Terms of Service
Welcome to the 1unitedvolleyball.com website (the “Site”). 1 United Volleyball (“1 United,” “we” or “us”) provides services to you subject to the notices, terms, and conditions (collectively, the “Conditions) set forth in this agreement (the “Agreement”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. Accessing, Browsing or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to these Conditions, please do not use the Site.
1. DESCRIPTION OF SERVICES
The Site offers information, ecommerce, and membership options in order to participate in organized sports events including, but not limited to, sports training, team membership, private lessons, and event registration. To take full advantage of all of the functions and features of the Services, you may be required to create a member account. While creating a member account, we may ask you to provide the following information: name, email address, phone number, mailing and billing address, player name, player date of birth, player position, player apparel sizing, player previous volleyball experience or affiliations. It is a condition of your use of the Services that all the information you provide is correct, current and complete.
1 United Volleyball disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with the Agreement or if we are investigating your suspected misconduct. We also reserve the right to modify, suspend or discontinue the Services, or add or create new limits to our Services, with or without notice at any time and without any liability to you.
2. CONDITIONS OF USE
Your use of the Services and any of its functions or features is subject at all times the Agreement and any other applicable third party terms.
You agree that all information you provide to register with or use the Services or otherwise is correct, current and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. To the extent that you provide any information, including, but not limited to, personal information to 1 United or its representatives, or access or seek access to any such information through the Services, you represent, warrant and covenant that: (a) you are providing or accessing only your own information or the information of others whose information you are authorized to provide to third parties, and you have all required consents and permissions required to share such information with 1 United; (b) the use of such information by 1 United and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation; and (c) you will not provide any information or otherwise use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that jeopardizes the security of your account in any way.
You must not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must access the Services using applications provided by 1 United or using a standard web browser. Using automated tools to access, upload or download content is not permitted.
You must be eighteen (18) years of age or older to create a Member Account. Fraudulent accounts will be terminated. Only parents or legal guardians may create an account for individuals under the age of eighteen (18) or for youth leagues and/or submit information about individuals under the age of eighteen (18) or about youth league participants.
3. ACCOUNT SECURITY
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You acknowledge and agree that, (a) your Member Account is personal to you and you will not provide any other person with access to the Services using your Member Account, user name, password or other security information; and (b) you will notify us immediately of any unauthorized access to or use of your Member Account or any other breach of security.
4. ACCOUNT OWNERSHIP
We are not responsible or liable for any Member Account ownership disputes that may arise with respect to Member Accounts. In the event of a dispute regarding Member Account ownership, our policy is to not make any changes to Member Account ownership unless and until we are able to reasonably determine the rightful Member Account owner. As such, we reserve the right to request documentation to determine or confirm Member Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the Member Account, and other verifiable documentation. 1 United reserves the right, in its sole discretion, to, at any time, determine the rightful owner of Member Accounts and transfer any Member Account to its rightful owner. Our determination of Member Account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of Member Account ownership, we may terminate the subject Member Account.
You acknowledge and accept the foregoing Member Account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against 1 United arising out of such policy and our Member Account ownership determination, agree immediately to dismiss any claim so brought, and hereby agree to indemnify and release 1 United from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
5. CANCELLATION OR TERMINATION OF MEMBER ACCOUNT
Either 1 United or you may terminate or cancel your Member Account at any time without notice. You understand and agree that cancellation of your Member Account is your sole right and remedy with respect to any dispute with 1 United.
6. SERVICE FEES
You acknowledge that 1 United reserves the right to charge for the Services and/or specific functions or features of the Services and to change its fees at any time in its sole discretion. In the event of a termination of your 1 United Member Account for any reason, whether by 1 United or by you, you shall not be entitled to a refund of any unused portion of the fees paid by you to use the Services. If you wish to purchase Services or products described on the Site, you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by 1 United in the manner described in our Privacy Policy. You agree to pay all charges incurred by you or any users of your Member Account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms of Service, your Transaction shall be subject to any additional terms applicable to such services, features or purchases. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION THAT YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You agree that you will only use credit cards belonging to you or which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses. You grant 1 United the right to provide any information you submit via the Services to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
If we are unable to verify or authenticate any information that you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Member Account may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts and you may be prohibited from accessing or using the Services.
By purchasing any Services, you hereby authorize 1 United to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Transaction. You hereby understand and agree that in most cases, 1 United will be charging your designated credit card in accordance with the payment schedule of the Transaction or Service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify 1 United of any changes to your credit card or if your credit card has expired, otherwise your access to the Services may be disconnected or interrupted. All fees must be paid in U.S. Dollars.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction(s) or use of the Services. Amounts not paid by you to 1 United when due may be assessed an additional interest per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that 1 United may incur in its efforts to collect any remaining balances due from you. The Agreement shall in no way limit any other remedies available to 1 United. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your Member Account or your Member Account is terminated. 1 United reserves the right, in its sole discretion, to retroactively charge your credit card (or other applicable payment mechanism) for any outstanding balances greater than sixty (60) days old. You must notify 1 United of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify 1 United within sixty (60) days, you waive any right to dispute such problems or discrepancies.
7. THIRD PARTIES AND USER INTERACTIONS
The Services may contain links to third party websites or services that are not owned or controlled by 1 United, and includes features that allow you to interact and communicate with third parties (including sports organizers and sports registrants). When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. 1 United has no control over and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third-party websites, or which are posted to or through the Services by other parties. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
1 United is not responsible for the actions, content, information or data of any third parties. You are solely responsible for your interactions with any other parties with whom you interact through the Services. Additionally, your dealings with third parties found on the Services or participation in their promotions or activities, including payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that 1 United shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties.
If you have a dispute with one or more individuals or entities with whom you interact through the Services, you release us and our Covered Parties 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, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes.
8. MEMBER CONDUCT
You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit Member Content or other content.
9. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY
The Services and all past, present and future content of the Services, including all user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of 1 United, are: (a) owned by 1 United, its licensors or other providers of such material; (b) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws; (c) are intended solely for the personal, non-commercial use of our users; and (d) may only be used in accordance with these Terms of Service.
You may not use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit any content on the Services for any purpose other than as expressly permitted under these Terms of Service.
10. LIMITATIONS OF LIABILITY
1 United shall be neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or in connection with (A) your use, or ability to use, the Services or any associated content or member content; or (B) any interaction with any third party through or in connection with the Services.
Your sole remedy for dissatisfaction with the services is to stop using the services. In no event will 1 United, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable to you in the aggregate for any damages incurred in excess of the greater of any fees you have actually paid to 1 United for use of the Services in the six (6) months prior to the events giving rise to the claim.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless 1 United, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to or misuse of the Services; (ii) your violation of the Agreement or any additional terms applicable to your use of the Services; or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your Member Content.0