Introduction. Welcome to Techne Futbol's websites (the "Sites") operated by Techne Futbol, LLC (“Techne Futbol"). Please read the following terms and conditions of use ("Terms") carefully as they contain the legal terms and conditions of an agreement ("Agreement") that you agree to when you access the Sites or use the Techne Futbol services provided to you by Techne Futbol through the Sites including, without limitation, any training program, competition or challenges, both online and off-line, and all other services accessed through the Sites (collectively, the "Services").
BY ACCESSING OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF SECTIONS A AND C WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS OF THE SERVICES, INCLUDING CASUAL VISITORS TO THE SITES. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON A SITE, YOU MUST ALSO READ AND AGREE TO BE BOUND BY THE TERMS SET FORTH IN SECTION B, IN ADDITION TO THE TERMS OF SECTION C, BY CLICKING ON THE "I ACCEPT" BUTTON SET FORTH AT THE END OF THIS AGREEMENT. YOU ALSO ACKNOWLEDGE THAT YOUR SUBMISSION OF THE CREDIT CARD PAYMENT FORM SERVES AS YOUR AGREEMENT TO THESE TERMS.
For the purposes of this Agreement, "you" means you, the person using the Sites, and, if applicable, the person that agrees to the Terms in Sections B and C when registering for an account. You and any persons that you authorize to use your account, are referred to in this Agreement as the "User." “Techne Futbol," "we" or "us" means Techne Futbol, LLC. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
SECTION A – TERMS APPLICABLE TO UNREGISTERED USERS OF THE SITES
Techne Futbol uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Techne Futbol. Techne Futbol will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Techne Futbol. You agree that Techne Futbol shall not be liable to you for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided "AS IS" without any warranty of any kind. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
All brand, product and service names used in the Services which identify Techne Futbol are proprietary marks of Techne Futbol. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of Techne Futbol or any third party with respect to any such image, logo or name.
Unless otherwise stated in this Agreement or on the Sites, Techne Futbol is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
From time to time Techne Futbol may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. Techne Futbol does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Techne Futbol is not liable for any loss or damage that you may suffer by using other websites.
Amendment of Terms.
We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Sites constitutes acceptance of any amendments, additions, or modifications to this Agreement.
Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
By E-mail: email@example.com
SECTION B – TERMS APPLICABLE TO REGISTERED USERS OF THE SITES.
In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Customer Data") and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Techne Futbol has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Techne Futbol has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to this Agreement. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 5 below) are appropriate or inappropriate for your child.
Cancellation and Refund Policy.
With regard to subscribers who find themselves wishing to cancel their subscription, this can be done in the App menu under My Subscription at any time. A cancelled subscription will not result in a refund of any amount already paid, but will simply prevent the subscriber from being re-charged upon the next renewal date.
We always try and be fair with our users, and are happy to refund subscriptions (less the cost of any gear and shipping expenses) where deemed appropriate. Please contact firstname.lastname@example.org to request a refund.
Amendment of Terms.
You agree that Techne Futbol retains the right to amend these Terms and the Sites, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Sites or any part of any of the Sites.Your continued use of a Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by Techne Futbol shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you have created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Techne Futbol for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
Techne Futbol grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Sites and Services. This license is exclusive to you and you may not sublicense the use of the Sites.Techne Futbol expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Sites that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Sites. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Sites after any termination or expiration of this Agreement for any reason.
You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Techne Futbol of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Techne Futbol cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Copyright in Your Content.
Techne Futbol does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Sites, the Software, and the Services, or used in connection with your account ("Content"). By submitting your Content and accepting the consideration set forth in this Agreement, as consideration for our permitting you to use the Sites, the Services and the Software, you unconditionally grant to Techne Futbol a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. You remain the owner of all Content that you submit to the Service and as a condition to your use of the Sites, the Services and the Software, you represent and warrant to Techne Futbol that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold Techne Futbol harmless for any violation of this provision.
You may place Content on the Sites only in accordance with the following limitations. You may NOT store any of the following material on the Sites or obtain any such material using the Sites:
Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;
Any material sent from an anonymous or false address.
While Techne Futbol does not and cannot review all material on the Sites, and is not responsible for its content, Techne Futbol reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Techne Futbol will not be liable for the Content of any submission. You agree to indemnify and hold Techne Futbol harmless for any violation of this provision.
Pricing and Payment.
The fees for the Services provided on the Sites are posted on the Sites. Fees are subject to change without notice. You agree to pay Techne Futbol in advance the applicable fees for the Services provided by Techne Futbol under this Agreement. Techne Futbol will bill your credit card for all fees. You will provide Techne Futbol with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Techne Futbol reserves the right to terminate the Services and your access to the Sites in addition to seeking any other legal remedies. Techne Futbol is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Techne Futbol. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Sites. Techne Futbol's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Techne Futbol's income.
Third Party Software and Linking.
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Techne Futbol makes no warranty with regard to the products or website of any other entity. Techne Futbol has no control over the content or availability of any third-party software or website. In particular, (a) Techne Futbol makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Techne Futbol notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
Monitoring of Content.
You acknowledge, consent and agree that Techne Futbol may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Techne Futbol, its users and the public.
Suspension and Termination of Access and Membership.
Techne Futbol reserves the right to suspend or terminate your account and use of the Sites, at any time, without notice, for any reason, including but not limited to the following:
• breach of these Terms, including policies or guidelines set forth by Techne Futbol elsewhere;
• conduct that Techne Futbol believes is harmful to other users of the Services or the business of Techne Futbol or other third party information providers.
Further, you agree that Techne Futbol shall not be liable to you or any third party for any termination of your access to the Sites. Techne Futbol reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Techne Futbol shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge, consent and agree that Techne Futbol may publish your First Name and Last Initial, Location (state or country listed in your profile), and Time Trained on the Leaderboards in the app, which also may be accessed externally. This information will be public.
THE SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, TECHNE FUTBOL MAKES NO WARRANTY THAT THE SITES, OR THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITES, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. TECHNE FUTBOL MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY TECHNE FUTBOL, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
SECTION C – TERMS APPLICABLE TO REGISTERED USERS AND UNREGISTERED USERS OF THESITES
Rules of Conduct
The following Rules of Conduct apply to the Sites. By using any of the Sites, you agree that you will not distribute any submission that:
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Sites;
does not generally pertain to the designated topic or theme of the relevant Public Forum;
violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or
is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
interfere, disrupt or attempt to gain unauthorized access to other accounts on the Sites or any other computer network;
use the Sites or the Services in connection with any commercial endeavors;
post your personal information such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Sites;
post or give out any financial information or transmit electronically or physically any money to other Users;
create user accounts by automated means or under fraudulent or false pretenses;
create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Techne Futbol;
submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Sites;
harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
collect and publish any information about any of our Users;
adapt, modify or reverse engineer any portion of the Services or the Sites;
Use any spider, robot, retrieval application, or any other device to retrieve any portion of the Sites;
reformat any of the pages that are part of the Sites;
disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program;
encourage conduct that would constitute a criminal or civil offense;
violate any applicable federal, state, local or international law or regulation;
exploit children under 18 years of age;
invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
solicit personal information from a child under 13 years of age;
cheat or manipulate votes by creating fake user profiles or other activities which compromise the integrity of the competition/entries and points awarded;
submit false or misleading information to Techne Futbol, the Sites or other Users; or
We cannot and do not assure that other Users are or will be complying with the foregoing Rules of Conduct or any other provisions of the Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Copyright, Other Proprietary and Privacy Protection for Other Users' Content on the Sites. Techne Futbol hereby notifies you that all the information, content, image files, software and materials on the Sites may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Techne Futbol is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Sites. Techne Futbol has the absolute right to terminate your account or exclude you from any Site if you use our Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Techne Futbol harmless for any violation of this provision.
Claims of Copyright Infringement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following:
Service Provider: Techne Futbol, LLC
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Sites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Techne Futbol may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Limitation of Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE SITES, THAT YOUR USE OF THE SITES, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SITES, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TECHNE FUTBOL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF TECHNE FUTBOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES, INCLUDING ITS SERVICES, FROM ANY CHANGES TO THE SITES, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
IF YOU ARE DISSATISFIED WITH THE SITES, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL TECHNE FUTBOL HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF TECHNE FUTBOL TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SITES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of North Carolina, without giving effect to any principles of conflicts of law.
No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Techne Futbol as a result of this Agreement or use of the Service.
Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to reimbursement of its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
Force Majeure. Techne Futbol will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Techne Futbol's reasonable control.
Waiver. The failure of Techne Futbol to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Techne Futbol in writing.
Construction. The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.
Entire Agreement. This Agreement constitutes the entire agreement between you and Techne Futbol and governs your use of the Sites, superseding any prior agreements between you and Techne Futbol. The failure of Techne Futbol to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
RELEASE AND WAIVER AGREEMENT
TECHNE FUTBOL SERVICES
I desire to participate in the Techne Futbol services provided to me by Techne Futbol through the Techne Futbol websites ("Sites") including, without limitation, any training program, competition or challenges, both online and off-line, and all other services accessed through the Sites (collectively, the "Services") controlled and operated by TECHNE FUTBOL, LLC (“TECHNE FUTBOL"). In exchange for the opportunity to participate in the Services, I hereby warrant and agree as follows:
1. ASSUMPTION OF RISK. I am physically and mentally able to fully participate in the Services. I understand that participation in the Services involves inherent risks and dangers including accident, injury, or death.
2. RELEASE FROM LIABILITY. I fully release TECHNE FUTBOL from any and all claims and any other liability directly or indirectly arising out of or in connection with my participation in the Services, even if it is due to the negligence or other fault of the Released Parties.
If any portion of this Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release and Wavier supersedes any oral or written statements made by or to me.
I HAVE READ THIS RELEASE AND WAIVER AGREEMENT CAREFULLY, FULLY UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO ITS TERMS.
Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to this Agreement. Please remember that these Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services are appropriate or inappropriate for your child. If the participant is under 18 years of age, then he/she should also have a parent/guardian read and click below.
I am the parent or legal guardian of the Participant. On behalf of the Participant, myself, the Participant's parents or guardians, heirs, estate, insurers, assigns and anyone else who may make any claim for or on behalf of the Participant, I hereby: (1) agree to all of the terms of the above Agreement; (2) agree to cause the Participant to comply with the terms of the Agreement; (3) agree not to take any actions that would assist, persuade, or cause the Participant to invalidate, renounce, negate, revoke, or disclaim any part of the Agreement; (4) agree to hold harmless, indemnify, and reimburse TECHNE FUTBOL, LLC. from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by any of them to any person (including the Participant or insurers) in connection with any accident, injury (including death), loss, or damage arising out of the Participant's participation in the Services. If the Participant and/or I reside in California or could otherwise claim the protections of California law, I further expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor."
AS PARENT/GUARDIAN OF PARTICIPANT I HAVE READ THE RELEASE AND WAIVER AGREEMENT AND THE PARENT/GUARDIAN AGREEMENT CAREFULLY. I FULLY UNDERSTAND THE CONTENT, AND VOLUNTARILY AGREE TO THE TERMS OF BOTH AGREEMENTS.