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AthleticLink.com Terms and Conditions of UseWelcome to AthleticLink.com! AthleticLink.com ("Site" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions. Attention: This Site and these Terms and Conditions may be changed by AthleticLink.com with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change. Terms and Conditions Use of Materials The use of Site's Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. You may use, view, print and/or download one copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Beyond Boundaries, Inc. Privacy Policy Children's Privacy Statement for AthleticLink.com User Submissions and Conduct When you post a listing, upload a file or otherwise provide us with material for display on the web site, you are granting AthleticLink.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Any hyperlinks contained in a posting submitted by a user will be disabled when posted on the Site. You must not, and by using this web site you agree not to:
(1) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to
another user or any other person or entity; User Information To use certain features of the Site, you must register with AthleticLink.com and create a username and password through the Site's registration process. You agree (a) to provide true, accurate, current and complete information about yourself, and (b) to maintain and promptly update the information you provide. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or AthleticLink.com has reasonable grounds to believe you have provided untrue or inaccurate information or not current or incomplete information, AthleticLink.com has the right to suspend or terminate your access through your username and password. In order to use the Site's services you will be required to provide a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by AthleticLink.com or by third parties. Please see our Privacy Policy for further details regarding your account information. Except for any disclosure by you for technical support purposes or as specified in our Privacy Policy, all communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to AthleticLink.com will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such feedback in any form, medium or technology known now or developed later, and for any purpose, commercial or otherwise, without compensation. Termination and Agreement Components You will not misuse or share your username/password for AthleticLink.com. If you are in violation of your obligations under the Terms and Conditions, you may be subject to prosecution. Linking You may provide links only to the homepage of AthleticLink.com, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the Site or the advertisements, the copyright notice, or other notices on this site, (b) you give AthleticLink.com notice of such link by sending an e-mail to webmaster@AthleticLink.com, and (c) you discontinue providing hot links to AthleticLink.com if notified by the Company or Beyond Boundaries, Inc. AthleticLink.com disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site. Copyright and Trademark Notice Copyright © 2001 AthleticLink.com. All rights reserved. Limitation of Liability The Site's content may contain inaccuracies, out-of-date information or typographical errors. AthleticLink.com makes no representations about the accuracy, reliability, completeness or timeliness of the posted information. The use of the Site and its content is at your own risk. Changes are periodically made to the Site and may be made at any time. AthleticLink.com makes no commitment and expressly disclaims any duty to update any of the posted content on this Site. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job, open date, camp, clinic/seminar/convention/workshop, consultant listings or material contained therein placed by you on the Site. Individuals are solely responsible for their postings on AthleticLink.com. AthleticLink.com is not to be considered to be an employer or agent with respect to your use of the web site and the Company shall not be responsible for any decisions, for whatever reason, made by any entity using the Site. AthleticLink.com does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. Disclaimer of Warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATHLETICLINK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATHLETICLINK.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO INFORMATION OBTAINED BY YOU FROM ATHLETICLINK.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATHLETICLINK.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATHLETICLINK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERD INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES THAT "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." IF YOU ARE DISSATISFIED WITH ANY ATHLETICLINK.COM MATERIALS, PRODUCTS OR SERVICES OR WITH ANY OF ATHLETICLINK.COM'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ATHLETICLINK.COM. Indemnification Applicable Laws If any provision of these Terms and Conditions are 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 these Terms and Conditions, which shall remain in full force and effect. The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside or access this site. General If you have any questions regarding the Terms and Conditions for this web site, please contact AthleticLink.com at webmaster@AthleticLink.com. |
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