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NIKE Coach of the Year Clinic,
Inc. USER AGREEMENT PLEASE
READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS SITE.
Your use of this site is
expressly conditioned on your acceptance of the following terms and
conditions. By using this site, you signify your assent to these terms
and conditions. If you do not agree with any part of the following terms
and conditions, you must not use this site.
1. OWNERSHIP. This site,
and each of its modules, together with the arrangement and compilation
of the content found on this site, is the copyrighted property of NIKE
Coach of the Year Clinic, Inc. In addition, the trademarks, logos and
service marks displayed on this site (collectively, the "Trademarks")
are registered and common law Trademarks of NIKE Coach of the Year
Clinic, Inc, its affiliates, and various third parties. Nothing
contained on this site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of the
Trademarks without the written permission of NIKE Coach of the Year
Clinic, Inc, or such other party that may own the Trademarks.
2. USE OF SITE.
NIKE Coach of the Year Clinic, Inc grants you a limited,
non-transferable license to use this site in accordance with the terms
and conditions of this User Agreement. You may only use this site to
make legitimate registrations or purchases and shall not use this site
for any other purposes, including without limitation, to make any
speculative, false or fraudulent registrations or any registrations in
anticipation of demand. This site and the content provided in this site,
including the text, graphics, button icons, audio and video clips,
digital downloads, data compilations and software, may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
without the written permission of NIKE Coach of the Year Clinic, Inc,
and/or its third party providers and distributors, except that you may
download, display and print the materials presented on this site for
your personal, non-commercial use only. You may not use any "robot,"
"spider" or other automatic device, or a program, algorithm or
methodology having similar processes or functionality, or any manual
process, to monitor or copy any of the Web pages, data or content found
on this site, in any case without the prior written permission of NIKE
Coach of the Year Clinic, Inc. You agree that you will not transmit or
otherwise transfer any Web pages, data or content found on this site to
any other computer, server, Web site, or other medium for mass
distribution or for use in any commercial enterprise. You agree that you
will not use any device, software or routine to interfere or attempt to
interfere with the proper working of this site. You agree that you will
not take any action that imposes a burden or load on our infrastructure
that NIKE Coach of the Year Clinic, Inc deems in its sole discretion to
be unreasonable or disproportionate to the benefits NIKE Coach of the
Year Clinic, Inc obtains from your use of the site. Unauthorized use of
this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws or
other laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in the materials, and
you must not alter, obscure or obliterate any of such notices. The use
of such materials on any other Web site or in any environment of
networked computers is prohibited. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any
law. In addition, you are prohibited from posting or transmitting any
information which (a) infringes the rights of others or violates their
privacy or publicity rights, (b) is protected by copyright, trademark or
other proprietary right, unless with the express written permission of
the owner of such right, (c) contains a virus, bug or other harmful
item, or (d) is used to unlawfully collude against another person in
restraint of trade or competition. You shall be solely liable for any
damages resulting from any infringement of copyright, trademark, or
other proprietary right, or any other harm resulting from your use of
this site.
3. AGE AND
RESPONSIBILITY. If you use this site, you are responsible for
maintaining the confidentiality of your account information and your
password. You agree to accept responsibility for all activities that
occur under your account or password. You represent that you are of
sufficient legal age to use this site and to create binding legal
obligations for any liability you may incur as a result of the use of
this site. You understand that you are financially responsible for all
uses of this site by you and those using your login information.
4. PRIVACY. You
have read the NIKE Coach of the Year Clinic, Inc Privacy Policy, the
terms of which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal
information by NIKE Coach of the Year Clinic, Inc and/or its third party
providers and distributors in accordance with the terms of and for the
purposes set forth in the NIKE Coach of the Year Clinic, Inc Privacy
Policy.
5. REVIEW OF
TRANSMISSIONS. NIKE Coach of the Year Clinic, Inc may, from time to time
monitor and review any information transmitted or received through this
site and reserves the right to sensor, edit, remove or prohibit the
transmission or receipt of any information that NIKE Coach of the Year
Clinic, Inc deems inappropriate or in violation of these terms and
conditions. During monitoring, the information may be examined, recorded
or copied, and your use of this site constitutes your consent to such
monitoring and review. You agree that if you submit suggestions, ideas,
comments or questions or post any other information on this site, you
grant NIKE Coach of the Year Clinic, Inc and its affiliates a worldwide,
non-exclusive, royalty-free, perpetual, irrevocable, and fully
sublicenseable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display such
content in any form, media or technology. NIKE Coach of the Year Clinic,
Inc takes no responsibility and assumes no liability for any content
posted or submitted by you.
6. EXCLUSION OF
WARRANTY. NIKE Coach of the Year Clinic, Inc AND ANY THIRD PARTY
PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS
SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE
PROVIDED ON AN "AS IS" BASIS. NIKE Coach of the Year Clinic, Inc AND ANY
THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA
FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE. NEITHER NIKE Coach of the Year Clinic, Inc
NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE,
ITS SERVERS OR ANY E-MAIL SENT FROM NIKE Coach of the Year Clinic, Inc
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY
FROM STATE TO STATE.
7. LIMITATION OF
LIABILITY. NIKE Coach of the Year Clinic, Inc ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL NIKE
Coach of the Year Clinic, Inc OR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST
SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY
USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY
(INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THIS SITE FOR (III) THE PERFORMANCE OR NON PERFORMANCE BY
NIKE Coach of the Year Clinic, Inc OR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, notwithstanding the
foregoing, NIKE Coach of the Year Clinic, Inc or any third party
provider or distributor should be found liable for any loss or damage
which arises out of or is in any way connected with any of the above
described functions or uses of this site or its content, the liability
of NIKE Coach of the Year Clinic, Inc and the third party providers and
distributors shall in no event exceed, in the aggregate, the greater of
(a) the subscription fee and service charge for accessing this site, or
(b) US$100.00. In its sole discretion, in addition to any other rights
or remedies available to NIKE Coach of the Year Clinic, Inc and without
any liability whatsoever, NIKE Coach of the Year Clinic, Inc at any time
and without notice may terminate or restrict your access to any
component of this site. Some states do not allow limitation of
liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION.
You shall defend and indemnify NIKE Coach of the Year Clinic, Inc and
any third party providers and distributors and their officers,
directors, employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal and
accounting fees, brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your use of this
site.
9. LINKS. This site
contains links to other Web sites which are provided solely as a
convenience to you and not as an endorsement by NIKE Coach of the Year
Clinic, Inc, its third party providers or distributors of the contents
of such other Web sites. None of NIKE Coach of the Year Clinic, Inc or
any third party provider or distributor shall be responsible for the
content of any other Web sites and make no representation or warranty
regarding any other Web sites or the contents or materials on such Web
sites. If you decide to access other Web sites, you do so at your own
risk.
10. RELATIONSHIP.
The relationship between NIKE Coach of the Year Clinic, Inc and you will
be that of independent contractors, and neither of us nor any of our
respective officers, agents or employees will be held or construed to be
partners, joint ventures, fiduciaries, employees or agents of the other.
11. GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the
state of Tennessee, United States of America, without regard to its
conflict of laws provisions. You consent and submit to the exclusive
jurisdiction of the state and federal courts located in Hamblen county,
the state of Tennessee, United States of America, in all questions and
controversies arising out of your use of this site and this Agreement.
To the extent allowed by applicable law, any claim or cause of action
arising from or relating to your access or use of this site must be
brought within two (2) years from the date on which such claim or action
arose or accrued.
12. ATTORNEY'S
FEES. If NIKE Coach of the Year Clinic, Inc or its affiliates take any
action to enforce this User Agreement and these terms and conditions,
such parties will be entitled to recover from you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of litigation,
in addition to any other relief, at law or in equity, to which such
parties may be entitled.
13. INJUNCTIVE
RELIEF. You acknowledge that a violation or attempted violation of any
of this User Agreement and these terms and conditions will cause such
damage to NIKE Coach of the Year Clinic, Inc as will be irreparable, the
exact amount of which would be difficult to ascertain and for which
there will be no adequate remedy at law. Accordingly, you agree that
NIKE Coach of the Year Clinic, Inc shall be entitled as a matter of
right to an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these terms and
conditions by You, or Your affiliates, partners, or agents, as well as
recover from You any and all costs and expenses sustained or incurred by
NIKE Coach of the Year Clinic, Inc in obtaining such an injunction,
including, without limitation, reasonable attorney's fees. You agree
that no bond or other security shall be required in connection with such
injunction.
14. TERMINATION.
NIKE Coach of the Year Clinic, Inc may terminate this User Agreement and
these terms and conditions and/or the provision of any of the services
at any time for any reason, including any improper use of this site or
your failure to comply with these terms and conditions. Such termination
shall not effect any right to relief to which NIKE Coach of the Year
Clinic, Inc and its third party providers and distributors may be
entitled, at law or in equity. Upon termination of this User Agreement
and these terms and conditions, all rights granted to you will terminate
and revert to NIKE Coach of the Year Clinic, Inc and its third party
providers or distributors, as applicable.
15. ASSIGNMENT. You
may not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder.
16. MODIFICATION.
NIKE Coach of the Year Clinic, Inc may at any time modify these terms
and conditions and your continued use of this site will be conditioned
upon the terms and conditions in force at the time of your use.
17. ADDITIONAL
TERMS. Additional terms and conditions may apply to, purchases of goods
and services and other uses of portions of this site, and you agree to
abide by such other terms and conditions.
18. SEVERABILITY.
These terms and conditions shall be deemed severable. In the event that
any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the validity
and enforceability of any other remaining provisions.
19. HEADINGS. The
headings used in this User Agreement are included for convenience only
and will not limit or otherwise affect the terms and conditions herein.
20. ENTIRE
AGREEMENT. This User Agreement, together with any terms and conditions
incorporated herein or referred to herein constitute the entire
agreement between us relating to the subject matter hereof, and
supersedes any prior understandings or agreements (whether oral or
written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or modifications
available on this site.
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