Terms and Conditions of Use

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Acceptance of Terms

 

Welcome to www.sjpaaf.org (the “Site), a website owned and operated by Police Amateur Athletic Foundation (“PAAF”). These Terms and Conditions of Use (“Terms and Conditions”) set forth the terms and conditions under which you may use our Site and services as offered by us.  These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

 

Please read these Terms and Conditions carefully before accessing or using our Site.  By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions.  If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Site or use any services.

 

Our Site is hosted on the Wix.com platform.  They provide us with the online platform that allows us to sell our products and services to you.

 

Content and Services

 

The Site may provide certain content (including, without limitation, documents, photographs, advertisements, marketing materials, pricing information, text, graphics, and images) and services that may change or update from time to time (the “Content” and “Services”).  The Content and Services offered on the Site are provided solely to enable PAAF to provide information about our services, activities, and events.

 

Use of the Site

 

Use of the Site is voluntary.  You may choose not to use the Site.  You may use or download Content for your business only as specifically permitted on the Site, or for your personal, noncommercial purposes.  The information PAAF obtains from users will be used only in accordance with PAAF’s Privacy Policy.

 

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

When buying a ticket to an event, you agree that: (i) you are responsible for reading the full event details before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a ticket when you commit to buy a ticket and you complete the check-out payment process.

The prices we charge for our ticketed events are listed on the website. We reserve the right to change our prices for events displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Promotional Email Consent

 

You agree to receive from time-to-time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

 

Contact Information

 

You may contact PAAF as follows:

• Email: info@sjpaaf.org

• Mail: PO Box 721115, San Jose, CA 95172

 

Prohibited Behavior

 

You are responsible for all Content that you upload, post, email, or otherwise transmit using the Site.  Likewise, you are responsible for respecting PAAF’s rights with respect to Content that appears on the Site and agree not to download, email, or otherwise transmit such Content in violation of PAAF’s rights.  You agree to use the Site solely to accommodate your own personal or business needs.  You may not use or exploit any portion of the Site, Content or Services to provide any commercial services, “spam,” or other unsolicited communications to third parties or offer any portion of the Site to any third party.  You shall not use the Site or Services to:

• Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing, or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;

• Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive;

• Impersonate another person or entity, including without limitation, a representative of PAAF or its officers, directors, employees, or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;

• Use the Site or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;

• Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect PAAF or any third party; or

• Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity (except for a business you are authorized to act on behalf of), including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.

 

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent;

• Use any device, software, or routine that interferes with the proper working of the Site;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

• Otherwise attempt to interfere with the proper working of the Site.

 

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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Engaging in any of the foregoing prohibited actions may result, at PAAF’s sole discretion, in cancellation of the Registered User’s registration and other remedies, and PAAF shall have no liability to the user.

 

Disclaimer of Warranties

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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or on any website linked to it.

 

The use of the site and services is solely at your own risk. The site and services are provided on an 'as is' and 'as available' basis.

 

PAAF expressly disclaims all warranties of any kind with respect to the Site (including, without limitation, the content and/or services offered on the Site) whether express or implied including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

PAAF makes no warranty that the Site, Content or Services will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete, or error-free or that the results that may be obtained by use of the Site, Content or Services will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site, Content or Services is to cease to use the Site or Services. You may have other rights which may vary from state to state or within national jurisdictions.

 

PAAF expressly disclaims any responsibility for the actions of any registered user or other user who uses the Site. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

Exclusions and Limitation of Liability

 

You expressly understand and agree that PAAF, its officers, directors, employees, agents, licensors, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, loss of business or anticipated savings, personal injury, pain and suffering, emotional distress, loss of goodwill, loss of use, data loss, or other losses (even if PAAF has been advised of the possibility of such damages) resulting from any matter related to your use of, or inability to use, the Site, Content or Services, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

 

Copyright

 

This Site and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are exclusive property of PAAF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Certain materials are used by permission of their respective owners. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Site without the prior written permission of PAAF, except that, subject to your compliance with the Terms and Conditions, PAAF authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of PAAF, or third parties.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any of its Content is transferred to you, and all rights not expressly granted are reserved by PAAF. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

 

Links

 

The site may include links to other websites. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by PAAF with respect to the provider of such linked site or the linked site. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. PAAF makes no representations or warranties with respect to any linked site.  Your use of any linked site is solely at your own risk.

 

Geographic Restrictions

 

The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Indemnification

 

You agree to defend, indemnify, and hold PAAF, its officers, directors, employees, agents, contractors, licensors, service suppliers, subcontractors, suppliers, and interns harmless from and against any loss, claims, actions, expenses (including reasonable attorneys’ fees), or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or from your use or misuse of this Site.

 

Entire Agreement

 

The Terms and Conditions constitute the entire agreement between you and PAAF relating to the Site. There is no agency, partnership, joint venture, employee-employer, or attorney-client relationship between any user and PAAF arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs, and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

 

The failure of PAAF to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

 

Changes

 

PAAF reserves the right to update, change, or replace any part of these Terms and Conditions. If such a change is made, PAAF will post the revised Terms and Conditions on the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Site following the posting of any revised Terms and Conditions constitutes acceptance of those changes.

 

Miscellaneous

 

PAAF reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. PAAF reserves the right to refuse to offer access to the Site to anyone at any time without notice.

 

These Terms and Conditions, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of California, United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Santa Clara County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.