TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The following are terms of a legal agreement between you and SMARTSPORTS LLC its subsidiaries and affiliates (hereinafter collectively referred to as "SMARTSPORTS"). By accessing, browsing and/or using this site ("Site"), you acknowledges that you have read, understood, and agrees to be bound by these terms and comply with all applicable laws and regulations. IF YOU ARE UNDER THE LEGAL AGE FOR AGREEING TO THE TERMS OF THIS CONTRACT, YOU MUST HAVE A PARENT OR GUARDIAN AGREE TO THE TERMS OF THIS CONTRACT. IF YOU OR YOUR PARENT OR GUARDIAN DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. As used herein, the terms “you”, “parent”, “guardian” and “user” may be referred to as “User”.

Restrictions on Use
This Site is provided and maintained by SMARTSPORTS as a service to User. In addition to these terms, a Policy on Privacy is available for review that delineates the practices of SMARTSPORTS with regard to personal information.

By accessing any areas of this Site, User agrees to be legally bound to and abide by the terms set forth below.

This Site is owned and operated by SMARTSPORTS and contains material including, but not limited to, data, scores, text, software, photos, videos, and graphics, that is protected by copyright and trademark laws and owned by SMARTSPORTS; and the entire contents of this Site is copyrighted as a collective work under the United States copyright laws. SMARTSPORTS owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download copyrighted material for their own personal, non-commercial use only, provided they keep intact all copyright and other proprietary notices. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of SMARTSPORTS. User also may not, without SMARTSPORTS’ permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. User acknowledges that it does not acquire any ownership rights in the SMARTSPORTS scores, underlying data or any other information by downloading material from this Site.

SMARTSPORTS fees, policies, and procedures relating to, but not limited to, test registration, testing, scoring, or reporting, misconduct and irregularities, and other matters may change without notice at any time. The current SMARTSPORTS policies and procedures are available below.

Retention, Confidentiality of Data and Policy on Privacy
SMARTSPORTS scores and underlying data are the property of SMARTSPORTS and are kept indefinitely to be reported to schools, teams and partners based upon SMARTSPORTS’ reporting policy.

SMARTSPORTS affirms the right of individuals to privacy with regard to information about them collected or stored in SMARTSPORTS’ files or the files of a third-party primarily for the use by SMARTSPORTS. This right extends both to scores, other processed information and to the raw data upon which scores and/or processed information is based. SMARTSPORTS shall make every effort to see that all reasonable precautions are taken to protect the privacy of individuals in regard to information about them received or stored by any third-party.
SMARTSPORTS shall request any third-party to remove from its data files any information received or stored primarily for SMARTSPORTS that, in the judgment of SMARTSPORTS, cannot be adequately protected from improper disclosure.
SMARTSPORTS shall take all reasonable steps to prevent information received or stored by third-party primarily for the SMARTSPORTS from being used in a form identifiable with a particular individual except for purposes approved by such individual, or for purposes of research conducted with the approval of SMARTSPORTS.
No information shall be requested from individuals or stored in data files maintained by any third-party primarily for the SMARTSPORTS unless it is reasonably necessary, in the judgment of SMARTSPORTS, to the carrying out of the general objectives and goals of SMARTSPORTS.
SMARTSPORTS may release data from a User’s file pursuant to an enforceable subpoena or court order. In such cases, SMARTSPORTS attempts to notify the subject of the records in advance of the release of those records, to the extent permitted by law.

For information concerning SMARTSPORTS’ Policy on Privacy, please click here.

Limited Warranty, Limitation of Liability & Disclaimer

SMARTSPORTS warrants that the materials, information, products or services it provides will substantially perform their stated functions, when used in accordance with all given instructions and in compliance with the policies of SMARTSPORTS. SMARTSPORTS does not warrant that the functions contained in the materials, information, products or services will be uninterrupted or error-free, that defects will be corrected, or that this Site, including downloadable files, or the server that makes this Site available, are free of viruses or other harmful components, nor does it make any warranty as to the results that may be obtained from use of SMARTSPORTS and its materials, information, products or services, or as to the accuracy, reliability, or content of any materials, information, products or services provided through this Site.

IF ANY SMARTSPORTS MATERIALS, INFORMATION, PRODUCTS OR SERVICES FAILS TO PERFORM AS WARRANTED, IT IS USER’S DUTY TO NOTIFY SMARTSPORTS OF THE PROBLEM IMMEDIATELY. WITHIN A REASONABLE PERIOD OF TIME, AS DETERMINED BY SMARTSPORTS BASED ON THE SPECIFIC CIRCUMSTANCES, SMARTSPORTS SHALL, AT ITS OPTION, (I) CORRECT ANY ERRORS, OR (II) REFUND SOME OR ALL OF ANY FEES USER HAS PAID FOR THE RELEVANT MATERIAL, INFORMATION, PRODUCT OR SERVICES. THIS LIMITED WARRANTY IS VOID IF (A) THE FAILURE HAS RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION, OR OTHER USER ERROR; (B) USER HAS USED OR MODIFIED THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES IN ANY UNAUTHORIZED MANNER; OR (C) IF MORE THAN 60 DAYS HAVE ELAPSED SINCE THE PROBLEM OCCURRED.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMARTSPORTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING DAMAGES FOR LOST OPPORTUNITIES, INCOME, OR PROFITS; LOSS OF INFORMATION OR DATA; BUSINESS INTERRUPTION; TRAVEL EXPENSES; OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE ANY SMARTSPORTS MATERIALS, INFORMATION, PRODUCTS OR SERVICES EVEN IF SMARTSPORTS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE OF MATERIALS, INFORMATION, PRODUCTS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, USER ASSUMES ANY COSTS THEREOF. SMARTSPORTS further does not warrant the accuracy or completeness of the material, information, services, products, text, graphics, links or other items contained within this Site or otherwise provided by SMARTSPORTS. SMARTSPORTS may make changes at any time without notice and makes no commitment to provide updates.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER.

This site provides links and pointers to Internet sites maintained by third parties ("Third-Party Sites"). SMARTSPORTS does not operate or control in any respect any information, products, or services on these third-party sites. User should be aware that when User is on SMARTSPORTS’ Site, the User you could be directed to other sites that are beyond SMARTSPORTS’ control. There may be links to other sites from this Site that take the User outside of this Site and SMARTSPORTS’ service. SMARTSPORTS takes no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein or for any breach of privacy.

UNLESS OTHERWISE EXPRESSLY STATED, THE MATERIALS AND INFORMATION ON THIS SITE AND THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMARTSPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS.

If you are dissatisfied with any SMARTSPORTS materials, information, products or services, or with any of the terms and conditions for this Site, User’s sole and exclusive remedy is to discontinue using this Site. THE LIABILITY OF SMARTSPORTS FOR ANY CLAIMS ARISING OUT OF YOUR USE OF ITS SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED ANY MONIES USER HAS PAID TO SMARTSPORTS.

Termination
This Agreement is effective until terminated by SMARTSPORTS, at any time without notice. In the event of termination, User is no longer authorized to access the Site and the restrictions, disclaimers, and limitations of liabilities set forth in this Agreement shall survive. SMARTSPORTS reserves the right to change this policy at any time.

Other
It is the User’s responsibility to ensure that all relevant information is received, that all information is current and correct, and that all deadlines are met.

By creating an account, User consents to the delivery of any legally required notices to the e-mail address associated with the User’s account at the time a notice is sent.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

SMARTSPORTS collects and distributes information about User and transmits it to schools and teams at the request of the User. SMARTSPORTS’ role in the collection and transmission of information does not mean that SMARTSPORTS is the agent of the User or an agent of any school, team or partner.

SMARTSPORTS may at any time revise these Terms of Use by updating this posting. By using this Site, User agrees to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which User is bound.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of SMARTSPORTS’ agents, licensors, licensees, successors, and assigns.


SMARTSPORTS and SMARTKAGE are registered marks of SMARTSPORTS.

Copyright © 2014 by SMARTSPORTS. All other trademarks, product names, and company names and logos appearing on this Site are the property of their respective owners.

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