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Terms & Conditions

The following are terms of a legal agreement between you and Sirius Software, Inc. and TennisRecruiting.net ("TennisRecruiting"). By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Website.

This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. TennisRecruiting may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

TennisRecruiting assumes no responsibility regarding the accuracy of the information that is provided by TennisRecruiting and use of such information is at the recipient's own risk. TennisRecruiting provides no assurances that any reported problems may be resolved with the use of any information that TennisRecruiting provides. By furnishing information, TennisRecruiting does not grant any licenses to any copyrights, patents or any other intellectual property rights.

TennisRecruiting does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to TennisRecruiting will be deemed NOT to be confidential. By sending TennisRecruiting any information or material, you grant TennisRecruiting an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that TennisRecruiting is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Learn more about TennisRecruiting Privacy Practices.

OWNERSHIP

TennisRecruiting owns or has the right to use all of the data, information, text, images, streaming media, video, sounds, icons, and other content contained on this website (the "Content"), and the copyrights and other intellectual property rights therein, unless otherwise noted. You may review, download, and/or print one copy of the Content of this website, but you may not make more than one copy of such Content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the Content of this Website on your own or any other website, or make any other use of it. Such copying, modification, distribution or transmission, display, or use is a breach of this Agreement and infringes TennisRecruiting's copyrights, copyrights licensed to TennisRecruiting, rights of privacy and publicity of TennisRecruiting members and others, trademark rights, and other intellectual property rights owned or licensed by TennisRecruiting.

Trademarks and service marks owned by TennisRecruiting include but are not limited to: TennisRecruiting, TennisInformation, College Recruiting Lists, and Sirius Software. The following trademarks or service marks appear on the Website with the permission of their respective owners: Tennis Warehouse and Marriott. You may not use any such marks in any way.

PROHIBITED USES

In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use the Website for any purpose not expressly authorized by the Agreement and/or to transmit, post, or distribute to the Website content that:

  1. constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;
  2. contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;
  3. collects information about others, including but not limited to users' e-mail addresses;
  4. imposes an unreasonable load on the Website's infrastructure; and/or
  5. reverse engineers or decompiles the software comprising the Web site.

CLAIMS OF COPYRIGHT INFRINGEMENT

It is TennisRecruiting's policy to respect the intellectual property rights of others. In connection with this policy, TennisRecruiting will not knowingly post content of any kind that infringes the copyright rights of others. As such, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512(c)(2)), TennisRecruiting has designated an agent to receive notifications of alleged copyright infringement on the website. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Website, including the URL; (c) your name, address, and telephone number, (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to:

Legal Department
TennisRecruiting.net
P. O. Box 71912
Marietta, GA 30007-1912
legal@TennisRecruiting.net

LINKS TO THE WEBSITE

TennisRecruiting reserves the right to revoke your permission to link to the Website at its absolute and sole discretion. Any third party website that links to the Website: (a) shall not create a frame around content of the Website; (b) shall not replicate the content of the Website; (c) shall not state or imply that TennisRecruiting sponsors or endorses the third-party Website; (d) shall not libel or present false or misleading information of any kind; and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate. Deep linking to internal pages of the Website is expressly prohibited. The posting or creation of any link to the Website signifies that you have read and agree to abide by this Agreement. If you believe that any website which links to the Website contains illegal, offensive, or inappropriate content, please send an email to legal@TennisRecruiting.net.

BUSINESS RELATIONSHIPS

TennisRecruiting makes no representations whatsoever about any other website which you may access through this one. When you access a non-TennisRecruiting website, even one that may contain the TennisRecruiting logo, please understand that it is independent from TennisRecruiting, and that TennisRecruiting has no control over the content on that website. In addition, a link to a non-TennisRecruiting website does not mean that TennisRecruiting endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL TENNISRECRUITING BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY TENNISRECRUITING ON AN "AS IS" BASIS ONLY. TENNISRECRUITING PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

TennisRecruiting may at any time revise these terms by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

TERMINATION OF SERVICE

TennisRecruiting reserves the right to change or discontinue at any time, without notice, any message features, contests, content, materials, equipment, specifications, models, products, or services described on the Website, or the availability thereof. Products, methods, and processes described on the Website may be covered by U.S. or foreign patents and/or other intellectual property rights. TennisRecruiting also reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Web site, with or without notice to you.

Your obligations under these Terms of Use shall continue for as long as you access or use this Website or use or maintain any of the content of the Website or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Website and by destroying all content obtained from it, and all copies thereof.

PAYMENT FOR RECRUITING ADVANTAGE SUBSCRIPTION ACCOUNTS

TennisRecruiting users can pay for a Recruiting Advantage subscription account to access premium content and services. When purchasing a Recruiting Advantage account, you:

  1. Allow TennisRecruiting to automatically charge your account $7.95 per month on your expiration date.
  2. Agree that all subscription payments are non-refundable, non-transferable, and non-assignable.
  3. Acknowledge that the origination of these charges to your account must comply with U.S. law.
  4. Agree that TennisRecruiting or your financial institution can cancel automatic payment of your subscription account at any time, with or without prior notice to you.
  5. Agree that this agreement remains in effect until canceled by you, TennisRecruiting, or your financial institution.
You can cancel automatic payment at any time by visiting the Account Maintenance area of the website, or by contacting us directly at support@TennisRecruiting.net. When you cancel automatic payment, you will not receive any refund, but you will continue to have access to premium content and services until the expiration date of your subscription.

COACHING ADVANTAGE ACCOUNTS

Authorized coaches of college tennis teams can pay for a Coaching Advantage subscription account to access premium content and services. When purchasing a Coaching Advantage account, you agree to:

  1. Adhere with all terms in this agreement.
  2. Not distribute or share this data in any way other than with the coaching staff for your tennis program.
  3. Use this data only for purposes of recruiting student athletes to your program.
  4. Not share your account with any other person outside of the coaching staff for your program.

You agree that this agreement remains in effect until canceled by you or TennisRecruiting.

EXPORT CONTROL

Software and other content made available on this Website may be subject to United States export control laws. No software or other content from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software made available on this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

JURISDICTION

This Website is hosted on servers located in the state of Georgia, United States of America. All disputes arising out of or relating to this Agreement or TennisRecruiting's operation of this Website shall be resolved in the state and federal courts seated in Atlanta, Georgia, United States of America. All such disputes shall be governed by the laws of the State of Georgia and applicable federal laws, without giving effect to conflicts of laws principles. You agree that the state and federal courts seated in Atlanta Georgia have personal and subject matter jurisdiction over any dispute arising from your use of the Website.

INDEMNIFICATION

You agree to indemnify and hold harmless TennisRecruiting and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, successors, and/or assigns, from and against all liabilities, claims, expenses, or demands, including reasonable attorneys' fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Website, your use of the Website, your violation of this Agreement, or your violation of any rights of another.

PRIVACY POLICY

Information about you is subject to our Privacy Policy.

GENERAL

If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

The failure of TennisRecruiting to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of TennisRecruiting's rights to subsequently enforce any provision of this Agreement against you or any other party.

VIOLATIONS

Please report any violations of this Agreement to legal@TennisRecruiting.net

CONTACTING TENNISRECRUITING

If you have any questions about these Terms of Use, the practices of this Website or your dealings with this Website, contact:

TennisRecruiting.net
P. O. Box 71912
Marietta, GA 30007-1912
legal@TennisRecruiting.net

 
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Page updated on Sunday, May 02, 2010 at 9:34:03 AM
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