Effective Date: July 13, 2020
Thank you for using our Site. The domain “sportscircleindy.org” (our “Site”) is operated by Sports Circle Indy (“SCI”), referred to herein as “we, “us”, or “our.”
Restrictions on the Use of Materials
All materials contained on the Site are the copyrighted property of SCI and/or its affiliated entities. All trademarks, service marks, trade names, and trade dress are proprietary to SCI and/or its affiliated entities. No material from any Site or any SCI-owned material on any other Internet site may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, distributed, or commercially exploited in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from a Site. For purposes of these Terms, the use of any such material on any other website or computer environment is prohibited, except as expressly granted by SCI.
Content Linked To/From Any SCI Site
Please exercise discretion while browsing the Internet using any Site. You should be aware that when you are on a Site, you could be directed to other sites that are beyond our control. There are links to other sites from our Site that take you outside of our services. This includes links from sponsors and content partners that are listed on our Site. It also includes other third-party links that we have provided for your convenience. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
We reserve the right to disable links from any third-party site to any SCI site. We also reserve the right to disable links from any SCI site to any third-party site without reason or notice.
We make no representations concerning the content of sites listed on our Site. Consequently, we expressly disclaim liability for the accuracy, availability, relevancy, reliability, suitability, copyright compliance, legality, or decency of information contained in or merchandise sold on sites linked to or from our Site. Further, we make no representations or warranties, and disclaim liability for, the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party. You hereby irrevocably waive any claim(s) against SCI with respect to the liabilities discussed in this paragraph. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Consent to E-Mail Communications and Opting Out
The materials on our Site are provided “as is” and without warranties, of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we (on behalf of ourselves, our affiliates, and our respective directors, officers, employees, and agents) disclaim all warranties, express or implied, for making this Site available, the information and materials on Site, your use of such information and materials, and our collection of information from you, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that any Site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. You are solely responsible for the hardware, software, or other technology you use to access our Site and for the cost of the same. SCI is not responsible for any service difficulties resulting from your failure to possess technology adequate to use the Site to your satisfaction. Further, we disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
Access, Passwords and Security
In consideration of your use of this Site, to the extent you provide personal information to SCI, it must be true, accurate, current, and complete, and you must update all personal information as necessary.
You will be entirely responsible for the confidentiality and use of your username(s) and password(s) and for all activities that occur under your account. You will not hold SCI liable for any damages of any kind resulting from your decision to disclose your username(s) or password(s) to any third party, including but not limited to entities that aggregate account information or website content, or persons who are or claim to be acting as your agent or proxy. You will be responsible for all changes entered through and under your username(s) and password(s). You shall immediately notify SCI if you become aware of: (i) any loss or theft of your username(s) and/or password(s); (ii) any unauthorized use of any of your username(s) and/or password(s), or of any similar information. You hereby indemnify, defend and hold SCI, its officers, directors, agents, volunteers, information providers, affiliated entities, and third-party providers (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim.
You shall use this Site in a manner consistent with any and all applicable rules and regulations. You shall not upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Grant of License to SCI
Any communications or material of any kind that you e-mail, post, or otherwise transmit through e-mail or via the SCI website, including data, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and nonproprietary. You hereby grant a license to SCI to reproduce, use, disclose, distribute, transmit, publish, broadcast, or post your Communications, either on the Sites or elsewhere, with no liability or obligation to you. SCI is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
You will not use any electronic communication feature of the SCI services for any purpose that is unlawful, discriminatory, abusive, harassing, libelous, defamatory, obscene, or threatening. You will not use the services to solicit SCI members or others or participate in the solicitation of SCI members or others for any purpose. You will not upload, post, reproduce, or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You shall be bound by any affirmation, assent, or agreement you transmit through the services you access by computer, including but not limited to any consent you give to receive communications from us through electronic transmission. When, in the future, you click on an “I agree”, “I consent” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Limitation of Liability and Indemnification
You shall indemnify and hold SCI, its officers, directors, agents, volunteers, information providers, affiliated entities, and including third party providers, harmless from any loss, costs or expense, including attorneys’ fees, made by any person based on a claim or demand arising out of a violation of these Terms, state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right, related to your use of the Site or the information or materials available on the Site.
Under no circumstances, including but not limited to a negligent act, will SCI, or its affiliates and their respective officers, directors, and agents, be liable for any damages of any kind that result from the use of, or the inability to use, any Site, or information or materials on a Site, or a service provided via a Site, even if an SCI-authorized representative has been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing any Site.
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of the Site. Your access to the Site may be terminated immediately without notice from us, in our sole discretion, for any reason or no reason. Upon termination, you must cease and desist from accessing or using the Site.
These Terms and all future agreements you shall enter into with SCI, unless otherwise indicated in such other agreement, shall be governed by the law of the State of Indiana, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with SCI in Indiana or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you submit to the personal and exclusive jurisdiction of the courts located within the County of Marion, Indiana. If any part of these Terms are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by SCI of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If you have any questions about this Site or these Terms, please contact us using the following information:
Sports Circle Indy
130 E. Washington St., Suite 800
Indianapolis, IN 46204