Terms of Use

Terms of Use

“You” or “Your” means the person or other entity accessing www.kidslacrosse.com (this “Site”). These Terms of Use (this “Agreement”) govern all Your use of this Site.  By accessing or posting on this Site, You are indicating Your acknowledgment and acceptance of this Agreement.  “We,” “Us,” or “Our” means the owners of this Site.

This Agreement is subject to change at any time in Our discretion; provided, however, that such changes will not apply to a dispute between You and Us that arose prior to the date such change was posted on the Site.  Your use of this Site after any such change constitutes Your acknowledgment and acceptance of the change.  Please review this Agreement regularly.

This Agreement was last revised on 2009-05-02.

1.  Access to This Site

You must be fourteen years or older to access this Site.  If You are under fourteen years of age, You are not permitted to access or post on this Site for any reason.

To access this Site or some of the resources it has to offer, You may be asked to provide certain registration details or other information.  It is a condition of Your use of this Site that all the information You provide on this Site will be correct, current, and complete.  If We believe the information You provide is not correct, current, or complete, we have the right to refuse You access to this Site or any of its resources, or to terminate or suspend Your access at any time, without notice.
2. Restrictions on Use

You may use this Site only for purposes expressly permitted by this Site.  You may not use this Site for any other purpose, including any commercial purpose, without Our prior, express, and written consent (“Consent”).  Without limiting the generality of the foregoing, You may not (and may not authorize any other party to) (i) co-brand this Site or (ii) frame this Site, without Our Consent.  For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a visitor to this Site the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.  You agree to cooperate with Us in causing any unauthorized co-branding or framing to cease immediately.

3. Proprietary Information

The material, graphics, images, video, audio, text and other content on this Site (collectively the “Content”) is Our proprietary information or the proprietary information  of the party that provided the Content to Us (“Our Licensors”).  We or Our Licensors retain all right, title, and interest in and to the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, download, adapted, posted, or transmitted in any way without Our Consent, except that You may print out a copy of the Content solely for Your personal, non-commercial use.  In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content, except as expressly provided in this Agreement is prohibited.  Neither title nor intellectual property rights are transferred to You by access to this Site.

4.  Hyper-Links

This Site may have hyper-links to other sites that are not maintained by Us (collectively “Links”). We may or may not have reviewed or accessed any or all Links.  Provisions to the contrary notwithstanding, We have no responsibility or liability arising out of, or in connection with, Links.  You access Links entirely at Your sole risk.   Further, the inclusion of any or all Links does not necessarily imply endorsement by Us.

5.  Submissions

“Submissions” means any and all content, remarks, works of authorship, suggestions, ideas, graphics, images, inventions, information, video, audio and other material that:  (a) You disclose, post or otherwise provide;  (b) is recorded on this Site;   (c) is recorded by means of this Site;  or (d) You communicate or transmit to Us in any other way whatsoever.  The definition of Submissions includes any and all parts or components of Submissions.

You hereby grant Us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, possess, disclose, reproduce, modify, publish, distribute, sell, license, sublicense through multiple tiers of distribution, publicly perform, prepare derivative works of, and display Submissions in any and all forms, media, and technology now known or hereafter invented or developed.  To the extent not prohibited by law, the rights with respect to Submissions that You grant Us include all moral rights in and to Submissions.

6.  Privacy Policy

Our Privacy Policy is incorporated in this Agreement by this reference.  The link to our Privacy Policy is on the home page of the Site.

7.  Disclaimer

THE CONTENT AND THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY.  THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE OR THE CONTENT OR YOUR OR ANYONE ELSE’S USE OR ACCESS THEREOF.  WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing in this Site is intended to replace common sense, legal, medical, or other professional advice.  Consult with the appropriate licensed person for legal, medical, and other professional advice.

The Content may not be suitable for Your particular situation.  It is probable that some of the Content will be unsuitable or inappropriate for Your purposes.  Consequently, You should adjust Your use of the Content accordingly.  Any and all such adjustments are at Your own risk.

The Content may be obsolete or erroneous.

We have no any responsibility or risk for Your use of the Internet.

We do not warrant that access to the Site will be uninterrupted or error-free, that any or all defects will be corrected, or that this Site or the facility that makes it available are free of viruses or other harmful components.  The Content may include technical inaccuracies or typographical errors, and We may make changes or improvements at any time for any reason.  YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, DAMAGES, AND EXPENSES IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM, OR IN CONNECTION WITH, THE USE OF THIS SITE OR ITS CONTENT.  WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

We do not undertake any obligation to modify any or all Content after it is posted or to remove such Content from this Site if it is not, or is no longer, accurate or complete.  We reserve the right to review and edit any and all Submissions, but We do not undertake any obligation to review or edit any Submission.

8.  Limitation of Liability

WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AND AGENTS,  TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

9.  Indemnity

You will indemnify and hold Us, Our affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively the “Indemnified Parties”) harmless from, and against, any breach of this Agreement by You, including any use of Content other than as expressly authorized in this Agreement or other unauthorized use.  You agree that the Indemnified Parties will have no liability in connection with any breach or unauthorized use, and You agree to indemnify the Indemnified Parties, from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of, or in connection with, Submissions, Your use of the Content, or Your access to this Site.

10.  Trademarks

Trademarks, service marks, and logos appearing in this Site (each a “Mark”) are Our property or the property of the party that provided the Mark to Us.  We retain all rights to Our Marks and the parties that provided Marks to Us retain all rights to their respective Marks.   Any and all goodwill accruing to a Mark accrues to the owner of that Mark exclusively.

11.  Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

•        You do not have the right to post, including proprietary material of any third party;

•        advocates illegal activity or discusses an intent to commit an illegal act;

•        is vulgar, obscene, pornographic, or indecent;

•        does not pertain directly to this Site;

•        threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;

•        seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

•        infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

•        violates any law or may be considered to violate any law;

•        impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Submission;

•        advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;

•        solicits funds, advertisers or sponsors;

•        includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

•        disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to engage in real time activities via this Site;

•        includes MP3 format files;

•        amounts to a “pyramid” or similar scheme;

•        disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or

•        contains hyper-links to other Sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, We reserve the right to monitor use of this Site to determine compliance with this Agreement, as well the right to remove or refuse any information or Submission for any reason whatsoever.  Notwithstanding these rights, You remain solely responsible for Your Submissions.

12.  Security

Any passwords used for this Site are for individual use only. You are responsible for the security of Your password (if any).  We are entitled to monitor Your password and, at Our discretion, require You to change it.  If You use a password that We consider insecure, We are entitled to require the password to be changed or terminate Your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise or evade security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (including password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, We reserve the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents.  We reserve the right to investigate suspected violations of this Agreement.

We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting or directing Us to disclose the identity of any user or visitor to the Site, including You.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS RESULTING FROM, OR IN CONNECTION WITH, ANY ACTION TAKEN BY US DURING OR AS A RESULT OF INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US  OR LAW ENFORCEMENT AUTHORITIES.

13.  Miscellaneous

In the interpretation of this Agreement, “including” means “including without limitation” and “or” is inclusive meaning “and/or.”  The singular includes the plural and vice versa. This Agreement will be governed and interpreted pursuant to the laws of the State of Texas, United States of America, without regard to Texas’ conflicts of law principles.  You specifically consent to personal jurisdiction in courts located in Dallas County, Texas in connection with any and all disputes between You and Us arising out of, or in connection with, this Agreement or pertaining to the subject matter hereof.  You agree that the exclusive venue for any action that You commence against Us lies in the state and federal courts in Dallas, Texas.  If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and Us relating to this subject matter.