Agreement Between User and The Soft Lacrosse Company™:
USE OF WEBSITE WAIVER

The SOFT LACROSSE™ Web Site is comprised of various Web pages operated by SOFT LACROSSE™. The SOFT LACROSSE™ Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SOFT LACROSSE™ Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE: SOFT LACROSSE™ reserves the right to change the terms, conditions, and notices under which the SOFT LACROSSE™ Web Site is offered, including but not limited to the charges associated with the use of the SOFT LACROSSE™ Web Site.

LINKS TO THIRD PARTY SITES: The SOFT LACROSSE™ Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of SOFT LACROSSE™ and SOFT LACROSSE™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SOFT LACROSSE™ is not responsible for webcasting or any other form of transmission received from any Linked Site. SOFT LACROSSE™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SOFT LACROSSE™ of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the SOFT LACROSSE™ Web Site, you warrant to SOFT LACROSSE™ that you will not use the SOFT LACROSSE™ Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SOFT LACROSSE™ Web Site in any manner which could damage, disable, overburden, or impair the SOFT LACROSSE™ Web Site or interfere with any other party's use and enjoyment of the SOFT LACROSSE™ Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SOFT LACROSSE™ Web Sites.

USE OF COMMUNICATION SERVICES: 
The SOFT LACROSSE™ Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

SOFT LACROSSE™ has no obligation to monitor the Communication Services. However, SOFT LACROSSE™ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SOFT LACROSSE™ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SOFT LACROSSE™ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SOFT LACROSSE™'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SOFT LACROSSE™ does not control or endorse the content, messages or information found in any Communication Service and, therefore, SOFT LACROSSE™ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SOFT LACROSSE™ spokespersons, and their views do not necessarily reflect those of SOFT LACROSSE™. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

SOFT LACROSSE™ does not claim ownership of the materials you provide to SOFT LACROSSE™ (including feedback and suggestions) or post, upload, input or submit to any SOFT LACROSSE™ Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SOFT LACROSSE™, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. SOFT LACROSSE™ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SOFT LACROSSE™'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Collection of your Personal Information: 
 SOFT LACROSSE™ collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. SOFT LACROSSE™ also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by SOFT LACROSSE™. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by SOFT LACROSSE™ for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SOFT LACROSSE™ Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through SOFT LACROSSE™ public message boards, this information may be collected and used by others.

Use of your Personal Information: 
SOFT LACROSSE™ collects and uses your personal information to operate the SOFT LACROSSE™ Web site and deliver the services you have requested. SOFT LACROSSE™ also uses your personally identifiable information to inform you of other products or services available from SOFT LACROSSE™ and its affiliates. SOFT LACROSSE™ may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

SOFT LACROSSE™ does not sell, rent or lease its customer lists to third parties. SOFT LACROSSE™ may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, SOFT LACROSSE™ may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SOFT LACROSSE™, and they are required to maintain the confidentiality of your information.

SOFT LACROSSE™ does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

SOFT LACROSSE™ keeps track of the Web sites and pages our customers visit within SOFT LACROSSE™, in order to determine what SOFT LACROSSE™ services are the most popular. This data is used to deliver customized content and advertising within SOFT LACROSSE™ to customers whose behavior indicates that they are interested in a particular subject area. SOFT LACROSSE™ Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SOFT LACROSSE™ or the site; (b) protect and defend the rights or property of SOFT LACROSSE™ ; and, (c) act under exigent circumstances to protect the personal safety of users of SOFT LACROSSE™ , or the public.

Use of Cookies: The SOFT LACROSSE™ Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize SOFT LACROSSE™ pages, or register with SOFT LACROSSE™ site or services, a cookie helps SOFT LACROSSE™ to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same SOFT LACROSSE™ Web site, the information you previously provided can be retrieved, so you can easily use the SOFT LACROSSE™ features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the SOFT LACROSSE™ services or Web sites you visit.

Security of your Personal Information: 
SOFT LACROSSE™ secures your personal information from unauthorized access, use or disclosure. SOFT LACROSSE™ secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Accounts: In order to access some features of the website, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SOFT LACROSSE™ immediately of any breach of security or unauthorized use of your account. Although SOFT LACROSSE™ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SOFT LACROSSE™ or others.

SOFT LACROSSE™ is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the SOFT LACROSSE™ Web site and governs data collection and usage. By using the SOFT LACROSSE™ website, you consent to the data practices described in this statement.

Liability Disclaimer: The information, software, products, and services included in or available through the SOFT LACROSSE™ web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SOFT LACROSSE™ and/or its suppliers may make improvements and/or changes in the web site at any time. Advice received via the web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. SOFT LACROSSE™ and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the SOFT LACROSSE™ web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. SOFT LACROSSE™ and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall SOFT LACROSSE™ and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SOFT LACROSSE™ web site, with the delay or inability to use the web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the web site, or otherwise arising out of the use of the web site, whether based on contract, tort, negligence, strict liability or otherwise, even if SOFT LACROSSE™ or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the SOFT LACROSSE™ web site, or with any of these terms of use, your sole and exclusive remedy IS TO DISCONTINUE USING THE SOFT LACROSSE™ website & contact: support@softlacrosse.org

TERMINATION/ACCESS RESTRICTION: 
SOFT LACROSSE™ reserves the right, in its sole discretion, to terminate your access to the SOFT LACROSSE™ Web Site and the related services or any portion thereof at any time, without notice.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the U.S.A. in all disputes arising out of or relating to the use of the SOFT LACROSSE™ Web Site. Use of the SOFT LACROSSE™ Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SOFT LACROSSE™ as a result of this agreement or use of the SOFT LACROSSE™ Web Site. SOFT LACROSSE™'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SOFT LACROSSE™'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SOFT LACROSSE™ Web Site or information provided to or gathered by SOFT LACROSSE™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SOFT LACROSSE™ with respect to the SOFT LACROSSE™ Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SOFT LACROSSE™ with respect to the SOFT LACROSSE™ Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES: All contents of the SOFT LACROSSE™ Web Site are: Copyright 2014 SOFT LACROSSE™ and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

MINORS: If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. If you are under 13, you are unauthorized, unlicensed and in violation of the Terms.

Personal Injury and Property Liability Waiver

You agree that if you engage in any physical exercise or activity, use any facility, or are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any other part or item in or around SOFT LACROSSE™. You agree to assume the risk of your participation in any activity, class, program, instruction, or sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the facility, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge SOFT LACROSSE™ and our owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of , whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment or facilities, (c) negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless SOFT LACROSSE™ from any loss, liability, damage, or cost may incur due to your presence at SOFT LACROSSE™. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that SOFT LACROSSE™ is not designed to and does offer a service to its members encompassing the entire fitness spectrum.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST SOFT LACROSSE™ FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.