Gainesville Ocala Womens Tennis League

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Gainesville Ocala Womens Tennis League

TERMS OF USE
This page was last modified on 09 July 2018

THESE TERMS OF USE (THIS "AGREEMENT") SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND The Gainesville Ocala Womens Tennis League ("GOWTL") CONCERNING YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO AND ACCEPT THIS AGREEMENT, INCLUDING THE SPECIFIC LIMITATIONS SET FORTH IN SECTIONS 2, 5, 7, AND 8.1. YOU MAY USE THE SERVICE ONLY IN ACCORDANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU SHALL NOT BE ENTITLED TO USE THE SERVICE.

1. DEFINITIONS.
1.1 The terms "you" or "your" refer to the person or legal entity registering through the Service.
1.2 The term "Service" means the Website including GOWTL online membership service located on the Website which allows you to become a member and renew your membership and edit your membership account of GOWTL.
1.3 The terms "Captain" and "Co-Captain" mean certain players who have been chosen to be captains and/or co-captains of their respective teams and have the ability to enter scores on the GOWTL website and perform related duties for the betterment of their teams and the league. 1.4 The term "Board Member" means certain members who have been chosen to serve on the GOWTL Board. 1.5 The term "Website" means the GOWTL website located at gowtl.com and related websites.

2. USE OF THE SERVICE. You agree to use the Service only for lawful registration League membership, or otherwise intended. You shall not: (1) misrepresent any information in your registration or otherwise; (2) restrict or inhibit use of the Service by others; (3) upload or otherwise transmit files that contain a virus or corrupted data; or (4) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service.

You understand and acknowledge that you are responsible for whatever you submit to the Service and you, not GOWTL, have full responsibility for it, including its legality and reliability. By uploading or otherwise transmitting information or other material to the Service, you warrant that the information and material is accurate. You grant to GOWTL, the Captains, Co-Captains and Board Members the right to use all information or other material uploaded or otherwise transmitted to the Service in any manner GOWTL, the Captains, Co-Captains and Board Members determine to be necessary to properly process your membership and facilitate the league operations. This includes, but is not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, or incorporating it into other material.

GOWTL may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. GOWTL reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

3. ONLINE MEMBERSHIPS AND PAYMENTS. All membership registrations and payments made through the Service are governed by this Agreement and any other terms specified on the Website as applicable to such registrations or payments. All confirmed registrations and payments are final once payment is submitted. You agree to hold GOWTL and its agents harmless from any liability or injury arising from or related to your participation in any GOWTL event or your payment for such event.

4. OWNERSHIP. All right, title, and interest in the Service and in any ideas, know-how, code, derivative works or intellectual property associated therewith, including without limitation any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on the Service, by you shall at all times remain solely and exclusively the property of the website designer, Martie Healy.

5. THE SERVICE IS DISTRIBUTED "AS IS" WITHOUT ANY WARRANTIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOWTL SPECIFICALLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This waiver of warranty affects your specific legal rights; you may have rights which may vary depending upon where you are located. Some jurisdictions do not allow limitations on implied warranties, so the limitations above may not apply to you.

6. SUPPORT. The website designer, Martie Healy provides limited customer support.

GOWTL has no obligation to provide professional Service upgrades, modifications, or new releases to the Service under this Agreement. GOWTL may voluntarily provide some or all of these items; should GOWTL do so, any such action shall not be considered a waiver of this provision.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOWTL (AND ITS LICENSORS OR SUPPLIERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SERVICE, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF GOWTL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GOWTL'S LIABILITY FOR ANY CLAIM WHATSOEVER HEREUNDER (OR ASSOCIATED HEREWITH) EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you.

8. GENERAL.
8.1 Miscellaneous. Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed, construed and enforced in all respects by the laws of the State of Florida, excluding its choice of law/conflict of law provisions, and shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. Unless GOWTL elects (in its sole option) to proceed in your local jurisdiction, the jurisdiction and venue of any arbitration, litigation or other dispute resolution method between the parties (which arises out of or relates to this Agreement) shall be exclusively in Alachua County, Florida; you expressly submit and consent to such exclusive jurisdiction and venue. Other than GOWTL's right to seek injunctive relief, any claim or dispute arising out of or relating to this Agreement shall be decided by confidential binding arbitration before a single arbitrator. The parties shall equally split the arbitrator's fees. You agree to comply with all applicable laws, domestic or foreign. If any provision of this Agreement is for any reason and/or to any extent determined to be unenforceable under applicable law, the remaining provisions of this Agreement shall remain in full force and effect. The failure of either party to object to or act with respect to any conduct of the other party that is in violation of the terms of this Agreement shall not be construed as a waiver thereof.

8.2 Providing Notice. Should you wish to or be required to notify GOWTL under this Agreement, use the contact information provided on the GOWTL website located at www.GOWTL.com.

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