This Agreement also governs the use of USA Gymnastics Online Membership Application (a “Site” or “Service”), which is an online application for transactions related to membership and other services. By your use of the Site or Services, any accompanying applications, media, and documentation, you also agree to accept and be bound by these Terms.
As used in this Agreement, the terms “you”, “your” or “user” are synonymous, and refer to the person using the Site or Services in any manner.
In some instances, both these Terms and other separate terms and conditions will apply. By using the Service, you agree to be bound by such Additional Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise or fail to contain elements of these Terms. For example, if the Additional Terms do not contain a heading for “Accessing the Service”, then the section in these terms related to that subject area will control.
If you do not agree to any of these Terms, please do not use or access our Service.
We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to you.
You are responsible for:
Making all arrangements necessary for you to have access to the Service. Ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them. Ensuring that using our Services on mobile devices does not distract you or prevent you from obeying traffic or safety laws.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
USA Gymnastics may immediately suspend or terminate the availability of the Service, in whole or in part, to any individual, group, or everyone, for any reason, in USA Gymnastics’ sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from USA Gymnastics, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, will survive.
USA Gymnastics is not liable for information that is inaccurate due to technical defects in software used on the Site, whether induced by its system or by software provided by third parties.
USA Gymnastics grants you a non-exclusive, non-transferable royalty-free license to access the USA Gymnastics website located at http://usagym.org (the “Site”), and to use the Services in connection with your participation in the USA Gymnastics Online Membership Application conditioned on your acceptance without modification of these Terms. The Site and Services are licensed, to you by USA Gymnastics for your personal use, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY USA Gymnastics OR ITS LICENSORS.
You agree that you will not:
(i) copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, or use the Service to create a derivative work;
(ii) use the Service for any commercial purpose, with the exception that if you are a USA Gymnastics member club, you may use the Service for commercial activities reasonably associated to, or in conjunction with, that membership;
(iii) use the Service or Company Information for any political purpose;
(iv) engage in any activity in connection with the Service that is libelous, slanderous, defamatory, fraudulent, unlawful, false or misleading, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, hateful, or otherwise inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
(v) harvest any information from the Service;
(vi) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to the Service including without limitation, any service or product USA Gymnastics offers;
(vii) modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Service, including, without limitation, by any way of reproducing any web pages on any other website without our express written permission;
(viii) interfere with the proper operation of or any security measure used by the Service;
(ix) infringe any intellectual property or other right of any third party;
(x) use the Service’s information in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you;
(xi) use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or misrepresent, mislead, or omit as to the origin or source of any material;
(xii) use the Service to make any speculative, fraudulent, or false reservation or any reservation in anticipation of demand;
(xiii) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Service;
(xiv) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Service or Company information;
(xv) use the Service in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of the Sites;
(xvi) upload or transmit to the Service any device, software, program, or file that may damage the operation of any computer or the Service, including without limitation, viruses or corrupt files;
(xvii) disguise the origin of information transmitted to, from, or through the Service;
(xviii) circumvent any measures implemented by USA Gymnastics aimed at preventing violations of the Terms. You may not violate the restrictions in any robot exclusion header; or
(xix) otherwise violate these Terms or any applicable Additional Terms.
You also agree you will not use the Service for or in connection with offering any third-party product or service not authorized or approved by USA Gymnastics.
When you use the Service for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them.
You may not engage in any conduct that is, or that USA Gymnastics deems to be, in violation of the Terms.
Each time you enter your Account Name (User Identification) and Password login information, you authorize USA Gymnastics to process your request and to retrieve and/or transmit information requested by you. Authorized access to the Services requires your completion of a registration by providing current, complete and accurate information as prompted by the applicable registration form. You are required to change the assigned Password for your Account Name (User Identification). You are the only person authorized to use your Account (User Identification) and Password, and you agree not to permit or allow other persons to have access to or use the same.
You are entirely responsible for maintaining the confidentiality of your Password and Account Name (User Identification). Furthermore, you are entirely responsible for all activities that occur through the use of your Password or Account (User Identification). You agree to notify USA Gymnastics immediately of any actual or suspected unauthorized use of your Password Account (User Identification), or any other breach of security. USA Gymnastics will not be liable for any loss that you may incur as a result of someone else using your Account (User Identification) and Password, either with or without your knowledge. However, you could be held liable for losses incurred by USA Gymnastics or another party due to someone else using your Account (User Identification) and Password.
The Site and the Services may link you or direct you to third party websites. These other sites are not under the control of USA Gymnastics. USA Gymnastics is not responsible for the performance of, information provided by or activity of any third-party site provider in connection with their provision of services or otherwise. The inclusion of such link(s) does not imply endorsement of the site by USA Gymnastics or necessarily any association with its operators. USA Gymnastics provides these site links to you only as a convenience. You are responsible for reviewing, understanding and complying with the terms and conditions governing any third-party sites and your use of such sites.
You may not transfer, distribute, sub-license, assign or grant any rights in the Services in any form to any person without the prior written consent of USA Gymnastics. As a condition to USA Gymnastics granting consent, among others that USA Gymnastics may require, any such transferee or licensee must agree to be bound by these Terms. These Terms are binding upon and inure to the benefit of you and your respective successors and assigns.
Participation in the Services is at the sole discretion of USA Gymnastics, which may limit participation, impose conditions on its use, and discontinue all or part of the Services at any time. Your license and right to use the Services are effective until terminated. This License will terminate immediately without notice from USA Gymnastics if you fail to comply with any provision of this License. You may terminate this License at any time upon notice to USA Gymnastics.
USA Gymnastics (for itself and its licensors) reserves all patent, copyright, trade secret, trade name, trademark, accompanying media or documentation, and other proprietary rights related to the Services, and you shall not infringe or violate such rights. Except as stated herein, the Services are for your personal use. Additionally, you may not remove any proprietary notices, labels, or marks on the Services or accompanying documentation.
USA Gymnastics uses reasonable efforts to provide accurate data and/or reports to you through the Services. Such data and/or reports are intended only for informational purposes. USA Gymnastics cannot guarantee that any such data and/or reports are accurate or complete or that they will be current at all times. Data and/or reports are not intended to provide specific legal, accounting, financial or tax advice for you, and should not be relied upon in that regard. USA Gymnastics assumes no liability or responsibility for any errors or omissions in the content of the Site. You should independently verify the content of all such data and/or reports prior to making any decisions based that content. You should not act or rely on such data and/or reports without seeking the advice of a professional.
EXCEPT AS MAY BE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS FOR YOUR USE. USA GYMNASTICS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND USA GYMNASTICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USA GYMNASTICS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, CORRECT OR SECURE; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SATISFACTION, QUALITY, PERFORMANCE, ACCURACY AND EFFORT CONCERNING THE SERVICES ARE SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU
FOR USA GYMNASTICS, THE ENTIRE AND EXCLUSIVE LIABILITY OF USA GYMNASTICS UNDER THIS AGREEMENT, INCLUDING USE OF THE SERVICES BY USERS SHALL BE AS STATED IN THE USA GYMNASTICS BYLAWS AND OTHER POLICIES, INCLUDING THESE AND ANY OTHER APPLICABLE TERMS. YOU AGREE NOT TO HOLD USA GYMNASTICS LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL USA GYMNASTICS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR USA GYMNASTICS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL USA GYMNASTICS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO USA GYMNASTICS FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY SITE, WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY USA GYMNASTICS OR A LICENSOR OF USA GYMNASTICS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
USA Gymnastics may establish limits concerning use of the whole or any part of the Services, including without limitation the maximum number of times and duration you or your authorized users may access the Services. USA Gymnastics has no responsibility or liability for the deletion, corruption or failure to store any information, data or other content maintained or transmitted by the Services.
This License and Terms represents the entire agreement between USA Gymnastics and you relating to the subject matter hereof and no waiver of these Terms shall be valid unless in writing signed by each party. The waiver or a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. This Agreement will be governed by the laws of the State of Indiana without reference to conflict of laws principles.
In any dispute arising out of this Agreement, you and USA Gymnastics each consent to the exclusive personal jurisdiction and venue in the State and Federal courts within Marion County and the State of Indiana. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
Should you have any questions about these Terms, or if you desire to contact USA Gymnastics for any reason, please notify USA Gymnastics at the following address:
IF YOU ARE USING THE SERVICE ON BEHALF OF A BUSINESS, THAT BUSINESS ACCEPTS THESE TERMS. THE BUSINESS WILL HOLD HARMLESS AND INDEMNIFY USA GYMNASTICS FROM ANY CLAIM, SUIT OR ACTION ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR VIOLATION OF THESE TERMS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES.
No consent or approval may be deemed to have been granted by us without being in writing and signed by an officer of USA Gymnastics.
You agree to defend, indemnify and hold harmless USA Gymnastics from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your use of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. USA Gymnastics reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with USA Gymnastics’ defense of any claim. You will not in any event settle any claim without the prior written consent of USA Gymnastics.
If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. USA Gymnastics may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of USA Gymnastics.
USA Gymnastics reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. USA Gymnastics may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.