TERMS OF USE (TOU)
Welcome to the
hudsonsoccer.com web site owned and operated by the Hudson Soccer (WI)
Association, a Wisconsin nonprofit corporation.
IMPORTANT - PLEASE READ CAREFULLY BEFORE ACCESSING OR USING ANY
PART OF THE SITE. THE FOLLOWING IS A LEGAL AGREEMENT (THE "TERMS OF USE" OR
"TOU") THAT STATES THE TERMS AND CONDITIONS THAT GOVERN ACCESS TO AND THE USE OF
THE SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND
INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH
(COLLECTIVELY, THE "SITE"). HUDSON (WI) SOCCER IS WILLING TO LICENSE THE USE OF THE SITE TO
YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THIS TOU. BY ACCESSING OR USING ANY PART OF THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS TOU, THAT YOU UNDERSTAND IT AND ITS TERMS
AND CONDITIONS, AND THAT YOU AGREE TO BE LEGALLY BOUND BY IT AND ITS TERMS AND
CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
GRANTED PERMISSION BY HUDSON (WI) SOCCER TO ACCESS OR OTHERWISE USE THIS SITE AND ARE
INSTRUCTED TO EXIT THIS SITE IMMEDIATELY. IN SUCH CASE, PROMPTLY RETURN AND/OR
DELETE ANY MATERIALS RELATED TO THE SITE THAT YOU HAVE RECEIVED FROM HUDSON (WI) SOCCER OR
THAT YOU HAVE IN YOUR POSSESSION.
Please note that HUDSON (WI) SOCCER reserves the
right to change the following terms and conditions from time to time by posting
a revised TOU at www.hudsonsoccer.com. Your continued use of this Site following
any change will be conclusively deemed acceptance of any change to the terms and
conditions of this TOU. Accordingly, please review the TOU found at this
location on a periodic basis.
TERMS AND CONDITIONS
1. LICENSE GRANT. This Site is provided by HUDSON (WI) SOCCER . This TOU
provides you, a User, with a personal, revocable, limited, non-exclusive,
nontransferable license to use this Site conditioned on your continued
compliance with the terms and conditions of this TOU. You may print and download
materials and information from this Site solely for your personal use, provided
that all hard copies contain all copyright and other applicable notices
contained in such materials and information. This TOU is a license and not an
assignment or sale. Any rights granted hereby are licensed and not sold or
otherwise transferred to you. You expressly acknowledge and agree that HUDSON (WI) SOCCER
transfers no ownership or intellectual property interest in and to the Site to
you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding
the foregoing, you may not modify, alter, translate, decompile, create
derivative work(s), copy, distribute, disassemble, broadcast, transmit,
reproduce, publish, remove or alter any proprietary notices or labels, license,
transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest
in, transfer any right(s) in, or otherwise use in any manner not expressly
permitted herein the Site. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS
PROVIDED BY HUDSON (WI) SOCCER TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By accessing and using
this Site, you represent that you are at least eighteen (18) years of age and
will, at all times, provide true, accurate, current, and complete information
when submitting information or materials on this Site, including, without
limitation, when you provide information via a Site registration form. If you
provide any false, inaccurate, untrue, or incomplete information, HUDSON (WI) SOCCER reserves
the right to terminate your access and use of this Site. In addition, you agree
to abide by all applicable local, state, national, and international laws and
regulations with respect to your use of this Site and agree not to interfere
with the use and enjoyment of this Site by other Users and HUDSON (WI) SOCCER ' operation or
management of this Site. Moreover, you agree not to impersonate any other person
or entity, whether actual or fictitious, including impersonating an employee or
representative of HUDSON (WI) SOCCER , when using this Site.
4. PROPRIETARY RIGHTS. All programs, software,
products, information, documentation, and information contained on or available
through the Site, unless otherwise indicated, are protected by law including,
but not limited to, United States copyright, trade secret, patent, and trademark
law, as well as other state, national, and international laws and regulations.
Except as expressly provided herein, HUDSON (WI) SOCCER does not grant any express or implied
right to you or any other person under any intellectual or proprietary rights.
Accordingly, unauthorized use of this Site may violate intellectual property or
other proprietary rights laws as well as other laws, regulations, and statutes.
Please be aware that HUDSON (WI) SOCCER actively and aggressively enforces its intellectual
property rights to the fullest extent of the law. This Site is Copyright © 2006
HUDSON (WI) SOCCER and/or its licensors. All rights reserved.
HUDSON (WI) SOCCER also owns a copyright in the contents of the Site as collective work and/or
compilation and in the selection, coordination, arrangement, and enhancement of
the content of this Site. Any software and other downloadable or printable
programs, information, or materials available through this Site and all
copyrights, trade secrets, and know-how related thereto, unless otherwise
indicated, are owned by HUDSON (WI) SOCCER . HUDSON (WI) SOCCER and all other names, logos, and icons
identifying HUDSON (WI) SOCCER and its products and services are proprietary trademarks of
HUDSON (WI) SOCCER , and any use of such marks without the express written permission of HUDSON (WI) SOCCER
is strictly prohibited. Other product and company names mentioned herein may be
the trademarks and/or service marks of their respective owners.
5. PRIVACY POLICY. HUDSON (WI) SOCCER considers your
personal identifying information to be private and operates this Site by keeping
any collected personal identifying information confidential, as described in the
HUDSON (WI) SOCCER Privacy Policy. Nevertheless, you understand, acknowledge, and agree that
the operation of this Site requires the submission, use, and dissemination of
various personal identifying information. Accordingly, your use of this Site
constitutes acceptance of HUDSON (WI) SOCCER 's personal identifying information collection and
use practices. Please see HUDSON (WI) SOCCER 's Privacy Policy for a summary of HUDSON (WI) SOCCER 's personal
identifying information collection and use practices.
6. RESPONSIBILITY FOR USE. Use of the Internet
and this Site is solely at your own risk and is subject to all applicable local,
state, national, and international laws and regulations. While HUDSON (WI) SOCCER has
endeavored to create a secure and reliable Site, you should understand that the
confidentiality of any communication or material transmitted to/from the Site
over the Internet or other global communication network cannot be guaranteed.
Moreover, you understand that the technical processing and transmission of the
Site may involve transmission over various networks. Accordingly, HUDSON (WI) SOCCER is not
responsible for the security of any information transmitted via the Internet,
the accuracy of the information contained on the Site, or for the consequences
of any reliance on such information. You assume sole and complete risk for using
this site and must make your own determination as to these issues.
7. ENFORCING SECURITY ON THE SITE. Actual or
attempted unauthorized use of the Site may result in criminal and/or civil
prosecution. HUDSON (WI) SOCCER reserves the right to view, monitor, and record activity on
the Site without notice or permission from you. Any information obtained
monitoring, reviewing, or recording is subject to review by law enforcement
organizations in connection with investigation or prosecution of possible
criminal activity on the Site. HUDSON (WI) SOCCER will also comply with all court orders
involving requests for such information.
8. POSTINGS. To the extent that the Site
contains bulletin boards, message boards, chat rooms, message areas, platforms,
question/answer areas, or other communication forums (collectively, "forums"),
you agree that by following materials on the Site's forums:
- anything which
interferes with or disrupts the Site or the operation thereof
- statements
or material that defames, harasses, abuses, stalks, threatens, or in any way
infringes on the rights of others
- unauthorized copyrighted materials or any
other material that infringes on the intellectual property rights, trade
secrets, or privacy of another
- statements or material that violates other
contractual or fiduciary rights, duties, or agreements
- statements or
material that is bigoted, hateful, or racially offensive
- statements or
material that encourages criminal conduct or that would give rise to civil
liability or otherwise violate any law or regulation in any jurisdiction
-
statements or material that constitutes anti-competitive collaboration and/or
antitrust violations
- statements or material that contains vulgar, obscene,
profane, or otherwise objectionable language or images that typically would not
be considered socially or professionally responsible or appropriate in
person
- statements or material that harms minors
- statements or material
that impersonates any other person or entity, whether actual or fictitious,
including employees and representatives of HUDSON (WI) SOCCER
- statements or material that
misrepresents your affiliation with any entity and/or HUDSON (WI) SOCCER
- anything that
violates the privacy rights of any other person
- chain letters or pyramid
schemes
- statements or material that constitutes junk mail, spam, or
unauthorized advertising or promotional materials
- statements or material
that are "off-topic" for a designated forum
- files that contain malicious
code, viruses, corrupted files, or any other similar software or programs that
may damage the operation of another's computer
9. NO PRE-SCREENING OF POSTINGS. HUDSON (WI) SOCCER is not
responsible for screening, policing, editing, or monitoring your, another
User's, or other third party content posted to Site forums, and HUDSON (WI) SOCCER is not a
publisher of such postings. Nevertheless, HUDSON (WI) SOCCER reserves the right to delete or
take other action with respect to postings that HUDSON (WI) SOCCER believes in good faith
violate this TOU and/or are potentially unlawful. If you violate this TOU, HUDSON (WI) SOCCER
may, in its sole discretion, issue you a warning and/or terminate your use of
the Site. Moreover, it is a policy of HUDSON (WI) SOCCER to take appropriate actions under the
Digital Millennium Copyright Act and other applicable intellectual property
laws. If you become aware of postings that violate these rules, you may contact
the President of HUDSON (WI) SOCCER via email at the address posted on the "Contact Us" page
of this Site.
10. NO ENDORSEMENT OF POSTINGS. You must use
your best judgment and reasonable caution in evaluating all User or third party
postings or other content (including information and opinions posted by others
to forums) on the Site. HUDSON (WI) SOCCER does not endorse, oppose, or edit any opinion or
information provided by a User or third party, with the exception of removing
temporarily or deleting what appears to be potentially unlawful content or
content otherwise prohibited under this TOU. HUDSON (WI) SOCCER does not make any
representation with respect to, nor does it endorse the accuracy, completeness,
timeliness, or reliability of any advice, opinion, statement, or other material
displayed, uploaded, distributed by any User of, or third party contributing
materials to, this Site. HUDSON (WI) SOCCER expressly disclaims all responsibility and
liability for such postings, information, and materials.
11. PERMISSION TO USE POSTINGS. The purpose of
this Site and the services, programs, products, materials, and information
available through it is to share information and provide service about HUDSON (WI) SOCCER with
our members and visitors, and to internally and externally promote the Club's
mission, achievements and interests. By submitting information, content, and
materials to a forum or other portion of this Site or by otherwise using the
Site to transmit information, content, and materials, you automatically grant
HUDSON (WI) SOCCER a royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, redistribute, transmit, perform, and display such information,
content, and materials (in whole or in part) worldwide and/or to incorporate
into other works in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such information, content, and
materials. Notwithstanding this right and license, it is understood that by
merely permitting your information, content, and materials to appear on this
Site, HUDSON (WI) SOCCER has not become and is not a publisher of such information, content,
and materials.
12. SUBMISSIONS. HUDSON (WI) SOCCER welcomes your feedback
and suggestions about how to improve this Site. By transmitting any suggestions,
information, material, or other content (collectively, "feedback") to HUDSON (WI) SOCCER , you
represent and warrant that such feedback does not infringe the intellectual
property or proprietary rights of any third party (including, without
limitation, patents, copyrights, or trademark rights) and that you have all
rights necessary to convey such feedback to HUDSON (WI) SOCCER . In addition, any feedback
received through this Site will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for HUDSON (WI) SOCCER to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create
derivative works, and display (in whole or in part) worldwide, or act on such
feedback without additional approval or consideration, in any form, media, or
technology now known or later developed for the full term of any rights that may
exist in such content, and you hereby waive any claim to the contrary.
13. MESSAGE STORAGE. HUDSON (WI) SOCCER assumes no
responsibility for the deletion of or failure to store any message.
14. THIRD PARTY PRODUCTS/SERVICES. You
acknowledge and agree that this Site may feature materials, products, and
services provided by Users and third parties. HUDSON (WI) SOCCER makes no representations with
respect to, nor does it guarantee or endorse, the quality, non-infringement,
accuracy, completeness, timeliness, reliability, or correct sequencing of such
third party materials, products, and services or any other materials, products,
and services which such third party materials, products, and services may
access. HUDSON (WI) SOCCER expressly disclaims responsibility and liability for all third
party provided materials, products, and services contained on or accessed
through the Site.
15. ADVERTISERS ON THIS SITE. HUDSON (WI) SOCCER , in its
sole discretion, may post the advertisements of third parties on this Site. Your
correspondence or any other dealings with advertisers found on this site are
solely between you and such advertiser. You agree that HUDSON (WI) SOCCER shall not be
responsible for any loss or damage of any sort incurred as a result of any such
dealings or as the result of the presence of such advertisers on this Site.
Moreover, HUDSON (WI) SOCCER shall not be responsible or liable for the statements or conduct
of any third party on this Site.
16. LINKS TO OTHER SITES. HUDSON (WI) SOCCER may provide
links, in its sole discretion, to other sites on the World Wide Web for your
convenience in locating related information, products, and services. These sites
have not necessarily been reviewed by HUDSON (WI) SOCCER and are maintained by third parties
over which HUDSON (WI) SOCCER exercises no control. Accordingly, HUDSON (WI) SOCCER expressly disclaims any
responsibility for the content, the materials, the accuracy of the information,
and/or quality of the products and services provided by or advertised on these
third party websites. Moreover, these links do not imply an endorsement with
respect to any third party or any web site or the products or services provided
by any third party.
17. EVENTS BEYOND HUDSON (WI) SOCCER 'S CONTROL. You
expressly absolve and release HUDSON (WI) SOCCER from any claim of harm resulting from a cause
beyond HUDSON (WI) SOCCER 's control, including, but not limited to, failure of electronic or
mechanical equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors, severe
weather, earthquakes, or natural disasters, strikes, or other labor problems,
wars, or governmental restrictions.
18. DISCLAIMER. WHILE HUDSON (WI) SOCCER ENDEAVORS TO PROVIDE THE MOST
ACCURATE, UP-TO DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS,
MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND
MATERIALS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR
OTHER INACCURACIES. MOREOVER, HUDSON (WI) SOCCER MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS
SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS
DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU
ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES,
PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. HUDSON (WI) SOCCER MAKES
NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS,
TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES,
PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE
FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
19. LIMITATION OF LIABILITY. IN NO
EVENT SHALL HUDSON (WI) SOCCER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OR IN ANY WAY CONNECTED WITH THE USE OF THIS
SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS
SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HUDSON (WI) SOCCER HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING,
TOTAL LIABILITY FOR HUDSON (WI) SOCCER FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE
SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HUDSON (WI) SOCCER IN CONNECTION WITH THE
SUBJECT MATTER OF THE PARTICULAR DISPUTE.
20. INDEMNITY. You agree to defend, indemnify,
and hold harmless HUDSON (WI) SOCCER and its affiliates and all of their employees, agents,
directors, officers, proprietors, partners, representatives, shareholders,
servants, attorneys, predecessors, successors, and assigns from and against any
and all claims, proceedings, damages, injuries, liabilities, losses, costs, and
expenses (including reasonable attorneys' fees and litigation expenses),
relating to or arising from your use of the Site and any breach by you of this
TOU.
21. GOVERNING LAW. This TOU has been made in
and will be construed and enforced in accordance with the laws of the State of
Minnesota as applied to agreements entered into and completely performed in
Minnesota. Any action to enforce this TOU will be brought in the federal courts
presiding in Saint Paul, Minnesota, U.S. or state courts presiding in Ramsey
County, Minnesota, U.S. and all parties to this TOU expressly agree to be
subject to the jurisdiction of such courts. This Site is controlled and operated
by HUDSON (WI) SOCCER from its offices within the United States. HUDSON (WI) SOCCER makes no representation
that the Site is appropriate or available use in other locations, and access to
the Site from territories or nations where any aspect of the Site is illegal is
prohibited. You access this Site on your own volition and are responsible for
compliance with applicable local laws.
22. TERM AND TERMINATION. This TOU will take
effect at the time you click "I ACCEPT" and/or begin accessing, or using this
Site, whichever is earliest. HUDSON (WI) SOCCER reserves the right at any time and for any
reason to deny you access to the Site or to any portion thereof and to terminate
this TOU. This TOU will terminate automatically if you fail to comply with
the
ate limitations described herein. Termination will be effective without
notice. You may terminate any time by ceasing to use the Site, but all
applicable provisions of this Agreement will survive termination, as outlined
below. Upon termination, you must destroy all copies of any aspect of the Site
in your possession.
23. SURVIVABILITY. The provisions concerning
proprietary and intellectual property rights , permission to use postings,
submissions, events beyond HUDSON (WI) SOCCER 's control, confidentiality, indemnify,
representations and warranties, disclaimers of warranty and liability,
availability records, admissibility of this TOU, termination, and governing law
will survive the termination of this TOU for any reason.
24. WAIVER. Failure to insist on strict
performance of any of the terms and conditions of this TOU will not operate as a
waiver of any subsequent default or failure of performance. No waiver by HUDSON (WI) SOCCER of
any right under this TOU will be deemed to be either a waiver of any other right
or provision or a wavier of that same right or provision at any other time.
25. ADMISSIBILITY. A printed version of this
TOU and of any related notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this TOU to the
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
26. SEVERABILITY. If any part of this TOU is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and the liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most clearly matches the
intent of the original provision and the remainder of this TOU shall continue in
effect.
27. RELATIONSHIP OF PARTIES. No joint venture,
partnership, employment, or agency relationship exists between you and HUDSON (WI) SOCCER as
result of this TOU or your utilization of this Site.
28. RESERVATION OF RIGHTS. Any rights not
expressly granted by HUDSON (WI) SOCCER herein are reserved.
29. ENTIRE AGREEMENT. This TOU, HUDSON (WI) SOCCER 's Privacy
Policy, and any related or associated service or software license agreements,
which are all hereby incorporated by reference as if set forth fully herein,
represents the entire agreement between you and HUDSON (WI) SOCCER with respect to use of the
Site, and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between you and HUDSON (WI) SOCCER with
respect to this Site. Please note that HUDSON (WI) SOCCER reserves the right to change the
terms and conditions of this TOU and under which this Site and its many
offerings are extended to you. In addition, HUDSON (WI) SOCCER may add, or delete any aspect
of this Site. Your continued use of this Site will be conclusively deemed
acceptance of any change to this TOU or the Site.
30. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning HUDSON (WI) SOCCER and its products or services, please contact a Board Member of HUDSON (WI) SOCCER via email at the address listed on the "Contact Us" page of this Site.