eteamz.com, part of The Active Network, Inc. provides this Internet site and related services subject to your compliance with the terms and conditions set forth below. Your continued use of this site evidences your agreement to them. Please read the following information carefully.
Address and Contact Information
The Active Network, Inc. is a Delaware corporation.
The Active Network, Inc.
10182 Telesis Court, Suite 300
San Diego, CA 92121
Fax: (858) 551-7619
Customer Support: Click here to contact eteamz Support.
The information contained in the Site is presented for the purpose of educating participants on coaching and playing various activities. No activity should be engaged in without the prior consent of a physician. Further, eteamz makes no claims on the safety or appropriateness of any information found on the site.
eteamz makes no warrant as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site. eteamz cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. eteamz cannot and does not guarantee or warrant that files available for downloading from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system. eteamz does not warrant that this Site will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to eteamz.com, including, but not limited to User web pages.
All information in bulletin boards or chat sessions should be relied on by you at your own risk. You assume the risk that the data is incorrect or inaccurate. No such information should be construed as the advice of a professional.
Intellectual Property and Use of the Site
All text, graphics and multimedia content available from the entry point URL http://eteamz.active.com and pages within that domain (the "Site") and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of eteamz and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by eteamz or by other parties that have licensed their material to eteamz (or posted to the Site pursuant to a user agreement with eteamz). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
"eteamz.com," "the sportz we play," and the "eteamz " logo are trademarks and service marks of eteamz. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by eteamz on eteamz-provided user Web pages through the standardized eteamz selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by eteamz or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission of them transmitted through the Site.
eteamz has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact eteamz immediately.
You may notify eteamz of alleged intellectual property rights infringement by contacting eteamz at:
The Active Network, Inc.
10182 Telesis Court, Suite 300
San Diego, CA 92121
Fax: (858) 551-7619
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), eteamz DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. eteamz DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ETEAMZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), eteamz IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.
Although eteamz attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the site could include inaccuracies or errors, and that unauthorized additions, deletions and alternations could be made to the site by third parties. In the event that an inaccuracy arises, please inform eteamz so that it can be corrected.
Limitation of Liability
eteamz, its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.
Posted Information and Internet Services Provided By eteamz
The information and opinions expressed on user Web pages, or in bulletin boards, chat rooms, or other forums conducted on the site are not those of eteamz or its affiliated or related entities or content providers. eteamz merely provides the Internet Services by which third parties are able to post information to certain eteamz.com Site areas. While eteamz may remove any such content provided by third parties for any reason whatsoever, eteamz does not undertake to review or monitor such discussions or Web page content. eteamz makes no representations or warranties regarding that information or those opinions. Neither eteamz nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of nay kind or character whatsoever based upon or resulting from any information or opinions provided at the site.
By developing a Web page through the eteamz site or providing any other information to eteamz (such as through a chat or by posting to a bulletin board), you grant to eteamz a non-exclusive, worldwide, royalty-free, perpetual license to any Web page information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as "User Content"). You hereby grant to eteamz the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content. When you submit material to the Site, you agree that eteamz has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.
eteamz is not responsible for any material posted on our forums, or elsewhere. You shall not submit or otherwise publish through such forums, or elsewhere, any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone's copyrights or trademarks (by way of example, you shall not use the term "Little League" and understand and agree that "Little League" is a trademark of Little League Inc. If a third party notifies eteamz of your trademark violation, including, without limitation, the Little League trademark, eteamz shall be forced to remove said material from your site without notice to you); (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify eteamz and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
Limited Distribution and Territorial Considerations
Unless otherwise specified, all materials in the Site are presented solely for the purpose of entertainment and promoting programs, music and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by eteamz from its offices within the State of California, U.S.A. eteamz makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by eteamz.
eteamz reserves the right to withdraw, suspend or discontinue any functionality or features in the Site, including the cessation of all activities associated with the Site.
Privacy and Data Collection
By visiting the eteamz site, you expressly consent to the collection and use by eteamz of personally identifiable information, on an individual and an aggregate basis, as set forth in the Privacy and Data Collection Policy.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or eteamz bring to enforce this agreement, or in connection with any matters related to this site, shall be brought only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the jurisdiction of said courts.
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. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by eteamz.
eteamz reserves the right to change or update these terms and conditions of use at any time. Any changes or updates will be effective immediately upon posting to the site.
There is no upfront charge to you for using the ActiveGiving system. Each online donation will require the organization to pay a service charge (the "Service Charge") equal to 6.5% of the donated amount plus $0.50. We will be responsible for collecting all fees and Service Charges.
Fees collected from online registrants will be sent to you on the first and third Friday of each month and Service Charges shall be retained by us. All donations, except for Service Charges, are your exclusive property. Any refunds shall be exclusively and directly handled by you. Active shall not be responsible for processing or making any refunds. © 1999 by eteamz.com, Inc. All rights reserved.
eteamz PLUS member agreement
- Acceptance of Terms
This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Member") and The Active Network, Inc. ("Active"). This Agreement governs the access and use of all services for which Member registers and which are provided by or through Active’s Web Site and Active's online resources, including without limitation the eteamz Web site building and hosting services (collectively, the "Service"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Active to update or revise certain provisions of the Agreement. By joining Active and accepting this Agreement, Member agrees that Active may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Active, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Active account ("Member's Account"). Notwithstanding the foregoing, Active reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
- General Use of the Service
Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use in creating a Web site ("Member Web Site") in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Active, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.
- Charges and Billing
Member hereby authorizes Active to charge Member's designated payment method in advance for all applicable fees incurred by Member in connection with Member's chosen Service and Member's Account. Member hereby acknowledges that in most cases, Active will be charging Member's designated payment method in accordance with the payment schedule of the Service for which Member has registered, but some charges may accumulate on Member's account before they are charged to Member's payment method. Member further acknowledges that it is Member's responsibility to provide accurate billing and payment information and keep this information up-to-date. You authorize Active to charge your payment method for these charges, to obtain updated account information directly from your credit card company and/or financial institution for facilitating any such authorized charges, as may be applicable, and to retain information about the payment method associated with your Account. If Active does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Active. All fees shall be paid in U.S. dollars.
Every time you use the Service, you reaffirm that (i) Active is authorized to charge your designated payment method; (ii) Active may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.
Active reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Active does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Active posts such modification on the Active Web Site. Active also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after Member registers for the Service. As set forth in Section 18 of this Agreement, Member may cancel any Service Upgrades or Member's Account at any time, but Active will not refund any remaining portion of Member's pre-paid fees when Member cancels such upgrades or Member's Account and Member may be charged a cancellation fee. The answer to many common billing questions can by found by going to http://www.eteamz.com/websites/customer-support#PLUS.
Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Amounts not paid by Member to Active when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if Member's payment is more than thirty (30) days past due. That amount is also due immediately. Nonpayment of services will cause your Account to be deemed delinquent and Active may terminate or suspend your Account for nonpayment. Member is responsible and liable for any fees, including attorney and collection fees, that Active may incur in its efforts to collect any remaining balances due from Member. This Section 3 shall in no way limit any other remedies available to Active. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated. Member must notify Active of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify Active within sixty (60) days, Member waives any right to dispute such problems or discrepancies.
In order for Member to participate in the Service, Active will require Member to provide specific information about Member and Member's organization. If Member chooses to participate and build a Member Web Site, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Active for such actions as set forth in Section 13.
Any information supplied by Member upon registering for the Service and any other information about Member and/or Member's organization (collectively, "Member Data") is subject to Active's Privacy
- Member Account Limitations
Member hereby acknowledges that Active may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Member Web Site will be retained by Active, (b) the maximum limits on bandwidth usage that will be allotted to Member, and (c) maximum limits on storage space. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that Active has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that Active reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Content Submitted to Active
The Active Web Site includes a number of venues such as Member Web sites and Web pages, Discussion Boards and/or other message or communication facilities designed to enable Members to disseminate and exchange thoughts and opinions to and with other users or the public. Although Active firmly believes in the value of free and open dissemination and exchanges, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise censor Member's thoughts and opinions. Therefore, Active cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member's associates on the Active Web Site, the Member Web Site, or any other user Web sites.
- Member Conduct
Member's right to use the Service is personal to Member and Member's organization and its employees (if applicable). Member, and not Active, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not Active, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.
Active does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Active reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Active also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Active's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
- post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others, including, but not limited to, consumers;
- post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Active, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
- post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Active's infrastructure that exceed the limits provided by the Service for which Member registered;
- post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
- sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Web Site could cause Active to violate any law, statute or regulation.
- Third Party Content
For Member's convenience, the Service, which includes the Active Web Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Active and Active is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Active is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Active is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by Active of such content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Active does reserve the right to remove content that, in Active's judgment, does not meet its standards, but Active is not responsible for any failure or delay in removing such material.
Active is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases Active (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- DISCLAIMER OF WARRANTIES.
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. ACTIVE AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE ACTIVE WEB SITE AND THE MEMBER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) ACTIVE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE ACTIVE WEB SITE OR MEMBER WEB SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL ACTIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF ACTIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL ACTIVE'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO ACTIVE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Active nor its suppliers is responsible for any of Member's data residing on the Service or Active's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or Active's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).
- Proprietary Rights to Member Content
Active does not claim ownership of the Member Content that Member provides to Active and/or places on the Member Web Site. However, Member grants Active a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in Active's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to Active's or its sub licensee’s use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Web site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant Active the license set forth above, and, pursuant to the terms set forth in Section 13, Member will defend and indemnify Active and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
- Active Proprietary Rights/Software Licenses
Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Active provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission from Active. The Software is owned by Active and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Active and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Member agrees to indemnify and hold Active and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Data and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Web Site and/or to Active and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with Active or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Active and/or its suppliers, affiliates, partners, subsidiaries and employees.
- Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the Active Web Site) are owned and copyrighted or licensed by Active, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Active Web Site and/or the Software, is permitted without the written permission of Active. Any rights not expressly granted herein are reserved.
- Modification of the Service
Active reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that Active shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that Active shall have the right to remove any Element from the Member Web Site, with or without notice to Member, at any time at Active's sole discretion, if Active discontinues offering the Element for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.
- Termination/Cancellation of Member Account
Active may terminate Member's Web Site and/or Member's Account if Active determines, in Active's sole discretion, to discontinue offering the Service. Additionally, Active, in its sole discretion, may terminate Member's Web Site, Member's Account or Member's use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if Active is unable to verify or authenticate any information that Member provides to Active, or (iii) if Active believes that Member has violated or acted inconsistently with the spirit of this Agreement. If Active terminates Member's Account pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Active shall not be required to refund, redeem, or pay amounts to Member upon such termination.
Upon termination of Member's Account for any reason, Member shall remain liable for and Active reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Member; (b) delete any Member Content, listings, messages or other information in connection with Member's account; (c) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (d) refuse Member future access to the Service. In no event shall Active be required to refund, redeem, or pay amounts to Member upon termination of Service.
Member may cancel Member's Account by sending an email to Customer Support or editing service feature(s) within the Account section of the Admin PLUS folder. Member will receive a cancellation confirmation via email after Active processes Member's cancellation request. Active reserves the right to collect fees, surcharges or costs incurred before Member cancels Member's Account in addition to the applicable cancellation fee(s).
Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Active may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Active Web Site. Member should refer to the Member Support page of the Active Web Site for information on how to contact and/or provide notice to Active.
- Arbitration/ Jurisdiction
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Diego County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Active must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, Active may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (Active Proprietary Rights/Software License) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the State of California, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in San Diego County, California and further agree that any such action or proceeding shall be brought in a court in San Diego County, California.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Active's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Active, and any such attempted assignment shall be void. Active shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Active and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
The services hereunder are offered by The Active Network Inc., located at 10182 Telesis Court, Suite 300, San Diego, CA 92121
- Information for California Residents
Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:
- Pricing Information - Current rates for using the Service may be obtained by going to the pricing schedule on the Active Web Site located at http://eteamz.active.com/plus/PLUS_pricing.cfm Active reserves the right to change any fees, surcharges, and/or monthly Member fees or to institute new fees at any time.
- Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Please report any violations of this Agreement to our customer support group
- Independent Review
MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.