Boston Volleyball
Association
Terms Of Use
When using
Boston Volleyball Association ("BVA") services ("services"), you agree
to the terms and conditions listed on this page (the "Terms of Use").
If you order
or use any BVA services or visit our Website, you accept these Terms of
Use so please read them carefully. In addition, when you use any current
or future BVA services whether or not included in our Website, you will
also be subject to our current Terms of Use.
Privacy
To understand our practices, please review our privacy policy that also
governs your visit to our Website and use of our services. A complete
statement of our privacy policy can be found at http://www.bostonvolleyball.com/bvaprivacypolicy.html.
Ownership
All rights that are not granted to you are reserved by BVA. The services,
our technology, and any updates or improvements to the services and our
technology, are owned by BVA and its licensors. BVA and our licensors
own all copyrights, patents, trademarks, trade secrets, and other intellectual
property rights relating to or residing in our services. You understand
that our services and technology contain valuable software and confidential
information and you agree that you will not modify, reverse engineer,
decompile, create other works from, or disassemble any of our software
without our prior written consent.
Trademarks
The Boston Volleyball Association, BVA and our graphics, logos, page headers,
button icons, scripts, and service names are trademarks or trade dress
of the BVA. BVA trademarks and trade dress may not be used in connection
with any product or service that is not provided or authorized in writing
by BVA, or in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits BVA. All other trademarks
not owned by BVA that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored
by BVA.
Your Account
You are responsible for maintaining the confidentiality of your account
number, password, and all personal account information not for public
knowledge, and for restricting access to your account number and password.
You agree to accept responsibility and liability for all activities that
occur under your account or password whether lawful or unlawful. You are
also solely responsible for all uses of your account and password, whether
or not actually or expressly authorized by you. We do not sell products
or services for children. If you are under 18, you may use our services
only with involvement of a parent or guardian. We reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in our sole discretion. Violation of Terms of Use may result in
immediate deletion of your account.
In order
to ensure that we are able to provide high quality services that are responsive
to your needs, you agree to allow our employees to access your account
and records on a case-by-case basis to investigate complaints. We will
not disclose the existence or occurrence of such an investigation unless
required by law.
Communication
and Content
You are responsible for the content of the messages, documents, or any
collaboration that you communicate or transfer to our servers when using
our services as well as the consequences of those messages, documents
or collaborative efforts. You agree that you will not use our services
to engage in activities that are illegal, obscene, threatening, defamatory,
invade privacy, infringe intellectual property rights, or otherwise injure
third parties or are objectionable. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead us as to your identity.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. BVA
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BVA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE,
SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
NEITHER
OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION
ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING
OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING,
INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. BVA TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES
RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY
AMOUNTS ACTUALLY REALIZED BY BVA (LESS ANY PAYMENTS TO YOU) DURING THE
TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless BVA, its affiliates,
officers, directors, employees, consultants and agents from any and all
third party claims, liability, damages and/or costs (including, but not
limited to, attorneys fees) arising from your use of our services, your
violation of the Terms of Use or your infringement, or infringement by
any other user of your account, of any intellectual property or other
right of any person or entity. The Terms of Use will inure to the benefit
of BVA' successors, assigns and licensees.
Publicity
and Press Release
With your prior review and approval, we may issue a press release announcing
your use of the Service. We may use your name or logo on our Site or in
collateral marketing materials relating to the services.
Applicable
Law
These Terms of Use will be governed by and construed in accordance with
the laws of the State of Massachusetts, without giving effect to its conflict
of laws or your actual state or country of residence.
Modification
and Severability
We reserve the right to make changes to our site and policies at any time.
If any of these conditions are deemed invalid, void, or for any reason
unenforceable, that condition well be deemed severable and will not affect
the validity and enforceability of any remaining condition. |