Terms and Conditions

Terms Of Use

USAHOCKEY.COM and SHOPUSAHOCKEY.COM

TERMS OF USE

 

 

PLEASE READ THESE TERMS CAREFULLY. BY USING THE USAHOCKEY.COMSHOPUSAHOCKEY.COM, OR USAHOCKEYREGISTRATION.COM WEB SITES (THESE "SITES"), YOU AGREE TO BE BOUND BY THESE TERMS.   IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE ANY OF OUR SITES.

 

As used in these Terms, "we," "our," "us" and "USAH" refer to USA Hockey, Inc.

 

Changes to these Terms. WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THESE SITES. USE OF ANY OF OUR SITES FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use any of our Sites. These Terms were last revised on July 15, 2008.

 

Ownership and Use. Materials contained on or obtained through any of our Sites, including, but not limited to, text, graphics, images, data, audio and video (collectively, the "Materials"), are owned or licensed by USAH. USAH and its third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how) and all broadcasting rights or other distribution rights associated therewith. In addition, the entire content of each Site is copyrighted as a collective work by USAH. Unless otherwise expressly indicated on our Sites, except for downloading, storing, viewing and printing limited portions of the Materials for your own personal, noncommercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the prior written permission of USAH.

 

You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of our Sites. You may not use any metatags or any other similar hidden text utilizing USAH's name or trademarks.

 

We may, in our sole discretion, modify, add or discontinue any aspect, content or feature of any of our Sites at any time, with or without notice.

 

User Postings. As a user of our Sites, you are responsible for your own communications and are responsible for the consequences of any of your postings in or to our Sites, if any (e.g., postings in chat rooms, bulletin boards, personalized web pages, etc.). By submitting any material for posting on any of our Sites, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) USAH a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, display and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

 

We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of our Sites nor do we endorse any opinions expressed by any users. If you rely on material posted by other users, you do so only at your own risk.

 

Although we may occasionally screen or monitor material posted by users, we do not do so systematically, and we are not obligated to do so. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to do so. If you become aware of any material that violates these Terms, you may email such information to us. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to these Sites for any or no reason, including violation of these Terms or applicable law. However, we have no obligation to expel any user or to prevent further access to these Sites.

 

Each user of our Sites is solely responsible for the information, data, text, messages, graphics, photographs, video, audio, forms, PDF documents, or other materials he or she posts on our Sites. This means that you, and not USAH, are entirely responsible for all content that you upload, post, transmit or otherwise make available to others using these Sites. Under no circumstances will USAH be liable in any way for any content posted on or made available through these Sites by you or any third party.

 

Use Policies. You may not do any of the following while using any of our Sites:

* interfere with or disrupt networks connected to our Sites or violate the regulations, policies or procedures of such networks;

* attempt to gain unauthorized access to our Sites, computer systems or networks connected to these Sites, through password mining or any other means;

* interfere with another user's use and enjoyment of these Sites;

* upload any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;

* upload Content that contains a virus, corrupted file, or other harmful component;

* impersonate any person or entity, including, but not limited to, USAH personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity;

* upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including, but not limited to, nondisclosure agreements);

* upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;

* upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);

* intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of these Sites; or

* upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.

 

If you violate any of this Section, your permission to use the Materials and these Sites automatically terminates.

 

Contests, Sweepstakes and Other Activities. These Sites may provide additional rules for participating in activities on or through these Sites ("Rules"), including sweepstakes, contests and other activities. This Agreement is incorporated by reference into any specific Rules for a particular activity. To the extent that any conflict exists between these Terms and specific Rules, the Rules for the particular activity shall govern.

 

Registration On Our Sites. If you wish to register on any of our Sites you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, address, etc.) as required by our registration form(s) and further agree that you will update such data to keep it accurate, current and complete. USAH reserves the right to suspend or terminate your use of our Sites if we discover, or have a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.  If you register on any of our Sites, you may be asked to select a username and password.  Your account, including your username and password, are personal to you and may not be used by anyone else.  You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact USAH at comments@usahockey.org and until we are so notified you will remain liable for any unauthorized use of your account.

Links to Third-Party Sites. These Sites contain links to third-party web sites. These links are provided solely for your convenience. They are not an endorsement by us of the content of such third-party web sites. We are not responsible for the content or practices of linked third-party sites and do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites.

 

Links To Local Hockey Organization Web Pages Hosted On This Site. Our Site located at usahockey.com contains web pages that are controlled (at least in part) by local hockey organizations (e.g., local hockey associations, leagues or teams) that are affiliated with, but not controlled by, USAH. Although USAH provides the tools and space for these local hockey organizations to post content on their web pages, subject to certain guidelines, these local organizations (and not USAH) control the content they post on their web pages. These local hockey organization web pages are provided solely for your convenience. They are not an endorsement by us of the content of such organization web pages. We are not responsible for the content or practices of these organization web pages and do not make any representations or warranties about the content or accuracy of their materials or practices.

 

Submissions. We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to USAH of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in and to the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. USAH will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to USAH, including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

DISCLAIMER OF WARRANTIES. THESE SITES AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, USAH, ITS AFFILIATES AND ITS THIRD PARTY LICENSORS AND VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF ANY INFORMATIONAL CONTENT. CERTAIN STATES DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

You understand and expressly agree that use of our Sites and the Materials is at your sole risk and that these Sites and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of these Sites or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. The Materials may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

LIMITATION OF LIABILITY. IN NO EVENT SHALL USAH, ITS AFFILIATES OR ITS THIRD PARTY LICENSORS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THESE SITES, THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY OF OUR SITES OR THE MATERIALS), OR ANY INFORMATION, GOODS OR SERVICES CONTAINED ON OR OBTAINED THROUGH OUR SITES, EVEN IF USAH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR WARRANTY). CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Indemnification. You agree to defend, indemnify and hold harmless USAH and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys' fees) arising from or relating to your use of any of our Sites or the Materials, material that you post to these Sites or otherwise provide to USAH, or your breach or violation of these Terms. USAH reserves the right to defend any such claim, and you agree to provide USAH with such reasonable cooperation as it may request.

 

Privacy Statement. Be sure to check our Privacy Statement to understand our practices. The Privacy Statement is subject to these Terms and is incorporated by reference herein.  By agreeing to these Terms, you are also consenting to our use of your personal information in accordance with our Privacy Statement.

Notice and Procedure for Claims of Copyright Infringement. We may, at our discretion and in appropriate circumstances, terminate the accounts of users who infringe the rights of copyright holders. If you believe that your work has been copied or used on any of our Sites in a way that constitutes copyright infringement, please provide our Designated Agent with a signed statement containing the following information:

  • a description of the infringing material
  • a description of the copyrighted work(s) that you believe has been infringed;
  • the name of the owner of the copyright,
  • your name,
  • your address, telephone number and/or email address,
  • a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law,
  • a statement that all of the information you have provided is true, and
  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

 

Notification of claims of copyright infringement relating to material on any of our Sites should be sent to the following Designated Agent by mail, facsimile or email as follows:

 

USA Hockey, Inc.

Attn. Director of Internet Communications

1775 Bob Johnson Drive

Colorado Springs, CO 80906-4090

Facsimile No.: 719-538-1160

Email address: comments@usahockey.org.

Children Under the Age of 13.  We recommend that parents and guardians instruct their children on the safe use of these Sites and supervise their children as necessary. An excellent resource for teaching children to use the Internet safely is available at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.  Children under the age of 13 may not purchase items in our online store located at shopusahockey.com, and are not permitted to register on our Sites, or post content on our Sites without the permission of their parent or guardian.  In addition, please see the section of our Privacy Statement applicable to children under the age of 13.  If you are the parent or guardian of a child under the age of 13, you will be sent an e-mail confirming your child’s registration on our Sites. As your child's legal guardian, you are responsible for determining whether the Materials on our Sites are, or are not, appropriate for your child.  You may modify your child’s information or cancel your child’s registration on our Sites at any time by e-mailing us at comments@usahockey.org.

 

Dispute Resolution. These Terms will be governed by the internal laws of the State of Colorado. You agree that any and all disputes, claims and causes of action arising from or relating to these Sites or these Terms may be brought only in a court of competent jurisdiction in Denver, Colorado, and you hereby consent to the jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to these Sites or these Terms shall be resolved individually, without resort to any form of class action.

 

Miscellaneous. These Sites are based in the United States. Access to the Materials or use of these Sites may not be legal by certain persons or in certain countries. If you access these Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions. If any term or provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any term or provision of these Terms will be effective only if it is in writing and signed by USAH. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision. These Terms constitute the entire agreement between the parties pertaining to the subject matter hereof, and cancel and supersede all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. Except as provided above in the Section labeled "Changes to these Terms," no modification of any provision of these Terms shall be valid or binding unless made in writing and signed by an authorized representative of USAH.



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