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This Agreement constitutes a legally binding agreement between League Builder,
Inc., a New York corporation ("League Builder"), and each individual who uses
the website, leaguebuilder.com and or who registers with League Builder by
creating an account on the League Builder website.
Welcome to our Web site. By visiting or using our site, you are agreeing to
comply with and be bound by the following terms and conditions. Please review
the following terms carefully. If you do not agree to these terms, you should
not use this site. League Builder, Inc. (“League Builder”, and references to
“us” or “our”) maintains this web site as a service to its customers, potential
customers, and other interested parties. We do not discriminate on the basis of
age, race, national origin, gender, sexual orientation or religion
1. Users or Participants.
References to “you” include accountholders or viewers of our Web Site. No
person under the age of 13 should use the Site. You represent that you are a
person over the age of 13. You agree that it is your responsibility to keep
your information current, complete and accurate by periodically updating your
information in the appropriate section of our website.
2. Acceptance of Agreement.
You agree to the terms and conditions outlined in this User Agreement
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us and from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site. This Agreement and the Policies as so
amended will be posted on our website, and your continued use of the Service
thereafter will constitute your affirmative acceptance of any such amendment
and your agreement to the terms thereof.
3. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 5 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Nothing contained on
this Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use this Site or any information displayed
on this Site, throughout the use of framing or otherwise. Some of the content
on the site is the copyrighted work of third parties.
4. Service Marks.
"LeagueBuilder.com", “League Builder”, “Team Builder”, “Schedule Builder”
Privacy Policy and others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
5. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
6. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 5 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or
any Content and Materials retrieved from it; (b) use the Site or any materials
obtained from the Site to develop, as a component of, any information, storage
and retrieval system, database, information base, or similar resource (in any
media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the Site;
(d) use any Conten t and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now existing or
developed in the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual process to
harvest information from the Site, including but not limited to
“screenscraping”; (i) use the Site for the purpose of gathering information for
or transmitting (1) unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile tr ansmissions;
(j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; (k) export or
re-export the Site or any portion thereof, or any software available on or
through the Site, in violation of the export control laws or regulations of the
United States; and (l) introduce to the site any code intended to disrupt the
site, alter or delete its content, access confidential information on our
website or interfere with the operation of the Service, including, but not
limited to, distribution of unsolicited advertising or mail messages and
propagation of computer worms and viruses.
7. Termination of Accounts.
This Agreement is effective when accepted by you, as described in the first
paragraph of this Agreement, and will remain in effect and legally bind you and
us until you or we terminate your membership in the Service. You may terminate
your membership in the Service at any time in accordance with the procedures
established on our website from time to time. We may terminate this Agreement
without cause immediately after notice to you of such termination.
You understand and agree that the cancellation of your Account is your sole
right and remedy with respect to any dispute with League Builder. All other
provisions of this Agreement, which may reasonably be construed as surviving
such termination, will survive the termination of this Agreement.
If League Builder terminates your Account, you will forfeit all credits,
pre-paid fees, and any other amounts, if any, and League Builder shall not be
required to refund, redeem, or pay amounts to you upon such termination.
Upon termination of your Account for any reason, you shall remain liable for
and League Builder reserves the right to (a) collect all charges, fees,
commitments and obligations incurred or accrued by you; (b) delete any
listings, messages or other information in connection with your account; (c)
prohibit your access to your Account, including without limitation by
deactivating your password; and (d) refuse future access to the Site. In no
event shall League Builder be required to refund, redeem, or pay any fees to
you upon termination of Account.
8. Discontinuation or Suspension of Use.
We may, in our sole discretion, at any time and without prior notice:
a. discontinue transmitting all or any part of the Content related to the
Service;
b. change, discontinue or limit access to the Service or any functionality,
feature or other component of the Service; or
c. if we reasonably believe you have breached this Agreement, suspend or
terminate your use of or access to the Service upon giving you notice of such
suspension or termination.
9. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site
immediately upon request by us.
10. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s
materials. You also acknowledge and agree that any information you provide to
advertisers and sponsors is subject to that company’s own privacy and data
collection policies.
11. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. Each registration is for your personal use only. You
are responsible for preventing unauthorized use.
12. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We do
not represent or warrant that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable. We may make changes to
the features, functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
League Builder reserves the right, at its sole discretion, to, at any time,
modify the Site, temporarily or permanently, (or any part thereof), including
the imposition of limits on certain features and services or restriction of
access to parts or all of the Site, with or without notice. You agree that
League Builder shall not be liable for any modification, suspension of the
Site. If you do not agree to any such modifications, your sole and exclusive
remedy is to cancel your Account.
Generally, League Builder shall provide notification of scheduled server or
network maintenance. League Builder will normally perform such scheduled
maintenance during non-peak operating hours. However, League Builder reserves
the right to perform scheduled and unscheduled maintenance of its servers and
network as deemed necessary in its sole discretion, and without prior notice.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
information.
14. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable. You will maintain the confidentiality of the user IDs and passwords
by which you access the Service, and will allow access to the Service only by
authorized persons, and not by any program or automated means. Any use of your
assigned user IDs or passwords will be deemed to be your use. If there is a
breach of security through your account, you will immediately change your
password and notify us of such breach. You agree that, unless you have first
notified us immediately of any such breach, we should assume that any
instruction transmitted using your user ID and password is yours and has been
authorized by you, and we will have no obligation to inquire into the propriety
of such instruction. You will not permit any use of the Service that would
damage, interfere with or unreasonably overload the Service. You acknowledge
that League Builder will not contact you to solicit your user ID or password.
15. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND CONTENT AND MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. LEAGUE BUILDER DOES NOT WARRANT THAT THE FUNCTIONALITY
CONTAINED ON THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Indemnification.
(a) By using the Site and/or posting materials, you agree to indemnify League
Builder, as well as their respective officers, directors, employees,
successors, agents, and affiliates, for any and all loss, injury, claim,
liability, or damage of any kind resulting in any way from (i) any errors in or
omissions from the Site or any services or products obtainable therefrom, (ii)
the unavailability or interruption of the Site or any features thereof, (iii)
your use of the Site, (iv) the content contained on the Site, (v) any delay or
failure in performance beyond our control, (vi) any failure to screen leagues,
accountholders or users of the Site, (vii) any acts or omissions of any
leagues, accountholders or users of the Site, (viii) materials posted by, or
of, any party other than League Builder, (ix) the accuracy, dependability,
privacy, security, authenticity or completeness of data transmitted over or
obtained using the Internet, or (x) any failure to perform any obligation
hereunder, or from any delay in the performance thereof, due to causes beyond
our reasonable control, including the elements, acts of God, labor disputes,
acts of terrorism, acts of civil or military authority, fires, floods,
epidemics, quarantine restrictions, failure or erratic behavior of
telecommunications or power system, sabotage, armed hostilities, riots or
government regulation of the Internet.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our future
products, services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
and copyright.
18. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or services
and the Site may contain links to Merchant web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. You understand that we do not operate
or control the products or services offered by Merchants. If you decide to
leave our Site and access these third-party sites, you do so at your own risk.
Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or purchase from such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
19.Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
20. Privacy Policy.
You agree to be solely responsible for all information, data, text, messages or
other materials you post to the Site. You agree to provide true and complete
information. You shall be responsible for maintaining the confidentiality of
your password(s) and shall be responsible for any and all transactions by users
given access to such account or password and any and all consequences of use or
misuse of such account and password. You shall be responsible for all actions
by such users, and shall indemnify League Builder for such actions.
League Builder does not claim ownership of Content provided to League Builder.
Any information supplied upon registering and any other information about you
is subject to League Builder's Privacy Policy. Our Privacy Policy, as it may
change from time to time, is a part of this Agreement. You must review this
Privacy Policy by clicking on this link.
21. Payments.
You represent and warrant that if you are purchasing something from us, through
us or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
22. Electronic and Oral Communications.
a. You acknowledged that we may rely on your electronic instructions. We may
follow any instructions received by electronic means through the League Builder
website just as if you had given such instructions in person, regardless of
whether or not you have personally initiated such instructions.
b. You consent to the receipt of all reports, transaction confirmations,
account statements, correspondence and other information from us electronically
through either (i) access to your League Builder Account on our website or (ii)
the email address provided by you to us. We will not be responsible for your
inability to connect to the Internet or to access the League Builder website or
otherwise not to receive electronic communications. Electronic communications
are presumed to be delivered to and to be received by you when sent by us,
whether actually received or not. You acknowledge that you have access to
hardware and software necessary to receive from us correspondence and records
in electronic form.
23. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
24. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
25. Refund and Return Policy.
You acknowledge that refunds are the responsibility of the league, tournament,
or event organizers. League Builder will not refund any registration fees.
Please note that certain products and services mentioned on our site are sold
by third parties or are linked to third party Web sites, and we have no
responsibility or liability for those products or services. You may obtain any
additional information concerning our refund and return policy, including our
mailing address, by contacting us at info@LeagueBuilder.com.
26. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in
Nassau County, New York, and shall be governed by and construed in accordance
with the laws of the State of New York (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, documents, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
Section 16 and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party. Any rule of
construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in interpreting this Agreement. This Agreement
and all incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event of an
acquisition, sale or merger. If any provision of this agreement is held
illegal, invalid or unenforceable for any reason, that provision shall be
enforced to the maximum extent permissible, and the other provisions of this
Agreement shall remain in full force and effect. If any provision of this
Agreement is held illegal, invalid or unenforceable, it shall be replaced, to
the extent possible, with a legal, valid, and unenforceable provision that is
similar in tenor to the illegal, invalid, or unenforceable provision as is
legally possible. To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this
Agreement. The title, headings and captions of this Agreement are provided for
convenience only and shall have no effect on the construction of the terms of
this agreement.
You acknowledge and accept that any breach of Section 5 and Section 6 above is
likely to irreparably harm us and will not be susceptible of cure by monetary
damages. Consequently, if you breach any provisions of Section 5 or Section 6
above, then we will be entitled to obtain injunctive or other equitable relief
in addition to any remedies it may have at law.
This Agreement represents the entire agreement of the parties hereto with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or representations, written or oral, concerning the
subject matter hereof (including without limitation, earlier versions of this
Agreement that may have been accepted by you through the League Builder website
or otherwise). We reserve the right to modify this Agreement at any time upon
notice given in accordance with this Agreement. Your non-termination and
continued use of the Service after notice of any modification of this Agreement
will constitute affirmative acceptance by you of such modification and your
consent to abide by any terms thereof. You acknowledge that the most recent
version of this Agreement will be located on the League Builder website under
Member Agreement. No other act, document, usage or custom will be deemed to
amend or modify this Agreement.
27. Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us relating to Site
operations and/or intellectual property, shall be settled solely by
confidential binding arbitration in accordance with the commercial arbitration
rules of JAMS applicable at the time the arbitration commences. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Nassau County, New York. Each
party shall bear its own attorneys' fees. Each party shall bear one-half of the
arbitration fees and costs incurred through JAMS.
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