SPORTS SYSTEMS INC. (“Sports Systems”, or the “Company”) and its websites, www.TennisDirector.com, www.TennisDirector.net, www.TennisDirector.org (“TennisDirector”, the “Site” or the “Website”) provides its products and services to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products through the Site, you agree to be bound by these Terms and Conditions (all policies and guidelines of the Website are incorporated by reference) which are set forth below. Any person who wants to use the Site to process reservations and collect dues (the "Tennis Facility"), or any party that wants to serve as a tennis pro, tennis partner, tennis camp or tennis tournament must accept these Terms and Conditions without change.
Where appropriate, TennisDirector.com website is referred to below as "TennisDirector". The term “you” refers to the user, subscriber or viewer of our website.
PERMISSIBLE USE OF WEBSITE
You agree that:
(a) Your use of the TennisDirector website is subject to and governed by these terms and conditions;
(b) Only persons at least 18 years of age (or minors with their parents' consent) may access or use TennisDirector and transact business with TennisDirector;
(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on TennisDirector each time you access and use the TennisDirector website;
(d) Each visit to TennisDirector by you indicates and confirms your assent to and agreement to be bound by our terms and conditions; and
(e) These terms and conditions are a legally binding and enforceable agreement between yourself and Sports Systems.
You agree not to use or attempt to use TennisDirector for any purpose that:
(a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive to Sports Systems or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with Sports Systems’s network services;
(e) attempts to gain unauthorized access to Sports Systems’s network services or proprietary information;
(f) impairs or limits Sports Systems’s ability to operate the TennisDirector website or any other person’s ability to access and use TennisDirector;
(g) uses any methods, means, or devices to access TennisDirector or cause access to TennisDirector for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with TennisDirector;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of Sports Systems or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
Sports Systems reserves the right to establish general practices and limits concerning use of the Website via different subscription plans and tiers of service, as set forth in our Subscription Services Page, including without limitation restrictions relating to property and items that may be submitted for sale, or other uploaded Content, the maximum size of any message that may be sent from or received by an account on the Website, the type and quantity of transactional data stored and presented in connection with your account, and the maximum disk space that will be allotted on Sports Systems’s servers on your behalf. You agree that Sports Systems has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Website.
REVOCATION OF USE RIGHTS
Sports Systems reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of the TennisDirector website. You may not use TennisDirector or any affiliated Website to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of TennisDirector.com or any affiliated Website. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your subscription, cancellation of your listings, limits on account privileges, and forfeiture of fees paid to Sports Systems, its agents or affiliates.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use TennisDirector.
The usage of the site to accept and process reservations is limited to Tennis Facilities containing tennis infrastructures in good enough conditions to service tennis players. Sports Systems reserves the right to accept or reject any Tennis Facility application based on market standing, performance or reputation. Sports Systems reserves the right to cancel the usage of the Site to any tennis facilities that cease meeting the requirements, guidelines and policies established on the Website.
TENNIS FACILITIES FEES AND PAYMENT TERMS
Guidelines for Tennis Facility Fees and Payment Terms are contained in the Tennis Facility Policies section. All fees are in U.S. dollars unless stated otherwise and are incorporated herein by reference. The Tennis Facility Fees and Payment Terms may vary in the future. The Tennis Facility Fees and Payment Terms in effect on the taking reservations shall govern the transaction. You should check the fees and terms each time you participate. All Tennis Facility Fees are payable upon demand by check, credit or debit card or PayPal. By accepting tennis services reservations on the Website, you authorize Sports Systems to charge your credit card or PayPal account for amounts due.
TENNIS FACILITIES POLICIES AND GUIDELINES
The Tennis Facility agrees to abide by the guidelines contained in the Tennis Facility Policies section which are incorporated by reference into, and made part of, these Terms and Conditions. The procedures and guidelines contained in the Tennis Facility Policies section explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to the Tennis Facility.
SPORTS SYSTEMS RESPONSIBILITY REGARDING TENNIS FACILITIES
Sports Systems provides an Internet platform for tennis facilities and tennis players for the performance of tennis services. Sports Systems is not involved in the actual services that occur between Tennis Facilities and players and is not the agent of and has no authority for either for any purpose. As a Tennis Facility, you may sell services on the Website unless it is not a service defined in the procedures and guidelines contained in the Tennis Facility Policies section, or otherwise prohibited by law. Without limitation, you may not list or quote any service that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is fraudulent. It is up to the Tennis Facility to accurately describe the services being listed or quoted. As a Tennis Facility, you use the Website at your own risk.
SPORTS SYSTEMS WEBSITE RIGHTS
Sports Systems retains the right to determine the content, appearance, design, functionality and all other aspects of the Website (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Website and any element, aspect, portion or feature thereof, from time to time), and to require Tennis Facility not to list, any or all services in our sole discretion. You will stop and/or cancel services offered on the site if we ask you to do so. You will refund any player (in accordance with this Tennis Facility's Agreement) that has been charged for a service that we stop or cancel.
TENNIS FACILITY'S OBLIGATIONS
For all reservations accepted, the Tennis Facility is obligated to sell the services at the listed or quoted price to Players who meet the Tennis Facility's terms. By listing or quoting services fixed prices, you represent and warrant to prospective customers that you have the right and ability to provide the service, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.By entering into this Tennis Facility's Agreement and posting a service for fixed price sale, you agree to complete the transaction as described by this Tennis Facility's Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
It is the Tennis Facility's responsibility to determine whether Tennis Facility Taxes apply to the transactions and to collect, report, and remit the correct Tennis Facility Taxes to the appropriate tax authority. You also agree that Sports Systems is not obligated to determine whether Tennis Facility Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Tennis Facility Taxes" means any and all sales, goods and services, use, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of services by you on or through the Website, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
TENNISDIRECTOR AS A PLATFORM
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the TennisDirector website or any affiliated Website, including, but not limited to, Sports Systems’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of Sports Systems (the “Marks”). You agree not to use or otherwise appropriate any of Sports Systems’s Marks appearing on or in association with TennisDirector or any affiliated Website. You will further indemnify Sports Systems against any loss or damage accruing to it as a result of your unauthorized use of the Sports Systems Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on TennisDirector are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with TennisDirector, and you assume any and all liability associated with any unauthorized use. You will further indemnify Sports Systems against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of TennisDirector (the “Website Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the Website Content are owned by Sports Systems, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Website Content.
You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from TennisDirector, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from TennisDirector, for any purpose; further meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from TennisDirector:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as TennisDirector or controls the content of any other Internet browser window.
Sports Systems is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on TennisDirector infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on TennisDirector infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
Sports Systems Inc.Attn: DMCA Manager780 81st street, Suite 8 Miami Beach, FL 33141
THIRD PARTY PRODUCTS
TennisDirector connects its users with unaffiliated third parties that offer tennis related products and services (the “Products and Services”). By using this service and submitting a registration form, you represent and warrant that you agree to be contacted by these unaffiliated third parties for the purpose of obtaining more information regarding the possibility of purchasing these Products and Services. By uploading your registration submission, you hereby grant Sports Systems and its affiliates and assigns the right to contact you regarding these Products and Services.
TennisDirector is merely a platform to connect its users, and therefore does not verify the accuracy or veracity of any listing or service provider. You are strongly urged to conduct your own due diligence upon making any offers, accepting offers or contracting any services.
LIMITATION OF LIABILITY
Any communications or interactions between yourself and with third parties, professionals, Tennis Facilities, tennis partners and/or advertisers or otherwise on or through the TennisDirector Website, including payment for and delivery of related property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that Sports Systems is not responsible for the acts or omissions of its unaffiliated third parties or its members and shall bear no responsibility (financial, criminal, civil or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or any Product or Service or otherwise. Furthermore, Sports Systems shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties, professionals, Tennis Facilities, tennis partners and/or advertisers or otherwise on the TennisDirector Website.
In the event that you have a problem or issue with a third party or incur damage as a result of third party action or inaction for any reason, you must contact the third party directly to resolve such issue. In the event that your personal data is misused by any third party, Sports Systems shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party affiliate which may receive your contact information. In the event of a dispute between yourself and one or more users/subscribers of the Website, you hereby release Sports Systems (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Sports Systems does not assume responsibility to verify the age of individuals submitting registration forms. However, Sports Systems reserves the right to request supporting information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time this Site may include links to third party websites. These links are provided for your convenience to offer you further information on Products and Services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site, Sports Systems does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link or may put you in contact with. By using this Site you acknowledge and agree that Sports Systems will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Products and Services, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. Sports Systems reserves the exclusive right to change pricing, at anytime, with prior notice. These Terms and Conditions were last revised on September 1st, 2013.
You understand and acknowledge that Sports Systems controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. Additionally, in order to receive information from third parties regarding the Products and Services, you will be required to complete the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Sports Systems immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and TennisDirector, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third parties regarding the Products and Services. If you choose not to provide such required information, we may not be able to connect you with third parties who are capable of fulfilling your order or providing you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to support@TennisDirector.com.
COPPA. Our Site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Sports Systems and/or its Site. You agree to indemnify Sports Systems and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
You hereby agree to defend, indemnify and hold harmless Sports Systems and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; or (ii) your own website or other sales channels, the services or products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any services or products you sell or content you provide, or Tennis Facility Taxes or the collection, payment or failure to collect or pay Tennis Facility Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity. Sports Systems will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the Tennis Facility's Agreement, the site, the services, the inability to use the services, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services.
If you wish to purchase any Products or Services through unaffiliated third parties, you will be purchasing such Product or Service directly through such third party and not through TennisDirector, and must contact such third party with any issue, question, rebate, refund, customer service or inquiry. TennisDirector connects you with a third party offering the Product or Service that you require, but in no way services or handles your transaction.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. The third party offering the Product or Service reserves the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service, to impose conditions on any coupon or promotional code and to refuse any order in their sole discretion. If your product from such third party arrives damaged or defective, you must contact the third party provider to inquire into their refund or exchange policy. Sports Systems is in no way responsible for the quality or condition of the Product or Service that you purchase through such unaffiliated third party. For more information regarding a return policy, contact your Product or Service Provider at the number they furnished at the time of purchase.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SORTS SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. SPORTS SYSTEMS HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT SPORTS SYSTEMS IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, SPORTS SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTS SYSTEMS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT SPORTS SYSTEMS, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
SPORTS SYSTEMS NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL TSPORTS SYSTEMS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT SPORTS SYSTEMS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL SPORTS SYSTEMS'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Site, instant messenger chat or via e-mail, do not use the Site, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Site, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Site, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to Sports Systems. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Sports Systems, you may opt-out by sending an e-mail to support@TennisDirector.com
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
You acknowledge that certain features of this Site, as well other products and services of Sports Systems, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Sports Systems through the Site or otherwise, you are making an inquiry as to Products and Services offered by Sports Systems or any of its unaffiliated third parties, and give Sports Systems and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the TennisDirector Site or otherwise, Sports Systems may send your information to third party affiliates. Sports Systems may receive a fee from its third party affiliates for connecting you to parties that may be able to offer you Products or Services that you request. If you do not want your information shared with Sports Systems’s affiliates, you should send an opt-out e-mail to support@TennisDirector.com.
Reasonable Efforts: Sports Systems is not responsible for delays resulting from third parties.
Sports Systems is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from these Terms and Conditions is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions.
Sports Systems will not be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by TennisDirect. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Sports Systems's failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Sports Systems's right to subsequently enforce such provision or any other provisions of these Terms and Conditions and all policies incorporated herein.
Because Sports Systems is not the agent of either Tennis Facility or Player for any purpose, Sports Systems will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Sports Systems urges tennis facilities and players to cooperate with each other to resolve such disputes.
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.
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