|
End User Online Services Terms & Conditions/ Terms of Sale BY PROCEEDING TO USE THE INTERNET SERVICES PROVIDED BY HD ATHLETES (HDA), YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE HDA'S INTERNET ACCESS SERVICES. 1. License 1.1 License Grant HD Athletes is the author and/or authorized sublicensor of certain materials owned and created by HDA or HDA's licensors. HDA grants you a non-transferable, non-exclusive license to use the information, images and other content contained on this web site (the "Materials"), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. HDA and/or HDA's licensors retains all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of HDA and/or its licensors from the Materials. 1.2 Reservation of Rights HDA reserves any rights not expressly granted herein. 1.3 Restrictions The Materials do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by HDA. 2. Ownership 2.1 HDA Material The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without HDA's prior written consent. Except as expressly provided herein, HDA does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information. 2.1 Third Party Material The Materials published by HDA on this server may contain other proprietary notices or describe products, services, processes or technologies owned by HDA or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of HDA or any third party, except for the right of use license expressly set forth above in these terms and conditions. 2.2 Advertisements HDA does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements. 2.3 Trademarks Products and services referenced herein are protected by either trademarks or registered trademarks of HDA. Other product and company names mentioned herein may be protected by the trademarks of their respective owners. 3. Links to Third Party Sites The links in this area will let you leave HDA's site. The linked sites are not under the control of HDA and HDA is not responsible for the contents of any linked site or any link contained in a linked site. HDA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HDA of the site. 4. No Warranty HDA AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NON-COMFORMITIES, DEFECTS OR ERRORS. HDA AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 5. Errors and Corrections THE MATERIALS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. HDA AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME. 6. Limitation on Liability IN NO EVENT SHALL HDA AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THIS SERVER. IF HDA'S DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT HDA'S LIABILITY SHALL NOT EXCEED ___0_____ DOLLARS ($___0___). 7. Local Law This server is operated from a location in the State of Wisconsin, United States of America. HDA makes no representation that the Materials are appropriate for use in other locations. If you access this server from other locations, you are responsible for compliance with local laws. 8. Terms of Sale Any purchase of video's, admission to camp or combine, or any purchase or subscription other than an HD Elite service is final. There is no return, refund, or authorized cancellation of any product or service provided by HD Athletes once the product or service is authorized and purchased. Any purchase or subscription to an 'HD Elite' service has a 72 hour cancellation policy. HD Athletes must receive written notice of cancellation postmarked or emailed within 72 hours to either the address below or email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
, including first name, last name, customer number (given at time of sale) and date. Once the 72 hours from activation or purchase of the 'HD Elite' service has passed, there is no refund or cancellation of any nature. HD Ahtletes does not claim that use of this service will guarantee a scholarship of any kind, nor is allowed or authorized to do so by the NCAA. HD Athletes provides tools and services that provide athletes with an opportunity to pursue a college athletic program. It is the sole responsibility of the athlete and the athletes family to actively pursue the college opportunities so desired. There is no warranty on any service or product provided by HD Athletes. 9. General HDA reserves the right to discontinue or modify any of the information contained on this server at any time. HDA shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without HDA's prior written consent. This Agreement shall be governed by the laws of Wisconsin, exclusive of conflicts of laws principles. The user shall pay any taxes on the information or transactions, except for those based on HDA's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to HDA at the address below. HD Athletes, LLC. 1907 74th Place Kenosha, WI 53143 USA Email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
|