AGREEMENT BETWEEN USER AND FSS LLC
2. NO UNLAWFUL OR PROHIBITED USE; RESPONSIBILITY FOR YOUR ACCOUNT
You agree to use the Service only to send, receive, publish, and transfer appropriate messages and material. By way of example, and not as a limitation, you agree that when using the Service, you will not:
o Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise).
o Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
o Create a false identity for the purpose of misleading others.
o Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
o Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
o Use any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
o Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
o Download any file or other material transferred by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.
o Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof.
o Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
o Violate any code of conduct or other guidelines which may be applicable to the Service.
o Use any portion of the Service to harvest or otherwise collect information about others, including e-mail addresses.
FSS reserves the right at all times to monitor communications on the Service and disclose any information FSS deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of the FSS, its employees or the public. FSS also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in FSS's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in the Service. FSS does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, FSS specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.
You are responsible for all activities that occur in your Service account. You agree to notify FSS immediately of any unauthorized use of your account or breach in security known to you related to the Service.
3. PRIVACY SETTINGS
How you set your privacy settings in your player profile determines the accessibility of your data.
4. USE BY MINORS
Persons considered to be a minor under the laws of the state of their residence, generally under eighteen (18) years of age, must have the permission of their parent, custodian or legal guardian to register and use this service.
See the FoundationTennis.com Privacy Statement at http://www.admin.foundationtennis.com/tc/privacypolicy.cfm for disclosures relating to the collection and use of your information.
6. INTERACTION WITH THIRD PARTY SITES AND SERVICES
You are solely responsible for any dealings with third parties (including advertisers) who support the Service, including the delivery of and payment for goods and services.
8. SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE
You will not disassemble, decompile, or reverse engineer the Software. All Software is protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
Your license to use the Software with the Service terminates when you terminate your use of the Service. Your license to use the Software with the Service may also terminate if FSS, in its sole discretion, modifies the Service to no longer support such Software.
9. MATERIALS YOU POST OR PROVIDE
Some FSS client software that accesses the Service allows you to submit materials for use in connection with the Service. For materials you post or otherwise provide to FSS related to the Service (a "Submission"), you grant FSS permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the service, and (2) sublicense these rights. FSS will not pay you for your Submission. FSS may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
10. NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY
FSS PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. FSS, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "FSS PARTIES") MAKE NO WARRANTIES. THE FSS PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. FSS MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
IN NO EVENT SHALL ANY OF THE FSS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FSS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. CUSTOMER SUPPORT
FSS may, but is not required to, provide you with customer support ("Support"). Unless you have entered into a separate written support agreement with FSS with respect to the Service, FSS may terminate any Support it provides at any time in its sole discretion.
Authorized third-party software that uses the Service is not supported by FSS and you should contact the provider of such software for support, if any.
13. TERMINATION/ACCESS RESTRICTION
14. ELECTRONIC NOTICES
You consent to FSS providing you any information regarding the Service in electronic form. FSS may provide such information to you via e-mail at the e-mail address you specified when you registered for the Service, by instant message to your account, or by access to a FSS web site. As long as you access and use the Service, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.
YOU AND FSS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. INTELLECTUAL PROPERTY NOTICES
All contents of any FSS Web site related to the Service are: Copyright © 2004-2021 FSS LLC and/or its suppliers, 132 Chief Justice Cushing HWY, Suite 70, Cohasset, MA 02025, U.S.A. All rights reserved.
TRADEMARKS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.foundationtennis.com/info/cpyrtInfrg.htm.