TERMS & CONDITIONS OF USE
Last Updated: April 25, 2017
These Terms of Service (“Terms”) apply to your access to and use of the Gwinnett Sports Academy website www.gwinnettsportsacademy.com (the “Website”) provided by Gwinnett Sports Academy and our parents, subsidiaries and affiliates (collectively, “GSA,” “we” or “us”) where these Terms are posted (collectively, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms do not access or use our Service.
If you have any questions about these Terms, our Service or our events, please contact us at firstname.lastname@example.org
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
Anybody can access the website, however, in order to make purchases and bookings and to use a credit card you must be at least 18 years of age. If you are below the age of 18, you may only access the website under supervision of an adult, preferably a parent or a guardian. If you are accessing or using our Service on behalf of another person or an entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. USER CONTENT
Our Service may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.
You grant GSA a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) will be visible to the public.
3. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:
3.1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
3.2. Use or attempt to use another user’s account without authorization from that user and GSA;
3.3. Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
3.4. Reverse engineer any aspect of our Service or do anything that might help discover the source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
3.5. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
3.6. Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
3.7. Bypass or ignore instructions contained in the robots.txt file that controls automated access to portions of our Service; or
3.8. Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:
3.9. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
3.10. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
3.11. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
3.12. Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
3.13. Impersonates, or misrepresents your affiliation with, any person or entity;
3.14. Contains any unsolicited promotions, political campaigning, advertising or solicitations;
3.15. Contains any private or personal information of a third party without such third party’s consent;
3.16. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
3.17. Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose GSA or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
4. OTHER TERMS
4.1. You, the parent or guardian, who is not a coach or a player in the lesson or practice session, should at all times remain in the Parent Waiting Room or Front Lobby. You are however not restricted to use the restroom or otherwise go outside the Parent Waiting Room or Front Lobby.
4.2. A child younger than 7 years must be accompanied by a parent to the restroom.
4.3. All children aged 18 years or younger, must wear a helmet in the batting cages during hitting sessions, even if they are standing behind the L Screen Pitching. They may however not wear one if they are involved in a pitching lesson.
4.4. All children aged 18 years or younger, involved in catching lessons or catcher practice, must be fully and properly equipped with protective gear, including but not limited to wearing a Jock Strap/Cup.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about GSA or our Service or events (collectively, “Feedback”) is non-confidential and will become the sole property of GSA. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
7. COPYRIGHT AND TRADE MARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other visual content contained therein (collectively, the “GSA Content”) are owned by or licensed to GSA and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, GSA and our licensors reserve all rights in and to the Service and the GSA Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sub licensable and revocable license to access and use the Service and GSA Content for your own personal use; however, such license is subject to these Terms and does not include any right to;
(a) sell, resell or commercially use the Service or GSA Content;
(b) copy, reproduce, distribute, publicly perform or publicly display GSA Content, except as expressly permitted by us or our licensors;
(c) modify the GSA Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or GSA Content;
(d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or GSA Content other than for their intended purposes. Any use of the Service or GSA Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
8. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
9. COPYRIGHT COMPLAINTS
We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may contact us at:
Gwinnett Sports Academy
4839 Railroad Ave NW,
Lilburn, GA 30047
Also, if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to GSA for certain costs and damages.
You agree to indemnify, defend, and hold harmless Gwinnett Sports Academy and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “GSA Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GSA or the other GSA Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.
Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind whatsoever, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, GSA does not represent or warrant that the Service shall be accurate, complete, reliable, current, risk-free or error-free. While we attempt to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.
12. LIMITATION OF LIABILITY
GSA will not be liable to you in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if GSA has been advised of the possibility of such damages.
The total liability of GSA for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of GSA or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release us from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
14. TRANSFER AND PROCESSING OF DATA
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
15. DISPUTE RESOLUTION; ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
You and GSA agree that any dispute arising out of or related to these Terms or our Service is personal to you and GSA and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and GSA agree that the state or federal courts of the State of Georgia shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or our Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and GSA will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing email@example.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
16. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Georgia.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and GSA relating to your access to and use of our Service. The failure of GSA to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. In case of a conflict between the Terms and other legal documents available at the website or offline, the Terms shall supersede.