All Atlanta Junior Tennis Academy Terms and Conditions of Use
1. ACCEPTANCE OF TERMS
Use of this website is governed by the terms and conditions described below. Please
read them carefully. Your use of this website indicates your acceptance of these
terms and conditions. All Atlanta Junior Tennis Academy reserves the right to make
modifications to these Terms & Conditions of Use at any time and without notice
to users. You accept the obligation to review these Terms & Conditions of Use prior
to each use, and your use of this website constitutes an acceptance to be bound
by any modifications. These Terms and Conditions of Use are referred to hereafter
as the “Agreement”.
In addition, when using particular All Atlanta Junior Tennis Academy owned or operated
services, you and All Atlanta Junior Tennis Academy shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from time to
time. All such guidelines or are hereby incorporated by reference into the Agreement.
2. DESCRIPTION OF SERVICE
The term “Service” shall mean the Internet web pages, data, analyses, screens, reports,
documentation, spreadsheets, photographs, maps and other information of any kind
that are accessible through the All Atlanta Junior Tennis Academy web application,
which application is currently located at various URLs owned and operated by All
Atlanta Junior Tennis Academy, as well as all updates, enhancements and modifications
thereto, and all intellectual property contained therein. In addition, the meaning
of “Service” shall include all correspondence, email, or data sent by All Atlanta
Junior Tennis Academy personnel or agents.
You (“User”) also understand and agree that the Service may include advertisements
or links to third party websites. You also understand and agree that the Service
may include certain communications from All Atlanta Junior Tennis Academy, such
as service announcements, administrative messages and various emails, which may
include attachments. Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new All Atlanta Junior
Tennis Academy properties, shall be subject to the Agreement. You understand and
agree that the Service is provided "AS-IS" and that All Atlanta Junior Tennis Academy
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings. You are responsible
for obtaining access to the Service, and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees. In addition, you must provide and are responsible for all equipment
necessary to access the Service.
3. OWNERSHIP
3.1 Proprietary Information. User acknowledges and agrees that: (i) the Service,
including, without limitation, any modifications, enhancements and updates, and
any originals and copies thereof, in whole or in part, and all intellectual property
rights therein (collectively, “Proprietary Information”), is owned by All Atlanta
Junior Tennis Academy and its third party content providers (“Content Providers”),
as applicable; (ii) the Proprietary Information contains valuable copyrighted and
proprietary material of All Atlanta Junior Tennis Academy; (iii) the Proprietary
Information is licensed, rather than sold, to User pursuant to this Agreement; and
(iv) User has no rights in the Proprietary Information, other than the rights and
licenses granted to User pursuant to this Agreement. All Atlanta Junior Tennis Academy
may disclose additional information to User in the form of upgrades, documentation
or other support during the term of this Agreement and User agrees that such information
shall also be deemed Proprietary Information.
3.2 Confidentiality. User hereby acknowledges that All Atlanta Junior Tennis
Academy may disclose to User, as part of or in conjunction with Proprietary Information,
valuable confidential information of All Atlanta Junior Tennis Academy. User agrees
to hold all such confidential information in confidence and not to disclose such
confidential information to anyone other than User's employees with a bona fide
need to know, provided such employees are governed by a parallel confidentiality
obligation of equal or greater force. Additionally, User agrees to use at least
that degree of care which User uses to protect User’s own information of a similar
confidential nature, but in no event less than reasonable protection. Excluded from
such confidential information is information which, as proven by User by clear and
convincing evidence, was in User’s possession without confidential limitation prior
to disclosure, is known or becomes known to the general public without breach of
this Agreement, is received rightfully by User without confidentiality limitations
from a third party, or is disclosed publicly by All Atlanta Junior Tennis Academy
without substantially similar confidentiality restrictions. This confidentiality
obligation is to survive the termination, expiration or cancellation of this Agreement
for any cause whatsoever, and to remain in force in perpetuity.
3.3 Competitive Services. User is prohibited from, and shall not, develop,
market or sell any Competitive Service based on or derived in any way from Proprietary
Information or from the benefits of know-how resulting from access to or work with
All Atlanta Junior Tennis Academy’s confidential information. The term “benefits
of know how” means information in non-tangible form which may be retained by persons
who have had access to the Confidential Information, including ideas, concepts,
know how or techniques contained therein.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or All Atlanta Junior Tennis Academy has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, All Atlanta
Junior Tennis Academy has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
5. All Atlanta Junior Tennis Academy PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for storage,
processing and use by All Atlanta Junior Tennis Academy and its affiliates. For
more information, see our full privacy
policy.
6. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify All Atlanta
Junior Tennis Academy of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. All Atlanta Junior Tennis Academy cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 6
Although All Atlanta Junior Tennis Academy provides passwords and takes various
security measures to protect its users and their data and documents, you agree that
the All Atlanta Junior Tennis Academy shall in no way be liable for the misuse of
the information posted or disseminated in any form on or from All Atlanta Junior
Tennis Academy or the Services, nor shall it be liable for the misuse or misappropriation
of designated passwords or allowance of illegal access to All Atlanta Junior Tennis
Academy or to information or documents generated from the use thereof.
You further agree that you will not abuse All Atlanta Junior Tennis Academy or the
Services by engaging in activities such as guessing, trying to obtain under false
pretense, or using in an unauthorized manner someone else’s User Name and Password
combination, or otherwise "hacking" into someone else’s All Atlanta Junior Tennis
Academy account or by using All Atlanta Junior Tennis Academy for criminal, illegal
or immoral purposes.
7. USER CONDUCT
You understand that all information, data, text, photographs, graphics, video, maps,
messages, tags, or other materials ("Content") are the sole responsibility of the
person from whom such Content originated. This means that you, and not All Atlanta
Junior Tennis Academy, are entirely responsible for all Content that you make available
via the Service. All Atlanta Junior Tennis Academy does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no circumstances
will All Atlanta Junior Tennis Academy be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of any Content made available via the
Service.
You agree to not use the Service to:
a. make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a All Atlanta
Junior Tennis Academy official, falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e. make available any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. make available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. make available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. make available any material that contains 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;
i. 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;
j. intentionally or unintentionally violate any applicable local, state, national
or international law;
You acknowledge that All Atlanta Junior Tennis Academy may or may not pre-screen
Content, but that All Atlanta Junior Tennis Academy and its designees shall have
the right (but not the obligation) in their sole discretion to pre-screen, refuse,
or move any Content that is available via the Service, including, but not limited
to, for sale listings and photographs. Without limiting the foregoing, All Atlanta
Junior Tennis Academy and its designees shall have the right to remove any Content
that violates the Agreement or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by All Atlanta
Junior Tennis Academy or submitted to All Atlanta Junior Tennis Academy, including
without limitation information in All Atlanta Junior Tennis Academy forums and in
all other parts of the Service.
You acknowledge, consent and agree that All Atlanta Junior Tennis Academy may access,
preserve and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third parties; (d)
respond to your requests for customer service; or (e) protect the rights, property
or personal safety of All Atlanta Junior Tennis Academy, its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by All Atlanta Junior Tennis Academy
and/or content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. INTERSTATE NATURE OF COMMUNICATIONS ON All Atlanta Junior Tennis Academy NETWORK
When you register with All Atlanta Junior Tennis Academy, you acknowledge that in
using All Atlanta Junior Tennis Academy services to send electronic communications
(including but not limited to messages, emails, search queries, uploading photos
and files to All Atlanta Junior Tennis Academy, and other Internet activities),
you will be causing communications to be sent through All Atlanta Junior Tennis
Academy's computer networks, portions of which are located in New Jersey and other
locations in the United States and portions of which may be located abroad. As a
result, and also as a result of All Atlanta Junior Tennis Academy’s network architecture
and business practices and the nature of electronic communications, even communications
that seem to be intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the time of transmission.
Accordingly, by agreeing to this Agreement, you acknowledge that use of the service
results in interstate data transmissions. Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
All Atlanta Junior Tennis Academy does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the Service,
you grant All Atlanta Junior Tennis Academy the following worldwide, royalty-free
and non-exclusive license(s), as applicable:
(a) With respect to photos and graphics you submit or make available for inclusion
on the Service, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service and
will terminate at the time you remove or All Atlanta Junior Tennis Academy removes
such Content from the Service.
(b) With respect to Content other than photos or graphics you submit or make available
for inclusion on the Service, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later developed.
10. GRANT OF LICENSE TO All Atlanta Junior Tennis Academy
When you list property for sale on All Atlanta Junior Tennis Academy, you hereby
grant to All Atlanta Junior Tennis Academy an unlimited, unrestricted and royalty-free
license to publish and display all, part or a modified version of the content provided
by the member on any All Atlanta Junior Tennis Academy controlled or sponsored website
and on all other All Atlanta Junior Tennis Academy controlled or sponsored publications
and services. Furthermore, if you list property for sale on All Atlanta Junior Tennis
Academy, you grant All Atlanta Junior Tennis Academy permission to distribute, by
e-mail or otherwise, all, part or a modified version of the content provided by
you to all All Atlanta Junior Tennis Academy users, partners and affiliates and
to any media All Atlanta Junior Tennis Academy shall deem advisable in its sole
determination for marketing and promotion purposes.
11. INDEMNITY
You agree to indemnify and hold All Atlanta Junior Tennis Academy and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service, your
violation of the Agreement, or your violation of any rights of another.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that All Atlanta Junior Tennis Academy may establish general practices
and limits concerning use of the Service, including without limitation the maximum
number of days that uploaded Content will be retained by the Service and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that All Atlanta Junior Tennis Academy has
no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that All Atlanta Junior
Tennis Academy reserves the right to log off accounts that are inactive for an extended
period of time or exceed All Atlanta Junior Tennis Academy’s usage limits, which
are determined at the sole discretion of All Atlanta Junior Tennis Academy. You
further acknowledge that All Atlanta Junior Tennis Academy reserves the right to
modify these general practices and limits from time to time.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any purposes, any portion of the Service (including your All Atlanta Junior Tennis
Academy User ID or password), use of the Service, or access to the Service. Unless
otherwise agreed with All Atlanta Junior Tennis Academy in writing, your user ID
and password is for the use of one and only person, you.
14. MODIFICATIONS TO SERVICE
All Atlanta Junior Tennis Academy reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that All Atlanta Junior Tennis Academy
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
15. TERMINATION
You agree that All Atlanta Junior Tennis Academy may, under certain circumstances
and without prior notice, immediately terminate your All Atlanta Junior Tennis Academy
account and access to the Service. Cause for such termination shall include, but
not be limited to, (a) breaches or violations of the Agreement or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. Termination of your All Atlanta Junior Tennis Academy
account includes (a) removal of access to all offerings within the Service, including
but not limited to: Property Listings, Comparable Sales, Reports, Photographs, Maps,
etc. (b) deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring of
further use of the Service. Further, you agree that all terminations for cause shall
be made in All Atlanta Junior Tennis Academy's sole discretion and that All Atlanta
Junior Tennis Academy shall not be liable to you or any third party for any termination
of your account or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that All Atlanta Junior Tennis Academy shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because All Atlanta Junior Tennis Academy has no control
over such sites and resources, you acknowledge and agree that All Atlanta Junior
Tennis Academy is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that All Atlanta Junior Tennis Academy shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
18. All Atlanta Junior Tennis Academy'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by All Atlanta Junior Tennis Academy or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
All Atlanta Junior Tennis Academy grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, nor to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that
is provided by All Atlanta Junior Tennis Academy for use in accessing the Service.
You agree not to access or copy any portion of the Service through any automated
viewing and downloading systems.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. All Atlanta Junior Tennis Academy AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. All Atlanta Junior Tennis Academy AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM All Atlanta
Junior Tennis Academy OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE AGREEMENT.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT All Atlanta Junior Tennis Academy AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF All Atlanta Junior Tennis
Academy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third-party beneficiaries to this agreement.
22. COMMUNICATIONS
You consent to receive communications from us electronically. We will communicate
with you by email, regular mail or by postings on the Service. You agree that all
agreements, notices, disclosures, amendments and other communications that we provide
to you electronically satisfy any legal requirement that such communication be in
writing.
23. TRADEMARK INFORMATION
The All Atlanta Junior Tennis Academy and All Atlanta Junior Tennis Academy logo
are trademarks and service marks of All Atlanta Junior Tennis Academy. (the "All
Atlanta Junior Tennis Academy Marks"). Without All Atlanta Junior Tennis Academy's
prior permission in writing, you agree not to display or use in any manner the All
Atlanta Junior Tennis Academy Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
All Atlanta Junior Tennis Academy respects the intellectual property of others,
and we ask our users to do the same. All Atlanta Junior Tennis Academy may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts of users
who may be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide All Atlanta Junior Tennis Academy's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located on
the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
All Atlanta Junior Tennis Academy's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
P.O. BOX 2307
Woodstock, GA 30188
c/o Copyright Agent
All Atlanta Junior Tennis Academy.
25. ADHERENCE TO LOCAL, STATE, AND FEDERAL LAWS
You agree that you are solely responsible for your use of All Atlanta Junior Tennis
Academy, including names, addresses, and telephone numbers. You agree that you are
aware of any local, state, and federal laws regarding the use of such information,
including but not limited to privacy, do-not-mail, and do-not-call statutes, and
you shall observe all such laws. You agree to indemnify and hold All Atlanta Junior
Tennis Academy and its subsidiaries, affiliates, officers, agents, employees, partners
and licensors harmless for any breach of such laws on your part.
26. DISPUTE RESOLUTION
You agree that any claim or controversy, arising out of or relating to the use of
All Atlanta Junior Tennis Academy's services, to the goods or services provided
by All Atlanta Junior Tennis Academy, or to any acts or omissions for which you
may contend All Atlanta Junior Tennis Academy is liable, including but not limited
to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled
by arbitration in Bergen County, New Jersey. The arbitration shall be held before
one arbitrator under the commercial arbitration rules of the American Arbitration
Association ("AAA") in force at that time. The arbitrator shall be selected pursuant
to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be
in effect, you shall select an arbitrator from a panel of arbitrators acceptable
to All Atlanta Junior Tennis Academy. In any arbitration, All Atlanta Junior Tennis
Academy will pay the filing fee, plus the costs associated with the first day of
arbitration, with the remaining costs of arbitration being paid by the non-prevailing
party. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrator may be entered only in a
court of competent jurisdiction in Bergen County, New Jersey. You and All Atlanta
Junior Tennis Academy agree that the arbitrator shall have limited authority to
award damages such that the arbitrator shall not have the power to award damages
in excess of actual compensatory damages and shall not multiply actual damages or
award consequential, punitive or exemplary damages, and each party irrevocably waives
any claim thereto. The agreement to arbitrate shall not be construed as an agreement
or consolidation of arbitration under this Agreement with arbitration of disputes
or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND All Atlanta Junior Tennis
Academy WILL BE RESOLVED BY BINDING ARBITRATION IN Bergen County, New Jersey. YOU
THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO
GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE
DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND All Atlanta
Junior Tennis Academy RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND
AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT
JURISDICTION IN Bergen County, New Jersey.
27. LEGAL NOTICES
You shall provide any legal notices to All Atlanta Junior Tennis Academy by postal
mail to:
c/o Corporate Legal Officer
All Atlanta Junior Tennis Academy.
and All Atlanta Junior Tennis Academy shall provide any notices to you at the email
address you provide at registration, or such other address as either party shall
specify in a notification in accordance with this section. Notices shall bear a
label or language on the outer envelope indicating that the communication is a Legal
Notice provided in accordance with this Agreement. Notice shall be deemed given
twenty-four (24) hours after the email is sent, unless All Atlanta Junior Tennis
Academy receives notice that the address is invalid or the email has otherwise failed
to reach the destination email address within such period. Alternatively, at its
option, All Atlanta Junior Tennis Academy may give you notice by commercial courier
service or by certified mail, postage prepaid and return receipt requested, to the
address you provide registration. In such case, notice shall be deemed given when
received by you.
28. GENERAL INFORMATION
28.1 Entire Agreement. The Agreement constitutes the entire agreement between
you and All Atlanta Junior Tennis Academy and governs your use of the Service, superseding
any prior agreements between you and All Atlanta Junior Tennis Academy with respect
to the Service. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other All Atlanta Junior Tennis Academy
services, affiliate services, third-party content or third-party software.
28.2 Interpreting the Agreement. All parts of this Agreement apply to the
maximum extent permitted by law. The Agreement shall be subject to and construed
in accordance with the laws of the State of New Jersey, excluding its conflict of
laws principles. If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, including but not limited to the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid enforceable provision that most closely matches
the intent of the original provision, and the remainder of the Agreement shall continue
in effect. A printed version of this Agreement and of any notice given in electronic
form shall be admissible in arbitration, 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. All rights not expressly granted herein are reserved.
28.3 Waiver and Severability of Terms. The failure of All Atlanta Junior
Tennis Academy to exercise or enforce any right or provision of the Agreement shall
not constitute a waiver of such right or provision. If any provision of the Agreement
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement remain in
full force and effect.
28.4 No Right of Survivorship and Non-Transferability. You agree that your
All Atlanta Junior Tennis Academy account is non-transferable and any rights to
your All Atlanta Junior Tennis Academy ID or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
28.5 Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to use
of the Service or the Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.The section titles in the Agreement
are for convenience only and have no legal or contractual effect.