sportZwave^TM

sportZwave provides you with a convenient online system which you can use to submit registrations for various athletic leagues, organization memberships, and a variety of events. The leagues and events themselves are owned and operated by various organizations, not by sportZwave, and sportZwave passes your registration information directly to the organizations. sportZwave does not control and is not responsible for the operation of the leagues and events. You must agree to the terms and conditions provided in the full Terms of Use Agreement below before you continue using this website.

TERMS OF USE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “AGREEMENT”) AND ALL TERMS AND CONDITIONS CONTAINED HEREIN BEFORE USING OR ACCESSING THE SERVICES OFFERED BY SPORTZWAVE, INC. (“SPORTZWAVE”), ON AND THROUGH THE SPORTZWAVE WEBSITE (THE “SITE”). BY CLICKING THE BUTTON MARKED “I ACCEPT THESE TERMS” OR BY ACCESSING AND/OR USING THE SERVICES OFFERED ON AND THROUGH THE SITE, YOU HEREBY ACCEPT THE FOLLOWING TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU AND WILL GOVERN YOUR USE OF AND ACCESS TO THE SERVICES OFFERED ON AND THROUGH THE SITE . IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD CLICK “I DO NOT ACCEPT THESE TERMS” AND/OR MUST NOT ACCESS OR USE THE SITE.

1. Site. The Site is an interactive web-based system providing event listing and registration services. The Site provides users the ability to browse, find, and register for participation in various events via an online web-based interface. Events listed on the Site are organized and run by various individuals and organizations (“Organizers”), including associations, clubs, companies, country clubs, event organizations, camps, intramural leagues, non-profits, recreational leagues, school teams, toddler organizations, and tournaments.

The Site is intended for the use of individuals over eighteen (18) years of age. You may not register for, access, or use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site or any other website owned or operated by sportZwave. sportZwave reserves the right to terminate, refuse, or otherwise limit the eligibility of any past, present, or future user of the Site, with or without reason.

2. Use of the Site. You agree that this Agreement is supported by good and valuable consideration, the receipt and adequacy of which are hereby acknowledged. As a condition of your use of the Site, you agree and warrant to sportZwave that you will not use the Site for any purpose which is unlawful or otherwise prohibited by this Agreement. The use of certain components or features within the Site and certain registrations accessible through the Site may be governed by additional terms and conditions. Please read all applicable terms and conditions before accessing or using any components or features offered within the Site.

Your access to the Site is a privilege, not a right, and may be terminated due to violation of any of the terms of this Agreement, or for good cause by sportZwave. Without limiting the availability of other remedies, sportZwave may limit, suspend, or terminate your access to the Site and otherwise take any and all technical and legal steps to prevent your access to the Site if sportZwave suspects that you are creating technical problems, legal liabilities, or violating or acting inconsistently with the letter or spirit of this Agreement and any posted policies.

3. Collection of Information. sportZwave is committed to safeguarding user privacy. sportZwave may collect information from you when you use the Site. sportZwave is and shall remain the sole owner of any information collected through any website owned and/or operated by sportZwave, including but not limited to the Site. sportZwave may use the information collected to exercise its rights and fulfill its obligations hereunder, and will not sell, share, or rent this information to any other party without your consent. For additional information on sportZwave information gathering and protection practices, please see the sportZwave Privacy Policy.

4. Ownership. It is hereby understood and agreed by you that sportZwave is the owner of all right, title, and interest in the Site, including all copyrighted and copyrightable materials and other intellectual property, with the exception of any portions provided by or licensed from third parties and/or not published by sportZwave. You do not acquire any ownership rights to the Site and you agree that you shall not use, reproduce, or distribute any portion of the Site or any content provided on or through the Site without the express permission of sportZwave and/or the rights holder.

The sportZwave name, logo, “Play to Win / First You Have to Get There” slogan, and related indicia of source or origin are trademarks of sportZwave. All trademarks, service marks, trade names, trade dress, and other source identifiers displayed on the Site (collectively the "Marks") are the property of sportZwave or are used by sportZwave under grant of license. Any use, display, or modification of the Marks by you without the prior written permission of sportZwave is strictly prohibited.

Prohibited Conduct. You agree that, except as specifically permitted hereunder, you shall not, without express written consent from sportZwave, do or attempt to do any of the following: 1) copy or reproduce the Site, any portion of the Site, or any materials or information provided within the Site; 2) use, modify, distribute, republish, or create derivative works from the copyrighted or copyrightable materials provided within the Site; 3) fail to make payment for any items or services purchased by you through the Site; 4) interfere with any listings on the Site; 5) distribute viruses or other malicious software or code that may harm the Site, sportZwave, or any users of the Site; 6) harvest or otherwise collect personally identifying information about other users of the Site; 7) reproduce, copy, sell, resell, or exploit for any commercial purposes any portion of the Site or the services offered through the Site; 8) download software from the Site, including any files, images incorporated in or generated by the software, and data accompanying the software; or 9) redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the software from the Site to a human-readable form.

YOU AGREE NOT TO DELIBERATELY DAMAGE OR ATTEMPT TO DAMAGE ANY PORTION OF THE SITE. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY ASSOCIATED WITH YOU TO DELIBERATELY DAMAGE OR PREVENT ACCESS TO ANY PORTION OF THE SITE MAY BE A VIOLATION OF FEDERAL AND STATE LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPORTZWAVE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY LIABLE PARTY TO THE FULLEST EXTENT PERMITTED BY LAW.

You may not sublicense, assign, or transfer this Agreement or any rights or obligations under this Agreement except as expressly provided in this Agreement.

The Site may utilize robot exclusion headers and other similar mechanisms to prevent or restrict automated information harvesting. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without the express written permission of sportZwave, or attempt to bypass the robot exclusion headers and other preventative measures taken by sportZwave to limit or restrict access to the Site. You further agree not to take any action that imposes or may impose (in sportZwave’s sole discretion) an unreasonable or disproportionately large load on our server infrastructure.

5. Limitation on Liability / Disclaimer. You shall assume sole responsibility for your access to and use of the Site, and you agree to hold sportZwave harmless from the actions of other users on the Site. The entire risk as to the quality and performance of the Site is with you, and should the Site prove defective or should you experience any problems of any kind with your access to or use of the Site, you assume the entire cost of all necessary servicing, repair, or correction to your computer and associated software and services. Further, you agree to release sportZwave from any and all liability for damages, lost income or profits, lost or stolen materials, or any other harm resulting from your use of the Site or any action taken by you with respect to the Site.

All leagues and events listed on the Site are owned and/or operated by the Organizers, which are comprised of various individuals and third party scholastic, municipal, and private organizations not under the control of or in any way affiliated with sportZwave. Any and all registrations made by you through the Site shall be between you and the Organizers and will be subject to the terms, conditions, and policies of the Organizers. Each Organizer’s terms, conditions, and policies may differ. Except as specifically provided herein, upon completion of a registration with an Organizer sportZwave will have no continuing duties or obligations to you with respect to such registration. sportZwave does not have control over, and therefore does not guarantee the quality or legality of any Organizers, leagues, or events listed on the Site, or the truth or accuracy of listings, except and unless expressly specified herein. Any and all registrations completed through the Site shall be your sole responsibility, and all returns, refunds, and/or exchanges shall be handled by the Organizers according to their terms and policies, and not by sportZwave. You agree to direct all inquiries and requests for changes, corrections, returns, refunds, and/or exchanges to the Organizers with which you have registered, and not to sportZwave.

THE SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPORTZWAVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SPORTZWAVE DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR MATERIALS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE, OR CURRENT. SPORTZWAVE DOES NOT WARRANT THAT ANY OF THE FUNCTIONS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, THAT THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF SUCH INFORMATION OR MATERIALS, OR THAT THE OPERATION AND ACCESSIBILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTZWAVE OR ON OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

IN NO EVENT SHALL SPORTZWAVE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SPORTZWAVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

sportZwave may make changes or improvements to the Site at any time, or may stop providing any component or feature of the Site, or the Site itself, at its sole discretion. sportZwave shall not be held responsible for any errors, or any incorrect or inaccurate information. If, for any reason, the Site is not capable of operating, including due to instability of sportZwave computers or servers by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of sportZwave that corrupt or adversely affect the operation of the Site, sportZwave reserves the right at its sole discretion to immediately suspend or terminate access to the Site.

This Agreement and the information, content, and services available within and through the Site may contain inaccurate information or typographical errors, and may be subject to amendment or modification by sportZwave at any time and without prior notice. Reliance by you on any information provided in or through the Site is solely at your own risk. Notwithstanding the foregoing, if sportZwave is held to be liable to you for any reason, our liability to you is limited to the greater of (a) the total fees you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

6. Limited Warranties / Release. sportZwave warrants that it owns all right, title, and interest in and to the Site or, in the case of any third party software or materials, that it has the right to use and provide access to such third party software or materials. sportZwave further warrants that, to the best of its knowledge, your use of the Site in accordance with this Agreement will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property rights. No oral or written advice or information given by sportZwave, its dealers, distributors, employees or agents (whether actual or apparent) shall in any way extend, modify or add to the foregoing warranties.

In the event that a dispute arises between you and one or more users of the Site, you hereby agree to release sportZwave (and its officers, directors, agents, subsidiaries, joint venturers, and employees) from any and all 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 dispute.

7. Errors; Corrections. You agree that sportZwave shall not be responsible for any errors in the submission or completion of a registration through the Site. Any errors and corrections of errors are the responsibility of the Organizers and you should direct all inquiries relating to errors or corrections directly to the Organizers.

8. Advertisers and External Sites.

The Site may contain advertisements for third party businesses which are not affiliated with, owned by, or controlled by sportZwave. Your dealings with advertisers found on the Site are solely between you and such advertisers. You agree that sportZwave will not be responsible or liable for any loss or damage whatsoever incurred as a result of any dealings with advertisers or as a result of the presence of advertisements on the Site.

This Site may contain links to other sites on the Internet that are owned and/or operated by third party vendors and other third parties (collectively the "External Site(s)"). The External Sites are not endorsed by and are not under the direction or control of sportZwave, and sportZwave is not responsible for the contents of any External Site, the availability of goods, services, or information located on or through any External Site, or any changes or updates to the External Sites. You should contact the site administrator or webmaster for a particular External Site if you have any concerns regarding the content, goods, services, or information located on such External Sites.

9. Indemnification. You agree to indemnify and hold harmless sportZwave, its parents, subsidiaries, affiliates, officers, and employees from any claim, demand, or damages, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of the Site.

10. Jurisdiction and Disputes / Choice of Law. In the event of a dispute between you and sportZwave, you and sportZwave agree to resolve any claim or controversy at law or equity that arises out of this Agreement, your use of the Site, or our services under this Agreement (a "Claim") in accordance with this Section or as we and you otherwise agree in writing. Prior to filing a Claim, you are encouraged to first contact sportZwave customer support to seek a prompt resolution.

You agree that the exclusive venue for any suit arising hereunder shall be in the state and federal courts sitting in Baltimore, Maryland, USA. This Agreement shall be construed under and governed by, for all purposes, the laws of the State of Maryland, without regard to its conflict of laws principles, and any dispute arising hereunder will be governed by the laws of the State of Maryland. Pursuant to Md. Code Ann. Section 22-104, the parties hereby expressly agree to opt out of application of and waive applicability under the Maryland Uniform Computer Information Transaction Act (MUCITA), Md. Code Ann. Commercial Law Sections 22-101 et seq., to the extent allowable by law.

11. Miscellaneous. This Agreement, including any addenda or exhibits attached hereto, constitutes the entire agreement and understanding between the parties with respect to its subject matter. No waiver of breach or failure to exercise any option, right, or privilege under the terms of this Agreement on any occasion or occasions shall be construed to be a waiver of the same or any other option, right or privilege on any other occasion. Except as otherwise specifically provided herein, this Agreement merges and supersedes all prior and contemporaneous agreements, assurances, representations, and communications between or among the parties hereto concerning the matters set forth herein. Amendments, modifications, and supplements to this Agreement shall not be permitted unless such changes are in writing signed and consented to by sportZwave.

Except for the payment of money, neither party will be liable for any failure or delay in performance under this Agreement due to fire, explosion, earthquake; storm, flood, or other unusual weather; unavailability of necessary utilities or raw materials; war; insurrection; riot; act of God; act of terrorism or of the public enemy; law, act, order, proclamation, decree, regulation, ordinance, or instructions of Government or other public authorities; or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement) or any other event beyond the reasonable control of the party whose performance is to be excused. If either party is delayed in performing its obligations under this Agreement, the other party shall be allowed an extension of time equal to such delay for performance of work affected by the other party's delay.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original terms and conditions and all other provisions shall continue in full force and effect.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.