TERMS AND CONDITIONS OF USE
Last Updated: September 5, 2020
WELCOME TO CLAVAVOLLEYBALL.COM
By using our site as a guest or registered Member, you are accepting these terms (on behalf of yourself or the entity that you represent), and you further represent and warrant that you have the right, capacity and authority to enter into these Terms on behalf of yourself or the entity that you are representing.
The provision of these Terms provides that with respect to your use of the Service and to the fullest extent permitted by applicable law, all disputes that may arise between you and Clava Volleyball shall be brought under and resolved by binding arbitration. To the fullest extent permitted by law, your rights herein this Agreement shall be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. By agreeing to these terms, you agree to give up all rights to go to court to defend or assert your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted by applicable law.
TERMS AND CONDITIONS
- CHANGES TO TERMS AND SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
- OWNERSHIP, USING OUR CONTENT AND SERVICE
Ownership: The Service is owned and operated by Clava Volleyball. You understand and acknowledge that the proprietary method, codes, software and systems used to provide the Site or Services (“Our Technology”) to you are: (a) copyrighted by us and/or our licensors under the United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws, and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.
Nothing in these Terms grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms. Except as expressly provided herein, nothing in these Terms will be deemed to grant, by estoppel, implication, or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Clava Volleyball or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms.
Our Proprietary Rights: Our Service and Website may contain an assortment of information, data, software, images, video clips, music, links, logos and other material (“Content”) that are the copyright, trademark or other intellectual property of the owners of this Service or third party suppliers. The Content in this Service is copyrighted individually and as a collective work. All rights are reserved. The name “Clava Volleyball®” and other names appearing herein are the trademarks or registered trademarks of the Service or the respective third-party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. Any licenses granted by this Agreement are non-exclusive.
Intellectual Property Rights & Reservation of Rights: All content, communications, software applications, digital products, updates and features of this Service are copyrighted by the Service, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any material from this Service or otherwise use any such material in any manner for any public or commercial purpose.
You must be at least 13 years of age to access or use our Service. However, certain features of our Service, such as registering for Clava Volleyball club, camps, training, events, and other programs we offer (“Clava Volleyball Programs”), require that you be 18 years of age. If you are accessing or using our Service on behalf of another person or on behalf of an entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
- ADULT WAIVER FOR MINOR PARTICIPANT (LESS THAN 18)
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHTS TO SUE.
In consideration for allowing my minor child/ward to participate in all related events and activities of Clava Volleyball Club or for events made available through the Clava Volleyball Club, you hereby warrant and agree:
- You are the parent/guardian having full legal responsibility for decisions regarding your minor child/ward, and
- You are familiar with and accept, on behalf of yourself and your minor child/ward that there is the risk of serious injury and death in participation in volleyball and in competitive volleyball in particular; and
- you have satisfied yourself and believe that your minor child/ward is physically, emotionally and mentally able to participate in this program, and that his/her equipment is mechanically fit for his/her use in this program; and
- you understand, and will instruct your minor child/ward, that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with your minor child/ward; and
- you will immediately remove your minor child/ward from participation, and notify the nearest official, if at any time you sense or observe any unusual hazard or unsafe condition or if you feel that your minor child/ward has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation with Clava Volleyball club.
- You authorize Clava Volleyball Club to consent to emergency medical treatment in accordance with the best interests of your minor child/ward, should I not be present at the relevant time to grant consent myself; and
- You will not sue the releasees for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of your minor child/ward in the program.
- PROHIBITED CONTENTS AND CONDUCT
By making use of this service, you agree that you will only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You agree that you will not create, store, post or share any content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Clava Volleyball Club or others to any harm or liability of any type.
Also, by making use of this service, you agree that not violate any applicable law, contract, intellectual property or other third-party right or commit a tort through your conduct, and you are solely responsible for your conduct while accessing or using our Service. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Clava Volleyball;
- Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
- Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
- Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
- Bypass or ignore instructions contained in the robots.txt file that controls automated access to portions of our Service; or
- Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms
Enforcement of the conduct and content rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason
- USE OF COMMUNICATION SERVICE
The Clava Volleyball Club website may contain message boards, profiles, forums, newsgroups, communities, bulletin boards services, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the public, other users, or other persons (“post”) content or materials (collectively, “User Content”) on or through the Website. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You may upload certain User Content from time to time for a certain aspect of the services. You guarantee that you own all rights in the User Content and you acknowledge and agree that you have sole responsibility for the legality, reliability, accuracy and quality of the User Content.
You grant to us a non-exclusive, royalty-free, worldwide license to use the User Content to the extent reasonably necessary for the provision of the Services from time to time. This right cannot be withdrawn by you (but you can delete the content from any public-facing elements of the Website) and the license may be used by us on an ongoing basis. For the avoidance of doubt, by posting User Content publicly to a Service, you grant us the right and license to use, modify, display, reproduce and distribute such User Content for any purpose.
Clava Volleyball has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Clava Volleyball Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
We advise you to always use caution when giving out any personally identifying information about yourself or your children(if you are a parent/a guardian) in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
- NOTICE OF PHOTOGRAPHY, AUDIO AND VIDEO RECORDING AND RELEASE
When you visit the Clava Volleyball Club premises or attend any of the Clava Volleyball organized events or programs, you may enter an area where photography and audio and video recordings may occur. By entering the Clava Volleyball Club premises or attending Clava Volleyball events or Programs, you consent to such photography and audio and video recording and you release Clava Volleyball for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Clava Volleyball Club premises.
- LINK TO THIRD-PARTY WEBSITES OR RESOURCES
The Clava Volleyball website and services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You agree that you will indemnify, defend, and hold harmless Clava Volleyball and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Clava Volleyball Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Clava Volleyball or the other Clava Volleyball Parties
- WARRANTY AND LIABILITY DISCLAIMERS
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CLAVA VOLLEYBALL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE TRY TO ENSURE THAT WE PROVIDE YOU WITH ACCURATE AND ERROR-FREE INFORMATION AND SO, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLAVA VOLLEYBALL AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CLAVA VOLLEYBALL WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CLAVA VOLLEYBALL WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CLAVA VOLLEYBALL AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CLAVA VOLLEYBALL WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLAVA VOLLEYBALL AND/OR ITS PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAVA VOLLEYBALL AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLAVA VOLLEYBALL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CLAVA VOLLEYBALL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CLAVA VOLLEYBALL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CLAVA VOLLEYBALL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLAVA VOLLEYBALL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You are entitled to discontinue your use of the service at any time. Also, without limiting any other provision of this agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of this service to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.
- FORCE MAJEURE
To the fullest extent permitted under applicable law, Clava Volleyball will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to Clava Volleyball’s information technology systems by third parties; or (g) other causes beyond the reasonable control of Clava Volleyball.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Clava Volleyball agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Clava Volleyball with written notice of your desire to do so by email within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”).
If you don’t provide Clava Volleyball with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Clava Volleyball with an Arbitration Opt-out Notice, will be the state and federal courts located in Southern California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Clava Volleyball with an Arbitration Opt-out Notice, you acknowledge and agree that you and Clava Volleyball are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Clava Volleyball otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Clava Volleyball otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of the documents that you and Clava Volleyball submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Clava Volleyball will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Clava Volleyball will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions as regards how we can make changes to this Terms if Clava Volleyball make changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Clava Volleyball’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Clava Volleyball in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)
- GENERAL TERMS
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Clava Volleyball and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Clava Volleyball and you regarding the Services, Products and Content.
Severability: If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Clava Volleyball’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Clava Volleyball may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications provided by Clava Volleyball under these Terms, including those regarding modifications to these Terms, will be given: (i) by Clava Volleyball via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver: Clava Volleyball’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Clava Volleyball. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.