TERMS OF USE
THIS IS IMPORTANT -- PLEASE
READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A
CONDITION OF ALLOWING YOU ACCESS.
READING
AND ACCEPTING THE TERMS OF USE AND
READING
AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS
WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING
YOU THE RIGHT TO VISIT, READ OR INTERACT WITH
IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY
READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY
POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS
ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF
USE POLICY AND THE PRIVACY POLICY OF THIS
WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO
THIS WEBSITE. IF
YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT,
READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY
MANNER. THIS
WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS
COVERED BY THE CHILD ONLINE PRIVACY PROTECTION ACT (COPPA) OF
1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY
PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE
PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING,
THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND
INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER
USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO
TIME. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR
PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF
CHANGES.
PARTIES TO THE TERMS OF USE
AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or
customers, collectively referred to herein as
"Visitors," are parties to this
agreement. The
website and its owners and/or operators are parties to this
agreement, herein referred to as
"Website."
USE OF INFORMATION FROM THIS
WEBSITE
Unless you have entered into an express written contract with
this website to the contrary, visitors, viewers, subscribers,
members, affiliates, or customers have no right to use this
information in a commercial or public setting; they have no
right to broadcast it, copy it, save it, print it, sell it, or
publish any portions of the content of this
website. By
viewing the contents of this website you agree this
condition of viewing and you acknowledge that any
unauthorized use is unlawful and may subject you to civil
or criminal penalties. Again, Visitor has no
rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked
pages, underlying code, or other intellectual property
the site may contain, for any reason for any use
whatsoever.
Nothing.
Visitor agrees to liquidated damages in the amount of
U.S.$100,000 in addition to costs and actual damages for
breach of this provision. Visitor warrants that he
or she understands that accepting this provision is a
condition of viewing and that viewing constitutes
acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH
CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the
website. Material
contained on the website must be presumed to be proprietary and
copyrighted.
Visitors have no rights whatsoever in the site
content. Use of
website content for any reason is unlawful unless it is done
with express contract or permission of the website.
It is unlawful to use the
domain name associated with this website as “invisible” or
visible keywords on your website without the express permission
of the domain name owner. By viewing and then
unlawfully using a name, product, brand, whether or not
copyrighted or trademarked, whether visible or invisible to the
casual visitor, you agree to pay damages of no less than
USD$100,000.00 plus all court costs and attorney fees if you
are found to have violated this provision.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING
SITE WHETHER BY VISIBLE LINKING OR INVISIBLE
KEYWORD PLACEMENT ON YOUR SITE IS
PROHIBITED
Unless
expressly authorized by website, no one may hyperlink this
site, or portions thereof, (including, but not limited to,
logotypes, trademarks, branding or copyrighted material) to
theirs for any reason. This prohibition shall cover use
of identify marks, brands, domain names belonging to this site
in an invisible manner such as embedded keywords and
metatags. Further,
you are not allowed to reference the url (website address) of
this website in any commercial or non-commercial media without
express permission, nor are you allowed to ‘frame’ the site.
You specifically agree to cooperate with the Website to
remove or de-activate any such activities and be liable for all
damages. By viewing this site and then unlawfully using a
name, product, brand, whether or not copyrighted or
trademarked, whether visible or invisible to the casual
visitor, you agree to pay monetary damages (liquidated damages)
of no less than USD$100,000.00 plus all court costs and
attorney fees if you are found to have violated this
provision.
As a general rule, this website is pleased when another site
chooses to acknowledge it or reference it and this provision is
not meant to cover “friendly” reference
instances.
However, sites and the persons behind those sites that
attempt to demean this site or profit from it without
compensation are liable for damages and this prohibition
clause will be strictly enforced. If you have doubts,
request express permission before using this site’s name
or referencing it. Further, any attempt to
use the site’s name or the contents thereon that could
cause financial or reputational damage to the site is
strictly prohibited, whether the use is obvious or
invisible using various coding embedding
techniques.
DISCLAIMER FOR CONTENTS OF
SITE
The website disclaims any responsibility for the accuracy of
the content of this website. Visitors assume all the risk of
viewing, reading, using, or relying upon this
information.
Unless you have otherwise formed an express contract to the
contrary with the website, you have no right to rely on any
information contained herein as accurate. The website makes no such
warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES
ALL RISK OF VIRUSES,
WORMS
, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers
or software of the visitor or any person the visitor
subsequently communicates with from corrupting code or data
that is inadvertently passed to the visitor's
computer. Again,
visitor views and interacts with this site, or banners or
pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY
DOWNLOADS
Visitor downloads information from this site at this own
risk. Website
makes no warranty that downloads are free of corrupting
computer codes, including, but not limited to, viruses and
worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site,
including banners, advertising, pop-ups, or downloads, and as a
condition of the website to allow his lawful viewing, Visitor
forever waives all right to claims of damage of any and all
description based on any causal factor resulting in any
possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the
Website is required to pay for, the Visitor, as a condition of
viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a
submission. All
submissions, including portions thereof, graphics contained
thereon, or any of the content of the submission, shall become
the exclusive property of the Website and may be used, without
further permission, for commercial use without additional
consideration of any kind. Visitor agrees to only
communicate that information to the Website, which it wishes to
forever allow the Website to use in any manner as it sees
fit. "Submissions"
is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor
and Visitor expressly warrants an understanding that the right
to notice is waived as a condition for permission to view or
interact with the website.
DISPUTES
As part of the consideration that the Website requires for
viewing, using or interacting with this website, Visitor agrees
to use binding arbitration for any claim, dispute, or
controversy ("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and
terms of use issues.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration
Association.
Information about the American Arbitration Association, its
rules, and its forms are available from the American
Arbitration Association,
335 Madison Avenue
, Floor 10,
New York
,
New York
,
10017-4605
. Hearing will
take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or
customer have the right to go to court or have a jury
trial. Viewer,
visitor, member, subscriber or customer will not have the right
to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator's decision
will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees,
travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before
a court of law, pre- or post-arbitration, Viewer, visitor,
member, subscriber or customer agrees to that the sole and
proper jurisdiction to be
Toronto
,
Ontario
,
Canada
. In the
event that litigation is in a federal court, the proper court
shall be the closest federal court to
Toronto
,
Ontario
,
Canada
.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the
applicable law to be applied shall, in all cases, be that
of
Toronto
,
Ontario
,
Canada
.
CONTACT INFORMATION
gsheiner@strategictennis.com
Glenn Sheiner
Strategictennis.com
399 Cortleigh Blvd.
Toronto
,
Ontario
M5n 1r4
COPYRIGHT AND LICENSE
This "Terms of Use" © 2002 InternetLawCompliance.com, and is
fully licensed for use by this website. This form was last updated on
Aug 3, 2011. If
you wish to lawfully use this Terms of Use on your website,
visit our website at http://www.internetlawcompliance.com
InternetLawCompliance.com, or any related site, that
sells the same product and/or User Agreement (also known as
Terms of Use or Terms of Service), and
InternetLawCompliance.com (the owner of the copyright)
herewith disclaims any and all responsibility for how any
licensee uses or abuses this User Agreement and the
attendant activities purported to be covered by this User
Agreement.
Licensee (commonly known as an InternetLawCompliance.com
user/buyer/customer/member), by using this User Agreement,
herewith holds harmless and indemnifies the copyright holder
from damages of any nature caused by tortious (wrongful)
conduct of the licensee. Further, any viewer who purports to be
covered by this User Agreement, also holds harmless and
indemnifies InternetLawCompliance.com (or any related site
that sells the same product) and/or the copyright holder,
InternetLawCompliance.com, from damages caused by any
negligent conduct of the
licensee/seller/user.
Accepting this hold harmless and indemnification of
InternetLawCompliance.com or related sites as well as the
copyright holder InternetLawCompliance.com, is required
consideration for the viewing of the site covered by the
User Agreement. Viewer acknowledges that licensee may
make its own changes to this User Agreement and such
changes are not the responsibility of
InternetLawCompliance.com. ©2002
InternetLawCompliance.com
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