Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SCPA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors. If you comment on a post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, including your employer;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, SCPA has the right (though not the obligation) to, in SCPA’s sole discretion (i) refuse or remove any content that, in SCPA’s reasonable opinion, violates any SCPA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SCPA’s sole discretion.
Responsibility of Website Visitors. SCPA has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SCPA does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SCPA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which summitpickleball.org links, and that link to summitpickleball.org. SCPA does not have any control over those non-SCPA websites and webpages, and is not responsible for their contents or their use. By linking to a non-SCPA website or webpage, SCPA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SCPA disclaims any responsibility for any harm resulting from your use of non-SCPA websites and webpages.
Copyright Infringement and DMCA Policy. As SCPA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by summitpickleball.org violates your copyright, you are encouraged to notify SCPA in accordance with SCPA’s Digital Millennium Copyright Act (“DMCA”) Policy. SCPA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SCPA will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SCPA or others. In the case of such termination, SCPA will have no obligation to provide a refund of any amounts previously paid to SCPA.
Intellectual Property. This Agreement does not transfer from SCPA to you any SCPA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SCPA. SCPA, summitpickleball.org, the summitpickleball.org logo, and all other trademarks, service marks, graphics and logos used in connection with summitpickleball.org, or the Website are trademarks or registered trademarks of SCPA or SCPA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SCPA or third-party trademarks.
Changes. SCPA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SCPA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. SCPA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your summitpickleball.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is.” SCPA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SCPA nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will SCPA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. SCPA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless SCPA, its volunteers, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between SCPA and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of SCPA, or by the posting by SCPA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Summit County, Colorado. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Summit County Pickleball Association (“SCPA”) operates summitpickleball.org. It is SCPA’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, SCPA collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. SCPA’s purpose in collecting non-personally identifying information is to better understand how SCPA’s visitors use its website. From time to time, SCPA may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
SCPA also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on summitpickleball.org blogs/sites. SCPA only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to SCPA’s websites choose to interact with SCPA in ways that require SCPA to gather personally-identifying information. The amount and type of information that SCPA gathers depends on the nature of the interaction. For example, we ask visitors who sign up at summitpickleball.org to provide a username and email address. Those who engage in transactions with SCPA are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, SCPA collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with SCPA. SCPA does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
SCPA may collect statistics about the behavior of visitors to its websites. SCPA may display this information publicly or provide it to others. However, SCPA does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
SCPA discloses potentially personally-identifying and personally-identifying information only to those of its volunteers, contractors and affiliated organizations that (i) need to know that information in order to process it on SCPA’s behalf or to provide services available at SCPA’s websites, and (ii) that have agreed not to disclose it to others. By using SCPA’s websites, you consent to the transfer of such information to them. SCPA will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its volunteers, contractors and affiliated organizations, as described above, SCPA discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when SCPA believes in good faith that disclosure is reasonably necessary to protect the property or rights of SCPA, third parties or the public at large. If you are a registered user of an SCPA website and have supplied your email address, SCPA may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with SCPA. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. SCPA takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If SCPA, or substantially all of its assets, were acquired, or in the unlikely event that SCPA goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of SCPA may continue to use your personal information as set forth in this policy.