Last updated: August 2, 2006
1. ACCEPTANCE OF TERMS.
2. REGISTERING WITH THE SITE; ACCESS AND AUTHORITY TO USE MEMBER AREAS.
Registering with the Site. The Organization welcomes anyone to check out the Site, and to sign up to receive news about the Organization, offers and other information that may interest you from time to time. But in order to sign up a child for a sports program or to transact any business with Organization through the Site, you must register with the Site and create an account and password.
Account, Username and Password. If you register to become a Member of the Site, you will be asked to select a username and password. You are responsible for the confidentiality and use of your username and password and agree not to transfer your account to another party. If you become aware that your account is no longer secure, please notify us and change your password. You agree that you will (1) log out and close down access to Member Areas at the end of each Site session; and (2) immediately notify the Organization of your loss, or any unauthorized use of, your username and/or password or account, or any other breach of security. You have the option to change your password as often as you wish by creating a new password. It is recommended that you change your password at least once every 60 days.
You agree (a) to use your username, password and access to the Member Areas only to conduct business on behalf of you, your child or the organization you represent, as applicable; (b) to provide and maintain accurate, current and complete information about yourself; and (c) not to select a username that impersonates someone else or otherwise violates someone else’s rights.
Administrator Responsibilities. Organization has designated or will designate at least one authorized employee, volunteer or independent contractor to serve as its administrator for purposes of overseeing access of Organization’s employees and other authorized representatives to the Site (“Administrator”). Administrator will have access to the complete range of features, services and information available through the Member Areas of the Site. Administrator will determine which features and services each Member may access by selecting and assigning an access level permission to each Member based on each such Member’s need and appropriateness to access specific Site features, services or information. Each Administrator is responsible for overseeing and monitoring access by its organization’s Members to Member Areas. If you are an Administrator, you must deactivate Member accounts when Members no longer require access to the Site for any reason. If you have reason to believe that a password is being misused by a Member or used by an unauthorized person, you must deactivate the account, and notify us at support@OasysSports.com. Administrator(s), and the respective organizations they represent, as applicable, are solely responsible for the conduct of the individuals they authorize to access the Site on behalf of their organization.
3. LICENSE; LIMITATIONS.
The trademarks, service marks, logos and trade names displayed on the Site (collectively the “Marks”) are the registered and unregistered trademarks of Organization, Organization’s licensors and suppliers, and others. All Marks on the Site not owned by Organization are the property of their respective owners. The Marks owned by Organization, whether registered or unregistered, may not be used in connection with any product or service that is not Organization’s.
5. INFORMATION AVAILABLE ON OR THROUGH THE SITE. Some information made available on or through the Site is provided by third parties (“Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Organization. Organization is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
6. LINKS. The Site provides links to other websites and resources. Because Organization has no control over these sites and resources, you acknowledge and agree that Organization does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Organization is providing these links to you only as a convenience. Organization has the right (but no obligation) to block links from or to the Site at any time.
7. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Organization infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Organization.
10. JURISDICTIONAL ISSUES. The Site is controlled and operated by Organization from its principal location found under Contact Us on the Site, and is not intended to subject Organization to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Site do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.
13. LIMITATION OF LIABILITY. A COVERED PARTY (AS DEFINED BELOW) WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (1) ANY ERRORS OR OMISSIONS IN, OR THE CONTENT OF, THE SITE; (2) THE UNAVAILABILITY OF THE SITE, OR ANY FEATURES THEREOF; (3) ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA IN CONNECTION WITH THE USE OF THE SITE OR RELATED MATERIALS; (4) ANY UNAUTHORIZED TRANSACTION OR MISUSE OF THE SITE, RELATED MATERIALS OR YOUR DATA BY AN EMPLOYEE OR ANY OTHER PARTY; AND/OR (5) ANY LOSS OR MISUSE OF A USERNAME OR PASSWORD.
“COVERED PARTY” MEANS (1) ORGANIZATION, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, REPRESENTATIVE, SUCCESSOR OR ASSIGN OF ORGANIZATION OR ITS AFFILIATES; AND (2) EACH THIRD-PARTY SUPPLIER OF MATERIALS, THEIR AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, REPRESENTATIVE, SUCCESSOR OR ASSIGN OF ANY THIRD-PARTY SUPPLIER OF MATERIALS OR ANY OF THEIR AFFILIATES.
SUBJECT TO THE MORE SPECIFIC DISCLAIMERS OF ALL LIABILITY SET FORTH ABOVE, A COVERED PARTY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE, RELATED, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.
15. LEGAL NOTICES UNDER CALIFORNIA LAW. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information. Current fees for our services may be obtained by contacting Organization. Organization reserves the right to change its fees or to institute new fees at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916-445-1254 or 800-952-5210.