In this Agreement, "you" means the person using the website. A "user" is anyone registered with a T4 website account, or any persons authorized by you to use the account. A "parent" refers to both parents and legal guardians. "T4 Soccer," "T4," "we" or "us" means T4 Soccer LLC.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHETHER YOU ARE A CASUAL VISITOR TO THE WEBSITE OR A REGISTERED USER. YOU AGREE TO BE BOUND BY BOTH THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICIES.
TERMS APPLICABLE TO UNREGISTERED AND REGISTERED VISITORS TO THE T4 WEBSITE
- Availability. T4 Soccer uses reasonable efforts to ensure that the website is available 24 hours a day, 7 days a week. However, the website may become unavailable due to planned or unplanned maintenance or upgrades, or for failures beyond the control of T4. You understand and accept that T4 is providing the website on an 'As Is' basis without any warranty, express or implied, either to merchantability or fit for purpose. The website may also be unavailable due to computer viruses or attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, government action, labor conditions, earthquakes, or any other cause which is beyond T4’sreasonable control. T4 shall not be liable to you for any interruption in the availability of its website or any loss of data due to these or similar causes.
- Electronic Communications. When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Third Party Fees. You are solely responsible for any third party fees incurred for accessing the website as well as for the equipment you use to access the website.
- Trademarks and Copyrights. T4, T4 Soccer, its brand, marks and product names are the proprietary property of T4. Third parties brands, names and marks are also their proprietary property. No license or right to these properties is granted by T4 to any person accessing the website or participating in T4 performance assessments or events. T4 is the owner of all copyright and database rights related to both the website and its performance assessments and events, unless otherwise stated.
- External Links. Third party links are provided for convenience only and you use them at your own risk. T4 does not endorse, evaluate, or assume responsibility for the content, usability or availability of any other website. T4 assumes no liability for any loss or damage caused by other websites, promotional emails or linked services, or any contaminating or destructive worms, viruses or Trojan horses that you are exposed to by using these links.
- Revision of Terms. The terms of this Agreement may be changed at any time without prior notice. Your continued use of the website constitutes acceptance of this agreement and any revisions to it.
- Contact. T4 Soccer is located at 466 Southern Blvd, Suite 2, Chatham, NJ 07928. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator by sending an email to: firstname.lastname@example.org
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the website only with the approval and involvement of a parent or guardian. T4 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMS APPLICABLE TO REGISTERED USERS OF THE WEBSITE
- Registration. In consideration of your use of the website and performance assessment programs, you represent and certify that you are of legal age to enter into a binding contract and not prevented or barred from doing so by regulation or law. You agree that the information you provide is true and accurate and you also agree to maintain it regularly. You understand and accept that your failure to maintain true and accurate information is grounds for suspension or termination of your access to the website and programs. Any malicious or intentionally misleading or false information or performance results entered into the website, or provided during one of its programs, are also grounds for suspension or termination of your account, the loss of access to any and all information provided by and to you, and may lead to additional penalties.
- Required Age: To register as a user of T4's website you must be at least 18 years of age. Minor children under the age of 18 who wish to access the T4 website and programs must obtain permission from their parents and their parents must agree to this Agreement. Children younger than 13 years of age may not set up an account directly and must access the T4 system and their profile via their parent(s). Parents are responsible for determining if the T4 website, content and performance assessment programs are appropriate for your children.
- Revision of Terms. The terms of this Agreement may be changed at any time without prior notice. Your continued use of the website constitutes acceptance of this Agreement and any revisions to it.
- Revision of Website or Programs. T4 retains the right to amend the website and program offerings, services, prices and fees at any time, for any reason, without notice, unless a separate written agreement is fully executed between T4 and certain individuals or organizations, at T4's sole discretion. If a material change is made, T4 will use its reasonable efforts to notify you of these changes by sending an email based on the email address provided and maintained in your T4 account. If you continue to use the website and programs after receiving notification, it will be assumed you have accepted these changes.
- Site License. T4 Soccer grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the website and to participate in T4's performance assessment programs. This license cannot be transferred. T4 retains its rights, title and interest in any and all aspects of its software, performance assessment programs, images, brands, marks copyrights, trade secrets, know-how and other proprietary property.
- Restrictions on Use. You may not modify the website, copy or reverse engineer, assemble or compile, or take any other action that would reveal any source code, trade secrets, know-how or other proprietary information of T4. This license remains in effect only for the period you continue to use the website.
- Account and Password Security. When you register on the T4 website, you will create an account using a user i.d. and a password. You are responsible for your account and password and any and all activities that occur using your account and password. If you become aware of a breach of security involving your account and password or of any other use of the website or programs, please contact T4 immediately at email@example.com. While T4 will take reasonable actions to investigate and resolve the breach of security, T4 is not liable for any loss or damage from your failure to protect the security of your account and password.
- Your Content. You grant T4 a non-exclusive, perpetual and irrevocable license to retain, duplicate, publish, display and transmit the information you provide to us. You remain the owner of the information provided. You are responsible for obtaining any permission required to use the information provided to T4. You also agree to indemnify and hold T4 harmless for its use of your information.
- Rules of Conduct. You are required to read, understand and comply with T4's Rules of Conduct ("Rules") for use of our website. The Rules require you to not obtain, record, publish, disclose or otherwise disseminate information or take or cause others to take any action using the website, devices, applications, or other recording equipment, that is:
- obscene, vulgar, pornographic, sexually explicit, or profane;
- racially or otherwise offensive;
- anonymous or uses a false identity or address;
- abusive, harassing, defamatory, or threatening;
- manipulative, misleading, intentionally inaccurate or fraudulent;
- suggestive or encourages illegal act or behavior such as theft, stalking, sexual assault, trafficking in drugs, obscene or stolen material;
- an infringement of copyright or trademark law;
- a violation of the right to privacy of an individual;
- a commercial or business-related advertisement or offer to sell products or service, or any other business venture, without T4's express, written permission;
- destructive in any manner; for example: email, html and text delivered viruses, worms, Trojan horses, denial of service attacks, spam, unsolicited offers, or any other code or instruction that contaminates, disrupts or destroys access, data or communication;
- violate any applicable federal, state, local or international law or regulation;
- financial information about yourself or any other individual or group not required for making a purchase or paying fees;
- exploit children under 18 years of age; invades the privacy of any person, including but not limited to submitting personall identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
- solicits personal information from a child under 13 years of age;
- antisocial, disruptive or destructive including "flaming", "spoofing", "spamming", "flooding", "trolling", "griefing" or other similar activities; and/or,
- prevented by confidentiality agreement.
- Your Account. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the website, which include, without limitation, use of the website to:
- post your personal information (other than profile or performance results) such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the website;
- use any manual or automated means to access other user accounts, user i.d., or passwords;
- create user accounts or payments by automated means or under fraudulent or false pretenses;
- create or transmit unsolicited electronic communications such as spam to Users;
- engage in competitions or enter content that can cause physical or mental harm to the participants or visitors to either T4's website or T4's performance assessment programs;
- collect and publish any information about any of our Users;
- use any spider, robot, retrieval application, or any other device to retrieve any portion of the website;
- reformat any of the pages that are part of the website; and/or
- engage in any other activity deemed by T4 Soccer to be in conflict with the spirit of these Terms and Policies.
- Remove, Edit or Delete Information. T4 reserves the right to remove, delete or edit any information that, in its sole discretion, is unsafe or inappropriate in one or more areas as described in the Rules above. T4 also reserves the right to suspend or terminate any account from which inappropriate information is entered, stored, originated or distributed, without any requirement on T4's part to determine the actual individual or individuals responsible. You agree to indemnify and hold T4 harmless for any damage of any type caused by T4 enforcing its Rules.
- Prices, Fees and Payment Disclosures. The prices, fees and payment schedule for T4's performance assessment programs, analytical and reporting services, and other products may be provided on the website for convenience. These may change at any time.
- Making Payments. T4 accepts credit card payments for testing events, subscriptions, reports and other products and services. To protect the security of your personal financial information and to ensure that your choices for its intended use are honored, T4 partners with CyberSource’s Authorize.Net®. T4 is not responsible for any denial of credit or related costs, and you remain solely responsible for payments for T4’s products and services.
- Disclosure of Your Information. You understand that T4 may be required to access, retain and disclose your account information if, in T4's good faith opinion, it is required to do so by law or in defense of a potential or actual civil or criminal action.
- Suspension and Termination of Account. T4 reserves the right to suspend or terminate your account and block your use of the website, at any time, without notice, for any reason including, but not limited to, the following:
- non-payment of agreed amounts under any agreements between you, your club, team or professional training organization, and T4;
- breach of the terms of this agreement or the policies or guidelines established by T4 which are published on this website
- your actions or statements that T4 believes, it its sole discretion, are harmful to other users or to our company or third party partners.
You agree to indemnify and hold T4 harmless to you or any third party due to a termination of your account for any actions defined immediately above.
- No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
- Compliance by Others. We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of the Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and T4 as a result of this Agreement or use of the website or programs.
- Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to reimbursement of its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
- Waiver.The failure of T4 to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by T4 in writing.
- Construction. The headings of sections of the Agreement are for convenience and are not to be used in interpretation.
- Entire Agreement. This Agreement constitutes the entire agreement between you and T4 and governs your use of the website, superseding any prior agreements between you and T4. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- Disputes. Any dispute relating in any way to your visit to the website or to T4's performance assessment programs, products or services sold or distributed by T4 or through the website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds an amount defined as a small claim shall be adjudicated in any state or federal court in Miami-Dade County, Florida, and you consent to exclusive jurisdiction and venue in such courts.