SPORTS ACADEMY TERMS AND CONDITIONS OF USE OWNERSHIP
SPORTS ACADEMY reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at firstname.lastname@example.org with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the SPORTS ACADEMY website.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of SPORTS ACADEMY or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting SPORTS ACADEMY in writing at Business & Legal Affairs SPORTS ACADEMY at 1011 Rancho Conejo Blvd., Thousand Oaks, CA 91320, or email at email@example.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you becomes the property of SPORTS ACADEMY and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SPORTS ACADEMY sees fit.
If unsolicited submissions are sent to SPORTS ACADEMY via this Site, these submissions become the property of SPORTS ACADEMY and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SPORTS ACADEMY sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SPORTS ACADEMY, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
SPORTS ACADEMY does not endorse and takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. SPORTS ACADEMY reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to sportsacademy.us.
SPORTS ACADEMY reserves the right to immediately terminate your use of, or access to, this Site at any time if SPORTS ACADEMY decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that SPORTS ACADEMY considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify SPORTS ACADEMY of your copyright infringement claim in accordance with the following procedure. SPORTS ACADEMY will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Director of Legal Affairs, SPORTS ACADEMY 1011 Rancho Conejo Blvd., Thousand Oaks, CA, 91320 or e-mail: firstname.lastname@example.org.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent with subject ‘DMCA” to email@example.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
If your content has been removed from the Site in response to SPORTS ACADEMY’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting SPORTS ACADEMY at:
Attn: Director of Legal Affairs
1011 Rancho Conejo Blvd.
Thousand Oaks, CA 91320
Please include the following information:
Your name, address, telephone number and email address;
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction SPORTS ACADEMY would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your written or electronic signature attesting to the above.
DISCLAIMER OF LIABILITY AND WARRANTIES
While SPORTS ACADEMY does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that SPORTS ACADEMY DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that SPORTS ACADEMY, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that SPORTS ACADEMY is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that SPORTS ACADEMY is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. . YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify and hold harmless SPORTS ACADEMY, its parents and affiliates together with their respective franchisees, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
SWEEPSTAKES AND/OR CONTESTS
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by postal mail SPORTS ACADEMY Attn: Legal Department, 1011 Rancho Conejo Blvd., Thousand Oaks, CA, 91320 or to the email address you provide to SPORTS ACADEMY during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SPORTS ACADEMY during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and SPORTS ACADEMY, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SPORTS ACADEMY agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in California, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
You agree that this Agreement and all incorporated agreements may be automatically assigned by SPORTS ACADEMY in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by SPORTS ACADEMY 1011 Rancho Conejo Blvd., Thousand Oaks, CA, 91320.
COPYRIGHTS (C) / TRADEMARKS (™)
(C) SPORTS ACADEMY. All trademarks are owned by SPORTS ACADEMY or are used under license. All rights reserved. All materials contained in SPORTS ACADEMY’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.
How Information is Used
Sports Academy uses the information collected through the Digital Properties to provide you with the products and services that you purchase using the Digital Properties, as well as to provide you with any information that you may request from us. We may use your personal information, amongst other things, in connection with setting up your membership and processing payments for your membership and services (including credit card, debit card and bank account debit (ACH) transactions). We may also use the information collected in order to provide advertisements and promotional information relating to the products and services that we provide or otherwise offer for sale, or for other business related purposes (e.g., data analysis, fraud monitoring and prevention, developing new products and services and improving or modifying the Digital Properties).
We may use all non-personally identifiable information for any purpose authorized by applicable law.
How Information is Shared
In addition to the foraging, Sports Academy reserves the right to disclose your personally identifiable information as required by law and/or when we believe that disclosure is necessary to protect our rights and/or to comply with judicial proceeding, court order or legal process served on the Digital Properties. We may also share information when we have a good faith belief that it is necessary to prevent fraud, or other illegal activity, to prevent imminent bodily harm, or to prevent harm to Sports Academy, the Digital Properties, our members or other individuals. This may include sharing information with other companies, lawyers, courts, or other governmental entities.
We may share all non-personally identifiable information with third parties for any purpose authorized by applicable law.
Your Access to and Control Over Information
You can access and update certain information we may have relating to your online membership account at any time by going to our website and logging into your account.
If you have questions or concerns about any personally identifiable information we have about you or need to update your information, you can also email us at firstname.lastname@example.org, call us at 1-844-RISE(7473)-100 or contact us by mail at the following address 1011 Rancho Conejo Blvd Thousand Oaks, Ca 91320.
Sport Academy takes every precaution to protect your personal information by using industry standard physical, technical and administrative security measures to protect your information. Whenever we collect sensitive information (e.g., credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for the closed lock icon on our website.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g., billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment, and contracts with our third party service provides require them to keep all information confidential.
Notwithstanding the foregoing, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interactions with us are no longer secure (e.g., if you feel that the security of your account has been compromised), please immediately notify us of the problem by calling us at 1-844-RISE(7473)-100. Please note that any emails that you send to us through our Digital Properties are not encrypted. Therefore, you are strongly advised not to communicate any confidential information to us via email.
Privacy of Minors
If you are under 18, you may register and use Sports Academy’s Digital Properties only with the involvement and consent of a parent or legal guardian.
If Sports Academy discovers that personal information has been submitted by a minor without a signed Waiver of Liability & Release of Claims (available on our website) signed by a parent or legal guardian, Sports Academy reserves the right to delete such information. Sports Academy does not knowingly collect, store or share personal information from minors on any of its Digital Properties.