Terms of Use

Last updated: August 2, 2006

1. ACCEPTANCE OF TERMS.

These Terms of Use govern the access to and use of all services, features and content made available through or in connection with Kicks with Krech (“Organization,” “we,” “us”) websites and online facilities (collectively, the “Site”), including through password-protected portions of the Site (“Member Areas”). Use of the Site by visitors to the Site (“you”) is subject to your compliance with the terms and conditions set forth in these Terms of Use, which supplement any additional guidelines or other terms posted by Organization in relation to specific Site-related services or content. Although you can access and read portions of the Site by visiting the Site, you must register as a member to use certain Site features – such as signing up for a program or making a payment. Please note that we reserve the right to update or modify these Terms of Use without advance notice by posting a revised Terms of Use to the Site. You can determine whether the Terms of Use has been modified since your last visit by viewing the “Last updated” legend posted at the top of the Agreement. By checking the “I agree to the above terms of use” box (if you are a Member) or by using the Site, as applicable, you agree to be bound by these Terms of Use, and agree to the terms of the Privacy Policy. If at any point you no longer agree to the Terms of Use, please arrange to cancel your membership of the Site by notifying Organization and discontinuing your use of the Site. Organization may deny service to you at any time, including in the event you do not adhere to these Terms of Use.

2. REGISTERING WITH THE SITE; ACCESS AND AUTHORITY TO USE MEMBER AREAS.

Registering with the Site. The Organization welcomes anyone to check out the Site, and to sign up to receive news about the Organization, offers and other information that may interest you from time to time. But in order to sign up a child for a sports program or to transact any business with Organization through the Site, you must register with the Site and create an account and password.

Account, Username and Password. If you register to become a Member of the Site, you will be asked to select a username and password. You are responsible for the confidentiality and use of your username and password and agree not to transfer your account to another party. If you become aware that your account is no longer secure, please notify us and change your password. You agree that you will (1) log out and close down access to Member Areas at the end of each Site session; and (2) immediately notify the Organization of your loss, or any unauthorized use of, your username and/or password or account, or any other breach of security. You have the option to change your password as often as you wish by creating a new password. It is recommended that you change your password at least once every 60 days.

You agree (a) to use your username, password and access to the Member Areas only to conduct business on behalf of you, your child or the organization you represent, as applicable; (b) to provide and maintain accurate, current and complete information about yourself; and (c) not to select a username that impersonates someone else or otherwise violates someone else’s rights.

Deactivation of Members. The Organization has the right to deactivate you as a Member at any time for any reason, including without limitation for the reason that (a) you are terminating your employment with your organization; (b) your Member account will be inactive for an extended period of time; or (c) there is reason to believe that you have violated or will violate these Terms of Use. Upon any deactivation of your account by Organization or your Administrator(s), your license to use the Site will automatically terminate and you agree that you will cease use of the Site immediately. Although Organization is not responsible for monitoring access to the Site, Organization reserves the right to deactivate any Member’s access to the Site at any time.

Administrator Responsibilities. Organization has designated or will designate at least one authorized employee, volunteer or independent contractor to serve as its administrator for purposes of overseeing access of Organization’s employees and other authorized representatives to the Site ("Administrator"). Administrator will have access to the complete range of features, services and information available through the Member Areas of the Site. Administrator will determine which features and services each Member may access by selecting and assigning an access level permission to each Member based on each such Member’s need and appropriateness to access specific Site features, services or information. Each Administrator is responsible for overseeing and monitoring access by its organization’s Members to Member Areas. If you are an Administrator, you must deactivate Member accounts when Members no longer require access to the Site for any reason. If you have reason to believe that a password is being misused by a Member or used by an unauthorized person, you must deactivate the account, and notify us at [email protected]. Administrator(s), and the respective organizations they represent, as applicable, are solely responsible for the conduct of the individuals they authorize to access the Site on behalf of their organization.

Primary Administrator; Changing or Adding Administrators. The person initially designated to act as Administrator on behalf of an organization ("Primary Administrator") has the authority to designate one or more additional Administrators for their organization, who will have the same privileges and responsibilities as the Primary Administrator and who can, in turn, designate additional Administrators. All Administrators are bound by these Terms of Use, including the provisions specifically applicable to Administrators.

3. LICENSE; LIMITATIONS.

Subject to your full compliance with these Terms of Use, Organization grants to you a non-exclusive, nontransferable, revocable, non-sublicensable, limited license to access and make use of the Site. You may use the Site solely as provided in these Terms of Use, and to the extent necessary to transact business through the Site. You acknowledge and agree that the information and materials presented on or through the Site will remain the property of Organization and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by Organization and its licensors or providers (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by Organization and its licensors or providers are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials made available through the Site. You acknowledge that you do not acquire any ownership or intellectual property rights by using the Site. Organization may terminate your license and your access to the Site at any time, including without limitation for any breach of these Terms of Use, with or without notice.

The trademarks, service marks, logos and trade names displayed on the Site (collectively the “Marks”) are the registered and unregistered trademarks of Organization, Organization’s licensors and suppliers, and others. All Marks on the Site not owned by Organization are the property of their respective owners. The Marks owned by Organization, whether registered or unregistered, may not be used in connection with any product or service that is not Organization’s.

Limitations on Use of the Site. Subject to the provisions set forth below under "Submissions" you may not copy, reproduce, republish, sell, upload, download, extract, reverse engineer, modify, reformat, reconfigure, post, transmit or distribute the Site or any portion thereof, without the express written permission of Organization. You may not use data mining, robots or intelligent agents, or similar data gathering and extraction tools on the Site Online. You may not use or redistribute any of the Materials on any other website or networked computer environment or otherwise for any purpose. You may not use the Site or any portions thereof for any unlawful purpose. You may not restrict or inhibit any other visitor from using any aspect of the Site, including, without limitation, by means of "hacking" or defacing any portion of same. Any use of the Site for purposes other than those described in and contemplated by these Terms of Use is strictly prohibited.

4. SUBMISSIONS. When transacting business with the Site you may transmit or upload information (“Submissions”). You acknowledge and agree that, subject to the terms of Organization’s Privacy Policy, Organization may use, display and/or share such information as appropriate in order to facilitate the conduct of business and provision of services through the Site. You agree not to upload or transmit to the Site any content that (a) is libelous, defamatory, invasive of privacy, obscene, pornographic, abusive or threatening; (b) violates or infringes any person's legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks or trade secrets; (c) violates any law; (d) advocates any unlawful activity; (e) contains any viruses, worms, Trojan horses, defects, time bombs or other items of a harmful nature; or (f) is inaccurate or misleading. You are solely responsible for any content you submit, and neither Organization nor its providers has any responsibility for any of such content, including its legality, originality, reliability and/or appropriateness. You acknowledge and agree that Organization has the right (but not the obligation) to monitor any submissions or materials transmitted through the Site, and to alter or remove any such materials, to disclose such materials to any third party in order to operate the Site properly and to comply with legal obligations or governmental requests.

5. INFORMATION AVAILABLE ON OR THROUGH THE SITE. Some information made available on or through the Site is provided by third parties (“Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Organization. Organization is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.

6. LINKS. The Site provides links to other websites and resources. Because Organization has no control over these sites and resources, you acknowledge and agree that Organization does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Organization is providing these links to you only as a convenience. Organization has the right (but no obligation) to block links from or to the Site at any time.

7. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Organization infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Organization.

8. PRIVACY POLICY. All information provided by you or collected by us during visits to the Site (including when you register to become a member, sign up to use certain features or make purchases with your credit card) is governed by Organization’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully.

9. ELECTRONIC COMMUNICATION AND TRANSACTION OF BUSINESS. By visiting the Site, utilizing features made available through the Site, or emailing Organization, you consent to receive communications from Organization electronically and to have Organization communicate with you by email or by posting notices on the Site (subject to Organization’s Privacy Policy). You agree that all agreements, licenses, notices, disclosures and other documents and communications that Organization provides to you electronically satisfy any legal requirement that such documents or communications be in writing, and that such documents and communications are of the same legal effect as though they had been provided in non-electronic (hard copy) form.

10. JURISDICTIONAL ISSUES. The Site is controlled and operated by Organization from its principal location found under Contact Us on the Site, and is not intended to subject Organization to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Site do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.

11. TERMINATION. You agree that Organization, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including if Organization believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that Organization will not be liable to you or any third party for any termination of your access to the Site.

12. DISCLAIMERS. The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to the Site, content or services. Although we attempt to ensure the integrity of the Site, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. ORGANIZATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ORGANIZATION DOES NOT WARRANT THAT YOUR USE OF THE SITE OR THE ASSOCIATED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR THE ASSOCIATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, CABLE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE ASSOCIATED SOFTWARE AND YOUR RELIANCE THEREON. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ORGANIZATION DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE.

13. LIMITATION OF LIABILITY. A COVERED PARTY (AS DEFINED BELOW) WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (1) ANY ERRORS OR OMISSIONS IN, OR THE CONTENT OF, THE SITE; (2) THE UNAVAILABILITY OF THE SITE, OR ANY FEATURES THEREOF; (3) ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA IN CONNECTION WITH THE USE OF THE SITE OR RELATED MATERIALS; (4) ANY UNAUTHORIZED TRANSACTION OR MISUSE OF THE SITE, RELATED MATERIALS OR YOUR DATA BY AN EMPLOYEE OR ANY OTHER PARTY; AND/OR (5) ANY LOSS OR MISUSE OF A USERNAME OR PASSWORD.

"COVERED PARTY" MEANS (1) ORGANIZATION, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, REPRESENTATIVE, SUCCESSOR OR ASSIGN OF ORGANIZATION OR ITS AFFILIATES; AND (2) EACH THIRD-PARTY SUPPLIER OF MATERIALS, THEIR AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, REPRESENTATIVE, SUCCESSOR OR ASSIGN OF ANY THIRD-PARTY SUPPLIER OF MATERIALS OR ANY OF THEIR AFFILIATES.

SUBJECT TO THE MORE SPECIFIC DISCLAIMERS OF ALL LIABILITY SET FORTH ABOVE, A COVERED PARTY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE, RELATED, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

14. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Organization and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from (a) your activities in connection with the Site; (b) any violation of these Terms of Use by you; or (c) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.

15. LEGAL NOTICES UNDER CALIFORNIA LAW. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing Information. Current fees for our services may be obtained by contacting Organization. Organization reserves the right to change its fees or to institute new fees at any time. Any fees passed along to consumers as Convenience or Other Fees are deemed non-refundable and are the responsibility of the Organization.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916-445-1254 or 800-952-5210.

16. Miscellaneous. These Terms of Use is governed by and construed in accordance with the laws of the State where Organization is incorporated or primarily operates its business, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the Site or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Organization may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

17. Questions. If you have any questions or feedback about these Terms of Use or the Site, feel free to contact us via information found on the Site.

AGREEMENT TO TERMS OF USE. BY CHECKING THE BOX LABELED “I AGREE TO THE ABOVE TERMS OF USE” OR USING THIS SITE, AS APPLICABLE, YOU, BOTH INDIVIDUALLY AND ACTING ON BEHALF OF THE ORGANIZATION YOU REPRESENT (IF APPLICABLE): (1) REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OR OLDER; (2) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE ABOVE TERMS OF USE, INCLUDING THE ORGANIZATION PRIVACY POLICY; AND (3) AGREE THAT YOU AND THE ORGANIZATION YOU REPRESENT (IF APPLICABLE) WILL BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AND THE PRIVACY POLICY.