Somerville Boxing Terms Of Service

Your use of the website, software and online services (collectively, the "Services") of The Somerville Youth Development and Boxing Club Incorporated (the "Club") is subject to the terms of a legal agreement between you and the Club.

Your agreement with the Club includes the terms and conditions set out in this document (the "Universal Terms"), as well as other terms that may be set out in notices in connection with your use of specific online Services offered by the Club (the "Additional Terms"). Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. The Universal Terms and/or the Additional Terms are sometimes referred to herein simply as the "Terms."

If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You can do so by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by the Club in the user interface for any Service; or (b) by actually using the Services, in which case the Club shall treat your use of its Services as acceptance of the Terms.

You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract.

Privacy Policy

As part of our agreement, you acknowledge that you have received and reviewed the Club's Privacy Policy, as in effect from time to time, the provisions of which are expressly incorporated in the Terms by this reference.

Termination of Our Agreement

You acknowledge and agree that the Club may stop providing any Service (or any features within any Services) to you at the Club's sole discretion, without prior notice to you and with or without any cause; if notified by the Club that you must stop using any Service, shall be are compelled to do so. Likewise, you may stop using the Services at any time.

Use of the Services by You

You agree to use the Services only for purposes that (a) are permitted by the Terms, and (b) are not prohibited by any applicable law.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to such Services).
Unless you have been specifically permitted to do so in a separate agreement with the Club, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the Club's website's content or the Services for any purpose.

Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of or through your use of the Services are the sole responsibility of the person from which such content originated, whether the Club or some other party. All such information is referred to below as the "Content."

The Club makes no representations or warranties regarding the accuracy, timeliness, reliability or appropriateness of any Content.

You should be aware that Content presented to you as part of the Services, including advertisements and sponsored Content, if any, may be protected by intellectual property rights that are owned by the persons who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Club or by the owners of that Content, in a separate agreement.

Proprietary Rights

You acknowledge and agree that the Club (or the Club's licensors) own all legal right, title and interest in and to the Services. You further acknowledge that media whereby you may use such Services may contain information that is designated confidential by the Club and that you shall not disclose such information without the Club's prior written consent.

You agree that you shall not use, remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Club's website.

License from the Club

The Club grants you a worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided as part of the Services (the "Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.

You may not, directly or indirectly, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, or any part thereof, unless you have been specifically told that you may do so by the Club in writing.

Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, THE CLUB AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CLUB AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(a) ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(b) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD-PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WHOSE ADVERTISING OR CONTENT APPEARS ON THE CLUB'S WEBSITE; (ii) ANY CHANGES THAT THE CLUB MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (iv) MISUSE BY A THIRD PARTY OF DATA INPUT BY ANY PERSON OTHER THAN THE CLUB.

THE LIMITATIONS THE CLUB'S LIABILITY TO YOU IN THE PRECEDING PARAGRAPH SHALL APPLY, WHETHER OR NOT THE CLUB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You agree to indemnify and hold harmless the Club and its affiliates from any losses (including attorneys' fees and disbursements) resulting from a claim by any third party that arises from or in connection with (a) your breach of the Terms, or (b) actual or alleged acts or omissions by you.

The Club's website may display advertisements and promotions. In consideration for the Club's granting you access to and use of the Services, you agree to the placement of such materials by the Club.

External Content

The Club's website may include hyperlinks to other websites or content or resources. You understand that the Club will have no control over any websites or resources that are provided by companies or persons other than the Club.

You acknowledge and agree that the Club is not responsible for the availability of any such external sites or resources, and does not endorse any content, advertising, products or other materials on or available from such websites or resources.

Changes to the Terms

The Club may make changes to the Universal Terms or the Additional Terms from time to time. When these changes are made, the Club will make a copy of the Terms, so revised, available at its website.

You understand and agree that, if you use any of the Services after the date on which the Universal Terms or Additional Terms have changed, your use shall be deemed to constitute acceptance of the updated Universal Terms or Additional Terms.

Miscellaneous

In using the Services, you may use a service or download a piece of software, or purchase goods that are provided by a person or company other than the Club. Such dealings may be subject to separate terms between you and the company or person concerned.

The Terms constitute the whole legal agreement between you and the Club and govern your use of the Services.

You agree that the Club may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Club's website.

You agree that, if the Club does not exercise or enforce any legal right or remedy that the Terms provide for (or that the Club has the benefit of under any applicable law), such inaction shall not constitute a waiver of any of the Club's rights.
If any court of law, having the jurisdiction to decide on such matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with the Club under the Terms, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to any principles of conflicts of laws that might otherwise direct the application of the laws of another jurisdiction. You and the Club agree to submit to the exclusive jurisdiction of the state and federal courts located within the Counties of Suffolk and Middlesex, Massachusetts to resolve any legal matter arising under the Terms. Notwithstanding this, you agree that the Club shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Last revised July 2016