| Sportplan
Limited provides this Internet site, www.sportplan.net (the "Site")
and related services subject to your compliance with the terms and
conditions of use set forth below. PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE. By using this Site, you have agreed
to these Terms and Conditions with Sportplan Limited. If you do
not agree to all of the Terms and Conditions of this agreement,
you may not use this Site.
Sportplan
Limited may make changes and update these Terms and Conditions
at any time. Please check the Terms and Conditions posted
at www.sportplan.net periodically, because your continued
use of the Site will mean you accept those changes and updates.
Section
1. Privacy:
Registration
Data and certain other information you provide to or through
the Site are subject to our Privacy Policy. For more information
please see our Privacy Policy.
Section
2. Disclaimer Regarding Medical Advice:
Any specific
tests, products, or procedures that may be mentioned on the
Site are for information purposes only, and Sportplan Limited
does not recommend or endorse any of them. You rely on any
information provided by Sportplan Limited, its sponsors and
advertisers, or other visitors to the Site at your own risk.
Sportplan Limited assumes no liability or responsibility either
for the contents of any material provided on the Site, or
for damage or injury to persons or property arising from any
use of any product, information, idea, or instruction contained
in those materials. Sportplan Limited reserves the right to
change or discontinue any aspect or feature of this Site at
any time without prior notice.
Section
3. Use of Content and Copyright:
All text,
graphics and multimedia content available from the entry point
URL: http://www.sportplan.net and pages within that domain
(the "Site"), and all related code (including but
not limited to HTML, other mark-up languages, and all scripts)
within this Site are the property of Sportplan Limited and/or
its affiliates. All material on this Site, including (but
not limited to) images, illustrations, audio clips and video
clips, is protected by copyrights that are owned or controlled
by Sportplan Limited or by other parties that have licensed
their material to Sportplan Limited (or posted to the Site
pursuant to a user agreement with Sportplan Limited). Material
from the Site may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way. Modification
of the materials, or use of the materials for any other purpose
is a violation of copyright and other proprietary rights.
The use of any such material on any other Web site or computer
environment is prohibited.
"www.sportplan.net",
"Sportplan Limited" and the "Sportplan"
logo are trademarks and service marks of Sportplan Limited.
All other trademarks, service marks and logos used on this
Site are the trademarks, service marks or logos of their respective
owners.
Sportplan
Limited has made every effort to secure appropriate licenses
and clearances for all proprietary intellectual properties
used on this Site. You may notify Sportplan Limited of alleged
intellectual property rights infringement by contacting Sportplan
Limited at:
PO Box 402
Godstone
Surrey
RH9
8YQ
Section
4. Safety and Disclaimer of Consequential Damages:
THE USE
OF THE SPORTPLAN LIMITED SITE AND THE CONTENT IS AT YOUR OWN
RISK.
The information
at this Site is presented for the purpose of educating participants
on coaching and playing of various sports, and participation
in various physical activities. No physical activity should
be engaged in without first consulting a physician. Furthermore,
Sportplan Limited makes no claims about the safety or appropriateness
of any information found on the Site, nor about the results
to be obtained from using the Sportplan Limited Site or Content
and consequently cannot be liable for any resulting loss,
damage or injury. THE SPORTPLAN LIMITED SITE AND THE CONTENT
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. SPORTPLAN LIMITED, ITS LICENSORS, AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. SPORTPLAN LIMITED, ITS LICENSORS, AND
ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS
OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS
PROVIDED ON OR THROUGH THE USE OF THE SPORTPLAN LIMITED SITE.
SPORTPLAN LIMITED MAKES NO WARRANTY THAT THE USE OF THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN NO
EVENT SHALL SPORTPLAN LIMITED, ITS LICENSORS, ITS SUPPLIERS
OR ANY THIRD PARTIES MENTIONED AT THE SPORTPLAN LIMITED SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE SPORTPLAN LIMITED, SITE
OR THE CONTENT THEREOF, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPORTPLAN
LIMITED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section
5. Rules of Conduct for Interactive Areas:
Sportplan
Limited provides interactive areas ("Interactive Areas")
on the Sportplan Limited Site. You understand that all information,
data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, not Sportplan Limited, are entirely responsible
for all Content that you upload, post, email or otherwise
transmit using the Site. Sportplan Limited does not control
the Content posted using the Site and as such does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Site, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstance
will Sportplan Limited be liable in any way for any Content,
including, but not limited to, errors or omissions in any
Content, or for any loss or damage of any kind incurred as
a result of the use of any Content uploaded, posted, emailed
or otherwise transmitted or hosted using the Service.
You acknowledge
that Sportplan Limited does not pre-screen Content, but that
Sportplan Limited shall have the right (but not the obligation)
to refuse or move or delete any Content that is posted to
the Site, including without limitation any Content that violates
the Terms and Conditions of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all rights and
obligations associated with the use of any Content, including
reliance on the accuracy, completeness or usefulness of such
Content. You also acknowledge and agree that Sportplan Limited
may preserve or remove Content and may disclose Content, including
information about your account or your use of the Site, to
any third party if required to do so by law or in the good
faith belief that such preservation, removal or disclosure
is necessary to:
(a) comply
with legal process;
(b) enforce
the Terms and Conditions of use;
(c) respond
to claims that any Content violated the rights of third parties;
or
(d) protect
the rights, property, or personal safety of Sportplan Limited,
its employees or agents, or the public.
ANY RELIANCE
ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
You agree
that it shall be a material breach of these Terms and Conditions
if you are engaged in any of the following activities:
(a) uploading,
posting, emailing or otherwise transmitting any Content that
is, in Sportplan Limited's sole discretion, unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
(b) harming
minors in any way;
(c) impersonating
any person or entity, including, but not limited to, a Sportplan
Limited employee, or falsely stating or otherwise misrepresenting
your affiliation with a person or entity;
(d) forging
headers or otherwise manipulating identifiers in order to
disguise the origin of any Content transmitted through the
Service;
(e) adopting
of names and addresses for the purpose of cyber squatting;
(f) uploading,
posting, emailing or otherwise transmitting any Content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
(g) uploading,
posting, emailing or otherwise transmitting any Content that
infringes any patent, trademark, trade secret, copyright,
publicity or other proprietary right ("Rights")
of any party;
(h) uploading,
posting, emailing or otherwise transmitting any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of such solicitation;
(i) uploading,
posting, emailing or otherwise transmitting any material that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
(j) interfering
with or disrupting the Site or servers or networks connected
to the Site, or disobeying any requirements, procedures, policies
or regulations of networks connected to the Site;
(k) intentionally
or unintentionally violating any applicable local, provincial,
state, national or international law;
(l) "stalking"
or otherwise harassing another;
(m) harvesting
or otherwise collecting information about others, including
email addresses, without their consent; or
(n) engage
in any other conduct that restricts or inhibits any other
person from using or enjoying the Interactive Areas, or which,
in the judgment of Sportplan Limited, exposes Sportplan Limited
or any of its customers or suppliers to any liability of any
type.
Section
6. Links to Other Sites:
The Sportplan
Limited Site contains links to web sites of third parties
("Third Party Sites"). These links are provided
solely as a convenience to you and not as an endorsement by
Sportplan Limited of the content on such Third-Party Sites.
Sportplan Limited is not responsible for the content of linked
Third-Party Sites and does not make any representations regarding
the content or accuracy of materials on such Third-Party Sites.
If you decide to access Third-Party Sites through links on
the Sportplan Limited Site, you do so at your own risk. Your
use of Third- Party Sites is subject to the Terms and Conditions
of use for those sites.
Section
7. Advertisements:
The Sportplan
Limited Site contains advertisements by third parties, and
these advertisements may contain links to other web sites.
Unless otherwise specifically stated, Sportplan Limited does
not endorse any product or make any representation regarding
the content or accuracy of any materials contained in, or
linked to, any advertisement on the Sportplan Limited Site.
Section
8. Indemnity:
You agree
to defend, indemnify and hold Sportplan Limited, its officers,
directors, employees, agents, licensors and suppliers, harmless
from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal
and accounting fees, resulting from, or alleged to result
from, your use of the Content, or the Interactive Areas in
a manner that violates or is alleged to violate these Terms
and Conditions. Sportplan Limited shall provide notice to
you promptly of any such claim, suit, or proceeding, and shall
reasonably cooperate with you, at your expense, in your defence
of any such claim, suit or proceeding.
Section
9. General:
Sportplan
Limited is based in England. Access to the Content may not
be legal by certain persons or in certain countries. If you
access the Sportplan Limited Site from outside England, you
do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. Recognizing the global
nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the country in
which you reside.
Section
10. Jurisdiction:
You expressly
agree that exclusive jurisdiction for any dispute with Sportplan
Limited, or in any way relating to your use of Sportplan Limited,
resides in the courts of England, and you further agree and
expressly consent to the exercise of personal jurisdiction
in the courts of England in connection with any such dispute
including any claim involving Sportplan Limited or its affiliates,
subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
These
Terms and Conditions are governed by the laws of England,
without respect to its conflict of laws principles. If any
provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain
in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver
of such term or condition or any other term or condition.
Section
11. Complete Agreement:
Except
as expressly provided in a particular "legal notice"
on the Sportplan Limited Site, these terms and conditions
constitute the entire agreement between you and Sportplan
Limited with respect to the use of the Sportplan Limited Site
and any content contained therein. The section titles in the
Terms and Conditions are for convenience only and have no
legal or contractual effect or significance.
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