Effective Date: October, 15th 2015
If you are a swim team and have purchased TeamUnify's SwimOffice™ suite of products and services (or any combination of such products and services, including TeamUnify's MainSet™ workout management, OnDeck® mobile solutions software, TouchPad® meet management software, TouchPad Live™ meet results platform, TUMoney™ fundraising tools, and/or TULessons™ swim lesson management tool, these Terms apply to your use of the SwimOffice products to which you have subscribed. These Terms are incorporated into your Master Club Annual Subscription Agreement with TeamUnify. In these Terms, TeamUnify's SwimOffice suite of products and services, as well as each individual product and service, are referred to as and included in the references to the "TeamUnify Website." TeamUnify's SwimOffice suite of products and services, as well as each individual product and service, may also be referred to collectively as the "Services."
The term "you," as used in these Terms, refers both to individuals using the TeamUnify Website and/or Swim Team Websites, and to swim teams who have subscribed to the Services.
By accessing, browsing, and otherwise using TeamUnify's Website and/or any Swim Team Website, you consent and agree to these Terms, to the information practices disclosed in our Privacy Statement, to our product Purchase and Returns Policy, and to our infringement policy disclosed in our Digital Millennium Copyright Act Policy. If you have subscribed to the Services, additional terms apply to your use of our Services. When you subscribe to our Services, depending on the type of Services you select, you will be informed of and required to agree to a Master Club Annual Subscription Agreement, as well as these Terms and the policies listed above, before you are allowed to subscribe to and use such Services. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Services, the TeamUnify Website, any Swim Team Website, and/or any TeamUnify Content or other information or materials appearing on such websites.
In the event of a conflict between these Terms, our Privacy Statement, our Purchase and Returns Policy, and our Digital Millennium Copyright Act Policy, on the one hand, and any current signed Master Club Annual Subscription Agreement you may have with TeamUnify, on the other hand, the provisions of such Master Club Annual Subscription Agreement will prevail.
2. Modification of Terms
TeamUnify may modify and update these Terms from time to time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure that you are aware of any changes. You can determine if these Terms have been revised since your last visit by referring to the effective date at the top of these Terms. We will also notify you of any new or revised Terms by posting a notice on the TeamUnify Website and applicable Swim Team Websites. If changes are significant, we will also notify you of such changes either (a) via the contact information you have provided to us, if any; or (b) by requiring that you agree to the revised Terms the next time you log in to use the Services or any Swim Team Website if you have an account for the same. Your access to or use of this TeamUnify Website and/or any Swim Team Website following such revision constitutes your acceptance of these Terms as revised, and the revisions will apply to your access to and use of the TeamUnify Website and any Swim Team Website on and after the date on which we post the revised Terms on the TeamUnify Website and Swim Team Websites. We will keep prior versions of these Terms in an archive for your review upon request.
The TeamUnify Website and Swim Team Websites are controlled and operated from the United States, and are not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The TeamUnify Website and Swim Team Websites may not be appropriate for use in some jurisdictions outside of the United States, and use of the TeamUnify Website and Swim Team Websites is not authorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the TeamUnify Website and/or Swim Team Websites, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the TeamUnify Website and Swim Team Websites. We may limit the TeamUnify Website's and/or Swim Team Websites' availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
4. Electronic Communications
When you visit the TeamUnify Website and/or any Swim Team Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the TeamUnify Website and/or Swim Team Websites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. User Permissions and Obligations
a. Right to Use the TeamUnify Website, Swim Team Websites, and TeamUnify Content.
TeamUnify grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited license to access and use the TeamUnify Website and Swim Team Websites, and to download and print limited copies of TeamUnify Content (defined as all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other material or information displayed or accessible on the TeamUnify Website and Swim Team Websites) solely: (a) for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices therefrom; and/or (b) as expressly permitted under any signed, written agreement currently in effect between you and TeamUnify. Any other copying, use, distribution, display, transfer, or modification of the TeamUnify Website, Swim Team Websites, TeamUnify Content, or any other property of TeamUnify (or creation of derivative works based on the TeamUnify Website, Swim Team Websites, TeamUnify Content, or other property of TeamUnify), whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of TeamUnify. You acknowledge that the unauthorized use of the TeamUnify Website, Swim Team Websites, TeamUnify Content, or other property of TeamUnify could cause irreparable harm to us and/or our suppliers, licensors, and/or customers, and that in the event of an unauthorized use, we will be entitled to any and all remedies at law or in equity, including without limitation injunctive relief, without the necessity of proving monetary damages or posting a bond or other security.
b. User Accounts.
In order to use the Services and certain features of the TeamUnify Website and Swim Team Websites, you will need to register to create an account. When registering, you agree to provide current, complete, and accurate information, as prompted by the registration page. You also agree to update your information if any information changes. As part of the registration process, you will create a username and password or be given a username and password from your swim team administrator. We may require from time to time that you change your username and/or password. Your username and password are for your personal use only and should be kept confidential. You will be responsible for all usage of your username and password and activity that occurs under your username and password, and you agree to promptly notify us of any unauthorized use of your username and password and/or your account on the TeamUnify Website or any Swim Team Websites. TeamUnify will not be held responsible or liable for any losses, damages, or liabilities that you may incur as a result of someone else using your username and password, either with or without your knowledge. You may be held liable for losses, damages, or liabilities incurred by TeamUnify due to someone else using your username and password, either with or without your knowledge.
c. Technical Requirements.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the TeamUnify Website and Swim Team Websites, including all related expenses, if any.
d. Conduct on the Site.
You agree not to:
- Use the TeamUnify Website, Swim Team Websites, or TeamUnify Content in any manner that may adversely affect TeamUnify's resources or the availability of the TeamUnify Website or Swim Team Websites to others;
- Use the TeamUnify Website, Swim Team Websites, or TeamUnify Content in any manner that may violate any local, state, national, or international law, or in any fraudulent manner;
- Delete or revise any content (including without limitation TeamUnify Content) on the TeamUnify Website or any Swim Team Websites, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with or create derivative works from or of any portion of the TeamUnify Website or any Swim Team Websites;
- Remove any copyright, trademark, or other proprietary rights notice from the TeamUnify Website or any Swim Team Websites or any TeamUnify Content;
- Create a database by downloading and saving content (including without limitation TeamUnify Content) from the TeamUnify Website or any Swim Team Websites;
- Transmit, disclose, collect, or store personal information about others;
- Submit or post any material or information that is illegal, obscene, threatening, harassing, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of "spam;"
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit or post;
- Attempt to gain unauthorized access to the TeamUnify Website, any Swim Team Websites, or accounts other than your own. You may not obtain or attempt to obtain any TeamUnify Content or other material or information through any means not intentionally made available to you through the TeamUnify Website or any Swim Team Websites. You may not attempt to defeat any security measures that we take to protect the TeamUnify Website and Swim Team Websites; or
- Violate the rights of any third party or breach any contract with or duty owed to any third party.
You expressly acknowledge and agree that engaging in any of the above activities constitutes an unauthorized use of the TeamUnify Website and Swim Team Websites and is a material breach of these Terms, which may result in sanctions, ranging from suspension or termination of your access, cancellation of your account, and criminal and/or civil liability.
6. Additional Software Terms
a. Use of TeamUnify Software.
Through the TeamUnify Website and Swim Team Websites, TeamUnify offers the use of certain software, including without limitation our MainSet™ workout management software, OnDeck® mobile solutions software, TouchPad® meet management software, Touchpad Live™ meet results platform, TUMoney™ fundraising tools, and TULessons™ swim lesson management tool (collectively, "Software"). This Software may only be available to you if you have paid the required fees and entered into a Master Club Annual Subscription Agreement with us, or if you have paid the required fees and are a member of a swim team that we represent. You may use this Software solely as permitted in these Terms, in compliance with TeamUnify's other policies and statements incorporated into these Terms, and in accordance with the Master Club Annual Subscription Agreement between you and TeamUnify, if any. Unless specifically authorized by TeamUnify in writing in advance, you may not incorporate any portion of our Software into your own programs or compile any portion of the Software in combination with your own programs, transfer the Software for use with another service, or sell, rent, lease, lend, loan, distribute, or sublicense the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing our Software, and we may terminate your right to use our Software at any time. Your rights to use our Software will automatically terminate without notice from us if you fail to comply with any of these Terms. The Software, and all right, title, and interest therein, including all current and future copyrights, trade secrets, patents, and other proprietary rights, are the sole and exclusive property of TeamUnify or our suppliers or licensors.
b. Use of Third Party Services.
c. Updates and Upgrades.
We may, at any time and without notice to you, replace, modify, alter, improve, enhance, or otherwise change the Software. In the event that we develop upgraded versions of the Software, we may, in our sole discretion, make such upgraded versions available to you so long as you have paid any required fees. Any changes to or upgraded versions of the Software shall be considered the "Software" under these Terms and subject to all terms and conditions of these Terms.
d. Export Regulations.
You agree that you will not export, re-export, or provide access in any manner to the Software to any country, person, or entity subject to United States export restrictions or export restrictions of any country, or use the Software in any manner prohibited by the United States export laws, restrictions, or regulations, or the export laws, restrictions, or regulations of any country. In particular, but without limitation, the Software may not be exported or re-exported without an export license or other official authorization: (i) into any U.S.-embargoed countries; or (ii) to anyone on the United States Treasury Department's Specially Designated Nationals list or the United States Department of Commerce Denied Persons List or Entity List.
e. Government End Users.
The Software and any associated documentation are "Commercial Items," as that term is defined in 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1, 227.7202-3, and 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are, to the extent applicable, being licensed to United States Government end users, if any: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to these Terms. This clause, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation Supplement, or other clause or provision that addresses United States Government rights in computer software, technical data, or computer software documentation.
7. Audit Rights
TeamUnify has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your usage of the TeamUnify Website and any Swim Team Websites to determine your compliance with these Terms.
8. Content You Submit Using the TeamUnify Website or any Swim Team Websites
a. Ownership of and Right to Use User Content.
If you choose to post, upload, input, provide, or submit any information, content, or comments (such information, content, and comments are referred to collectively in these Terms as "User Content") to any portion of the TeamUnify Website or any Swim Team Website where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation of the TeamUnify Website and Swim Team Websites and our business generally, including without limitation for our advertising and marketing purposes. You hereby grant us the unrestricted, worldwide, transferable, assignable, sublicensable, royalty–free, fully-paid up, and non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name in connection with your User Content. You acknowledge and agree that we may use the User Content you post to the TeamUnify Website or any Swim Team Website in any media, now known or hereafter developed, without additional notice to you beyond this notice set forth in these Terms. No compensation will be paid with respect to the use of your User Content. We are under no obligation to post or use any User Content you may provide, and we may remove any such User Content at any time in our sole discretion. We are under no obligation to use your name in connection with our use of the User Content under this paragraph, and we are under no obligation to give you any attribution or credit for such User Content. We do not claim any ownership to any User Content that you provide, unless otherwise expressly provided. You acknowledge and agree that TeamUnify may have similar content already under consideration or development, and TeamUnify will own all right, title, and interest in and to what it creates or develops without use of your User Content.
Even though you grant us a license to use your User Content, you maintain ownership of the User Content, and you may continue to also copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content.
b. Use of Public Comment Areas of Site.
If you subscribe to, comment to, or post to areas of the TeamUnify Website or any Swim Team Website where it is readily apparent that the User Content will be publicly available:
- You are solely responsible for your conduct relating to your posting of User Content and for any User Content you post or that you allow others to post under your username. You can edit or remove some or all of the User Content you post at any time. If you terminate your account, we may, but have no obligation to, remove all User Content that you posted from public view if you request that we do so, but copies of your account information and User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content.
- You must not post User Content for unlawful purposes or to promote illegal activities. If you do, your access to the TeamUnify Website and/or Swim Team Website may be suspended or terminated, and we may notify law enforcement authorities of your actions.
- You must not create multiple accounts for yourself with the intention of exploiting the TeamUnify Website or any Swim Team Website.
- TeamUnify may or may not pre-screen your User Content before it is posted, and TeamUnify shall have the right, but not the obligation, in its sole discretion and without notice to you to refuse to post your User Content.
- TeamUnify is not obligated to monitor the User Content posted to the TeamUnify Website or any Swim Team Website. We reserve the right, however, to decide what to post and whether to remove or respond to any posts, without notice or liability to the user who posted the User Content.
- By posting, you represent and warrant that you have the right to share the User Content in your posts, and that our use of the User Content as allowed in these Terms and inclusions of the User Content on the TeamUnify Website and/or any Swim Team Website does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages resulting from any infringement, misappropriation, or violation of any such third-party rights or any other harm resulting from your posting of User Content to the TeamUnify Website or any Swim Team Website, and you agree to indemnify, defend, and hold harmless TeamUnify and its parent company(ies), subsidiaries, affiliates, officers, directors, employees, and agents for, from, and against any and all claims, damages, liabilities, losses, judgments, demands, and costs and expenses (including reasonable attorneys' fees and costs) arising from the same.
- User Content posted to the TeamUnify Website or any Swim Team Website is the responsibility of the users who post such User Content. This User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the TeamUnify Website or any Swim Team Website are not necessarily our views. We are not responsible for, and we disclaim any and all responsibility and liability for the User Content posted to the TeamUnify Website or any Swim Team Website. You acknowledge and agree that your reliance on the User Content posted to the TeamUnify Website or any Swim Team Website will be at your own risk.
- In the event that TeamUnify refuses to post your User Content to the TeamUnify Website or any Swim Team Website or removes any User Content you posted for any reason, TeamUnify reserves the right to disclose any such User Content as necessary to satisfy any applicable law, regulation, or governmental request, or to otherwise use the User Content in any manner.
9. Infringement Policy
TeamUnify will disable access to or remove User Content posted to the TeamUnify Website or any Swim Team Website if it believes in good faith that the User Content is infringing a copyrighted work. We will suspend and/or terminate access of users that we believe in good faith are repeat copyright infringers. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed by User Content on the TeamUnify Website and/or any Swim Team Website, please refer to TeamUnify's Digital Millennium Copyright Act Policy, located here, ("DMCA Policy") for information regarding how to file or respond to a notice of infringement. This DMCA Policy is incorporated into and made a part of these Terms by this reference, and your use of the TeamUnify Website and/or any Swim Team Website constitutes your acknowledgement of and agreement to the DMCA Policy.
By submitting ideas, suggestions, enhancement requests, documents, and/or proposals ("Contributions") to TeamUnify through any suggestions or feedback page(s) on the TeamUnify Website or any Swim Team Website or otherwise, you acknowledge and agree that: (a) your Contributions do not contain the confidential or proprietary information of you or any third party; (b) TeamUnify is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TeamUnify is entitled, but not obligated, to use or disclose (without notice to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (d) TeamUnify may have something similar to the Contributions already under consideration or development, and TeamUnify will own all right, title, and interest in and to what it creates or develops without use of your Contributions; (e) you hereby assign all right, title, and interest in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein) to TeamUnify; and (f) you are not entitled to compensation of any kind for your Contributions.
11. Ability to Agree to Terms; Intended Users; Privacy; Children under Age Thirteen
The TeamUnify Website is intended for adults only. By accessing, browsing, or using the TeamUnify Website, you affirm that (i) you are eighteen (18) years old or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental consent or guardian consent to use the TeamUnify Website and provide information through the TeamUnify Website; and (ii) you have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. The TeamUnify Website is not directed at children under the age of thirteen (13). TeamUnify does not and will not knowingly permit submission of personally-identifiable information by anyone under age thirteen (13) through the TeamUnify Website. TeamUnify does not and will not knowingly contact children under age thirteen (13) for marketing purposes. TeamUnify will not knowingly sell products to children under age thirteen (13). Please see additional information regarding the intended users of the TeamUnify Website in our Privacy Statement, located here.
Your use of the TeamUnify Website and any Swim Team Websites (including without limitation use by submitting personal information to us) constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement. For information on how we use and protect the personal information and anonymous information collected through your use of the TeamUnify Website and/or any Swim Team Websites, view our Privacy Statement here. This Privacy Statement is incorporated into and made a part of these Terms by this reference.
We recognize that children under age thirteen (13) may want to register for accounts through and use Swim Team Websites. Before we allow a child under age thirteen (13) to register for an account through A Swim Team Website or to otherwise provide us personal information through use of a Swim Team Website OR OTHERWISE, we first obtain consent from the child's parent or guardian for the child to use the applicable Swim Team Website and provide us personal information. Please review our Privacy Statement carefully for additional information regarding our privacy practices relating to children under age thirteen (13). Click here to view our Privacy Statement: here.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections are available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our TeamUnify Website or any Swim Team Website is harmful to minors.
13. Accuracy of TeamUnify Content and Information
We attempt to provide TeamUnify Content and other information on the TeamUnify Website that is complete, accurate, and current. Despite our efforts, the TeamUnify Content and other information on the TeamUnify Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any TeamUnify Content or other information on the TeamUnify Website or any Swim Team Website.
14. No Warranty; Limitations of Liability
YOU USE THE TEAMUNIFY WEBSITE AND ANY SWIM TEAM WEBSITES AT YOUR OWN RISK. WE ARE PROVIDING THE TEAMUNIFY WEBSITE AND SWIM TEAM WEBSITES, TEAMUNIFY CONTENT, AND ALL PRODUCTS, INFORMATION, AND OTHER MATERIALS OBTAINED THEREON ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE TEAMUNIFY WEBSITE AND SWIM TEAM WEBSITES, TEAMUNIFY CONTENT, AND ALL PRODUCTS, INFORMATION, AND OTHER MATERIALS OBTAINED THEREON, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, NON-INFRINGEMENT, AND TITLE. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY THAT THE TEAMUNIFY WEBSITE, SWIM TEAM WEBSITES, TEAMUNIFY CONTENT, OR ANY PRODUCTS, INFORMATION, OR OTHER MATERIALS OBTAINED THEREON WILL BE SAFE OR SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE TEAMUNIFY WEBSITE, ANY SWIM TEAM WEBSITES, OR THE SERVER THAT MAKES THE SITES AVAILABLE. TeamUnify is not responsible for any loss or damage arising directly or indirectly from your use of THE TEAMUNIFY WEBSITE OR ANY SWIM TEAM WEBSITE, or the interception or loss of any data transmitted to or from THE TEAMUNIFY WEBSITE OR ANY SWIM TEAM WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE TEAMUNIFY WEBSITE OR ANY SWIM TEAM WEBSITE WILL BE SECURE AND NOT INTERCEPTED. TeamUnify shall have no RESPONSIBILITY OR liability whatsoever for failure of OR DAMAGE TO electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data, theft, or errors. If the user content you post is confidential, defamatory, or otherwise violates the rights of third parties, you may be legally responsible for damages, and TeamUnify shall have no responsibility or liability for the same.
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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Without limiting the generality of the foregoing paragraphs of this Section 14 or any other disclaimers or limitations of liability in these Terms, to the maximum extent permitted by applicable law, we will not be liable for any direct, consequential, special, exemplary, punitive, indirect, or incidental damages (including without limitation damages for loss of profIts; loss of use; loss of data; loss of security of information you have provided in connection with your use of THE TEAMUNIFY WEBSITE AND/OR ANY SWIM TEAM WEBSITE; or unauthorized interception of any such information by third parties) arising out of or in connection with (i) your use of or inability to use THE TEAMUNIFY WEBSITE, ANY SWIM TEAM WEBSITE, OR INFORMATION OR MATERIALS CONTAINED THEREON; or (ii) any other matter relating to the TEAMUNIFY WEBSITE, ANY SWIM TEAM WEBSITE, OR INFORMATION OR MATERIALS CONTAINED THEREON, even if we have been advised of the possibility of such damages or losses. UNLESS OTHERWISE SET FORTH IN A current, signed Master Club Annual Subscription Agreement you have with teamunify, Your sole and exclusive remedy for dissatisfaction with the TeamUnify website, any swim team website, or any information or materials therein is to stop using the Same.
The DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 14 ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, our MAXIMUM aggregate liability FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE SHALL BE the TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO use THE TEAMUNIFY WEBSITE, ANY SWIM TEAM WEBSITE, or products purchased from us, in the six (6) months preceding the incident that gave rise to your claim. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS the LIMITATION OR EXCLUSION OF A PARTY'S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY'S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY'S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
While we try to maintain the security of the TeamUnify Website and Swim Team Websites, we do not guarantee that the TeamUnify Website and Swim Team Websites will be secure. Additionally, third parties may make unauthorized alterations to the TeamUnify Website and Swim Team Websites. If you become aware of any unauthorized third-party alterations to or use of the TeamUnify Website and Swim Team Websites or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Statement, located here.
Special notice regarding the security of TeamUnify's OnDeck and MainSet software applications: Data downloaded into the OnDeck and/or MainSet applications is not secure and is at risk for potential inadvertent use by a non-authorized person that takes possession of the device on which the OnDeck and/or MainSet applications have been installed on. The OnDeck and/or MainSet applications require that a User Login be entered every time you want to use the application to help improve protection of the data that is stored within the OnDeck and/or MainSet application database that resides on the device. However, a user may set a preference once signed in that will remember the password by automatically populating the password field. Setting this preference is not recommended and will make the device less secure. You will be warned of this again when you go to set the user preference. You are solely responsible for protecting the security of your device and the downloaded data on your device. TeamUnify is not responsible or liable for the loss of your device and the stored data and/or inadvertent use by another party.
You agree to indemnify, defend and hold harmless TeamUnify, its parent company(ies), subsidiaries, affiliates, officers, directors, employees, and agents for, from, and against, any and all claims, damages, liabilities, losses, judgments, demands, and costs and expenses (including reasonable attorneys' fees and costs) made by any third party due to or arising out of (i) your use of or activities in connection with the TeamUnify Website, any Swim Team Website, your account, TeamUnify Content, or other information or materials obtained through the TeamUnify Website or any Swim Team Website; (ii) your violation of these Terms and/or any breach of your representations or warranties made in these Terms; (iii) your violation of any law, rule, or regulation; (iv) your User Content; and/or (v) your infringement, misappropriation, or other violation of any third-party rights, including without limitation the rights of another user of the TeamUnify Website or any Swim Team Websites.
17. TeamUnify's Intellectual Property Rights
TEAMUNIFY®, SWIMOFFICE™, ONDECK®, TOUCHPAD®, MAINSET™, TOUCHPADLIVE™, TUMONEY™, TULESSONS™, and other trademarks, service marks, and names appearing on the TeamUnify Website and the Swim Team Websites are registered or unregistered trademarks and service marks of TeamUnify, LLC in the United States and other countries. TeamUnify exclusively owns all right, title, and interest in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Without limiting the generality of the foregoing, you may not use TeamUnify's trademarks, service marks, or names in any meta-tags or other hidden text without the express written consent of TeamUnify.
Product, service, and company names that appear on the TeamUnify Website and/or Swim Team Websites that are not owned by us are subject to trademark or other rights of other parties.
Except for User Content discussed above, all TeamUnify Content; the selection, arrangement, and presentation of all TeamUnify Content (including information in the public domain); and the overall design, "look and feel," color combinations, and other graphical elements of the TeamUnify Website and all Swim Team Websites are the exclusive property of TeamUnify or its licensors or suppliers (collectively for purposes of this paragraph, the "Website Content"). TeamUnify or its licensors or suppliers own all rights, titles, and interests in and to the Website Content, including without limitation all copyright and other intellectual property and proprietary rights in and to the Website Content.
18. Linking to Other Websites
19. Linking to and Framing of the TeamUnify Website and/or Swim Team Websites
You may not frame or mirror any TeamUnify Content or other portions of the TeamUnify Website and/or Swim Team Websites. If you link to TeamUnify's Website or any Swim Team Website, TeamUnify reserves the right to block any such links and/or demand you remove any such link at any time, for any or no reason, and at TeamUnify's sole discretion.
20. Discontinuance and Modification; Termination
Except as may be expressly agreed in a Master Club Annual Subscription Agreement, there is no guarantee that TeamUnify will continue to offer or provide the TeamUnify Website or any Swim Team Website, and TeamUnify may simply suspend or discontinue the TeamUnify Website or any Swim Team Website (or any part thereof) at any time for any reason and without notice to you. TeamUnify has the right to remove any content from the TeamUnify Website or any Swim Team Website or to modify the TeamUnify Website or any Swim Team Website or any portion thereof.
You understand and agree that your access to the TeamUnify Website or any Swim Team Website, and your account (including all files or information associated with your account) depends upon your compliance with these Terms. TeamUnify may, in addition to all other rights and remedies, terminate your access to and your use of the TeamUnify Website, the Swim Team Websites, and your account (including all files or information associated with your account) if you breach any provision of these Terms or if you access or use the TeamUnify Website, the Swim Team Websites, or your account in a manner that is not expressly authorized by TeamUnify, in any manner that is in violation of laws or regulations, or in any manner that may harm TeamUnify. Regardless of the cause or basis for termination, you agree that (i) you will not have the right to bring claims against us arising solely from such termination; and (ii) you are not entitled to compensation or damages of any kind as a result of the termination. We shall not be liable for any termination of your access to the TeamUnify Website, the Swim Team Websites, and/or your account (including all files or information associated with your account), and (except as may be required under applicable law) we shall not be required to make such information or files available to you after such termination. Accessing the TeamUnify Website, the Swim Team Websites, and/or your account after such termination will constitute an act of trespass, among other potential claims.
21. Your Discontinued Use
You may discontinue use of the TeamUnify Website, the Swim Team Websites, and/or your account at any time. These Terms will continue to apply to all past use of the TeamUnify Website, the Swim Team Websites, and/or your account, even if you are no longer using the TeamUnify Website, the Swim Team Websites, and/or your account, whether voluntarily or because we terminated your access thereto.
22. Governing Law and Disputes
These Terms, and any dispute that may arise between you and TeamUnify regarding the TeamUnify Website, any Swim Team Website, or any TeamUnify Content or other information or materials on such websites, will be governed by the laws of the State of Oregon without regard to conflict of laws principles that might result in the application of the laws of any other jurisdiction. These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded.
You agree that any and all disputes and claims relating in any way to these Terms (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exceptions set forth in this Section 22, shall be submitted to and resolved by means of confidential arbitration conducted in Bend, Oregon. The arbitration shall be conducted under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The rules are available at www.adr.org. You and TeamUnify may litigate in court only to compel arbitration under these Terms or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. There is no judge or jury in arbitration, but an arbitrator can award the same damages and relief as a court (including without limitation monetary damages, injunctive relief, and declaratory relief). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other current or former user of the TeamUnify Website or any Swim Team Website, whether through class arbitration proceedings or otherwise. You agree that any dispute arising between you and TeamUnify under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms.
Notwithstanding the foregoing, to the extent we have claims against you that you have in any manner violated or threatened to violate TeamUnify's intellectual property rights, disclosed any TeamUnify confidential or proprietary information, or violated the security of any person, data, or TeamUnify's servers, networks, the TeamUnify Website, and/or any Swim Team Website, TeamUnify may seek injunctive or other appropriate relief (without the posting of a bond or any other security and without proving monetary damages) in any court located in Oregon.
You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in Oregon, and you waive any jurisdictional, venue, or inconvenient forum objections thereto.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchise relationship between you and us. If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. The section headings are for convenience only and shall not be used to construe or interpret these Terms. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of TeamUnify. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. No waiver of any requirement of these Terms will be deemed to be a waiver of such requirement on another occasion or of any other requirement of these Terms. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without TeamUnify's express prior written consent. TeamUnify may assign its rights and duties under the Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. Except as otherwise expressly stated, these Terms constitute the entire agreement between you and TeamUnify relating to the subject matter herein. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the TeamUnify Website and/or any Swim Team Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our reasonable control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the TeamUnify Website and/or any Swim Team Website or information provided to or gathered by us with respect to such use. TeamUnify reserves all rights not expressly granted in these Terms.
24. Contact Us
If you have any comments, concerns, or questions about these Terms or TeamUnify Website or any Swim Team Website should be directed to TeamUnify, LLC at PO Box 2321, Bend, OR 97709 or firstname.lastname@example.org.