This page states the terms and conditions ("Terms
and Conditions") under which you may use this website
("Website"). Please read this page carefully.
If you do not accept these Terms and Conditions, do
not use this Website. Use by you of this Website indicates
your agreement to these Terms and Conditions. TennisWebs,
Inc. ("TennisWebs") may revise these Terms
and Conditions at any time by updating this page. Because
the Terms and Conditions are binding on you in connection
with any use you make of this Website, you are advised
to periodically review this page for changes to the
Terms and Conditions.
Intellectual Property. The contents of this Website,
including, without limitation, all text, graphics, images,
designs, layouts, software, trademarks, service marks
and other materials are the exclusive property of TennisWebs,
are protected by copyright and other intellectual property
laws, and are provided for personal, non-commercial
use only. No portion of any such materials may be reproduced,
copied, edited, adapted, displayed, published, distributed,
retransmitted or used in any manner other than as contemplated
herein without TennisWebss advance written consent.
Proper Usage. You agree to submit to this Website only
material that is proper, lawful and related to the purposes
of this Website. You agree that you will not, and will
not permit others to, submit any material to this Website
that: (i) infringes any intellectual property, privacy
or publicity rights of a third party, (ii) is obscene,
defamatory, threatening, harassing, abusive, hateful
or embarrassing to a third party, or (iii) is an advertisement
or solicitation of business (unless otherwise permitted
in advance in writing by TennisWebs). TennisWebs reserves
the right to remove without notice any contents of this
Website received from any source. TennisWebs further
reserves the right in its sole discretion to suspend
or terminate any person's, community or team's access
to or usage of this Website or any portion thereof.
Submissions. Other than as specifically set forth in
TennisWebs's Privacy and Security Policy, any material,
information or communication you submit to this Website
will be considered nonconfidential. By submitting material,
information or communications to this Website (other
than personal information addressed by TennisWebss
Privacy and Security Policy), you automatically grant
to TennisWebs a royalty-free, perpetual, irrevocable,
nonexclusive license to use, reproduce, modify, publish,
edit, translate, distribute and display any such material,
information or communication alone or as part of another
work in any form, media or technology, whether now known
or hereafter developed.
Remedial Measures. You acknowledge that this Website
functions in part as a conduit for the receipt, storage,
processing and transmission of user submissions. TennisWebs
does not monitor, exercise control over, or provide
any substantive review, evaluation, or assessment of
any such submissions. If notified of submissions which
allegedly violate these Terms and Conditions or applicable
law, TennisWebs may investigate the allegation and determine
in its sole discretion whether to remove or request
the removal of the submission in question; provided,
however, that TennisWebs has no liability or responsibility
to users or any other party for performance or nonperformance
of any such activities.
Links to Other Sites. Any links to third-party websites
contained on this Website are provided solely as a convenience
to you. TennisWebs makes no warranties or representations
whatsoever regarding any such linked site.
Warranty Disclaimer. TennisWebs HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE WEBSITE, ANY
PARTS OF THE WEBSITE, AND ANY INFORMATION STORED ON
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Without limiting the generality of the preceding sentence,
TennisWebs specifically does not warrant that the operation
of, or access to, the Website will be uninterrupted
or error-free, that all Website errors will be corrected,
that the information on the Website is accurate, reliable,
complete or timely, or that the Website and its server
are virus-free.
Limitation of Liability. IN NO EVENT SHALL TennisWebs
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS
INTERRUPTION, AND/OR LOST INFORMATION), WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE
OR INFORMATION CONTAINED ON THIS WEBSITE, AND WHETHER
OR NOT TennisWebs HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED
UPON TennisWebs NOTWITHSTANDING THE PRECEDING LIMITATION,
YOU AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED
THE LESSER OF ACTUAL DAMAGES OR $100.
Indemnification of TennisWebs. You agree to defend,
indemnify and hold harmless TennisWebs, its officers,
directors, employees and agents, from and against any
claims, actions, demands, losses, liabilities, costs
or expenses, including, without limitation, reasonable
legal and accounting fees, resulting from or arising
out of your breach of these Terms and Conditions, your
use of this Website, or any materials or information
you submit to this Website.
USTA and ALTA . USTA and ALTA are registered service
marks owned by the respective entities operating under
such marks. The use of such marks on this Website is
for informational purposes only and is not intended
to imply or indicate any sponsorship, affiliation, endorsement
or other relationship between such parties and TennisWebs.
Miscellaneous. These Terms and Conditions are governed
by the internal substantive laws of the State of Georgia,
excluding its conflict of laws principles. These Terms
and Conditions are severable, such that the invalidity,
in whole or in part, of any term or provision contained
herein shall not affect the validity of any other term
or provision contained herein. Any such invalid term
or provision shall be enforceable to the maximum extent
permitted under applicable law. No failure or delay
by TennisWebs in exercising any right hereunder shall
operate as a waiver thereof and any written waiver in
a given instance shall not be deemed to be a continuing
waiver of any such right. All waivers by TennisWebs
must be embodied in a written document signed by TennisWebs.
In the event of any dispute arising out of or relating
to these Terms and Conditions or your use of or access
to this Website, you agree that any litigation resulting
therefrom must be brought in state or federal court
in Cherokee County, Georgia.
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