By accessing, browsing, and using the ACES & APS services, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use the ACES180 & APS services.
1. ACES180 & Athletic Progress System Services
The ACES180 & APS services may comprise of several Services. ACES180 & APS may add additional features to the current services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU.
You acknowledge and agree that the services are provided "AS IS" and that ACES180 & APS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You understand and agree that the Services may include advertisements and these advertisements may be necessary for ACES180 & APS to provide its Services. You also understand and agree that the Services may include certain communications from ACES180 & APS, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
Software products and services received through an ACES180 & APS service may be subject to separate terms and conditions, which you will have to accept to be able to access those products or services.
You are responsible for using your account and other services at least once every thirty (30) days. ACES180 & APS MAY DELETE ACCOUNTS AND/OR OTHER SERVICES THAT HAVE BEEN INACTIVE FOR THIRTY (30) DAYS OR MORE.
3. Registration Obligations
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ACES180 & APS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACES180 & APS has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify ACES180 & APS of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit, logout, close from your account at the end of each session. ACES180 & APS cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.
4. Uploaded User Content
Any Content that you upload or otherwise make available ("User Content") into an ACES180 & APS Service is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted ACES180 & APS, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content through the Service into which you have uploaded the User Content. You also permit any other user of ACES180 & APS with access to that Service, subject to your restrictions, to access, view, store, and reproduce the User Content to the same extent permitted herein.
You acknowledge that ACES180 & APS websites, their Services, any underlying technology used in connection with ACES180 & APS and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the ACES180 & APS websites are provided by ACES180 & APS or third-party providers and are the copyrighted works of ACES180 & APS and/or such third parties. Except as expressly authorized by ACES180 & APS or such third parties in this TOU or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to ACES180 & APS in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.
We encourage you to download and print a reasonable number of copies of Content for noncommercial personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to ACES180 & APS and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by ACES180 & APS or the third-party provider on the Web page containing the applicable Content. You acknowledge that ACES180 & APS and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
You may only access the ACES180 & APS websites and Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the ACES180 & APS Services, use of ACES180 & APS websites, Services, or access to ACES180 & APS websites, channels or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.
You acknowledge that ACES180 & APS does not pre-screen User Content, but that ACES180 & APS shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through any Service. Without limiting the foregoing, ACES180 & APS has the right to remove any User Content that violates the TOU or is otherwise objectionable. You agree and acknowledge that ACES180 & APS may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of ACES180 & APS, its users and the public.
7. Disclaimer of Warranty
ACES180 & APS IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY CONTENT UPLOADED OR SENT VIA EMAIL OR OTHER CORRESPONDANCE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY PART OF THE SITES AVAILABLE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
YOU AGREE THAT YOUR ACCESS TO THE ACES180 & APS WEBSITES AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER ACES180 & APS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
ACES180 & APS SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL ACES180 & APS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ACES180 & APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS ACES180 & APS SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ACES180 & APS RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES ACES180 & APS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF ACES180 & APS.
You agree to indemnify and hold ACES180 & Athletic Progress System, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOU.
9. Local Laws; Export Control
ACES180 controls and operates the ACES180 & Athletic Progress System websites and Services from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the ACES180 & APS websites from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the ACES180 & APS websites are solely directed to individuals, companies, or other entities located in the United States.
10. Modifications to the Service
ACES180 & Athletic Progress System reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ACES180 & Athletic Progress System websites, the Services (or any part thereof) with or without notice. You agree that ACES180 & Athletic Progress System will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You may discontinue your participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that ACES180 & APS and its affiliates may terminate or block your use of all or part of the Services and ACES180 & APS websites without prior notice for any reason, including, without limitation, if ACES180 & APS believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the ACES180 & APS websites and use of the Services.