1. Acceptance of Terms Through Use
By using University of Florida Ice Hockey’s Web site,
located at www.ufhockey.org (the ‘‘Site’’), you agree to be bound by all terms,
conditions and notices contained or referenced herein (the ‘‘Terms of Use’’).We
may change the Terms of Use at any time by posting revisions to the Site, and
your continued use of the Site indicates your agreement to the revised terms.
Accordingly, we urge you to review the Terms of Use, and if you do not agree to
the terms of this or any revised policy, please exit the Site immediately.
2. Permitted Use
You agree that you are only authorized to visit, view and to
retain a copy of pages of the Site for your own personal use, and that you
shall not duplicate, download, publish, modify or otherwise distribute the
material on the Site for any purpose other than for personal use, unless
otherwise specifically authorized by us to do so. You also agree not to
deep-link to the Site for any purpose, unless specifically authorized by us to
do so. The content and software on this Site is the property of University of
Florida Ice Hockey or its affiliates and is protected by U.S. and international
copyright laws.
3. Limited License
You are granted a limited, non-exclusive, revocable and
non-transferable license to utilize and access the Site pursuant to the
requirements and restrictions of these Terms of Use. University of Florida Ice
Hockey may change, suspend, or discontinue any aspect of the Site at any time.
University of Florida Ice Hockey may also, without notice or liability, impose
limits on certain features and services or restrict your access to all or
portions of the Site. You shall have no rights to the proprietary software and
related documentation, if any, provided to you in order to access the Site.
Except as provided in these Terms of Use, you shall have no right to directly
or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign,
copy, translate, modify, adapt, improve, or create any new or derivative works
from, or display, distribute, perform, or in any way exploit the Site, or any
of its contents (including software) in whole or in part.
4. Violation of the Terms of Use
You understand and agree that in University of Florida Ice
Hockey’s sole discretion, and without prior notice, University of Florida Ice
Hockey may terminate your access to the Site, or exercise any other remedy
available and remove any unauthorized user information, if University of
Florida Ice Hockey believes that the information you provide has violated or is
inconsistent with these Terms of Use, or violates the rights of University of
Florida Ice Hockey, or any third party, or violates the law. You agree that
monetary damages may not provide a sufficient remedy to University of Florida
Ice Hockey for violations of these Terms of Use and you consent to injunctive
or other equitable relief for such violations. University of Florida Ice Hockey
may release user information about you if required by law or subpoena.
5. Copyright Policy
We may terminate the privileges of anyone who uses the Site
to unlawfully transmit copyrighted material without a license, express consent,
valid defense or fair use exemption to do so. If you submit information or
content to the Site, you warrant that the information or content does not
infringe the copyrights or other rights of third parties.
6. Representations By You
By visiting the Site, you represent, warrant and covenant
that (a) you are at least 18 years old; (b) that you are a resident of the
United States; and (c) that all materials of any kind submitted by you through
the Site or for inclusion on the Site will not plagiarize, violate or infringe
upon the rights of any third party including trade secret, copyright,
trademark, trade dress, privacy, patent, or other personal or proprietary
rights.
7. Accounts
During the registration process you will be asked to select
a unique password for access to certain portions of the Site. You are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under the password. By
logging into the Site, you represent and warrant that: (i) you are the customer
who registered for the services; (ii) that you are using the services only for
permitted purposes; (iii) you are not a competitor of University of Florida Ice
Hockey, or an agent thereof; (iv) you will immediately notify us of any
unauthorized use of the password or account or any other breach of security;
and (v) you will ensure that you exit from your account at the end of each
session. Please notify us of any potential unauthorized use(s) of your account,
or breach of security as the Catalog Customer Service address below. You also
represent and warrant that: (i) you will not select or utilize a user name of
another person with intent to impersonate that person; (ii) you will not select
or utilize a user name in which another person has rights, if you do not have
that person's authorization to use such name; and (iii) you will not select or
utilize a user name that University of Florida Ice Hockey, in its sole
discretion, deems offensive.
8. License Granted by You
By providing content or information to us, including by
submitting or uploading content or materials for use on the Site, you represent
and warrant that you or the owner of all rights to such content or materials
has expressly granted us an irrevocable world-wide right in all languages and
in perpetuity to use and exploit all or any part of the content and materials
provided by you. We may publish and distribute any such submitted content or
materials at our sole discretion by any method now existing or later developed.
You agree that you shall waive all claims and have no recourse against us for
any alleged or actual infringement or misappropriation of any proprietary
rights in any communication, content or material submitted to us. Subject to
the terms of our Privacy Policy, any communication or materials you send to us
will be treated as non-confidential and non-proprietary and may be disseminated
or used by us for any purpose, including, but not limited to, developing,
creating, manufacturing or marketing products or services.
9. Advertising
The Site may contain advertisements and/or sponsorships. The
advertisers and/or sponsors that provide these advertisements and sponsorships
are solely responsible for insuring that the materials submitted for inclusion
on the Site are accurate and comply with all applicable laws. We are not
responsible for the acts or omissions of any advertiser or sponsor.
10. No Commercial Use
This Site may not be used by you for any commercial purposes
such as to conduct sales of merchandise or services of any kind. You must
obtain University of Florida Ice Hockey’s prior written consent to make
commercial offers of any kind on the Site, whether by advertising,
solicitations, links, or any other form of communication. University of Florida
Ice Hockey will investigate and take appropriate legal action against anyone
who violates this provision, including without limitation, removing the
offending communication from the Site and barring such violators from use of
the Site.
11. Links and Search Results
The Site contains links to sites operated by third parties
throughout the World Wide Web. University of Florida Ice Hockey has no control
over these sites or the content within them. University of Florida Ice Hockey
does not guarantee, represent or warrant that the content contained in any
third party sites is accurate, legal and/or inoffensive. University of Florida
Ice Hockey’s Privacy Policy will not apply to the collection or use of
information at any website other than www.ufhockey.org. University of Florida
Ice Hockey does not endorse the content of any third party site, nor does it
make any representation or warranty about these sites, including that they will
not contain viruses or otherwise affect your computer. By using the Site to
search for or link to another site, you agree and understand that you may not
make any claim against University of Florida Ice Hockey for any damages or
losses, whatsoever, resulting from your use of the Site to obtain search
results or to link to another site. If you have a problem with a link from the
Site, you may notify us at the Catalog Customer Service address above.
12. Intellectual Property
You acknowledge that all content and materials available on
this Site are protected by national and international copyrights, trademarks,
service marks, patents, patent registration rights, trade secrets, know-how or
other proprietary rights and laws and are owned by University of Florida Ice
Hockey or our licensors. Except where otherwise noted, you may download, print
or view individual pages for noncommercial use, provided you do not delete or
change any of the information, including copyright or trademark notices. You
may only use the Site or its contents as expressly permitted in this Terms of
Use and for no other purpose. University of Florida Ice Hockey, our licensors
or associates retain exclusive ownership of all data, material and other
information regarding your use of the Site. Except as we may expressly
authorize, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit
or create derivative works from the content or materials on the Site.
Systematic retrieval of data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database or
directory without our written permission is prohibited. Unless otherwise
indicated, all logos, names, package designs and marks on the Site are
trademarks or service marks or used under license by University of Florida Ice
Hockey. The use or misuse of any of these materials is strictly prohibited.
13. Digital Millennium Copyright Act Policy
(1) If you are notifying University of Florida Ice Hockey of
alleged copyright infringement, please be sure to provide the following
information in the form required by 17 U.S.C. Section 512:
(2) A description of the copyrighted work that you allege is
being infringed, or, if multiple copyrighted covered by a single notification,
a representative list of such works;
(3) A description of the allegedly infringing material and
information sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and/or an electronic mail address;
(5) A statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, or its agent, or the law; and
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE
‘‘WEBSITE CONTENT’’) ARE PROVIDED ‘‘AS IS’’ AND ‘‘AS AVAILABLE’’ FOR YOUR USE.
THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
NEITHER UNIVERSITY OF FLORIDA ICE HOCKEY NOR OUR SUBSIDIARIES, AFFILIATES OR
LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE,
RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL
ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR
RECOMMENDATIONS ON THE SITE.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL UNIVERSITY OF FLORIDA ICE
HOCKEY, OUR SUBSIDIARIES, AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON
THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
16. Indemnification
You agree to defend, indemnify, and hold University of
Florida Ice Hockey and other affiliated companies, and their employees,
contractors, officers and directors harmless from all liabilities, claims and
expenses, including attorney's fees, that arise from your use or misuse of the
Site or the content therein. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
17. International Use
By choosing to access the Site from any location other than
the United States, you accept full responsibility for compliance with all local
laws that are applicable. University of Florida Ice Hockey makes no
representation that materials on the Site are appropriate or available for use
in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited. You may not use, export or
re-export any materials from this Site in violation of any applicable laws or
regulations, including, but not limited to, any United States export laws and
regulations.
18. Choice of Law
This Agreement shall, for all domestic and international
purposes, be governed, interpreted, construed and enforced solely and
exclusively in accordance with the laws of the State of Florida U.S.A., without
regard to conflicts of law provisions. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms
of Use or your use of the Site shall be filed only in the state or federal
courts located in the State of Florida, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
19. Integration and Severability
This Terms of Use constitutes the entire agreement between University
of Florida Ice Hockey and you with respect to the Site and supersedes all prior
or contemporaneous communications and proposals between us with respect to the
Site. If any provision of this Terms of Use agreement is determined to be
invalid or unenforceable, all other provisions shall remain in full force and
effect.
20. Privacy Policy
Our Privacy Policy is part of these Terms and Conditions of
Use.
21. Purchases
Our Terms and Conditions of sale are part of these Terms and
Conditions of Use.
22. Headings
Section titles in the Term of Use are for convenience and do
not define, limit, or extend any provision of the Terms of Use. This website is
owned and operated by University of Florida Ice Hockey.
23. Privacy Policy
This privacy policy applies to information provide when you
visit or use the ufhockey.org website, when you request information from University
of Florida Ice Hockey by email, and when you request or make purchases from the
University of Florida Ice Hockey print catalog. Our Privacy Policy does not
apply to other websites you may visit, including those that may be linked to
this website. University of Florida Ice Hockey is not responsible for and
cannot control the privacy or other practices of websites owned or operated by
others.
24. Information We Collect.
When you visit our website we place a small file on your
computer called a "cookie." This cookie gives you a temporary number
to identify you as you navigate our website. This helps us to make your use of
our website easier. The cookie does not contain credit card numbers or other
sensitive information and disappears at the end of your online session. Our
cookie does not monitor or report on your activities away from our website. We also
collect contact information that you provide to us when you set up an online
account, send us email, request a catalog, or make a purchase online. We
collect your name, mailing address, telephone number, and email address. If you
make a purchase, we will collect the account number and security information
required to complete the transaction. We do not intend to collect information
or accept orders from individuals younger than 13 years old. If you are under
age 13, please have an adult provide contact information and place your orders.
25. How We Use Your Information.
We use the information you provide to complete the purchases
you make and to deliver our catalogs and promotional materials. We may provide
your contact information to third parties who help us process your orders and
respond to your inquiries, including call centers, fulfillment centers, data
processing centers, mail centers, and similar service providers. If you make a
purchase or sign up to receive our catalog, your contact information may also
be provided to third parties to send you information about products and
services we think you would enjoy. We may provide your information to other
parties as required or permitted by law, including in response to law
enforcement inquiries, legal process, in connection with a sale or merger of
all or part of our business, or in the connection with a bankruptcy or similar
proceeding.
26. Information Security
University of Florida Ice Hockey has adopted security
measures to reduce the risk of loss, misuse, or alteration of the information
under our control. All customer credit card information is transferred using
HTTPS (secure http) and SSL (Secure Socket Layer), meaning, your personal
information is encrypted it is in transit. Despite these measures, no website
can guarantee absolute security of your information. You should be aware that University
of Florida Ice Hockey has no control over the security of other sites on the
Internet you might visit, interact with, or from which you buy products or
services.
27. Policy Updates and Effective Date.
This privacy policy was last updated and became effective on
May 9, 2009. Our Privacy Policies may change from time to time. We will notify
you of changes to our Privacy Policy by posting them to this website. Your
continued use of the website constitutes your acceptance of any changes or
revisions. This website is owned and operated by University of Florida Ice
Hockey.