- Acceptance of Terms. By accessing any website on the www.FlexTennisLeague.com domain (collectively, the "Website"), you are agreeing to be bound by these Website Terms and Conditions of Use (these "Terms and Conditions"), all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website.
By using the Website, you represent that (a) (i) you are at least 18 years of age, either entering into this Agreement for yourself or (ii) as a parent or legal guardian, entering into this Agreement on behalf of your child or child legally in your care (which child is at least 14 years of age) and (b) you understand and agree to be bound by this Agreement. Any parent or legal guardian entering into this Agreement on behalf of a child under the age of 18 understands and agrees to be responsible for any financial charges and/or legal liabilities incurred on the Website.
- Description of Services. Through the Website, FlexTennis League, LLC, a Georgia limited liability company ("FlexTennis") provides you with a schedule of tennis matches to be played at locations chosen by you, other participants ("Participants") or FlexTennis. You and the other Participants on your schedule will find a mutually agreeable time to play your tennis matches. The schedule of matches and use of this Website to schedule the matches, get in touch with other Participants, review Participant playing history and other any uses of the Website are collectively referred to herein as the "Service".
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.
- Personal Information. You grant FlexTennis and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store and use any information you upload and otherwise in connection with the operation of the Website and provision of the Service. FlexTennis cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Website. By posting any information on the Website, you acknowledge that you own such information or have the legal right to post it.
- Website Content/Breach of Terms and Conditions. The materials displayed or performed on or through the Service (other than material posted by you), including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content") on this Website are protected under copyright and other intellectual property laws. Any use of the Content on this Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved to FlexTennis and its licensors.
- Indemnity. You agree to defend, indemnify, and hold FlexTennis, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, your access to the Website, use of the Service, or the infringement by you, or any third party using your account or FlexTennis User ID (as defined below), of any intellectual property or other right of any person or entity.
- Account Establishment/Password Protection. In order to post any Content or access certain features of the Service, you must register with FlexTennis and select a password and screen name ("FlexTennis User ID"). You may not select or use as a FlexTennis User ID a name that is offensive, vulgar or obscene. FlexTennis reserves the right to refuse registration of, or cancel, a FlexTennis User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your FlexTennis password.
You are solely responsible for the activity that occurs on your account. You must notify FlexTennis immediately of any breach of security or unauthorized use of your account. Although FlexTennis will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of FlexTennis or others due to such unauthorized use.
By providing FlexTennis your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of many Service-related communications by sending an email message to email@example.com Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- User Conduct. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by FlexTennis. By way of example, and not as a limitation, you agree not to use the Service or Website:
To report Terms and Conditions abuse, please email: firstname.lastname@example.org
- to abuse, harass, threaten, impersonate, or intimidate other FlexTennis users;
- to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service and Website;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any FlexTennis user;
- to create or submit unwanted email to any other FlexTennis users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the express written permission of FlexTennis. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures FlexTennis may use to prevent or restrict access to the Website;
- User Content.
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Website or otherwise through the Service (your "User Content"), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. FlexTennis reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
For the purposes of these Terms and Conditions, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
FlexTennis takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Website or the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. FlexTennis is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that FlexTennis shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other FlexTennis users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
- License Grant.
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to FlexTennis a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
Subject to the terms and conditions of these Terms and Conditions, you are hereby granted a non-exclusive, limited, personal license to use the Service. FlexTennis reserves all rights not expressly granted herein in the Service and the Content. FlexTennis may terminate this license at any time for any reason or no reason.
The materials on the Website and the Service are provided "as is". FlexTennis makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FlexTennis does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content or otherwise relating to such Content or on any sites linked to this Website. You agree that you are solely responsible for any use or misuse of the Content and Service provided on or through the Website and for compliance with all laws applicable to such use.
- Limitations of Liability
In no event shall FlexTennis, its licensors, its suppliers or any third parties mentioned on the Website be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of your use of the Website or the Service, whether based on warranty, contract, tort or any other legal theory, and whether or not FlexTennis, its licensors, its suppliers or any third parties mentioned on the Website has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICE ARE ENTIRELY AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT, THE WEBSITE AND THE SERVICE PROVIDED ON OR THROUGH THE WEBSITE, FOR ANYTHING YOU POST ON THIS WEBSITE, FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE, FOR ANY INJURIES SUSTAINED WHILE PLAYING TENNIS OR ANY OTHER EVENTS THAT MAY OCCUR WHILE YOU ARE PLAYING ANY SCHEDULED MATCH. FLEX TENNIS, ITS AFFILIATES, LICENSORS AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE, THE SERVICE, YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF FLEX TENNIS, ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FLEX TENNIS, ITS AFFILIATES, ITS SUPPLIERS AND ANY THIRD PARTY MENTIONED ON THE WEBSITE FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND THE SERVICE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE AND THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEBSITE AND THE SERVICE.
- Revisions and Errata
The Content could include technical, typographical, or photographic errors. FlexTennis does not warrant that any of the materials on the Website are accurate, complete, or current. FlexTennis may make changes to the materials contained on the Website at any time without notice. FlexTennis does not, however, make any commitment to update the materials.
- Links and Advertisements. FlexTennis has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FlexTennis of the site. Use of any such linked website is at your own risk. FlexTennis may provide links to third-party websites on the Website. FlexTennis also may select certain sites as priority responses to search terms you enter and FlexTennis may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FlexTennis does not recommend and does not endorse the content on any third-party websites. FlexTennis is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FlexTennis does not endorse any product, service, or treatment advertised on the Website.
- Notice of Copyright Infringement. To file a copyright infringement notification with FlexTennis, send a written communication to FlexTennis' Copyright Agent and provide the following information in writing:
- Your complete contact information (full name, mailing address and phone number).
- A description of the copyrighted work that you claim has been infringed;
- A description of the content on the Website that you claim infringes the other copyrighted work;
- Information reasonably sufficient to permit FlexTennis to locate the material on the Website. The easiest way to do this is by providing the web address (URLs) leading directly to the allegedly infringing content;
- A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
- If you are not the copyright owner, a description of your relationship to the copyright owner;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Your complete contact information and the information in your report may be provided to the person who posted the content you believe infringes the copyrighted work.
Following receipt of a proper written notice, FlexTennis will remove or disable the allegedly infringing content. FlexTennis will also notify the customer who submitted or posted the allegedly infringing material and provide them with a copy of the copyright infringement notice. FlexTennis may suspend or terminate access to the Website for customers that repeatedly or egregiously infringe others' copyrights.
Copyright Agent Information:
Infringement notifications should be submitted to FlexTennis's Copyright Agent using the following information:
Holly Stroud Law Office, LLC
3525 Piedmont Rd., Bldg 7, Ste 300
Atlanta, Georgia 30305
- Terms and Conditions Modifications. FlexTennis may revise these Terms and Conditions for the Website at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms and Conditions.
- RELEASE, WAIVER AND INDEMNITY AGREEMENT
FLEX TENNIS IS NOT RESPONSIBLE FOR ANY INJURY INCLUDING DEATH OR LOSS OF PROPERTY TO ANY PERSON SUFFERED WHILE PARTICIPATING IN THE USE OF THE SERVICE OR THE WEBSITE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE PLAYING OF TENNIS AT ANY FACILITY WHETHER DESIGNATED BY YOU, ANOTHER PARTICIPANT OR FLEX TENNIS.
YOU ARE AWARE THAT THE PLAYING OF TENNIS AND PARTICIPATION IN AN EVENT WHICH INVOLVES THE USE OF THE SERVICE INVOLVES RISKS, INCLUDING BUT NOT LIMITED TO INJURY, DEATH, THEFT, AND OTHER RISKS ASSOCIATED WITH YOUR AND OTHERS' SAFETY AND PROPERTY. You acknowledge that FlexTennis has not investigated any Participant, nor has FlexTennis visited each facility used by any such person as his or her home court and cannot and does not insure or guaranty that the Participants, facilities and/or activities will be free of hazards, accidents and/or injuries. By using the Service, you are voluntarily participating in events that involve potential risk with the full understanding of these risks and knowledge of potential dangers involved and you agree to accept and assume all risks.
BY USING THE SERVICE YOU RELEASE AND FOREVER DISCHARGE FLEX TENNIS and its owners, managers, officers, agents, successors, and assigns ("Releasees"), from and against ANY AND ALL LIABILITY to you, your personal representatives, assigns, heirs and next of kin, for any and all loss, injury or damage, and any and all claims, demands, causes of action and suits by reason of, relating to, resulting from or in connection with the use of the Website or the Service and participation in any event involving the use of the Service.
You agree and COVENANT NOT TO SUE the Releasees for any and all past, present or future claims, demands and causes of action on account of injury to you, other persons and property by reason of, relating to, resulting from or in connection with the use of the Service by you or participation in an event involving the use of the Service.
You agree to INDEMNIFY AND HOLD HARMLESS the Releasees from and against any and all claims, actions, lawsuits, costs, expenses, attorney's fees, liability or damages that the Releasees may incur or sustain as a result of injury to you, other persons and property by reason of, relating to, resulting from or in connection with the use of the Service or participation in an event involving the use of the Service.
YOU ASSUME FULL RESPONSIBILITY for all the foregoing risks, including the risk of BODILY INJURY AND DEATH to you and other individuals and property damage due to use of the Service and participation in an event involving the use of the Service.
You expressly agree that the foregoing Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as permitted by Georgia law, and if any portion thereof is held invalid, it is agreed that the balance of all, notwithstanding, will continue to have full legal force and effect.
YOU HAVE READ THIS ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, AND FULLY UNDERSTAND THAT YOU HAVE KNOWINGLY GIVEN UP LEGAL RIGHTS BY VOLUNTARILY AGREEING TO IT BY USING THE WEBSITE AND SERVICE and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
- General. FlexTennis makes no claims that the Website or Content is appropriate or may be downloaded outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Jurisdiction and Governing Law. You expressly agree that exclusive jurisdiction for any dispute with FlexTennis, or in any way relating to your use of the Website, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving FlexTennis or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Termination. FlexTennis may terminate or suspend the Service in whole or in part and/or your FlexTennis account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms and Conditions. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your FlexTennis account, you may discontinue using the Service by sending an email message to email@example.com with the word "Terminate account" in the subject field.
All provisions of the Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Miscellaneous. No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind FlexTennis in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable. The Terms and Conditions is not assignable, transferable or sublicensable by you except with FlexTennis's prior written consent. FlexTennis may transfer, assign or delegate the Terms and Conditions and its rights and obligations without consent.
We hope you find the www.FlexTennisLeague.com website helpful and convenient to use! Questions or comments regarding this Website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
FlexTennis League, LLC Office of Privacy
c/o Holly Stroud Law Office, LLC
3525 Piedmont Road, Bldg 7, Suite 300
Atlanta, Georgia 30305