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TERMS OF SERVICE
The United States Tennis Association Incorporated ("USTA") a New York, not for profit organization maintains this website as a service to our users and other users. By accessing and/or using the website owned, operated and/or maintained by USTA (the "Find A Partner" website), the user expressly agrees to comply with and be bound by the following Terms of Service ("TOS"), the USTA Privacy Statement, as well as all applicable laws and regulations. USTA has created these TOS to protect the user and to ensure that the website is safe and fun for everybody.
If the user does not agree with these TOS, the user is not authorized to use the Find A Partner website and must not access or use the website. USTA may revise and update these TOS at any time; please periodically review them, because the continued usage of the Find A Partner website indicates user agreement with any such changes.
1. Copyright.
Ownership. All content included on the Find A Partner website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of USTA or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Find A Partner website is the exclusive property of USTA and protected by U.S. and international copyright laws. All software used on the Find A Partner website is the property of USTA or its software suppliers and protected by U.S. and international copyright laws.
Permitted Use. The content and software on the Find A Partner website may be used as an information and registration resource. In addition, USTA hereby authorizes the user to view, copy, download, and print for personal use only any USTA owned content on the Find A Partner website. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. Except as expressly stated in these TOS or as otherwise specifically authorized by USTA, the user may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the Find A Partner website. Furthermore, the user may not copy, reproduce or distribute the design or layout of the Find A Partner website, the USTA logos or other design elements or software. Any use of the Find A Partner website content not described herein is strictly prohibited.
Copyright Complaints. USTA respects the intellectual property of others, and we ask our content partners and users to do the same. If the user believes that the user copyrighted work has been copied and is accessible on the Find A Partner website in a way that constitutes copyright infringement, please notify USTA by providing USTA's copyright agent the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that the user claims has been infringed and a description of the infringing activity;
- Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published;
- Identification of the URL or other specific location of the USTA "Find A Partner" website where the material with infringing work is located, including enough information to allow us to locate the material;
- The user's name, address, telephone number and e-mail address;
- A statement by the user that its has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by the user, made under the penalty of perjury that the above information in the user's notice is correct and that the user is the copyright owner or authorized to act on the copyright owner's behalf; and
- USTA's agent for Notice of Claims of Copyright Infringement on the USTA "Find A Partner" website can be reached as follows:
United States Tennis Association Incorporated
Office of General Counsel and Chief Legal Officer
70 West Red Oak Lane
White Plains, New York 10604
2. Permitted Use of USTA Trademarks
USTA trademarks identify USTA products and services, and let the public know the source of those products and services. The user may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided the user follows standard trademark usage practices and provides proper attribution.
Other uses require written permission from USTA. Please make such requests by e-mail to trademarkpolice@usta.com; we will evaluate the user request as soon as possible.
3. User Submissions and Content
USTA may provide interactive areas on the Find A Partner website, in which users may post communications. The user alone is responsible for the content of its communications, and the consequences of any such communications. By submitting content, which may include the user's member name, to any "interactive area" on the Find A Partner website, including message boards, forums, and chat rooms, the user grants USTA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; provided, however, that USTA has no duty to monitor user content and makes no representation that it reviews any or all user content despite that such content may be stored on USTA servers. The user also permits any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the USTA interactive areas, the user also agrees to the following:
- not to use the Find A Partner website to send or post on message boards or any place on the Find A Partner website, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of USTA:
- not to use an inappropriate member name of any kind; and
- not to post or use the Find A Partner website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these TOS. USTA reserves the right to delete from the Find A Partner website any postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.
When communicating through the Find A Partner website, never assume that people are whom they say they are, know what they say they know or are affiliated with whom they say they are affiliated with in any user-generated content area. User generated information may not be reliable, and USTA is not responsible for the content or accuracy of any such information. Use of any user generated information is at your own risk.
4. Registration and Password
The user is responsible for maintaining the confidentiality of the user's login ID and password ("Registration"). The user shall be responsible for all uses of its registration, whether or not authorized by the user. The user agrees to immediately notify USTA of any unauthorized use of its registration.
5. Disclaimer of Warranties
THE USER EXPRESSLY AGREES THAT USE OF FIND A PARTNER WEBSITE IS AT ITS SOLE RISK. USTA IS PROVIDED THE SAME ON AN "AS IS" AND "AS AVAILABLE" BASIS. USTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE USER AGREES THAT USTA'S LIABILITY TO THE USER OR ANY THIRD PARTY SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY USTA FROM THE USER. THE INFORMATION ON USTA IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER USTA NOR ITS USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. USTA ENCOURAGES THE USER TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH THE USER MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON USTA CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. THE USER SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON USTA.
USTA makes no warranty that the Find A Partner website' services will be uninterrupted, secure or error free. USTA does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Find A Partner website. USTA is not responsible for any errors or omissions, or for the results obtained from the use of such information. The user understands and agree that any material and/or data downloaded or otherwise obtained through the use of the Find A Partner website is at the user's own discretion and risk and that the user will be solely responsible for any damage to the user own computer system or loss of data that results from the download of such material and/or data.
6. Limitation of Liability
USTA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE FIND A PARTNER WEBSITE OR (B) FOR THE COST OF PROCUREMENT OF GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH USTA OR (D) THE USE BY THE USER OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH FIND A PARTNER WEBSITE (E) THE USER'S PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY USTA (F) PERSONAL INJURY NOT CAUSED BY USTA'S GROSS NEGLIGENCE (G) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE.
7. Indemnification
The user agree to defend, indemnify and hold harmless each of USTA and its officers, directors, volunteers and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of the user's use of Find A Partner website, any of USTA's websites, any products purchased off of Find A Partner website or the USTA's websites, the use by the user of any training programs purchased through Find A Partner website or the USTA, the user violation of these Terms and Conditions, or the infringement by the user, or any other subscriber of the user account, of any intellectual property or other right of any person or entity.
8. Termination
USTA reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these TOS; (ii) the user registration with or ability to access Find A Partner website or the USTA and/or any other service provided to the user by USTA upon any breach by the user of these TOS or upon its demonstration of conduct that USTA determines to be inappropriate.
9. Applicable Law; Consent to Jurisdiction
The Find A Partner website (excluding linked sites) are controlled by USTA from its offices within the State of New York, United States of America. The Find A Partner website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the Find A Partner website both the user and USTA agree that the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Find A Partner website.
The user agrees that exclusive jurisdiction for any dispute with USTA, or in any way relating to the user's registration or use of the Find A Partner website, resides in the courts of the State of New York and the user further agrees and expressly consents to the exercise of personal jurisdiction in the courts of the State of New York in connection with any dispute including any claim involving USTA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
10. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these TOS or to exercise any right under these TOS will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. USTA may assign its rights and obligations under these TOS and upon such assignment USTA may be relieved of any further obligation hereunder. The user represents to USTA that it has the authority to register with USTA according to these TOS. With the user's prior approval, USTA reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.
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