Athletic Training Resource's Terms of Use
The following terms and conditions govern your use of the Athletic Training Resource, L.L.C. Website (the “Site”), and by using the Site, you agree to follow and be bound by these terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.1. Access to the Web Site
This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to: (a) access to the Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Athletic Training Resources, L.L.C. (“ATR”). A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.2. ATR Account
In order to access some features of our Site, you will need to create an ATR account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify ATR of any unauthorized use of your password or account or any other breach of security. ATR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is not easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.By registering with ATR, you represent that you are of legal age and capacity to enter into a binding contract and are not a person barred by any laws from using the our Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using our Site.
3. Modification of Terms or Web Site
ATR may periodically modify these terms in any manner at any time in our sole and absolute discretion and without prior notice or liability to you. Any modification to these terms shall be effectively immediately upon posting at the Site. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the terms as modified. From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site. We may introduce a new service and the fees for that service are effective as of the date that service becomes available on the Site. Unless otherwise stated, all fees are quoted in U.S. dollars and you are responsible for paying all fees associated with using our service and the Site.4. User Comments, Feedback and other Submissions
By submitting, disclosing, posting, transmitting or uploading any files, messages or data or engaging in any other form of communication to or with the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. All comments, feedback, suggestions, ideas and other submissions disclosed, submitted, uploaded or offered to us or otherwise disclosed, submitted, posted, transmitted or uploaded in connection with your use of the Site, shall be and remain our property. Such disclosure, submission, posting, transmission or uploading shall constitute an assignment to ATR of all worldwide rights, title and interest in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other such communications.We do not and cannot review all materials posted to the Site by users and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
5. Copyrights, Trademarks and other Intellectual Property Rights
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of ATR or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of ATR.
If you believe any of the content on our Site infringes the intellectual property rights of another, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act. Please see our DMCA Notice for more information.
6. Limited Warranty/Disclaimer of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY, TITLE, CURRENCY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THIS SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT ATR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.IN NO EVENT SHALL ATR, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, SUCCESSOR-IN-INTEREST OR OPERATOR OF ATR, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ATR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site may contain hyperlinks to web sites operated by parties other than ATR, which are provided for reference only. We do not control such web sites are not responsible for their contents or operation. Your use of such web sites is entirely at your own risk.
7. Third-Party Content
The Site contains content supplied by parties other than ATR. Any opinions, advice, judgments, statements, services, offers or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of ATR. ATR makes no guarantees to the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for a particular purpose.8. Indemnification
You agree to indemnify, defend and hold harmless ATR and our directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of our site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.9. Governing Law and Jurisdiction
This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona, to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Maricopa County, Arizona, for any such action.10. NOTICES
Any notice required to be given to ATR shall be given via first class mail to:Athletic Training Resources, L.L.C.
P.O. Box 5512
Sun City West, AZ 85376
Alternatively, ATR may give notice to you to the e-mail address you provide to ATR during the registration process or via certified mail, postage prepaid and return receipt requested to the address provided to ATR during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
11. General Provisions
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. ATR shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.12. Termination / Cancellation
ATR may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice.You may cancel your contract with ATR by giving a 15 day notice of cancellation to ATR via regular mail to the address indicated in Paragraph 9 above. You agree that in the event of any termination/cancellation, ATR shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information available to you after any such termination or cancellation.
13. Links to Other Sites
For your convenience, ATR may provide links on the Site to websites that are not operated by ATR. These links do not mean that ATR endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. ATR is not liable for any damage that might result from your use of the information, products or services obtained.14. No Agency
There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.15. Updates to Terms of Use
Terms of Use updated as May 9, 2008.16. Privacy Policy
See ATR’s Privacy Policy.Digital Millennium Copyright Act Compliance Notice
AthleticTrainingResource.com (“ATR”)will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to ATR’s Designated Agent.
Name/Contact Information of Designated Agent:
Athletic Training Resources, L.L.C.
P.O. Box 5512
Sun City West, AZ 85376
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 ATR to locate the material;
- Information reasonably sufficient to permit ATR to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- 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;
- 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.
