FORTH IN THIS AGREEMENT.
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE USE OF THE USA SPORT GROUP WEBSITES.
- YOUR USE OF ANY TRAINING PROGRAM, CURRICULUM, SESSION PLAN OR OTHER RELATED PRODUCTS PURCHASED OR OBTAINED WITHOUT PAYMENT THROUGH THE USE OF THE SITE AND/OR SERVICES.
- YOUR PARTICIPATION IN ANY PROMOTION, PROGRAM OR SERVICE COORDINATED BY USA SPORT GROUP COMPANIES OR OPERATED BY A THIRD-PARTY PARTNER ORGANIZATION
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (INCLUDING THE ACTION OR INACTION) OF USA SPORT GROUP
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA AND/OR TRANSMISSIONS AND/OR ALL PERSONAL INFORMATION STORED IN YOUR USER ACCOUNT.
- THE STATEMENTS, CONDUCT OR PERSONAL PROPERTY OF ANY THIRD-PARTY PARTNER ORGANIZATION OR INDIVIDUAL ON THE USA SPORT GROUP WEBSITES
- ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, MALICIOUS CODE OR SCRIPT, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY A THIRD-PARTY.
- THE ACTIONS, PRODUCT OR CONTENT OF INFORMATION OF ALL SERVICE PARTNERS AND ANY OTHER THIRD-PARTY ORGANIZATIONS, INCLUDING LINKED SITES.
- FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY MATERIALS CONTAINED ON THE SITE, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITES.
- A SERVICE PARTNER OR OTHER THIRD-PARTY ORGANIZATION'S FAILURE TO HONOR YOUR REGISTRATION AND/OR PURCHASE.
- THE QUALITY, SAFETY, ACCURACY OR LEGALITY OF ANY EVENT OR ANY MATERIALS ASSOCIATED WITH THE EVENT
- THE TRUTH OR ACCURACY OF ANY INFORMATION, CONTENT OR EVENT LISTED ON THE SITES
- ALL OTHER MATTERS RELATING TO USA SPORT GROUP SITES OR SERVICES
YOU ACKNOWLEDGE AND AGREE THAT USA SPORT GROUP COMPANIES MAXIMUM LIABILITY TO YOU (FOR ANY REASON OR CAUSE) SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY USA SPORT GROUP FROM YOU OR $50 WHICHEVER IS GREATER.
Please note in entering into this Agreement your statutory rights as a consumer are not affected. It should not be interpreted as excluding USA Sport Group or any Third-Party Service Partner from liability arising from misconduct that is unlawful or of a criminal nature, including personal injury directly caused by gross negligence, fraud, and fraudulent misrepresentation. CERTAIN US STATE AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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 MAY HAVE ADDITIONAL RIGHTS.
You understand and agree the use of USA Sport Group Services are provided on an "as is" basis and your use of these Services is at your own risk. USA SPORT GROUP MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. USA Sport Group does not guarantee that the information provided on or connected to its Sites or Services will be accurate, complete or reliable. USA Sport Group is not responsible for any inaccuracies, errors or omissions, or for the results in using such information. USA SPORT GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, LEGAL, OR IMPLIED, IN RELATION TO THE SITE, THE MATERIALS, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
If you are currently engaged in rendering legal, medical, counseling, or other professional services or advice, before you attempt to use, access in the Sites and Service, USA Sport Group advises you to seek professional advice or care for a situation OR PROBLEM YOU MAY HAVE BEFORE ACCESSING THE REGARDING YOUR USE OF SUCH. YOU UNDERSTAND AND AGREE THAT SOME ACTIVITIES DESCRIBED ON THE SITES, INCLUDING BUT NOT LIMITED TO THOSE WITH TRAINING PROGRAMS, CURRICULUMS, SESSION PLANS OR OTHER RELATED PRODUCTS CAN CARRY INHERENT RISKS AND DANGERS AND PARTICIPATION IN SUCH ACTIVITIES MAY RESULT IN INJURY OR DEATH. YOU PARTICIPATE ALL DESCRIBED ACTIVITIES AT YOUR OWN RISK, USA SPORT GROUP DOES NOT CONDUCT ANY HEALTH OR FITNESS TESTS PRIOR TO PARTICIPATION IN ANY SUCH ACTIVITIES OR EVENTS AND ADVISES YOU CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING.
In most cases, the use of USA Sport Group Services requires access and use of the Sites which is dependent upon a telecommunications network or the internet, which may not be secure. You acknowledge and agree that you are responsible for obtaining access to USA Sport Group Sites and Services, for all equipment necessary for obtaining access, and for all charges associated, including but not limited to the internet service provider, telephone provider, computer hardware, and airtime charges.
USA SPORT GROUP MAKES NO WARRANTY THAT:
- THE SITES WILL MEET YOUR REQUIREMENTS
- ACCESS TO THE SITES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE
- DEFECTS ON THE SITE WILL BE CORRECTED
- THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THAT THE INFORMATION PROVIDED ON OR CONNECTED TO ITS SITES OR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE
- REGARDING THE QUALITY OF ANY SERVICES
- INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH THE SITES OR SERVICES OFFERED WILL MEET YOUR EXPECTATIONS
You KNOWINGLY AND WILLINGLY ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SITES, SERVICES AND ANY MATERIALS PROVIDED THROUGH THE SITE. As such you assume all risk and responsibility for any damage to your computer system or loss of data that results from the download of any materials provided or hyperlinked to through the Site.
Some content and Services on the USA Sport Group Sites is provided by third-party Service Partners, which are provided solely according to the warranty and other terms specified by the third-party partner organization ("Service Partner") who is solely responsible for the content, service, and operations of the Event or Service. We do not endorse, control, nor are responsible for any product, Service, or Event advertised or operated by a third-party organization through the Sites or any hyperlinked site, or featured in any banner or other advertising, and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. For warranty assistance, you should contact the third-party organization directly. USA SPORT GROUP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PARTNER PROGRAMS, OR SERVICE PROVIDED BY ANY SERVICE PARTNER OR THIRD-PARTY ORGANIZATIONS AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Violation of Terms & Applicable Law
You and USA Sport Group agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New Jersey applicable to contracts to be wholly performed therein, and any action based on, relating to the use of the USA Sport Group Sites on Services must be brought in a state or federal court in the State of New Jersey. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.
Ownership & Intellectual Property Rights
The information and materials provided on the Sites, including but not limited to the content, software, data, text, designs, graphics, images, photographs, illustrations, artwork, video clips, logos, icons, and links (collectively Materials) are protected by copyright and trademark laws, and are the property of the USA Sport Group Companies and/or its licensors. All Materials used on the Sites are you inform you about Events, products, and Services offered by USA Sport Group on the Site.
Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, photographs, graphical images, or trade-secrets, relating to the Materials of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with USA Sport Group. Any grants not expressly granted herein are reserved and shall remain always with USA Sport Group.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of USA Sport Group Companies and other affiliates and may not be used in connection with any products or services that are not related to, offered by, associated with, or sponsored by USA Sport Group, in any manner that may cause confusion with customers, or in any manner that disparages or discredits USA Sport Group. All Trademarks not owned by USA Sport Group that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission of USA Sport Group, USA Sport Groups licensors or suppliers, or the third-party owner of such Trademarks. Misuse of Trademarks displayed on the Sites is strictly prohibited, and USA Sport Group will aggressively enforce its intellectual property and Trademark rights to the fullest extent of the law, including via civil and criminal proceedings.
Furthermore, you acknowledge and agree that you will not interfere with USA Sport Groups rights in and to the Trademarks, including without limitation challenging USA Sport Groups use, registration of, application to register such Trademarks, alone or in combination with others, anywhere in the world, and you will not harm, misuse or bring into disrepute any USA Sport Groups Trademarks.
Any waiver of these Terms must be in writing and signed by the USA Sport Group to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms represent the entire understanding and agreement between you and USA Sport Group relating to use of this website, and supersede any and all prior statements, understandings, and agreements whether written or oral between you and USA Sport Group relating to use of the Sites, and shall not be modified except in writing, signed by you and USA Sport Group.
Force Majeure - USA Sport Group is not responsible or liable for any delays or failures to perform Services due to causes beyond reasonable control, including but not limited to natural catastrophes (fire, flood, hurricane, typhoon, earthquake, lightning), acts of God, war, civil unrest, explosions, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, computer, internet and telecommunication service providers failures or delays involving hardware, software or power systems, malicious code, and acts of state or government action prohibiting or impeding any party from performing its respective obligations under the contract. In any event, USA Sport Group will resume Services as soon as reasonably possible.
You understand and agree that this Agreement is intended to be as broad and as inclusive as permissible by law. If the scope of any of the provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
Phone: 732 563 2520
Address: USG Customer Care, USA Sport Group, 4 Somerset St, Whitehouse St, NJ 08889