TERMS AND CONDITIONS OF USE
HomeTeamManager, a subsidiary of Cyber Solutions Group LLC provides this
Internet site, software and related services subject to your compliance with the
terms and conditions set forth below. Your continued use of this site and/or
HomeTeamManager software evidences your agreement to them. Please read the
following information carefully.
Address and Contact Information
Mailing Address:
Cyber Solutions Group LLC
Attn: HomeTeamManager.com
6346 S.W. 31 Street
Miami, FL 33155
Fax: (786) 513-2453
Email: info@HomeTeamManager.com
MODIFICATION OF THESE TERMS OF USE
HomeTeamManager reserves the right to change the terms, conditions, and notices
under which the HomeTeamManager Services/Software are offered, including but not
limited to, the charges associated with the use of the HomeTeamManager
Services/Software. If you do not agree to the changes proposed by
HomeTeamManager with respect to the HomeTeamManager Services/Software, your sole
and exclusive remedy is to terminate your use of the HomeTeamManager
Services/Software. Unless explicitly stated otherwise, any new features or
products that change, augment or enhance the current HomeTeamManager
Services/Software shall be subject to these Terms and Conditions of Use.
YOUR CREATED LEAGUE/TEAM WEBSITE
An important part of the HomeTeamManager Services/Software is the ability to
create web pages and services which are described at www.HomeTeamManager.com. To
download the software, create a website and administer a league/team site, you
must become a Registrant and/or Administrator, as the case may be. To become a
HomeTeamManager Registrant or Administrator, you must agree to these Terms and
Conditions of Use.
SEEK PROFESSIONAL OR EXPERT ADVICE
No activity described in connection with the HomeTeamManager Services/Software
should be engaged in without the prior consent of a physician. Further,
HomeTeamManager makes no claims on the safety or appropriateness of any
information found on or through the HomeTeamManager Services/Software.
SECURITY
You are responsible for (i) keeping your HomeTeamManager account login and
password information confidential, and (ii) restricting access to your computer.
You accept full responsibility for all activities that occur within your
HomeTeamManager account and/or created league/team website.
LINKS TO THIRD PARTY SITES
The HomeTeamManager website and/or your newly created league/team may contain
links to other websites (“Linked sites”). The Linked sites are not under the
control of HomeTeamManager and HomeTeamManager is not responsible for the
contents of any Linked site, including without limitation, any link contained in
a Linked site, or any changes or updates to a Linked site. HomeTeamManager is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by HomeTeamManager of the site or any
association with its operators.
THIRD PARTY ADVERTISING
Ads appearing on HomeTeamManager or your created league/team website may be
delivered to users by HomeTeamManager or one of our web advertising partners.
Our web advertising partners may set cookies. These cookies allow the ad server
to recognize your computer each time they send you an online advertisement. In
this way, ad servers may compile information about where you, or others who are
using your computer, saw their advertisements and determine which ads are
clicked on. This information allows an ad network to deliver targeted
advertisements that they believe will be of most interest to you. This privacy
statement covers the use of cookies by HomeTeamManager and does not cover the
use of cookies by any advertisers.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HomeTeamManager Services/Software, you warrant
to HomeTeamManager that you will not use the HomeTeamManager Services/Software
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the HomeTeamManager Services/Software in any manner
that could damage, disable, overburden, or impair the HomeTeamManager
Services/Software or interfere with any other party’s use and enjoyment of the
HomeTeamManager Services/Software. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the HomeTeamManager Services/Software.
MATERIALS PROVIDED TO HOMETEAMMANAGER OR POSTED AT OR THROUGH THE
HOMETEAMMANAGER SERVICES/SOFTWARE
HomeTeamManager does not claim ownership of the materials you provide to
HomeTeamManager (including feedback and suggestions) or post, upload, input or
submit on or through the HomeTeamManager Services/Software (collectively
“Submissions”). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting HomeTeamManager, its suppliers, and
HomeTeamManager’s affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of the HomeTeamManager
Services/Software including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. HomeTeamManager is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
HomeTeamManager’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
YOUR USE OF THE HOMETEAMMANAGER SERVICES/SOFTWARE AND THE INTERNET IS AT YOUR
SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE HOMETEAMMANAGER SERVICES/SOFTWARE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. HOMETEAMMANAGER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE HOMETEAMMANAGER SERVICES/SOFTWARE AT ANY TIME. ADVICE RECEIVED
VIA THE HOMETEAMMANAGER SERVICES/SOFTWARE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HOMETEAMMANAGER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION OR MATERIALS
CONTAINED ON OR THROUGH THE HOMETEAMMANAGER SERVICES/SOFTWARE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOMETEAMMANAGER AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
HOMETEAMMANAGER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE HOMETEAMMANAGER SERVICES/SOFTWARE, WITH THE
DELAY OR INABILITY TO USE THE HOMETEAMMANAGER SERVICES/SOFTWARE, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED INFORMATION AND MATERIALS OBTAINED THROUGH THE
HOMETEAMMANAGER SERVICES/SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE
HOMETEAMMANAGER SERVICES/SOFTWARE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF HOMETEAMMANAGER OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HOMETEAMMANAGER
SERVICES/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE HOMETEAMMANAGER SERVICES/SOFTWARE.
Unless expressly agreed to in writing by HomeTeamManager, without limiting the
foregoing, neither HomeTeamManager nor its suppliers is responsible for any of
your data transmitted or stored through the HomeTeamManager Services/Software.
You are responsible for backing-up your data and information, whether or not
such information is produced, transmitted, or stored through the use of the
HomeTeamManager Services/Software.
AGE OF USERS
HomeTeamManager owns and operates the HomeTeamManager Services/Software and
these Terms and Conditions of Use only address the activities of HomeTeamManager.
Other sites (including those that we link to) and the league/team sites of
HomeTeamManager registrants and administrators may have their own policies,
which we do not control and which are not addressed by these Terms and
Conditions of Use.
HomeTeamManager registrants and administrators must be at least 18 years old.
PRIVACY POLICY
HomeTeamManager respects the privacy of its users. The terms and conditions of
the HomeTeamManager Privacy Policy can be accessed at the following link http://www.HomeTeamManager.com/privacy.
TERMINATION/ACCESS RESTRICTION
HomeTeamManager reserves the right, in its sole discretion, to terminate your
access to the HomeTeamManager Services/Software or any portion thereof at any
time, with or without notice.
CONTENT - COPYRIGHT:
All content included on or through the HomeTeamManager Services/Software,
including text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, software, and other materials appearing on or
through the HomeTeamManager Services/Software (collectively, “Content”), is the
property of HomeTeamManager or its content suppliers: Copyright 2005
HomeTeamManager and/or its suppliers. All rights reserved. All Content is
protected by United States and international copyright laws. The compilation of
all content on the HomeTeamManager website is the exclusive property of
HomeTeamManager and protected by U.S. and international copyright laws. All
software used on or through the HomeTeamManager Services/Software is the
property of HomeTeamManager or its software suppliers and protected by United
States and international copyright laws.
You agree to abide by U.S. and other applicable export control laws and not to
transfer, by electronic transmission or otherwise, any Content subject to
restrictions under such laws to a national destination prohibited under such
laws, or to any person or entity prohibited under such laws, without first
obtaining, and then complying with, any requisite government authorization. You
further agree not to upload to or through the HomeTeamManager Services/Software
any data or software that cannot be exported without prior written government
authorization and notification of HomeTeamManager, including, but not limited
to, certain types of encryption software.
You acknowledge and hereby agree that the HomeTeamManager Services/Software and
any software used in connection with the Service (the "Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. HomeTeamManager provides you with a
non-exclusive, non-transferable, limited license to use the Software, which you
agree to use in accordance with these Terms and Conditions of Use. You may not
sub-license or charge others to use or access the Software without first
obtaining written permission or a written agreement from HomeTeamManager. The
Software is owned by HomeTeamManager and/or its suppliers and is protected to
the maximum extent permitted by copyright laws and international treaty
provisions. Any reproduction, modification, creation of derivative works from or
redistribution of the Software is expressly prohibited, and may result in severe
civil and criminal penalties. The Software, its structure, sequence and
organization and source code are considered trade secrets of HomeTeamManager and
its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY
NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER
ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
TRADEMARKS
HomeTeamManager.com, Cyber Solutions Group and other trademarks or servicemarks
displayed or used on or through the HomeTeamManager Services/Software are
trademarks of HomeTeamManager, its affiliates, subsidiaries, suppliers, and
licensors. All rights are reserved. These and other graphics, logos, service
marks, trademarks and trade dress of HomeTeamManager, its subsidiaries,
affiliates, suppliers, and licensors appearing on or through the HomeTeamManager
Services/Software may not be used without the prior written consent of
HomeTeamManager, its affiliates, subsidiaries, suppliers, and licensors, as the
case may be. Without limiting the foregoing, no HomeTeamManager trademark or
trade dress may be used in connection with any product or service in any manner
that is likely to cause confusion among users, or in any manner that disparages
or discredits HomeTeamManager.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and HomeTeamManager as a result of this agreement or use of
the HomeTeamManager Services/Software. HomeTeamManager’s performance is subject
to existing laws and legal process, and nothing contained in these Terms and
Conditions of Use are in derogation of HomeTeamManager’s right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the HomeTeamManager Services/Software or information provided to or
gathered by HomeTeamManager with respect to such use.
If any part of these Terms and Conditions of Use are determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms and Conditions of Use shall continue in effect.
These Terms and Conditions of Use, together with the HomeTeamManager Privacy
Policy and any other HomeTeamManager user agreement agreed to by you, together
constitute the entire agreement between the user and HomeTeamManager with
respect to the HomeTeamManager Services/Software and supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and HomeTeamManager with respect to the
HomeTeamManager Services/Software.
A printed version of these Terms and Conditions of Use and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms and Conditions of Use to the same extent
an d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that these Terms and Conditions of Use and all related documents be
drawn up in English.
APPLICABLE LAW; JURISDICTION
These Terms & Conditions will be governed by and construed in accordance with
the laws of the State of Florida, without giving effect to its conflict of laws
provisions or your actual state or country of residence. Any claims, legal
proceeding or litigation arising in connection with the Service will be brought
solely in Miami-Dade County, Florida, and you consent to the jurisdiction of
such courts. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods.
All references to HomeTeamManager in these Terms and Conditions of Use are
intended to include Cyber Solutions Group LLC, the legal owner and operator of
HomeTeamManager.
These Terms and Conditions of Use were last revised June 2006.
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