Terms and Conditions of Service – Valley Royals Track & Field Club
Updated September, 2021
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this \”Site\”).
By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
INTRODUCTION
Please read these Terms of Service carefully before using Valley Royals Online Payment Service. This Agreement sets forth the legally binding terms and conditions for use of the Service, the Site, and any other websites or services provided by the Valley Royals Track & Field Club.
ACCEPTANCE OF TERMS
By using the Valley Royals Service in any manner You agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity, its affiliates, and all users who access the Valley Royals Online Payment Service.
DEFINITIONS
The following capitalized terms, when used in this Agreement, have the following meanings:
“Agreement” or “Terms of Service” means this document, titled “Valley Royals Terms of Service.”
“You”, “User”, or “Customer” mean any business, person or organization that has accepted these Terms of Service for the purpose of using the Service.
“Service” means, but is not limited to mean, the Service described on the Valley Royals website.
“Valley Royals” or means the Valley Royals Track & Field Club, a non-profit society organized under the laws of the Province of British Columbia.
“Account” means the membership relationship established between You and the Valley Royals upon Your acceptance of these Terms of Service.
“Site” refers to the website hosted at domain http://valleyroyals.org and all associated subdomains.
“Privacy Policy” means the Valley Royals Privacy Policy described at Valley Royals Privacy Policy
AGREEMENT BETWEEN USER AND VALLEY ROYALS TRACK & FIELD CLUB
The network of VALLEY ROYALS TRACK & FIELD CLUB operated by VALLEY ROYALS TRACK & FIELD CLUB or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. The VALLEY ROYALS TRACK & FELD CLUB websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the VALLEY ROYALS TRACK & FIELD CLUB Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular VALLEY ROYALS TRACK & FIELD CLUB website included within the VALLEY ROYALS TRACK & FIELD CLUB Web Sites network may also be subject to additional terms outlined elsewhere on that website (the \”Additional Terms\”). Additionally, the VALLEY ROYALS TRACK & FIELD CLUB Web Site may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular VALLEY ROYALS TRACK & FIELD CLUB website, then these terms shall control.
MONTHLY PAYMENT PLAN:
Agreeing to use the Valley Royals monthly payment plan is agreeing to pay each installment for every month of the year until the full cost of the membership is paid for. The purpose of the monthly payment plan is to break down the annual fee into smaller payments. Monthly payments are not based on the practice schedule so payments happen every month regardless of the number of practices happening in a particular month.
SECURITY:
The Valley Royals Online Payment System maintains commercially reasonable administrative, technical and physical procedures to protect Your information from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that You provide this personal information regarding You and Your payers at Your own risk. We recommend You review our Privacy Policy, which will help You understand how we collect, use and safeguard the information You provide to us. See: Valley Royals Privacy Policy
You are responsible for maintaining the security of Valley Royals Membership Profile and login credentials. The Valley Royals are not liable for any loss or damage from Your failure to maintain the security of these credentials.
MODIFICATION OF TERMS OF SERVICE:
The Valley Royals reserves the right, acting in its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to You. The Valley Royals may also impose limits on certain features and Services or restrict Your access to parts or all of the Service without notice or liability. You are responsible to check these Terms of Service periodically for changes, and Your continued use of the Service after the posting of any changes to the Terms of Service constitutes acceptance of those changes.
PRIVACY POLICY:
As a condition to using the Service, You agree to the terms of the Valley Royals Privacy Policy. The Privacy Policy may be updated from time to time without notice, and is hereby incorporated by reference. The most current version of the Privacy Policy may be found at Valley Royals Privacy Policy
COPYRIGHT AND CONTENT OWNERSHIP:
The Service itself, including the use of the Valley Royals name, logos, domain names and other distinctive brand features are protected by copyright and other laws. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Java script) or visual design elements.
You retain Your rights to any content You submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, You grant the Valley Royals a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods (now known or later developed).
COPYRIGHTS AND TRADEMARKS:
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the CANADIAN and other copyright laws, and is the property of VALLEY ROYALS TRACK & FIELD CLUB. The collective work includes works that are licensed to VALLEY ROYALS TRACK & FIELD CLUB. Copyright 2016-Present. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the \”Marks\”) are trademarks or registered trademarks of and are proprietary to VALLEY ROYALS TRACK & FIELD CLUB, or other respective owners that have granted.
THIRD PARTY SERVICES:
You acknowledge and understand that the Valley Royals uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. The Valley Royals reserves the right to change Service providers at any time. The Valley Royals are not responsible for any interruptions in the Service as a result of these third party vendors or its integration with them.
RULES AND CONDUCT:
As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms of Service.
By way of example, and not as a limitation, You agree not to take any action (and/or shall not permit any third party to take any action) on or through the Service that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Valley Royals or any third party;
- Impersonates any person or entity, including any employee or representative of the Valley Royals.
Additionally, You agree that You will not:
- Take any action that imposes or may impose (as determined by the Valley Royals in its sole discretion) an unreasonable or disproportionately large load on the Valley Royals (or its third party providers’) infrastructure or the Service;
- Interfere or attempt to interfere with the proper working of the Service or any activities conducted using the Service;
- Bypass any measures the Valley Royals may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- Run Mail list, Listserv, any form of auto-responder or “spam” on the Service; or
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Disable or remove any of the features or design on the Service.
You also agree that You will not (directly or indirectly):
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
- Modify, translate, or otherwise create derivative works of any part of the Service, or
- Rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder, and that it, he, or she will, in the course of using the Service, abide by all applicable local, state, national and international laws and regulations.
USE OF SITE, PERSONAL AND NONCOMMERCIAL USE LIMITATION:
Unless otherwise specified; the VALLEY ROYALS TRACK & FIELD CLUB Web Sites are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the VALLEY ROYALS TRACK & FIELD Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with VALLEY ROYALS TRACK & FIELD CLUB or to purchase VALLEY ROYALS TRACK & FIELD CLUB products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of VALLEY ROYALS TRACK & FIELD CLUB is strictly prohibited. Harassment in any manner or form on the Site or any of the VALLEY ROYALS TRACK & FIELD CLUB websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a VALLEY ROYALS TRACK & FIELD CLUB employee, coach, host, or representative or other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
TRANSACTION HISTORY:
Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your Valley Royals Membership Profile, and Your Transaction History.
GEOGRAPHIC LOCATION:
By registering for a membership in the Valley Royals, You are confirming to be either a legal resident, a citizen, or a business entity authorized to conduct business in one of the countries in which Valley Royals operates.
TERM:
The Agreement is effective upon the date You agree to it (by electronically indicating acceptance) and continues so long as You use the Service or until terminated by the Valley Royals.
TERMINATION:
You may terminate this Agreement by cancelling Your Valley Royals Membership via an email to the club Administrator. We may terminate this Agreement and close Your Account at any time for any reason stipulated explicitly or implicitly in these Terms of Service.
NO WARRANTY:
THE VALLEY ROYALS AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE SITE AND THE SERVICE “AS IS,” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. THE VALLEY ROYALS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE VALLEY ROYALS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
LIABILITY LIMIT:
IN NO EVENT SHALL THE VALLEY ROYALS, AND (AS APPLICABLE) THE VALLEY ROYALS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THE VALLEY ROYALS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE VALLEY ROYALS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO ANY USER, CLIENT NONPROFIT, OR THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY THE CLAIMANT TO THE VALLEY ROYALS IN THE 12 MONTHS PRIOR TO THE ACT GIVING RISE TO LIABILITY, OR (B) $100. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY:
You agree to indemnify and hold the Valley Royals and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.
FORCE MAJEURE:
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse Your liabilities and obligations under Section 10, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and Services.
NO GUARANTEE:
The Valley Royals does not guarantee continuous, uninterrupted access to the Service, and operation of the Service. At any time the Service may be interfered with by numerous factors inside and outside the Valley Royals\’ control.
If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.
NO AGENCY:
You agree that the Valley Royals is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created by this Agreement.
CHOICE OF LAW AND VENUE:
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of British Columbia, excluding its conflicts of laws rules, and the Country of Canada. Any lawsuit or other action to resolve any dispute arising in connection with or on account of any breach or alleged breach of this Agreement shall be brought in a provincial or federal count in the Province of British Columbia having jurisdiction and venue over the action. For this purpose, each User and Client Nonprofit waives any objection or defense based on lack of personal jurisdiction.
MODIFICATION OF THESE TERMS AND CONDITIONS:
The VALLEY ROYALS TRACK & FIELD CLUB reserves the right to change the terms, conditions, and notices under which the VALLEY ROYALS TRACK & FIELD CLUB Websites are offered, including but not limited to the charges associated with the use of the VALLEY ROYALS TRACK & FIELD CLUB Web Sites. You are responsible for regularly reviewing these terms and conditions.
