Effective as of 8/14/2015
TERMS OF SERVICE
This Agreement (hereinafter, the “Agreement”) applies to the following website, www.streamlinerowing.com (the “Site”). The Site is owned and operated by Packet Tide, LLC, a limited liability company duly formed in the State of New York, doing business as “Streamline Rowing” (the “Company” or “Streamline”).
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THIS SITE. BY USING THIS SITE, OR BY ACCEPTING DELIVERY OF THE PRODUCTS OR SERVICES OFFERED BY OR THROUGH THE SITE OR ON THE SITE, YOU AGREE THAT THE TERMS APPLY TO AND GOVERN YOUR USE OF THIS SITE. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
By accessing, visiting, registering with, using the Site or by making a purchase, placing an order, seeking to or participating in a race or regatta, or otherwise utilizing the Site, including but not limited to, submitting any information, documents or electronic communications or transmissions through the Site (hereinafter, a “User”), the User hereby agree to and acknowledge the following terms and conditions for using the Site1:
The User agrees and acknowledges that he or she read and understands the terms, conditions, articles and provisions contained herein (hereinafter, the “Terms”);
The User agrees and acknowledges that he or she will be bound by the Terms;
If the User does not agree to be bound by the Terms, the User agrees that he or she shall not use the Site, submit any information or documents to or through the Site, and further agrees to refrain from transmitting any electronic communications or transmissions on, by or through the Site;
The User agrees and acknowledges that Company may change the Terms at any time by posting any such changes, additions, deletions or modifications to the Site’s Legal Page;
The User agrees to periodically check the Site’s Legal Page and review the same periodically;
The User agrees that his or her access to and use of the Site constitute the User’s acknowledgement of and agreement to the Terms as well as any changes, additions, deletions or modifications the Company may, in its sole discretion, make to the same. The sole exception to this sub-paragraph shall be conduct engaged in by the User prior to the Company’s modification, addition, deletion or change in the Terms. The date these Terms were last modified is set forth at the beginning of these Terms.
The User is responsible for the security of his or her account and for any and all activities that take place under the User’s account.
Certain conduct, including, but not limited to, the use of the Site for illegal activity is strictly prohibited. Any User found to be in violation of this provision shall be automatically removed from the Site and shall not be not permitted to use the Site thereafter. Please note that any and all Users suspected unlawful activity shall be reported by the Company to the proper authorities.
Certain content, such as threatening posts or content that violates intellectual property rights of any person, individual, organization, company or governmental entity are strictly prohibited.
The Company shall have the right to remove User posted or generated content that violates any of the Terms, conditions, provisions, articles or policies contained herein.
Users are not the employees or agents of the Company. Users are solely responsible for ensuring that any information, solicitations, or advertisements he or she posts on the Site comply with all applicable state and federal laws, rules and regulations.
The Company strictly complies with the Digital Millennium Copyright Act’s safe harbor provisions. If you believe that materials located on or linked to the Site violates your legal rights, please notify the Company in accordance with the Company’s Digital Millennium Copyright Act Policy.
The Company may send Users emails as part of its service. Any User may opt out of receiving such email communications.
The Company, however, will notify you of material changes to these Terms by posting a notice on the Site’s homepage or by sending an email to the email address provided by the User to the Company upon registration. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date in order to give you notice. Any User’s continued use of the Site after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
The Company is not affiliated with any specific educational institution, entity, organization, team, club or the like. Users are not employees, representatives or agents of the Company. The Company does not negotiate agreements by and between Users and educational institutions or other Users nor is the Company involved in or a party to any agreement(s) by and between Users.
Liability. The User hereby agrees and acknowledges that the Company shall not be held liable for the actions or omissions of any User or the Company in their performance or non-performance of any duties or obligations, to the extent permitted by law.
Legal Compliance. All Users represent and warrant that he or she: (1) has the authority to, and is of legal age in her or her jurisdiction to, bind himself or herself to this Agreement; (2) a User’s use of the Site will be solely for purposes that are permitted by this Agreement; (3) a User’s use of the Site will not infringe or misappropriate the intellectual property rights of any third party; and (4) a User’s use of the Site will comply with all local, state and federal laws, rules, and regulations, and with all other Company policies.
Disclaimer of Warranties. The Company provides the Site and the online platform as is, and the Company make no promises or guarantees about this Site. The Company provides the Site “as is,” without warranty of any kind. Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the Site including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Specifically, the Company makes no representation or warranty that the information we provide or that is provided through the Site is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, that the Site will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Site. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Limitation of Liability. The Company shall not be liable for damages or losses arising from your use of the Site or arising under this Agreement. To the extent permitted by applicable law, in no event will the Company be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (1) the use, disclosure, or display of your User-Generated Content; (2) your use or inability to use the Site; (3) the Site generally or the software or systems that make the Site available; or (4) any other interactions with the Company or any other User of the Site, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Streamline has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. The Company will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
Third Party Beneficiaries. Users are not intended third-party beneficiaries of this section of the Terms. Any information provided on the Site is for informational purposes only. The Company and any creator of User-Generated Content containing information disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose, to the fullest extent permitted by law. In no event will the Company or a User be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the User-Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company or contributors of User-Generated Content are advised of the possibility of such damages. Neither the Company nor contributors of User-Generated Content are liable for any personal injury, including death, caused by your use or misuse of the Site or User-Generated Content.
Release and Indemnification. You agree to indemnify and hold harmless the Company from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement. If you have a dispute with one or more Users, you release the Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Prohibited Content. The User/Users hereby agrees and warrants that he or she shall not, under any circumstances, transmit any content (including software, text, images or other information) that: (1) is unlawful or promotes unlawful activities; (2) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (3) is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (4) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (6) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (7) impersonates any person or entity, including any of our employees or representatives; or, (8) violates the privacy of any third party.
User-Generated Content. As a User or Users, you may create content, written or otherwise, while using the Site (“User-Generated Content”) for which you are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms. The Company may modify or remove User-Generated Content for any reason, in its sole discretion.
Licensing Rights & Grant. You agree to allow the Company to use any User-Generated Content you upload to the Site, including, but not limited to, team names, logos, photographs, videos or the like. You hereby grant the Company the following rights by posting any User-Generated Content via the Site: you expressly grant the Company and any successor(s), agents, representatives or assigns, a worldwide, perpetual, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the User-Generated Content in connection with the Company’s business purpose.
User Responsibilities. Users are solely responsible for ensuring that any information, solicitations, or advertisements posted or place on the Site, including without limitation User-Generated Content, and any communications they may have through the Site, fully comply with all applicable laws.
Third Party Content. There may be content from third parties on the Company’s Site, such as blog posts written by other users or links to other websites. Because the Company cannot control that content, the Company is not responsible for that content or for the websites that content may link to. By using the Site, you will be able to access content belonging to or originating from third parties (“Third Party Content”). Your use of the Site constitutes your consent for the Company to present such Third Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content. As part of the Site, the Company may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Site Users and Users. The Company has no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, the Company does not represent or imply that the Company agrees with, adopts or endorses, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company specifically. We are not responsible for any Third Party Content accessed through our Site. If you leave the Site to access Third Party Content, you do so at your own risk and you should be aware that the Company’s Terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted herein.
If you believe that material located on or linked to by the Company violates a copyright, please notify the Company in accordance with the Digital Millennium Copyright Act. The Company respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company will terminate a User or Users’ access to and use of the Site if, under appropriate circumstances, the User or Users is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. The Company may terminate access for participants, Users or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Company’s designated copyright agent at 10 Lake Ave, Suite #3 Saratoga Springs, New York.
Response To DMCA Take-Down Notices. If the Company takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties as necessary.
Counter-Notices. If you believe that your User-Generated Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Site, you may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Site in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Intellectual Property. The Company retains all ownership of our intellectual property, including our copyrights, patents, and trademarks. The Company retains ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. This Agreement does not transfer from us to you any the Company or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement. Specifically, the Company as well as the Site, and all other trademarks that appear, are displayed, or are used on the Site or as part of the Service are registered or common law trademarks or service marks of the Company. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from the Company, except as an integral part of any authorized copy of the Content.
Electronic Communications. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form via the email address you have submitted or via the Site; and (2) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights. Communications made through email or the Site’s private messaging system will not constitute legal notice to the Company or any of our officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
If you wish to terminate this Agreement or your account with the Site, you may simply discontinue using the Site. If you wish to delete your User or Users account data, please contact Support@streamlinerowing.com. The Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within thirty (30) days. Likewise, the Company may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. All legal and contractual rights, duties, obligations and responsibilities survive termination of a User’s relationship with the Site or the Company. All provisions of this Agreement shall survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any controversy, claim or dispute arising out of the use of the Site or relating to this Agreement, shall be, if the Company elects to do so, settled by binding arbitration in Saratoga, New York. Such arbitration shall be conducted in accordance with the prevailing commercial arbitration rules of the American Arbitration Association (“AAA”). As stated in Paragraph 5 above, an exception to the AAA commercial arbitration rules for the purposes of this Agreement shall be that the prevailing party shall be awarded reasonable attorney fees, and costs and expenses incurred. The parties agree to abide by all decisions and awards rendered by the designated AAA arbitrator in such proceeding. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for collection purposes. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow the applicable law, which, pursuant to this Agreement, is New York State law.
IF, FOR ANY REASON, THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE OR UNENFORCEABLE, THEN EITHER PARTY, TO THE FULLEST EXTENT PERMITTED BY NEW YORK STATE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING TO OR ARISING OUT OF THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES, IN ANY ACTION, PROCEEDING OR COUNTERCLAIM.
Authorization to Contract. The User, hereby agrees, represents and warrants that he or she is of legal age to form a binding contract; or, if the User is registering on the Site on behalf of an entity, that such User is authorized to enter into and bind the entity to these Terms.
Governing Law & Transferability. Except to the extent applicable law provides otherwise, this Agreement between you and the Company and any access to or use of the Site or the Service are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Saratoga, New York, except as provided pursuant to Article 9 of this Agreement. You, and you alone, are responsible for any obligations you agree to under this Agreement and the Terms. If the Company is involved in a merger or is purchased or bought out, the Company may transfer this Agreement to any other entity or individual, as long as your rights are protected.
Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Force Majeure. Streamline shall not be liable nor responsible for any personal or physical injuries, loss or damage to personal or private property in connection with any Service provided by the Company, including but not limited to: (1) acts of God; (2) detention; (3) annoyance(s); (4) terrorism; (5) thefts; (6) pilferage; (7) civil disturbances; (8) government restrictions or regulations; (9) strikes; (10) delays and expenses arising from quarantine; (11) failure of any means of conveyance to arrive or depart as scheduled; and (12) discrepancies or change in transit or services over which the Company has no control.
Recognition of Release of Liability & Indemnification. The Client agrees and understands that this Agreement shall be an enforceable release of liability and indemnity provision and that such provisions shall be broadly and inclusively construed in favor of the Company, as permitted by the laws of the State of New York.
Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Final & Binding Agreement. The User and the Users hereby agree and acknowledge that he or she read and understand the Terms herein and further agree to be bound by the Terms, conditions, policies, articles and provisions as stated herein.
1 By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Site. The Site is available only to individuals who are at least eighteen (18) years old or those who have provided the Site with a waiver and authorization from a parent, agent, guardian or other duly authorized representative.