If you do not accept the terms stated here, do not use the Website. This Agreement contains the complete terms that apply to your use and participation, and by using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time by posting the modified Agreement on the Website, or by otherwise notifying you of such change. Use of the Website after such changes are posted constitutes acceptance of all changes. If you find changes in these terms that are unacceptable, you should discontinue your use of the Website. Your right to use the Website will terminate immediately, without any further action by Startup Athletics, if you breach any terms of this Agreement.
Section 1. General Terms - Content and Communications
(a) The Website’s mission is to provide a database dedicated entirely to helping the youth lacrosse community locate programs on a local, regional and national scale; however, there may be content provided or generated by third parties that is intentionally or accidentally incorrect. The Website may contain inaccuracies or typographical errors.
(b) The use, posting, distribution, or publication of any content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Startup Athletics nor an assurance of legality, quality or safety by Startup Athletics. ANY CONTACTS YOU MAKE WITH ANOTHER PERSON OR ENTITY, OR DECISIONS YOU MAKE FACILITATED THROUGH THE WEBSITE ARE STRICTLY ON YOUR OWN. YOU MUST DO YOUR OWN DUE DILIGENCE AND USE YOUR BEST JUDGMENT.
(c) Each user is solely responsible for the communications medium that such user uses in community interactions. Startup Athletics reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen. Minors may not use this site without actual parental supervision.
(d) Startup Athletics is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that we have the right to monitor the Website electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect us or our users.
(e) If Startup Athletics is notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the content or termination of use of the Website. Startup Athletics has no liability or responsibility to users for performance or nonperformance of such activities. If a user views content or receives communications allegedly inconsistent with this Agreement, the user may send an e-mail to email@example.com stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by Startup Athletics in our sole discretion. All decisions made by Startup Athletics are final and do not imply nor impose any responsibility or liability on us for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
(f) Startup Athletics may monitor use of this Website at any and all times to determine compliance with this Agreement. Please also note that if we determine you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we may terminate or suspend your access to the Website and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Additionally, users who violate this Agreement may incur criminal and/or civil liability.
Section 2. Copyright and Other Restrictions On Use of the Website and Website Content
(a) Startup Athletics authorizes you to view and download a single copy of content on the Website, including content provided by RSS feed, Atom feed or other web feed, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations. Except as specifically authorized by Startup Athletics, Users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website or the Material (as defined below). Further, you may not (i) link to this Website, including linking to the home page or any other page on the Website, without our express permission, (ii) frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout), (iii) attempt to circumvent the security systems of the Website in any way, (iv) attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Startup Athletics server, (v) attempt to use the Website for any purposes other than those intended by Startup Athletics, as determined by Startup Athletics in our sole discretion, (vi) upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment, (vii) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website, or (viii) impersonate any person or entity.
(b) The contents of the Website, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed or other web feed or other content or software used in or provided through the Website (the “Material”), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, trade secret or other laws. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by Startup Athletics. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of Startup Athletics, is prohibited.
(c) Startup Athletics’ logo may not be used by any user without the express prior written consent of Startup Athletics.
Section 3. Disclaimer of Liability
(a) Startup Athletics does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website or the Material results in the need for servicing or replacing your equipment or data, Startup Athletics is not responsible or liable for those costs. Startup Athletics does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of Startup Athletics’ reasonable control may interfere with operation of the Website. The Website may contain links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by Startup Athletics of the content on such third party Websites. Startup Athletics is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk.
(b) The Website and the Material are provided on an ‘as is’ basis without any warranties of any kind. To the fullest extent permitted by law, Startup Athletics disclaims all warranties, including the warranty of merchantability, non- infringement of third party rights, and the warranty of fitness for a particular purpose. Startup Athletics makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Material, content, services and links. Use of the Website is at your own risk.
Section 4. Limitation of Liability
(a) In no event shall Startup Athletics, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Startup Athletics or such other parties are advised of the possibility of such damages. In no event shall Startup Athletics or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one hundred dollars ($100.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
(b) Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Section 5. Indemnity and Release
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold Startup Athletics, and our officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
(b) If you have a dispute involving the Website with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Section 6. User Information and Privacy
Section 7. Infringement Notice
It is Startup Athletics’ policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the Website: firstname.lastname@example.org
To be effective under the DMCA, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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
6. 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.
Section 8. General
Nothing herein shall be construed to limit the right of Startup Athletics to warn, suspend or terminate access to the Website of any user who breaches this Agreement or provides inadequate authentication of identity, or if Startup Athletics in our sole discretion, determines that the user’s activities pose a possible legal or business risk to anyone, including Startup Athletics. Startup Athletics may discontinue or change the Website at any time. This Agreement is personal to you and may not be assigned without the prior written consent of Startup Athletics. Startup Athletics makes no claims that any of the Material is appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons, or in certain countries. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Each party shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information it obtains or acquires in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the [State of New York], without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in [Syracuse, New York] where Startup Athletics has our principal place of business. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular legal notice, written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Startup Athletics with respect to the use of the Website.
Section 9. Questions