1. ACCEPTANCE OF TERMS
Welcome to the Scholastic Fencing League (SFL) and the Fencing Academy of Denver (FAD). SFL and FAD provide service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Additionally, when using particular SFL/FAD services, consumer and SFL/FAD shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Use of the Service constitutes agreement to this TOS.
2. DESCRIPTION OF SERVICE
SFL/FAD currently provides fencing related services of various types to include instruction, tournaments, camps and other activities (the "Service"). Consumer also understands and agrees that the Service may include advertisements and that these advertisements are necessary for SFL/FAD to provide the Service. Consumer also understands and agrees that the Service may include certain communications from SFL/FAD, such as service announcements or administrative messages and that these communications are considered part of SFL/FAD registration and consumer will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. Consumer understands and agrees that the Service is provided "AS-IS" and that SFL/FAD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information or communications.
3. CONSUMER REGISTRATION OBLIGATIONS
In consideration of consumers use of the Service, consumer agree to: (a) provide true, accurate, current and complete information as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If consumer provides any information that is untrue, inaccurate, not current or incomplete, or SFL/FAD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SFL/FAD has the right to suspend or terminate consumers account and refuse any and all current or future use of the Service (or any portion thereof).
SFL/FAD respects consumers right to privacy. Therefore, SFL/FAD will not share, sell, or rent individual personal information with anyone for their promotional use without consumers advance permission or unless ordered by a court of law. Information submitted to SFL/FAD is only available to employees managing this information for purposes of contacting consumer or sending consumer emails based on consumers request for information.SFL/FAD uses appropriate security measures to protect against the loss, misuse and alteration of data used by our system.
5. WITHDRAWALS AND ENTRY FEE REFUNDS AT SFL/FAD EVENTS
It is the individual’s responsibility to immediately take action to withdraw from an event should circumstances arise which would not enable an individual to participate.
WITHDRAWING FROM AN EVENT:
• Prior to Registration Deadline: If registration has not yet closed, an individual may withdraw by sending an email to email@example.com. Consumer will need the confirmation number from their original registration to withdraw. Because your credit card will be charged immediately, SFL/FAD will contact the credit card company to issue a refund as soon as possible after the contact by the consumer.
• After Registration Deadline: As policy, SFL/FAD does not issue refunds after the close of registration for an event. In special circumstances, and at the sole discretion of SFL/FAD a refund may be granted. Contact SFL/FAD by sending an email to firstname.lastname@example.org to determine eligibility.
Consumer agrees to indemnify and hold SFL/FAD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content consumer submits, posts, transmits or makes available through the Service, consumers use of the Service, consumers connection to the Service, consumers violation of the TOS, or consumers violation of any rights of another.
7. NO RESALE OF SERVICE
Consumer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without express written permission from SFL/FAD.
8. MODIFICATIONS TO SERVICE
SFL/FAD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Consumer agrees that SFL/FAD shall not be liable to consumer or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SFL/FAD has no control over such sites and resources, you acknowledge and agree that SFL/FAD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Consumer further acknowledges and agrees that SFL/FAD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. SFL/FAD'S PROPRIETARY RIGHTS
Consumer acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Consumer further acknowledges and agrees that content contained in sponsor advertisements or information presented to consumer through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SFL/FAD or advertisers, consumer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
11. DISCLAIMER OF WARRANTIES
CONSUMER EXPRESSLY UNDERSTANDS AND AGREES THAT:
• CONSUMERS USE OF THE SERVICE IS AT CONSUMERS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SFL/FAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
•SFL/FAD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET CONSUMERS REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CONSUMER THROUGH THE SERVICE WILL MEET CONSUMERS EXPECTATIONS.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CONSUMER FROM SFL/FAD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 11 MAY NOT APPLY TO YOU.
Notices to consumer may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to consumer generally on the Service.
14. GENERAL INFORMATION
The TOS constitute the entire agreement between consumer and SFL/FAD and governs consumers use of the Service, superseding any prior agreements between you and SFL/FAD. Consumer also may be subject to additional terms and conditions that may apply when consumer uses affiliate services, third-party content or third-party software. The TOS and the relationship between consumer and SFL/FAD shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and SFL/FAD agree to submit to the personal and exclusive jurisdiction of the courts located within Arapahoe county, Colorado. The failure of SFL/FAD to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain in full force and effect. Consumer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.