Sports
Line Software's Terms and Conditions of Use - For Program Participants
These
Terms and Conditions of Use - For Program Participants (the "Terms of
Use") apply to
sportslinesoftware.com and registermyathlete.com and to any and all of their
associated websites and subdomains and all things related to the same,
including but not limited to said websites' content, features, functions and
tools (collectively, the "Site"). The Site is the property of Sports
Line Software, LLC ("SLS").
Definitions
The terms "you" and "your" refer to any individual that
accesses and/or uses the Site for any reason (however such terms shall
expressly not include any school or its authorized representative(s) which
access and/or use the Site for any reason). Schools and their authorized
representatives are subject to the Terms and Conditions of Use - For
Schools. The terms "our", "ours", "us" or
"we" refer to SLS.
Binding Effect
By accessing and using the Site you represent and warrant that you FULLY AGREE
AND CONSENT TO THESE TERMS OF USE AND ANY AND ALL AMENDMENTS OR ALTERATIONS
THEREOF MADE BY SLS IN ITS SOLE AND ABSOLUTE DISCRETION. IF YOU DO NOT AGREE,
DO NOT USE THIS SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Privacy Policy
Your use of the Site is subject to SLS's Privacy Policy. Please review our
Privacy Policy which also governs your use of the Site. You shall be
responsible to protect your private and medical information and that of your
minor children, if any, and to abide by all state and federal laws that govern
such information, including any necessary protections for personal information
of minors, when accessing, using and/or as otherwise in any way connected to
the Site.
Electronic Communications
You consent and agree to accept and receive any and all agreements, notices,
disclosures and other communications required or permitted under law and these
Terms of Use in electronic form sent to you via the Site and/or the email
address you specified when creating your account and that such agreements,
notices, disclosures and other communications shall be effective and deemed
given and received on the date of the transmission of each such email and/or
date such are posted on the Site, as the case may be. You agree to send or
transmit any and all agreements, notices, disclosures and other communications
required or permitted under law and these Terms of Use to SLS in writing to PO
Box 565, Providence, Utah 84332, by courier, by certified or registered mail
(postage prepaid and return receipt requested), or by a nationally-recognized
express mail service and that such agreements, notices, disclosures and other
communications shall be effective upon SLS's receipt of such.
Each party may change their email address or mailing address, as the case may
be, for receipt of agreements, notices, disclosures and other communications by
giving proper notice of such change to the other party as specified herein.
Your Account
You are responsible for maintaining the confidentiality of your account, your
account information, and password and for restricting access to your computer,
and you hereby agree to accept responsibility for all activities that occur
under your account or password. You agree not to assign or otherwise transfer
your account to any other person or entity. You acknowledge and agree that SLS
is not responsible for third-party access to your account
that results from theft or misappropriation of your account information and/or
password. SLS has the right to refuse you service, access to or use of the Site
and any and all of SLS's products, services, systems and websites, to terminate
your account, to monitor your account and activities on the Site and any and
all of SLS's products, services, systems and websites, without notice, in our
sole and absolute discretion. If you are under the age of eighteen (18), you
may use the Site only with the permission of a parent or legal
guardian or other authorized school official.
Privacy of children age 12 and under on our website - COPPA Compliance
SLS is committed to providing privacy protection for children who use our
software and sites.
The Children's Online Privacy Protect Act (COPPA), passed by Congress in
October 1998 requires the Federal Trade Commission (FTC) to issue and enforce
rules concerning children's online privacy. The primary goal is to place
parents in control over what information is collected from their child online. SLS
is very serious about compliance with COPPA and has put the following
provisions in place to that end. COPPA defines a child as their age being 12
and under.
- SLS is committed to and is compliant with federal Child Online
Privacy and Protection Act (COPPA - http://www.ftc.gov/ogc/coppa1.htm).
- Children age 12 and under are strictly prohibited from creating an account on
SLS and only parents/guardians are allowed to create an account on the SLS.com
site for children.
- Personal information regarding children age 12 and under is collected from
either the parent or legal guardian and is used to create an account. The
personal information is limited to the name, birth date, gender and email address.
- Only parents or legal guardians of children age 12 and under may create an
account, review the account and manage the online environment for their
children age 12 and under on SLS.
- Children age 12 and under cannot enter any personal identifiable information
on the SLS.com website without their parent's or legal guardian's expressed
permission and consent.
- The user accounts of any child age 12 and under that are created by parents
or legal guardians can only be viewed by SLS staff, parents and school
officials.
- SLS does not share or disclose any personal information with third parties.
- Parents or legal guardians of children age 12 and under can have their
child's personal information deleted from SLS at any time by contacting the
school.
We remind all schools to
follow the HIPAA laws and regulations with respect to protecting and
restricting access to all stored private information.
Registration Fees
All refunds shall be handled by the sponsoring school not by SLS. Processing
Fees (Applies to Online Payments only) Processing fees will be assessed for all
transactions initiated for online payment through Register My Athlete. For payments
processed though this system, you authorize and agree to SLS charging you
processing fees when you register anyone for a particular sport or other
extra-curricular activity, pay the registration fee associated with such, and/or
request a refund of said registration fees in accordance with the most recent
SLS fee schedule. You agree that SLS shall have sole and absolute discretion in
determining any and all amounts of said processing fees, whether said fee
amounts shall change from time to time, when such changes shall take effect and
to whom they are to be applied, without further notice to or consent from you.
You authorize and agree to SLS charging and collecting any and all said
processing fees directly from you, in SLS's sole and absolute discretion. Any
and all processing fees charged and/or collected by SLS shall be and forever
remain SLS's property. Processing fees may include, but are not limited to, any
and all fees, costs, expenses, charges, back charges, back fees, refunds and interest,
of any kind or nature, imposed by or in relations to financial institutions,
credit card companies, online payment processing businesses and merchant
accounts, and any and all other fees imposed and charged by SLS on users of its
services, systems and websites.
International Users
The Site is controlled, operated and administered by SLS from our offices
within the USA. If you access the Site from a location outside the USA, you are
responsible for compliance with all local, state and national laws. You agree
that you will not use the content accessed through the Site in any country or
in any manner prohibited by any
applicable laws, restrictions or regulations or that violate the Terms of Use.
No Unlawful or Prohibited Use/Intellectual Property
You are hereby granted a non-exclusive, non-transferable, revocable license to
access and use the Site strictly in accordance with these Terms of Use. As a
condition of your access and/or use of the Site, you warrant to SLS and
agree that you will not access and/or use the Site for any purpose that is
unlawful or prohibited by these Terms of Use. SLS shall have the right to
preclude anyone's involvement with the Site whom may, in SLS's sole and absolute
determination, violate any federal or state law, or rule or regulation. You may
not access and/or use the
Site in any manner which could damage, disable, overburden, or impair the Site
or interfere with any other party's access and/or use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Site. All
content included as part of the Site, such as text, graphics, logos, images, as
well as the compilation thereof,
and any software used on the Site, is the property of SLS or its suppliers and
is protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. Site content is not for
resale. Your access and/or use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use and in accordance
with these Terms of Use and will make no other use of the Site's content
without the express written permission of SLS and the copyright owner. You
agree that you do not acquire any ownership rights in any protected Site
content. We do not grant you any licenses, express or implied, to the
intellectual property of SLS or our licensors except as expressly authorized by
these Terms of Use.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of SLS and SLS is not responsible for
the contents of any Linked Sites, including, without limitation, any link
contained in Linked Sites, or any changes or updates to Linked Sites. SLS is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by SLS of the Linked Sites or any
association with the Linked Sites' owners or operators. Some services provided
through the Site may be processed by or transferred to third-party sites and
organizations.
By accessing and/or using any product, service or functionality originating
from the Site, you hereby acknowledge and consent that SLS may share such
information and data with any third-party with whom SLS deems appropriate, in
its sole and absolute discretion, including, without limitation, those whom it
has a contractual relationship with to provide the requested product, service
or functionality on behalf of Site users and customers.
Third-Party Items Purchased Through the Site
If you purchase any merchandise and/or service from a third-party through the
Site, you understand, agree and acknowledge that the merchandise and services
purchased are not our property or our services. We are simply allowing the third
parties to post such for sale on the Site. We make no warranty or
representation of any kind regarding the merchandise or services you purchase
through the Site from the third-parties, or the status or fulfillment of the
order. We do not inventory the merchandise, fulfill your orders, ship the
merchandise or perform the services. Although the Site collects payment from
you for your purchase of such, if you seek any reimbursement or any other
compensation of any kind related in any way to a third-parties' merchandise and
services you purchase through the Site, your sole means of recourse is directly
from the third-party. If you have
any problems with the merchandise and services you purchase, please contact the
third-party. You agree to hold us entirely harmless and to indemnify and defend
us regarding any and all merchandise and services you purchase from a
third-party through the Site. In particular, you agree to indemnify, defend and
hold harmless SLS, its officers, directors, employees, agents, third-parties,
successors and assignees from any and all claims, demands, rights, titles,
interests, causes of action, suits, proceedings, contracts, agreements,
promises, covenants, warranties, representations, duties, obligations,
liabilities, compensation, losses, costs, expenses, attorney fees and costs,
taxes,
sums of money, lost profits, wages and business, and damages of any kind or
nature, whether now known or unknown, foreseen or unforeseen, now existing or
which may hereafter arise, or are in any way connected to the merchandise and/or
services you purchase from third-parties through the Site. All of the
indemnification, liability
limitations, disclaimers and other provision of this Terms of Use apply to each
and every piece of merchandise and service you purchase from a third-party
through the Site. You are responsible for any and all taxes and shipping costs
owed for the purchase of merchandise and services from third parties through
the Site.
Indemnification
You agree to indemnify, defend and hold harmless SLS, its officers, directors,
employees, agents, third-parties, successors and assignees from any and all
claims, demands, rights, titles, interests, causes of action, suits, proceedings,
contracts, agreements, promises, covenants, warranties, representations,
duties, obligations, liabilities, compensation, losses, costs, expenses,
attorney fees and costs, taxes, sums of money, lost profits, wages and business,
and damages of any kind or nature, whether now known or unknown, foreseen or
unforeseen, now existing or which may hereafter arise, or are in any way
connected to the services, products, information, content,
features, functions, tools, systems, graphics and websites (including without
limitation the Site), and/or systems that SLS and its employees, agents and
independent contractors offer and/or provide (and offer and/or provide on behalf
of third-parties) to, are purchased, accessed and/or used by, and/or are relied
upon by you, including but not
limited to system and operational failures, malfunctions, delays, and other
errors which may occur from time to time, your violation of any the Terms of
Use, your violation of any rights of a third-party, or your violation of any applicable
laws, rules or regulations. In the event that you are required to defend SLS,
SLS shall have the right to select and direct the counsel that shall represent
it, which counsel may represent both you and SLS if SLS consents to such, which
consent may be withdrawn at any time, thereby requiring both parties to be
represented by separate counsel at your expense.
Liability Limitation
IN NO EVENT SHALL SLS BE LIABLE TO YOU OR YOUR EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS
OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED IN ANY WAY WITH YOU UNDER ANY
THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY DAMAGE, CLAIM, LOSS (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA,
PROFITS, SALES OR BUSINESS), DAMAGES (INCLUDING WITHOUT LIMITATION EXEMPLARY,
PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, OR CONSEQUENTIAL DAMAGES), OR
ANY OTHER DAMAGE OF ANY KIND OR NATURE, (ALL AND EACH OF WHICH ARE HEREBY
EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT SLS OR YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, SUCH
ARE NOT ASSUMED BY SLS), WHETHER NOW KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN,
NOW EXISTING OR WHICH MAY HEREAFTER ARISE, OR ARE IN ANY WAY CONNECTED TO THE
SERVICES, PRODUCTS, INFORMATION, CONTENT, features, functions, tools, SYSTEMS,
GRAPHICS AND WEBSITES (including without limitation the Site) THAT SLS AND ITS EMPLOYEES,
AGENTS AND INDEPENDENT CONTRACTORS OFFER AND/OR PROVIDE (and offer
and/or provide on behalf of third-parties) TO, ARE PURCHASED, accessed and/or
USED BY, AND/OR RELIED UPON ON BY YOU OR YOUR EMPLOYEES, AGENTS, INDEPENDENT
CONTRACTORS OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED IN ANY WAY WITH YOU.
You further agree that SLS shall not be liable for its system or websites'
failures or delay when such are the result of an Act of God (including but not
limited flood, fire, earthquake, hurricane, storm or other natural disaster),
war, invasion, hostilities, civil war, acts of foreign enemies, terrorist
activities, rebellion, insurrection, revolution, military or usurped power or
confiscation, government sanction, blockage, labor disputes, strikes, lockouts,
embargo, acts of financial institutions service providers, change in laws,
rules, regulations or decrees of governmental authorities or agencies, or other
or interruption or failure of electricity, internet or telephone services, or
power shortages, blackouts or fluctuations.
Disclaimer
THE SERVICES, PRODUCTS, INFORMATION, CONTENT, features, functions, tools,
SYSTEMS, GRAPHICS AND WEBSITES (including without limitation the Site) THAT SLS
AND ITS EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS OFFER AND/OR PROVIDE (and
offer and/or provide on behalf of third-parties) TO, ARE PURCHASED, accessed
and/or USED BY, AND/OR RELIED UPON ON BY
YOU OR YOUR EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, PROGRAM PARTICIPANTS OR
ANY OTHER INDIVIDUAL OR ENTITY CONNECTED IN ANY WAY WITH YOU, ARE DONE SO ON AN
"AS IS," "AS AVAILABLE" BASIS. SLS SPECIFICALLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS, IMPLIED OR
STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF TITLE, TITLE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE SAME. SLS
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE SERVICES, PRODUCTS, INFORMATION, CONTENT,
features, functions, tools, SYSTEMS, GRAPHICS AND WEBSITES (including without
limitation the Site) FOR ANY PURPOSE.
Changes to the Site and Business Operations
SLS shall have the sole and absolute discretion and right to modified or remove
content from and/or shutdown the Site and/or its business operates, methods and
manners, in anyway and at any time SLS deem appropriate, including but not limited
to as required by law, rules, regulations, or financial institutions, without
prior notice to you and without your consent. In the event that SLS is notified
of any violation of laws, rules or regulations relating to you, SLS shall have
the right in its sole and absolute discretion, without liability to you for any
damages of any kind or nature, including without limitation special or
consequential damages, to immediately terminate your use of and/or access to
the Site and its content.
Jurisdiction
These Terms of Use and all matters relating thereto shall be interpreted,
governed, controlled, defined and enforced by, under and according to the laws
of the State of Utah, without reference to principles of conflict of law, and
you consent to the jurisdiction and venue of any appropriate court in the State
of Utah to resolve such disputes.
Use of the Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these Terms of Use. If any provision of these Terms of Use
is, for any reason, held to be invalid or unenforceable, the other provisions shall
be unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and
enforceable to the maximum extent permitted by law. A printed version of these
Terms of Use and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these Terms of
Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is your express wish that these Terms of Use and all related documents be
written in English.
Relationship of the Parties
The products, work and services provided by SLS and its employees and agents to
you are done so as independent contractors and not as your employees, such
shall in no way render SLS or its employees and agents, partners, franchisees,
or parties to a joint venture with you. SLS acknowledges that except as
expressly contained in these
Terms of Use, SLS and its employees and agents have no rights, privileges,
powers or benefits provided to your employees. You shall not withhold from sums
becoming payable to SLS hereunder, any amounts for state or federal income tax
or for FICA taxes. SLS is solely responsible for all state and federal taxes
and social security
payments applicable to money received for products, work and services provided
to you. Except as expressly contained in these Terms of Use, SLS hereby waives
any and all claims to benefits otherwise provided to your employees, including
without limitation vacation pay, sick leave, retirement benefits or
unemployment benefits. SLS is retained by you only for the purposes and to the
extent set forth in these Terms of Use.
SLS and its employees and agents have the sole right to control and direct the
means, manner and method by which services will be performed. SLS and its
employees and agents are free to dispose of such portion of their time, energy
and skill during regular business hours as they see fit and to such persons and
entities as they deem advisable. Subject to applicable law, SLS and its
employees and agents have the right to perform all services at any place or
location. Nothing in these Terms of Use shall be construed to interfere with or
otherwise affect the rendering of services by SLS and its employees and agents
in accordance with their independent and professional judgment. Services SLS
provides are on a best effort basis. SLS, in its sole and absolute discretion,
may engage, at any time, in any business or perform any services for other
persons or businesses.
Waiver to Any Term
Any waiver by any party of any provision hereof shall be valid only in the
instance for which it is given, and shall not be deemed a continuing waiver of
said provision, nor shall it be construed as a waiver of any other provision hereof.
Changes to Terms of Use
SLS reserves the right, in its sole discretion, to change the Terms of Use
under which the Site is offered. The most current version of the Terms of Use
will supersede all previous versions. SLS encourages you to periodically review
the Terms of Use to stay informed of our updates.
Attorney Fees and Costs
In the event that you are in default or breach of these Terms of Use, you shall
be liable to pay all reasonable attorney fees, costs and other related
collection costs and expenses incurred by SLS in prosecuting its rights hereunder,
including such fees and costs on appeal.
Entire Agreement
These Terms of Use constitute and represent the entire, final, complete and
exclusive agreement between the parties hereto with respect to the subject
matter hereof, and all other prior agreements, covenants, promises and conditions,
verbal or written, between these parties are superseded and merged herein. No
party hereto has relied
upon any other promise, representation or warranty, as pertaining to the
subject matter hereof, other than those contained herein. If there is any
conflict between the Terms of Use and the Privacy Policy, the Terms of Use
shall control. All of the terms, conditions, obligations and covenants of these
Terms of Use shall be binding upon you and shall
inure to the benefit of your successors, legal representatives, heirs and
assigns.
Reviewer's/User's Authority
You represent that you are of legal age, sound mind and competent to enter into
a legally-binding transaction, and that you have been advised to seek legal
counsel before agreeing to these Terms of Use and that you freely, voluntarily
and without duress or undue force, pressure or influence, agree to these Terms
of Use, and that you
recognize the legal significance of the same and agree to be bound by the Terms
of Use.
Feedback and Information
Any feedback you provide at this Site shall be deemed to be non-confidential.
SLS shall be free to use such information on an unrestricted basis. The
information contained in this website is subject to change without notice.
© Copyright 2013-2020 Sports Line Software, LLC. All rights reserved.
Last updated: January 13, 2020.
Sports
Line Software’s Terms and Conditions of Use — For Schools
These Terms and Conditions of Use – For Schools (the “Terms of Use”) apply to
sportslinesoftware.com and registermyathlete.com and to any and all of their
associated websites and subdomains and all things related to the same,
including but not limited to said websites’ content, features, functions and
tools (collectively, the “Site”). The Site is the property of Sports Line
Software, LLC (“SLS”).
Definitions
The terms “you” and “your” refer to any school and/or their authorized
representative(s) that access and/or use the Site for any reason, including but
not limited to posting merchandise and/or services for sale through the Site.
The terms “our”, “ours”, “us” or “we” refer to SLS.
Binding Effect
BY ACCESSING AND USING THE SITE YOU REPRESENT AND WARRANT THAT YOU FULLY AGREE AND
CONSENT TO THESE TERMS OF USE AND ANY AND ALL AMENDMENTS OR ALTERATIONS THEREOF
MADE BY SLS IN ITS SOLE AND ABSOLUTE DISCRETION. IF YOU DO NOT AGREE, DO NOT
USE THIS SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
Privacy Policy
Your use of the Site is subject to SLS's Privacy Policy. Please review our
Privacy Policy which also governs your use of the Site. You shall be
responsible to protect private and medical information of parents and students
and to abide by all state and federal laws that govern such information,
including any necessary protections for personal information of minors, when
accessing, using and/or as otherwise in any way connected to the Site.
Electronic Communications
You consent and agree to accept and receive any and all agreements, notices,
disclosures and other communications required or permitted under law and these
Terms of Use in electronic form sent to you via the Site and/or the email
address you specified when creating your account and that such agreements,
notices, disclosures and other communications shall be effective and deemed
given and received on the date of the transmission of each such email and/or
date such are posted on the Site, as the case may be. You agree to send or
transmit any and all agreements, notices, disclosures and other communications
required or permitted under law and these Terms of Use to SLS in writing to PO
Box 565, Providence, Utah 84332, by courier, by certified or registered mail
(postage prepaid and return receipt requested), or by a nationally recognized express
mail service and that such agreements, notices, disclosures and other
communications shall be effective upon SLS’s receipt of such.
Each party may change its email address or mailing address, as the case may be,
for receipt of agreements, notices, disclosures and other communications by
giving proper notice of such change to the other party as specified herein.
Your Account
You are responsible for maintaining the confidentiality of your account, your
account information, and passwords and for restricting access to your
computers, accounts, and you hereby agree to accept responsibility for all activities
that occur under your accounts or passwords. You agree not to assign or
otherwise transfer your accounts to any other person or entity. You acknowledge
and agree that SLS is not responsible for third-party access to your accounts
that results from theft or misappropriation of your accounts information and/or
passwords. SLS has the right to refuse you service, access to or use of the Site
and any and all of SLS’s products, services, systems and websites, to terminate
your accounts, to monitor your accounts and activities on the Site and any and
all of SLS’s products, services, systems and websites, without notice, in our
sole and absolute discretion. You agree to maintain HIPAA and COPPA compliance
standards at all times. SLS is committed to comply with the federal Child
Online Privacy and Protection Act (COPPA – http://www.ftc.gove/ogc/copa1.htm).
Account Information
SLS may create an account in your behalf with a third-party financial
institution in order to process online payments/donations. SLS will collect
bank routing number, bank account number, EIN and other information in order to
facilitate online payments through our secure processing provider.
Registration Fees
You agree to be solely responsible for and agree to timely specify and update
the amounts of any and all registration fees associated with each and every
sport and other extra-curricular program for which you access and/or use the
Site and SLS’s other products, services, systems and websites. You authorize and
agree to SLS charging and collecting any and all registration fees directly
from your program participants in accordance with the most recent fee schedule
submitted by you to us.
Refunds
All refunds will be handled through the school. If the school requests a refund
through SLS, the refund will be issued for the original amount less any
processing fees. In the event that SLS is the responsible party, processing fees
will be refunded.
Processing Fees
You authorize and agree to SLS charging you processing fees when any program
participant registers anyone for a particular sport or other extra-curricular
activity, pays the registration fee associated with such, and/or is refunded said
registration fees in accordance with the most recent SLS fee schedule. You
agree that SLS shall have sole and absolute discretion in determining any and
all amounts of said processing fees, whether said fee amounts shall
change from time to time, when such changes shall take effect and to whom they
are to be applied, without further notice to or consent from you or your
program participants. You authorize and agree to SLS charging and collecting
any and all said processing fees directly from you or your program
participants, in SLS’s sole and absolute discretion. Any and all processing
fees charged and/or collected by SLS shall be and forever remain SLS’s
property. Processing fees may include, but are not limited to, any and all
fees, costs, expenses, charges, back charges, back fees, refunds and interest,
of any kind or nature, imposed by or in relations to financial institutions,
credit card companies, online payment processing businesses and merchant
accounts, and any and all other fees imposed and charged by SLS on users of its
services, systems and websites.
Distribution of Funds
All distributions of funds by SLS to you shall be by electronic funds transfer
to the bank account you designated when you created your account.
International Users
The Site is controlled, operated and administered by SLS from our offices within
the USA. If you access the Site from a location outside the USA, you are
responsible for compliance with all local, state and national laws. You agree
that you will not use the content accessed through the Site in any country or
in any manner prohibited by any applicable laws, restrictions or regulations or
that violate the Terms of Use.
No Unlawful or Prohibited Use/Intellectual Property
You are hereby granted a non-exclusive, non-transferable, revocable license to
access and use the Site strictly in accordance with these Terms of Use. As a
condition of your access and/or use of the Site, you warrant to SLS and agree
that you will not access and/or use the Site for any purpose that is unlawful
or prohibited by these Terms of Use. SLS shall have the right to preclude
anyone's involvement with the Site who may, in SLS’s sole and absolute
determination, violate any federal or state law, or rule or regulation. You may
not access and/or use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's access and/or
use and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Site. All content included as part of the Site, such
as text, graphics, logos, images, as well as the compilation thereof, and any
software used on the Site, is the property of SLS or its suppliers and is
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto. You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the content, in whole or in part, found on the
Site. Site content is not for resale. Your access and/or use of the Site does
not entitle you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use and in
accordance with these Terms of Use, and will make no other
use of the Site’s content without the express written permission of SLS and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected Site content. We do not grant you any licenses, express or implied,
to the intellectual property of SLS or our licensors except as expressly
authorized by these Terms of Use.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites ("Linked Sites") or
Logos from corporate sponsors. The Linked Sites are not under the control of
SLS and SLS is not responsible for the contents of any Linked Sites, including,
without limitation, any link contained in Linked Sites, or any changes or
updates to Linked Sites. SLS is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by SLS of
the
Linked Sites or any association with the Linked Sites’ owners or operators.
Some services provided through the Site may be processed by or transferred to
third-party sites and organizations. By accessing and/or using any product,
service or functionality originating from the Site, you hereby acknowledge and
consent that SLS may share such information and data with any third-party with
whom SLS deems appropriate, in its sole and absolute
discretion, including, without limitation, those whom it has a contractual
relationship with to provide the requested product, service or functionality on
behalf of Site users and customers.
Third-Party Items Purchased Through the Site
If you purchase any merchandise and/or service from a third-party through the
Site, you understand, agree and acknowledge that the merchandise and services
purchased are not our property or our services. We are simply allowing the third
parties to post such for sale on the Site. Any merchandise or services sold
through the Site are between the user and the third-party. Consequently, SLS
will not be responsible for any disputes arising from these sales. We make no
warranty or representation of any kind regarding the merchandise or services
you purchase through the Site from the third-parties, or the status or
fulfillment of the order. We do not inventory the merchandise, fulfill your
orders, ship the merchandise or perform the services. Although the Site
collects payment from you for your purchase of such, if you seek any
reimbursement or any other compensation of any kind related in anyway to a
third-parties’ merchandise and services you purchase through the Site, your
sole means of recourse is directly from the third-party. If you have any
problems with the merchandise and services you purchase, please contact the third-party.
Liability Limitation
IN NO EVENT SHALL SLS BE LIABLE TO YOU OR YOUR EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS,
PROGRAM PARTICIPANTS OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED IN ANY WAY
WITH YOU UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY DAMAGE, CLAIM, LOSS (INCLUDING WITHOUT LIMITATION LOSS
OF USE, DATA, PROFITS, SALES OR BUSINESS), DAMAGES (INCLUDING WITHOUT
LIMITATION EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, OR CONSEQUENTIAL
DAMAGES), OR ANY OTHER DAMAGE OF ANY KIND OR NATURE, (ALL AND EACH OF WHICH ARE
HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT SLS OR
YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, SUCH ARE NOT ASSUMED BY
SLS), WHETHER NOW KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, NOW EXISTING OR
WHICH MAY HEREAFTER ARISE, OR ARE IN ANY WAY CONNECTED TO THE SERVICES,
PRODUCTS, INFORMATION, CONTENT, FEATURES, FUNCTIONS,
TOOLS, SYSTEMS, GRAPHICS AND WEBSITES (INCLUDING WITHOUT LIMITATION THE SITE) THAT
SLS AND ITS EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS OFFER AND/OR PROVIDE
(AND OFFER AND/OR PROVIDE ON BEHALF OF THIRD-PARTIES) TO, ARE PURCHASED, ACCESSED
AND/OR USED BY, AND/OR RELIED UPON ON BY YOU OR YOUR EMPLOYEES, AGENTS,
INDEPENDENT CONTRACTORS, PROGRAM PARTICIPANTS OR ANY OTHER INDIVIDUAL OR ENTITY
CONNECTED IN ANY WAY WITH YOU. You further agree that SLS shall not be liable
for its system or websites’ failures or delay when such are the result of an
Act of God (including but not limited flood, fire, earthquake, hurricane, storm
or other natural disaster), war,
invasion, hostilities, civil war, acts of foreign enemies, terrorist
activities, rebellion, insurrection, revolution, military or usurped power or
confiscation, government sanction, blockage, labor disputes, strikes, lockouts,
embargo, acts of financial institutions service providers, change in laws,
rules, regulations or decrees of governmental authorities or agencies, or other
or interruption or failure of electricity, internet or telephone services, or
power shortages, blackouts or fluctuations.
Disclaimer
THE SERVICES, PRODUCTS, INFORMATION, CONTENT, FEATURES, FUNCTIONS, TOOLS,
SYSTEMS, GRAPHICS AND WEBSITES (INCLUDING WITHOUT LIMITATION THE SITE) THAT SLS
AND ITS EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS OFFER AND/OR PROVIDE (AND
OFFER AND/OR PROVIDE ON BEHALF OF THIRD-PARTIES) TO, ARE PURCHASED, ACCESSED
AND/OR
USED BY, AND/OR RELIED UPON ON BY YOU OR YOUR EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS,
PROGRAM PARTICIPANTS OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED IN ANY WAY
WITH YOU, ARE DONE SO ON AN "AS IS," "AS AVAILABLE" BASIS.
SLS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES
OF TITLE, TITLE, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND
FITNESS FOR A
PARTICULAR PURPOSE IN RELATION TO THE SAME. SLS MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, PRODUCTS, INFORMATION, CONTENT,
FEATURES, FUNCTIONS, TOOLS, SYSTEMS, GRAPHICS AND WEBSITES (INCLUDING WITHOUT
LIMITATION THE SITE) FOR ANY PURPOSE.
Items You Post For Sale on the Site
If you post any merchandise or service for sale on the Site, you agree to the
following: We make no warranty or representation of any kind regarding the
merchandise or services you sell through the Site, or the status or fulfillment
of orders. We do not inventory the merchandise, fulfill your orders, or ship
the merchandise. We do not own your merchandise. We are simply allowing you to
post your merchandise for sale on the Site. You agree that
should the purchaser have any concerns regarding the merchandise, you will work
directly with the purchaser. We have no responsibility to field questions, or
address or convey their concerns to you regarding items or services they
purchase from you through the site. You agree that the purchaser’s sole means
of recourse is to work directly with you and that if the purchaser seeks to be
reimbursed in anyway, they shall obtain it from you. If you request
reimbursement from SLS, they may refund the original amount minus the
processing fees previously charged.
Changes to the Site and Business Operations
SLS shall have the sole and absolute discretion and right to modify or remove
content from and/or shut down the Site and/or its business operations, methods
and manners, in any way and at any time SLS deem appropriate, including but not
limited to as required by law, rules, regulations, or financial institutions,
without prior notice to you and without your consent. In the event that SLS is
notified of any violation of laws, rules or regulations relating to you, SLS
shall have the right in its sole and absolute discretion, without liability to
you for any damages
of any kind or nature, including without limitation special or consequential
damages, to immediately terminate your use of and/or access to the Site and its
content.
Jurisdiction
These Terms of Use and all matters relating thereto shall be interpreted,
governed, controlled, defined and enforced by, under and according to the laws
of the State of Utah, without reference to principles of conflict of law, and
the parties hereto consent to the jurisdiction and venue of any appropriate
court in the State of Utah to resolve such disputes. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms of Use. If any provision of these Terms of Use is, for any
reason, held to be invalid or unenforceable, the other provisions shall be
unimpaired and the invalid or unenforceable provision will be deemed modified
so that it is valid and enforceable to the maximum extent permitted by law. A
printed version of these Terms of Use and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to these Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is your express wish that these Terms of Use and
all related documents be written in English.
Relationship of the Parties
The products, work and services provided by SLS and its employees and agents to
you are done so as independent contractors and not as your employees, such
shall in no way render SLS or its employees and agents, partners, franchisees,
or parties to a joint venture with you. SLS acknowledges that except as
expressly contained in these Terms of Use, SLS and its employees and agents
have no rights, privileges, powers or benefits provided to your
employees. You shall not withhold from sums becoming payable to SLS hereunder,
any amounts for state or federal income tax or for FICA taxes. SLS is solely responsible
for all state and federal taxes and social security payments applicable to
money received for products, work and services provided to you. Except as
expressly contained in these Terms of Use, SLS hereby waives any and all claims
to benefits otherwise provided to your
employees, including without limitation vacation pay, sick leave, retirement
benefits or unemployment benefits. SLS is retained by you only for the purposes
and to the extent set forth in these Terms of Use. SLS and its employees and
agents have the sole right to control and direct the means, manner and method
by which services will be performed. SLS and its employees and agents are free
to dispose of such portion of their time, energy and skill during regular
business hours as they see fit and to such persons and entities as they deem
advisable. Subject to applicable law, SLS and its employees and agents have the
right to perform all services at any place or location. Nothing in these Terms
of Use shall be construed to interfere with or otherwise affect the rendering
of services by SLS and its employees and agents in accordance with their
independent and professional judgment. Services SLS provides are on a best
effort basis. SLS, in its sole and absolute discretion, may engage, at any
time, in any business or perform any services for other persons or businesses.
Waiver to Any Term
Any waiver by any party of any provision hereof shall be valid only in the
instance for which it is given, and shall not be deemed a continuing waiver of
said provision, nor shall it be construed as a waiver of any other provision hereof.
Changes to Terms of Use
SLS reserves the right, in its sole discretion, to change the Terms of Use
under which the Site is offered. The most current version of the Terms of Use
will supersede all previous versions. SLS encourages you to periodically review
the Terms of Use to stay informed of our updates.
Attorney Fees and Costs
In the event that either party is in default or in breach of these Terms of
Use, the defaulting party shall be liable to pay all reasonable attorney fees,
costs and other related collection costs and expenses incurred by the non-defaulting
party.
Entire Agreement
These Terms of Use constitute and represent the entire, final, complete and exclusive
agreement between the parties hereto with respect to the subject matter hereof,
and all other prior agreements, covenants, promises and conditions, verbal or
written, between these parties are superseded and merged herein. No party
hereto has relied upon any other promise, representation or warranty, as
pertaining to the subject matter hereof, other than those contained herein. If
there is any conflict between the Terms of Use and the Privacy Policy, the
Terms of Use shall control. All of the terms, conditions, obligations and
covenants of these Terms of Use shall be binding upon you and shall inure to
the benefit of your successors, legal representatives, heirs and assigns. Reviewer’s/User’s
Authority
You represent that you are of legal age, sound mind and competent to enter into
a legally-binding transaction, that you are authorized to bind and do bind the
school to these Terms of Use, and that you have been advised to seek legal
counsel before agreeing to these Terms of Use and that you freely, voluntarily
and without duress or undue force, pressure or influence, agree to these Terms
of Use on behalf of the school, and that the school recognizes the legal
significance of the same and agrees to be bound by the Terms of Use.
Feedback and Information
Any feedback you provide at this Site shall be deemed to be non-confidential.
SLS shall be free to use such information on an unrestricted basis. The
information contained in this website is subject to change without notice.