Terms of Service

Please read this agreement carefully and completely before using this site. By using this site and the links accessible through this site, you expressly agree to be bound by this agreement. These terms, conditions, and policies apply solely to the use of PinkCleats.Org, and do not extend to any affiliated sites or links to third parties. The information and resources contained on and accessible through the site are made available, subject to your agreement to the terms and conditions below.

 

You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this site shall constitute notice and acceptance of any such changes.

 

The Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your use if the web site located at PinkCleats.org (the “Site”) and the services, products, resources and materials offered on the Site (the “Service”), including e-mails, announcements, or communications, which are made available to you by Pink Cleats – Coaches Against Cancer, Inc. (“Pink Cleats” or the “Company”). BY USING THIS SITE, AND ITS SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT, AND THE PRIVACY POLICY FOR THE SITE, AS IF YOU HAD SIGNED A LEGAL DOCUMENT. If you do not agree to be bound by this Agreement, please do not use the site and discontinue your use of the Service immediately.

 

  1. About the Site

Content is Provided on the Service on an “As is” and “As available” basis. Although the Company reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented herein (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any product information listed on the Web site. Further, we do not represent that the Web site will operate without interruption or error, nor do we provide any assurances of the availability or usability of the online shopping services.

 

The Company does not accept any liability for the consequences arising from the application, use, or misuse of any information contained on the Service, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

 

  1. About our Health Content

The health content describes general principles of health care and medical advice that should not in any event be construed as specific instructions for individual patients. It is for reference only and should not be used to determine treatment for specific medical conditions. The site and its health-related information and resources are not intended and not deemed the rendering of medical or professional health care advice, or professional health care. You should discuss the information provided with a physician or other licensed health care professional. You understand and agree that neither we nor our suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of this site or the information resources contained on or accessible through this site.

 

  1. Your Obligations

You agree to use this site and service only for lawful purposes. Any conduct by you, that in our sole discretion, restricts or interferes with the ability of any other user to enjoy this site, including, but not limited to hacking, phishing, spamming, or defacing any portion of this site, or by engaging in spamming, flooding, or other disruptive activities will not be permitted. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, sexually, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. We reserve the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, vendors, affiliates, sponsors, providers, licensors, or merchants.

 

With respect to Your Account, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it accurate, current, and complete. If you provide any information that is untrue, fraudulent, inaccurate, incomplete, or not current, or we have legitimate grounds to suspect that such information is untrue, fraudulent, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and discontinue any use of this site. Because any termination of your access to the site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this site.

 

When you create an account, you will be asked to supply a User Identification and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for maintaining the confidentiality of the password and account and are fully responsible for all activates that occur in connection with your password or account. You represent to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further represent that you will not permit others, including those who accounts have been terminated, to access this site using your account or User Identification.

To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy. When participating in sweepstakes or contests offered on our site, you are urged to review the official rules and regulations governing those promotions. All Materials submitted as part of a contest will be governed by contest rules. We assume that you have obtained the proper legal permission to supply the photographs and that we may post the pictures and videos on the Service. Due to volume inquiries and submissions, any photographs submitted will not be returned.

When participating in any event or submitting any content and photographs, you represent that you have all right and title to submit such content and authorize us to reprint, reuse and redistribute such content, including, but not limited to photographs and that we may post the pictures and videos on the Service. Due to volume inquiries and submissions, any photographs submitted will not be returned.

 

These terms, conditions, and policies are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions, you must stop your use of this site. Your use of this site is at your sole risk. If you are dissatisfied with this site, its content, or any of these terms, conditions, and policies, your exclusive legal remedy is to discontinue using this site.

 

  1. Trademark and Copyright Notice

All the content on this site is subject to trademark, service mark, copyright, and/or other intellectual property rights held by The Company, its affiliates, vendors and third parties. All title and full intellectual property rights protected by US or international copyright laws are reserved for any materials downloaded or otherwise obtained from this site. Any trademark or copyright notices may not be deleted or altered in any way. Trademarks and copyrights may not be used in connection with any third-party products or services. Proper legal notices must be maintained with all intellectual property.

 

The Company grants you a limited license that is non-exclusive, non-transferable, with a limited right to access, use and display this Site and the informational materials (Materials) contained in the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

 

Except as provided above or as permitted by the fair use privilege under US copyright laws (17 U.S.C. Section 107), the user may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining express permission of the owner of the copyright or other proprietary right. No title, rights, or interests in any downloaded materials from this site are afforded you as a result of such downloading for personal, noncommercial use. You represent that any you will maintain the proper intellectual notices on any materials obtained from the Company. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or existing in the future.

 

  1. Electronic Communications

When you send emails to us, you are communicating with us electronically and consent to receive return communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this site shall constitute notice and acceptance of any such changes.

 

Your access and use of these and any other internet sites, including the information, services, products, materials, and any other resources contained on them, is solely at your own risk.

 

WE SHALL NOT BE RESPONSIBLE FOR ANY PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations.

 

  1. Privacy Policy

Please review our Privacy Policy. If you do not agree to be bound by the Privacy Policy and/or the Terms of Service, you are not permitted to use the Site and must discontinue your use.

 

  1. Restrictions on Use

The Service is an electronic computer online service or internet-based service. It is accessible to you through any electronic device, personal computer, smart telephone or any other access device at the Site using communications connection (for example: a modem, telephone, smart telephone, tablet telephone, cable line or any electronic connection). As part of the Site and Service, you will be provided with services that may include information, third party resources, editorial content, chat rooms, links to other web sites and other computer services that the Site may list, post notices or to offer, subject to the terms and conditions contained in the Terms of Service. The Site may, in its sole discretion, discontinue, chance or alter any aspect of the Service, including, but not limited to, (i) limiting the hours and time of availability and number of users (ii) limiting the availability/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) limiting the quantity of use permitted, and (iv) limiting or terminating any user’s right to use part or all of the Service, at any time in its sole discretion and without prior notice or liability to you. You are representing that you are responsible for all charges associated with connecting to the Service and the internet through an available access code or number. Additionally, you are also acknowledged and represent that you are responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), and all other access device, necessary to access the Service. You represent and acknowledge that you are an individual and not a corporation.

 

The Service is owned and operated by the Company and contains resources, information and materials that are derived in part or whole or from material supplied and owned by the Company, its affiliates, third parties or any other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise expressly provided in writing by the Company’s executives, you may not modify or prepare derivative works based on any material from the Service (“Material”), including but not limited to software and code, but you may copy and distribute white papers on the Site provided that such distribution is made with written permission by an officer thereof. Your use of which is governed by separate terms and conditions of use, you may download Material from the Service for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices and use the information, resources and Material in accordance with all restrictions applicable to your use of the Service. In the event that you download Material from the Service, such information, resources and Material are permitted as a limited license to you by the Company and the Company does not transfer title in any form to any such information, resource or Material to you.

 

The Company does not necessarily approve, support, encourage, verify or agree with the comments or other statements made public at the Site by visitors through the interactive services available at the Site or Sites linked at this Site. Any information or material sent by visitors through such services, is the individual view and or opinion and is the responsibility of those visitors and does not necessarily represent the views of the Company.

 

  1. Proprietary Rights

The Company owns the content on this Web site, including graphics, logos, customized graphics, original photographs, data, images, music, audio and video clips, titles, button icons, designs, or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material.

 

The content provided on this Web site may be used for personal, informational, and noncommercial shopping purposes only, provided that there are no specific restrictions displayed prohibiting such use. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this content, or posting this content or selected portions of this content in any manner on any computer, broadcast media, or other technologies existing now or later developed for unauthorized publication or commercial use without the prior written consent of The Company is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of this site, use of this site, or access to this site, or to collect any information about site visitors or registered users of this site.

 

You hereby agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, e-vendors, partners, business 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 your use of the content on this site, or any content you submit, post, or transmit through this site, your use of this site, your connection to this site, your violation of these Terms of Service, or your violation of any rights of another.

 

You agree that you will not send, upload or transmit any communication, content or Material of any type to the email address listed on the “Contact Us” link or otherwise to The Company that infringes or violates any rights of any party or violates these Terms of Service. Any user submitting or otherwise exchanging communications, content or Material, including, without limitation, any personal or commercial information, idea, concept or invention, irrevocably grants to The Company an unrestricted, worldwide, royalty-free license to use, reproduce, display publicly, perform, publish, transmit and distribute such Materials and you further agree that The Company is free to use any ideas, concepts that you or individuals acting on your behalf provide to the Service or Company.

 

  1. Registration Rules and Guidelines

(i) Registration

The Company provides registration-based services, which you will be required to provide certain information about yourself. You agree to provide accurate and complete information, and to update this information within five days if it changes. If you provide any information that is not accurate, not current, or not complete, or if the Company suspects that your information is not accurate, not current, or not complete, the Company, in its sole discretion, may suspend or terminate your membership and refuse current and future access to the Service. All personal information supplied hereunder will be subject to the terms of our privacy policy.

 

(ii) Passwords

Should the Company provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify the Company if you misplace your password or account information, if any unauthorized use of your password or account occurs, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties. You shall be responsible for all activities taking place with your password and account. You are responsible for verifying the password and its confidentiality.

 

(iii) Contact

The Company, in its sole discretion, may choose to send you e-mails on a variety of topics, services, promotions or service problems with the Site. For example, informing you of information, or with services offered by the Company, its affiliates or third parties, or presenting you with the opportunity to make donations or participate in fund-raising events or buy selected products or services. You represent that you elect during registration to receive these e-mails and correspondences, and you may stop receiving such e-mails at any time by sending an e-mail  to unsubscribe@PinkCleats.Org thirty days before you wish to stop receiving such correspondences.

 

(iv) Individual Behavior

It is a condition of your use of the Service that you do not: (i) limit, restrict or inhibit any other user from using and enjoying the Service; (ii) write, submit, describe, or transmit any unlawful, threatening, abusive, bullying, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material including inappropriate photographs or nudity; (iii) write, submit, describe, or transmit comments containing harassing or offensive language, bullying, or engage in disruptive activities online; (iv) write, submit, describe or transmit any information, software or other material that is false, fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder; (v) write, submit, describe or transmit any information, software or other material that contains a virus or other harmful component; (vi) write, submit describe or transmit content that encourages, promotes or provides instructional activities about illegal activities; (vii) write, submit, describe or transmit in any way exploit any information, software or other material for commercial purposes or that contains advertising, “viruses,” “junk mail,” “spam,” or “chain letters”; (viii) recruit or solicit other users to participate, become members of, or contribute money to any online service or other organization, or attempt to get other users to participate in legal or illegal actions involving other users; (ix) impersonate any person or falsely state or otherwise misrepresent your professional or other affiliation with any person; (x) resell, redistribute, broadcast or transfer the information or use the information obtained from the Service in a searchable, machine-readable database; (xi) use the Service to collect any personally identifying information about users of the Service in violation of our Privacy Policy; (xii) disguise a communication or file type to avert the Company’s detection processes; (xiii) write, submit, describe or transmit any correspondences constituting or encouraging conduct that would be deemed a criminal offense, give rise to civil liability or otherwise violate any state, national or international law; or (xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Service. You represent that you will not use the Service, including material, links and information provided therein and all related equipment and network devices for any unlawful purpose. The Company, at its sole discretion, shall determine whether any information transmitted or received violates the conditions on this paragraph defining conduct and harmful acts. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

 

  1. Monitoring

You acknowledge and represent that the Site reserves the right to monitor any and all information transmitted or received through the Service for operational and other purposes. However, the Company has no obligation to monitor the use of the Service by members or third parties.

 

The Company shall abide by all directions of law enforcement to safeguard its members, users and third parties. During monitoring, information may be copied, retrieved, examined, recorded, and used for legitimate and authorized purposes in accordance with our Privacy Policy. Access and use of the Service constitutes consent to such monitoring. Additionally, the Company reserves the right at all times to disclose any information posted on the Service as necessary to satisfy any inquiry by law enforcement and will comply with any law, regulation, or governmental request, or to refuse to post, or to remove, any information, in whole or part, that in the Company’s sole discretion are objectionable or in violation of this Agreement.

 

  1. Disclaimer of Warranty

The Company (and the Service) and its suppliers, affiliates and vendors disclaim all express or implied representations or warranties regarding the information, services, products, materials, and any other resources available on or accessible through this site, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. All such information, services, products, materials, and other resources are made available “as is” and “as available” without warranty of any kind.

 

THE COMPANY MAY PROVIDE INFORMATION, RESOURCES, MATERIALS, AND THIRD PARTIES LINKS ON VARIOUS TOPICS. ALL SUCH MATERIAL IS PROVIDED FOR REFERENCE ONLY AND DOES NOT CONSTITUTE AMEDICAL ADVICE OR AN ENDORSEMENT OF ANY AFFILIATE, RESOURCE OR THIRD PARTY. YOU MUST CONSULT WITH YOUR PROFESSIONAL ADVISOR ON SUCH SUBJECTS. WE STRONGLY URGE YOU TO SPEAK TO YOUR MEDICAL DOCTOR ON ALL HEALTH-RELATED TOPICS AND TO OBTAIN MEDICAL CLEARANCE BEFORE PARTICIPATING IN ANY PHYSICAL ACTIVITY. FURTHERMORE, WE URGE YOU TO SPEAK TO YOUT ACCOUNTANT AND LAWYER REGARDING ALL BUSINESS DECISIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY THIRD PARTY OR TO WHICH A LINK MAY BE PROVIDED. THE COMPANY HAS PROVIDED RESOURCES, LINKS AND REFERENCES TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. THE COMPANY DOES NOT OPERATE OR CONTROL IN ANY MANNER THE INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD-PARTY SITES. THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PIRPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION, MATERIALS OR SERVICES REFERENCED IN THOSE MATERIALS AND PRODUCTS, OR IN THE SERVICE WILL BE UNINTERUPPTED OR ERROR-FREE, WILL BE AVAILABLE FOR PUBLIC USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risks of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for using sufficient procedures and responsibility for using sufficient procedures and checks to satisfy your requirements for the suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided. You acknowledge and agree that your use of the Service, and any information sent or received in the connection therewith, may not be secure and may be intercepted by unauthorized parties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

 

  1. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPAMY, ITS SUPPLIERS, AFFILIATES OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESDSBILE THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

The Company (and the Service) and its suppliers and vendors do not guarantee the accuracy, or completeness of any information or content on this or any other Internet sites and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, unavailability, errors, or omissions from or in the transmission or delivery of all or any part thereof or for any damage arising from or occasioned thereby.

 

WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH THE COMPANY’S SUPPLIERS’ AND VENDORS’ SITES, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED AND CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE TGE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLEIS, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, ALTERATION OF, DESTRUCTION, UNAUTHORIXED ACCESS TO, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY EXISTSM SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIA; DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, ANY YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

 

You acknowledge and represent that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations.

 

The company further disclaims any responsibility for the reliability or completeness of content or information found on any sites that link to or from this Service by third parties not associated with us. The Company does not accept any responsibility for technical failures or for unauthorized access of user transmission by third parties.

 

Your access and use of these and any other Internet sites, including the information, services, products, materials, and any other resources contained on them, is solely at your own risk.

 

You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this site shall constitute notice and acceptance of any such changes.

 

  1. Proprietary Rights

The Company owns the content on this Web site, including graphics, logos, legends, customized graphics, original photographs, data, images, music, audio and video clips, titles, button icons, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material.

 

The content provided on this Web site may be used for personal, informational, and non-commercial shopping purposes only, provided that there are no specific restrictions displayed prohibiting such use. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this content, or posting this content, in part or whole, in any manner on this computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of The Company is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of this site, or to collect any information about site visitors or registered users of this site.

 

You hereby agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, e-vendors, 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 your use of the content on this site, or any content you submit, post, or transmit through this site, your use of this site, your connection to this site, your violation of these Terms of Service, or your violation of any rights of another.

 

You agree that you will not send, upload or transmit any communication, content or Material of any type to the email address listed on the “Contact Us” link or otherwise to The Company that infringes or violates any rights of any party or violates these Terms of Service, Any user submitting or otherwise exchanging communications, content or material, including, without limitation, any personal or commercial information, idea, concept or invention, irrevocably grants to the Company an unrestricted, worldwide, royalty-free license to use, reproduce, display publicly, perform, publish, transmit, and agree that The Company is free to use any ideas, concepts that you or individuals acting on your behalf provide to the Service or Company.

 

  1. Indemnification

You agree to indemnify, defend and hold harmless the Company, and its directors, officers, employees and agents, affiliates, vendors and third parties from and against all claims, liability, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

 

14b.  Media Use

By participating in our events and promotional gatherings, you agree to the unlimited license and use of any pictures, video of any kind, audio and any and all digital formats for use in our promotional and advertising materials, including and not limited to posters, video and web site use in all forms.

 

  1. Links to other Sites

This site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and we are not responsible for any content posted on these sites. Be aware that The Company does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, timeliness, completeness, or appropriateness for a particular purpose of the information. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of other sites or their content. Because other sites use automated links containing information that may be deemed inappropriate, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in those third party sites, including the weekly ads available online, and you hereby irrevocably waive any claims against us with respect to such sites.

 

  1. No Medical Advice

The Pink Cleats web site is designed for educational purposes only and is not engaged in providing medical advice or professional services.  The information provided through this site should not be used for diagnosing or treating a health problem or a disease.  It is not a substitute for professional care.  If you have or suspect you may have a health problem, you should consult your health care provider.

 

 

  1. Access to website

Pink Cleats seeks to have our information provided to those who have an interest in our service and events.  We are able to provide translations to other languages and other means of viewing our site if you are not able to access the information.  Should you need additional assistance, please contact our office and we will make the materials available to you in a format that you may access.

 

  1. Termination

The Company may, in its sole discretion, terminate your use of the SERVICE, password, account (or any part thereof), or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) preventing, tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your registration hereunder upon twenty (20) days written notice by you to the Company of your intent to terminate the Agreement.

 

Termination or cancellation of this Agreement or your access rights shall not affect any right or relief to which the Company may be entitled, at law or in equity. Upon termination of this Agreement, all rights previously granted to you will automatically terminate and immediately revert to the Company, its affiliates, third parties and its licensors.

 

  1. Changes to the Site/Modifications

The Company, its suppliers, affiliates and vendors, in its sole discretion, reserve the right to change or modify the information, services, products, materials, and any other resources contained on or accessible through this site, or discontinue this site altogether, at any time without notice.

 

The Company may modify this agreement at any time in the future, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued use of this site shall be deemed your acceptance of the modified agreement. Continued use of the Service by you shall constitute your binding acceptance of any such changes, modifications, additions or deletions.

 

  1. Miscellaneous
    This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You may not assign your rights, and no other party or person shall be a third-party beneficiary to this Agreement. This agreement and Terms of Service is personal between you and The Company. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Westchester County, New York, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into accountant in the decision by the Company to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of the Company. Any assignment of the foregoing other than as provided for in this section shall be null and void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This agreement shall be deemed mutually drafted by the parties. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

 

  1. Trademark

The Pink Cleats’ logo are trademarks and may not be used or licensed without written consent from our legal department.

 

  1. Contact/notices

PinkCleats.org is owned by Pink Cleats-coaches Against Cancer, Inc a registered 501c 3 company. Should you require information on our company, you may contact us by writing to us at: Legal Department, Pink Cleats-Coaches Against Cancer, Seven Chesley Road, White Plains, New York 10605.