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This website is maintained by The City Sports Network LLC (hereafter also
referred to as "CSN") on behalf of itself and its affiliates (collectively, the
"Company") and its authorized agents (the Company and its authorized agents are
sometimes collectively referred to as "we" or "us"), for use by visitors to the
website ("you").
I. ACCEPTANCE OF TERMS
The information contained in the Site is presented for the purpose of educating
participants on coaching and playing various activities. No activity should be
engaged in without the prior consent of a physician. Further, CSN makes no
claims on the safety or appropriateness of any information found on the site.
Your access and use of this website are subject to the following terms and
conditions and all applicable laws and regulations. Please read these terms
carefully. If you do not agree with all of these Terms and Conditions, do not
access or otherwise use this website or any information contained on the
website.
II. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and other material on this website or
any other website maintained by us, are copyrights, trademarks, trade dress
and/or other intellectual properties owned or licensed by us. No material from
this website or from any other website maintained by us may be copied,
reproduced, republished, uploaded, posted, transmitted, modified, distributed
or publicly displayed, other than for your own use of this website, except as
expressly permitted on this website. Doing so violates our copyright or other
intellectual property rights or such rights of the party who licensed the use
of such materials to us.
You may not remove, alter, or block any copyright or other proprietary notice
on this website or any other website maintained by us. You may not assign,
transfer, sell, lease, rent, charge, distribute, disclose or market to any
third party any materials related to this website or any other website
maintained by us, or otherwise deal in, encumber or infringe upon such
materials, or use such materials on behalf of any third party or make available
such materials to any third party.
All trademarks and service marks are the property of their respective owners.
III. PRIVACY POLICY
See the separate Privacy Policy applicable to this website.
IV. PASSWORD/ACCOUNT PROTECTION AND USE
If applicable, you will receive a password and account designation upon
completing the website registration process. You may provide a password and
account designation only to persons who you obligate to comply with these Terms
and Conditions. If you receive multiple passwords or account designations, you
are responsible for assigning them to persons for whom you are responsible and
are responsible for terminating their passwords and account designations when
you no longer retain responsibility for their use of the password and account
designation you assigned to them. You are responsible for maintaining the
confidentiality of your password and account and are fully responsible for all
activities using your password or account. You agree to (a) immediately notify
us of any unauthorized use of your password or your account or any other breach
of security, and (b) exit from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
Even if your use of this website does not require a password, you agree to
obligate your employees, agents and others in your control to abide by these
Terms and Conditions and you agree to be responsible for their compliance with
these Terms and Conditions.
V. LINKS TO THIRD PARTY WEBSITES
We may provide, or third parties may provide, links to other websites or
resources. Because we have no control over such websites and resources, you
acknowledge and agree that we are not responsible for the availability of such
external sites or resources, and we do not endorse and are not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
we shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any
such website or resource.
VI. NO WARRANTIES - THIS WEBSITE IS PROVIDED "AS-IS"
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Information contained on this website has been prepared as a convenience to its
users and is not intended to constitute advice upon which a user may rely. We
have used reasonable efforts in collecting, preparing and providing quality
information and material, but make no warranty or guarantee about the accuracy,
completeness, or adequacy of the information contained in or linked to this
website or any other website maintained by us. Users relying on information
from this website do so at their own risk.
Furthermore, We do not warrant that files uploaded to the website by its users
are free from potentially harmful viruses, worms, Trojan horses or other types
of code that if downloaded could damage your computer. We will take reasonable
commercial efforts to provide the website to users free of defects. However, in
the event that a defect is discovered, We do not guarantee timelines on when
defects will be corrected, if at all. Users of the CitySportsNet.com website
are responsible for taking the necessary and appropriate actions and procedures
to ensure their data is accurate and protected.
VII. DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US OR THE SERVER(S) THAT MAKES THE
WEBSITES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS THAT INFORMATION AND MATERIALS IN THIS
WEBSITE OR ANY OTHER WEBSITE ARE CORRECT, ACCURATE, TIMELY, RELIABLE, CORRECTLY
SEQUENCED OR OTHERWISE. THE USER (AND NOT US) ASSUMES THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
VIII. EXCLUSIONS/LIMITATIONS
UNDER NO CIRCUMSTANCES, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT OR
NEGLIGENCE, OR IN LAW OR IN EQUITY, SHALL WE BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE IN CONNECTION WITH ANY
ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR UNTIMELINESS OF ANY CONTENT ON
THIS WEBSITE, OR THE USE, INTERRUPTION OF USE, OR INABILITY TO USE THIS
WEBSITE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US,
OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF WE OR AN AUTHORIZED
REPRESENTATIVE OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU MAY BE ABLE TO DOWNLOAD FROM THE SYSTEM ELECTRONIC COMMUNICATIONS SENT AND
RECEIVED AND TO MAINTAIN AND STORE COMMUNICATIONS ON YOUR SYSTEM. UNDER NO
CIRCUMSTANCES SHALL THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US BE
LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF DOWNLOADING OR STORING ELECTRONIC
COMMUNICATIONS.
IX. USE OF COOKIES
A "cookie" is a small piece of information sent by a web server to store in a
web browser so that it can later be read back from that browser. This website
may use cookies to store some personal preferences for your future visits to
this website. They tell us whether you have visited this website before and
help us determine if you came from a particular Internet link or banner
advertisement.
In some cases, we store the information needed to grant you access in a cookie.
Cookies allow the website to recognize you more quickly so your time spent on
this website is more productive. You'll find that cookies are an industry
standard and are used at most major websites in much the same way we use them
in this website.
You can learn more about cookies at http://www.cookiecentral.com/.
X. CONNECTION REQUIREMENTS
You are responsible for providing and maintaining, at your own option and
expense, all hardware, software and communication lines required to access and
use this website. We reserve the right to change the configuration at any time,
so you are encouraged to review these Terms and Conditions regularly.
XI. ACCEPTABLE USE POLICY
The following are not permitted on this website:
Illegal use. Using this website to transmit any material (by email, uploading,
posting, or otherwise) that, intentionally or unintentionally, violates any
applicable local, state, national or international law, or any rules or
regulations promulgated thereunder;
Harm to minors. Using this website to harm, or attempt to harm, minors in any
way;
Threats. Using this website to transmit any material (by email, uploading,
posting, or otherwise) that threatens or encourages bodily harm or destruction
of property;
Harassment. Using this website to transmit any material (by email, uploading,
posting, or otherwise) that harasses another;
Fraudulent activity. Using this website to make fraudulent offers to sell or
buy products, items, or services or to advance any type of financial scam such
as "pyramid schemes," "ponzi schemes," and "chain letters;"
Forgery or impersonation. Adding, removing or modifying identifying network
header information in an effort to deceive or mislead, or attempting to
impersonate any person by using forged headers or other identifying
information;
Unsolicited commercial email/Unsolicited bulk email. Using this website to
transmit any unsolicited commercial email or unsolicited bulk email, or
facilitating unsolicited commercial email or unsolicited bulk email whether or
not that email is commercial in nature;
Unauthorized access. Using this website to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, our security
measures or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data;
Copyright or trademark infringement. Using this website to transmit any
material (by email, uploading, posting, or otherwise) that infringes any
copyright, trademark, patent, trade secret, or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software;
Collection of personal data. Using this website to collect, or attempt to
collect, personal information about third parties without their knowledge or
consent;
Reselling the services. Reselling access, any content or any aspect of this
website without our authorization; and
Network disruptions and unfriendly activity. Using this website for any
activity which adversely affects the ability of other people or systems to use
the website, including "denial of service" attacks against another network host
or individual user, interfering with or disrupting other network users, network
services or network equipment.
We may take any one or more of the following actions in response to actual or
suspected violations above:
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issue warnings: written or verbal;
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suspend posting privileges;
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suspend or terminate the user's account;
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charge the user for administrative costs and/or reactivation charges; or
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bring legal action to enjoin violations and/or to collect damages, if any,
caused by violations.
We may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong.
XII. RIGHT TO MONITOR
We neither actively monitor use of this website under normal circumstances, nor
exercise editorial control over the content of any third party's website,
electronic mail transmission, news group, or other material created or
accessible over or through this website. We reserve the right to remove any
materials that, in our sole discretion, may be illegal, may subject us to
liability, may violate these Terms and Conditions, or are, in our sole
discretion, inconsistent with the purpose for this website.
XIII. TERMINATION
We, in our sole discretion, may terminate (if applicable) your password,
account (or any part thereof) or use of this website, and remove and discard
any content within the website, for any reason, including, without limitation,
for lack of use or if we believe that you have violated or acted inconsistently
with these Terms and Conditions or the purpose of this website. We may also in
our sole discretion and at any time discontinue your access to the website, or
any part thereof, with or without notice. You agree that any termination of
your access to the website under any provision of these Terms and Conditions
may be effected without prior notice, and acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
website. Further, you agree that the we shall not be liable to you or any
third-party for any termination of your access to the website.
XIV. REPRODUCTION OF MATERIALS FOUND ON THIS WEBSITE
You agree to not reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of this website or its contents, except as
expressly permitted by us.
XV. DATA SECURITY
This website has what we believe to be reasonable security measures to protect
the loss, misuse, and alteration of the information under our control. While we
take steps we believe to be reasonable to protect the integrity and security of
our network and systems, we cannot guarantee that our security measures will
prevent third-party "hackers" from illegally obtaining this information.
XVI. MISCELLANEOUS
We may not be qualified to offer for sale in all jurisdictions where this
website is accessible all of the products and services described in this
website. Please contact us at the address below for details.
These Terms and Conditions, the Privacy Policy and the Company's other policies
posted on this website constitute the entire agreement between you and the
Company with respect to your use of this website and may be amended only: (i)
by an authorized officer of the Company "executing a writing" amending these
Terms and Conditions; or (ii) the Company posting a revised statement of these
Terms and Conditions, the Privacy Policy and any other user policies and
agreements. Notice of any revision, amendment, or modification may be posted on
the Company's website and/or on users' start pages and/or by email and/or in
our various publications and mailings to users. Users are deemed to be aware of
and bound by any such changes. We shall not be deemed to have waived any rights
or remedies accruing to it hereunder without "executing a writing" regarding
such waiver. No delay or omission by us in exercising any right shall operate
as a waiver of said right on any future occasion. For purposes hereof and
notwithstanding any law recognizing electronic signatures or records,
"executing a writing" shall mean only an amendment or waiver in a tangible form
bearing an actual "wet" signature in ink manually applied by each party's
authorized representative, unless both parties agree otherwise by making a
specific reference to this Article.
All rights and remedies hereunder shall be cumulative and may be exercised
singularly or concurrently.
This Agreement is governed by Tennessee law without regard to conflict of law
provisions.
The federal and state courts located in Davidson County, Tennessee alone have
jurisdiction over all disputes arising out of or relating to this Agreement and
the website. You consent to the personal jurisdiction of such courts sitting in
the aforementioned State with respect to such matters or otherwise between you
and us, and waive your rights to removal or consent to removal.
Any provision of these Terms and Conditions that by their nature extend beyond
the expiration of this agreement shall survive expiration or termination of
this agreement and shall remain in effect until all such obligations are fully
satisfied.
If any provision of these Terms and Conditions or the application thereof to
any party or circumstances shall, to any extent, now or hereafter be or become
invalid or unenforceable, the remainder of these Terms and Conditions shall not
be affected thereby and every other provision of this Agreement shall be valid
and enforceable, to the fullest extent permitted by law.
XVII. CONTACTING US
If you need to contact us, you may do so at the following addresses:
Mailing Address:
The City Sports Network LLC
Attn: CitySportsNet.com
242 West Main Street
PMB 382
Hendersonville, TN 37075
Fax: (615) 822-0905
Email Inquiries may be directed to customerservice@citysportsnet.com
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