Terms of Use

Website Terms of Use

Version 1.0

The varsityxpress.com web site situated at https://varsityxpress.com/ is a copyrighted work belonging to Varsityxpress.com. Certain options of the Site could also be topic to extra tips, phrases, or guidelines, which shall be posted on the Site in reference to such options.

All such extra phrases, tips, and guidelines are included by reference into these Terms.

These Terms of Use described the legally binding phrases and situations that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and also you characterize that you’ve the authority and capability to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These phrases require the use of arbitration Section 10.2 on a person foundation to resolve disputes and in addition restrict the cures accessible to you within the occasion of a dispute. These Terms of Use had been created with the assistance of the Terms Of Use Generator.

Access to the Site

Subject to those Terms. Company grants you a non-transferable, non-exclusive, revocable, restricted license to entry the Site solely to your personal private, noncommercial use.

Certain Restrictions. The rights authorised to you in these Terms are topic to the next restrictions: (a) you shall not promote, lease, lease, switch, assign, distribute, host, or in any other case commercially exploit the Site; (b) you shall not change, make by-product works of, disassemble, reverse compile or reverse engineer any half of the Site; (c) you shall not entry the Site with a purpose to construct the same or aggressive web site; and (d) besides as expressly said herein, no half of the Site could also be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any type or by any means until in any other case indicated, any future launch, replace, or different addition to performance of the Site shall be topic to those Terms.  All copyright and different proprietary notices on the Site should be retained on all copies thereof.

Company reserves the suitable to alter, droop, or stop the Site with or with out discover to you.  You authorised that Company won’t be held liable to you or any third-party for any change, interruption, or termination of the Site or any half.

No Support or Maintenance. You agree that Company may have no obligation to offer you any help in reference to the Site.

Excluding any User Content that you could be present, you might be conscious that every one the mental property rights, together with copyrights, patents, logos, and commerce secrets and techniques, within the Site and its content material are owned by Company or Company’s suppliers. Note that these Terms and entry to the Site don’t offer you any rights, title or curiosity in or to any mental property rights, apart from the restricted entry rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site could include hyperlinks to third-party web sites and companies, and/or show ads for third-parties.  Such Third-Party Links & Ads will not be underneath the management of Company, and Company is just not answerable for any Third-Party Links & Ads.  Company gives entry to those Third-Party Links & Ads solely as a comfort to you, and doesn’t assessment, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your individual threat, and will apply an acceptable stage of warning and discretion in doing so. When you click on on any of the Third-Party Links & Ads, the relevant third celebration’s phrases and insurance policies apply, together with the third celebration’s privateness and information gathering practices.

Other Users. Each Site person is solely answerable for any and all of its personal User Content.  Because we don’t management User Content, you acknowledge and agree that we’re not answerable for any User Content, whether or not offered by you or by others.  You agree that Company won’t be answerable for any loss or injury incurred because the end result of any such interactions.  If there’s a dispute between you and any Site person, we’re underneath no obligation to develop into concerned.

You hereby launch and ceaselessly discharge the Company and our officers, staff, brokers, successors, and assigns from, and hereby waive and relinquish, every previous, current and future dispute, declare, controversy, demand, proper, obligation, legal responsibility, motion and trigger of motion of all kinds and nature, that has arisen or arises immediately or not directly out of, or that relates immediately or not directly to, the Site. If you’re a California resident, you hereby waive California civil code part 1542 in reference to the foregoing, which states: “a common launch doesn’t lengthen to claims which the creditor doesn’t know or suspect to exist in his or her favor on the time of executing the discharge, which if recognized by her or him will need to have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like every other web site, varsityxpress.com makes use of ‘cookies’. These cookies are used to retailer info together with guests’ preferences, and the pages on the web site that the customer accessed or visited. The info is used to optimize the customers’ expertise by customizing our net web page content material primarily based on guests’ browser kind and/or different info.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our web site. It additionally makes use of cookies, often called DART cookies, to serve advertisements to our web site guests primarily based upon their go to to www.web site.com and different websites on the web. However, guests could select to say no the use of DART cookies by visiting the Google advert and content material community Privacy Policy on the following URL – https://policies.google.com/technologies/ads

Disclaimers

The web site is offered on an “as-is” and “as accessible” foundation, and firm and our suppliers expressly disclaim any and all warranties and situations of any sort, whether or not specific, implied, or statutory, together with all warranties or situations of merchantability, health for a selected function, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not assure that the location will meet your necessities, shall be accessible on an uninterrupted, well timed, safe, or error-free foundation, or shall be correct, dependable, free of viruses or different dangerous code, full, authorized, or secure.  If relevant legislation requires any warranties with respect to the location, all such warranties are restricted in length to ninety (90) days from the date of first use.

Some jurisdictions don’t permit the exclusion of implied warranties, so the above exclusion could not apply to you.  Some jurisdictions don’t permit limitations on how lengthy an implied guarantee lasts, so the above limitation could not apply to you.

Limitation on Liability

To the utmost extent permitted by legislation, in no occasion shall firm or our suppliers be liable to you or any third-party for any misplaced earnings, misplaced information, prices of procurement of substitute merchandise, or any oblique, consequential, exemplary, incidental, particular or punitive damages arising from or relating to those phrases or your use of, or incapability to make use of the location even when firm has been suggested of the chance of such damages.  Access to and use of the location is at your individual discretion and threat, and you’ll be solely answerable for any injury to your machine or pc system, or loss of information ensuing therefrom.

To the utmost extent permitted by legislation, however something on the contrary contained herein, our legal responsibility to you for any damages arising from or associated to this settlement, will always be restricted to a most of fifty U.S. {dollars} (u.s. $50). The existence of a couple of declare won’t enlarge this restrict.  You agree that our suppliers may have no legal responsibility of any sort arising from or regarding this settlement.

Some jurisdictions don’t permit the limitation or exclusion of legal responsibility for incidental or consequential damages, so the above limitation or exclusion could not apply to you.

Term and Termination. Subject to this Section, these Terms will stay in full pressure and impact whilst you use the Site.  We could droop or terminate your rights to make use of the Site at any time for any purpose at our sole discretion, together with for any use of the Site in violation of these Terms.  Upon termination of your rights underneath these Terms, your Account and proper to entry and use the Site will terminate instantly.  You perceive that any termination of your Account could contain deletion of your User Content related together with your Account from our stay databases.  Company won’t have any legal responsibility in any respect to you for any termination of your rights underneath these Terms.  Even after your rights underneath these Terms are terminated, the next provisions of these Terms will stay in impact: Sections 2 by way of 2.5, Section 3 and Sections 4 by way of 10.

Copyright Policy.

Company respects the mental property of others and asks that customers of our Site do the identical.  In reference to our Site, we’ve got adopted and carried out a coverage respecting copyright legislation that gives for the removing of any infringing supplies and for the termination of customers of our on-line Site who’re repeated infringers of mental property rights, together with copyrights.  If you consider that one of our customers is, by way of the use of our Site, unlawfully infringing the copyright(s) in a piece, and want to have the allegedly infringing materials eliminated, the next info within the type of a written notification (pursuant to 17 U.S.C. § 512(c)) should be offered to our designated Copyright Agent:

  • your bodily or digital signature;
  • identification of the copyrighted work(s) that you simply declare to have been infringed;
  • identification of the fabric on our companies that you simply declare is infringing and that you simply request us to take away;
  • ample info to allow us to find such materials;
  • your deal with, phone quantity, and e-mail deal with;
  • a press release that you’ve a superb religion perception that use of the objectionable materials is just not approved by the copyright proprietor, its agent, or underneath the legislation; and
  • a press release that the data within the notification is correct, and underneath penalty of perjury, that you’re both the proprietor of the copyright that has allegedly been infringed or that you’re approved to behave on behalf of the copyright proprietor.

Please observe that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of materials reality in a written notification robotically topics the complaining celebration to legal responsibility for any damages, prices and lawyer’s charges incurred by us in reference to the written notification and allegation of copyright infringement.

General

These Terms are topic to occasional revision, and if we make any substantial adjustments, we could notify you by sending you an e-mail to the final e-mail deal with you offered to us and/or by prominently posting discover of the adjustments on our Site.  You are answerable for offering us together with your most present e-mail deal with.  In the occasion that the final e-mail deal with that you’ve offered us is just not legitimate our dispatch of the e-mail containing such discover will nonetheless represent efficient discover of the adjustments described within the discover.  Any adjustments to those Terms shall be efficient upon the earliest of thirty (30) calendar days following our dispatch of an e-mail discover to you or thirty (30) calendar days following our posting of discover of the adjustments on our Site.  These adjustments shall be efficient instantly for brand new customers of our Site.  Continued use of our Site following discover of such adjustments shall point out your acknowledgement of such adjustments and settlement to be certain by the phrases and situations of such adjustments.
Dispute Resolution. Please learn this Arbitration Agreement fastidiously. It is a component of your contract with Company and impacts your rights.  It incorporates procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in reference to the Terms or the use of any services or products offered by the Company that can’t be resolved informally or in small claims court docket shall be resolved by binding arbitration on a person foundation underneath the phrases of this Arbitration Agreement.  Unless in any other case agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, associates, brokers, staff, predecessors in curiosity, successors, and assigns, in addition to all approved or unauthorized customers or beneficiaries of companies or items offered underneath the Terms.

Notice Requirement and Informal Dispute Resolution. Before both celebration could search arbitration, the celebration should first ship to the opposite celebration a written Notice of Dispute describing the character and foundation of the declare or dispute, and the requested reduction.  A Notice to the Company ought to be despatched to: https://varsityxpress.com/. After the Notice is acquired, you and the Company could try to resolve the declare or dispute informally.  If you and the Company don’t resolve the declare or dispute inside thirty (30) days after the Notice is acquired, both celebration could start an arbitration continuing.  The quantity of any settlement provide made by any celebration is probably not disclosed to the arbitrator till after the arbitrator has decided the quantity of the award to which both celebration is entitled.

Arbitration Rules. Arbitration shall be initiated by way of the American Arbitration Association, a longtime different dispute decision supplier that gives arbitration as set forth on this part.  If AAA is just not accessible to arbitrate, the events shall agree to pick out an alternate ADR Provider.  The guidelines of the ADR Provider shall govern all features of the arbitration besides to the extent such guidelines are in battle with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration can be found on-line at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be carried out by a single, impartial arbitrator.  Any claims or disputes the place the overall quantity of the award sought is lower than Ten Thousand U.S. Dollars (US $10,000.00) could also be resolved by way of binding non-appearance-based arbitration, on the possibility of the celebration in search of reduction.  For claims or disputes the place the overall quantity of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or extra, the suitable to a listening to shall be decided by the Arbitration Rules.  Any listening to shall be held in a location inside 100 miles of your residence, until you reside outdoors of the United States, and until the events agree in any other case.  If you reside outdoors of the U.S., the arbitrator shall give the events affordable discover of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator could also be entered in any court docket of competent jurisdiction.  If the arbitrator grants you an award that’s better than the final settlement provide that the Company made to you previous to the initiation of arbitration, the Company can pay you the better of the award or $2,500.00.  Each celebration shall bear its personal prices and disbursements arising out of the arbitration and shall pay an equal share of the charges and prices of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance primarily based arbitration is elected, the arbitration shall be carried out by phone, on-line and/or primarily based solely on written submissions; the precise method shall be chosen by the celebration initiating the arbitration.  The arbitration shall not contain any private look by the events or witnesses until in any other case agreed by the events.

Time Limits. If you or the Company pursues arbitration, the arbitration motion should be initiated and/or demanded throughout the statute of limitations and inside any deadline imposed underneath the AAA Rules for the pertinent declare.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will determine the rights and liabilities of you and the Company, and the dispute won’t be consolidated with every other issues or joined with every other circumstances or events.  The arbitrator shall have the authority to grant motions dispositive of all or half of any declare.  The arbitrator shall have the authority to award financial damages, and to grant any non-monetary treatment or reduction accessible to a person underneath relevant legislation, the AAA Rules, and the Terms.  The arbitrator shall situation a written award and assertion of choice describing the important findings and conclusions on which the award is predicated.  The arbitrator has the identical authority to award reduction on a person foundation {that a} decide in a court docket of legislation would have.  The award of the arbitrator is remaining and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as an alternative electing that every one claims and disputes shall be resolved by arbitration underneath this Arbitration Agreement.  Arbitration procedures are usually extra restricted, extra environment friendly and cheaper than guidelines relevant in a court docket and are topic to very restricted assessment by a court docket.  In the occasion any litigation ought to come up between you and the Company in any state or federal court docket in a swimsuit to vacate or implement an arbitration award or in any other case, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, as an alternative electing that the dispute be resolved by a decide.

Waiver of Class or Consolidated Actions. All claims and disputes throughout the scope of this arbitration settlement should be arbitrated or litigated on a person foundation and never on a category foundation, and claims of a couple of buyer or person can’t be arbitrated or litigated collectively or consolidated with these of every other buyer or person.

Confidentiality. All features of the arbitration continuing shall be strictly confidential.  The events agree to take care of confidentiality until in any other case required by legislation.  This paragraph shall not stop a celebration from submitting to a court docket of legislation any info essential to implement this Agreement, to implement an arbitration award, or to hunt injunctive or equitable reduction.

Severability. If any half or elements of this Arbitration Agreement are discovered underneath the legislation to be invalid or unenforceable by a court docket of competent jurisdiction, then such particular half or elements shall be of no pressure and impact and shall be severed and the rest of the Agreement shall proceed in full pressure and impact.

Right to Waive. Any or all of the rights and limitations set forth on this Arbitration Agreement could also be waived by the celebration in opposition to whom the declare is asserted.  Such waiver shall not waive or have an effect on every other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, both you or the Company could deliver a person motion in small claims court docket.

Emergency Equitable Relief. Anyhow the foregoing, both celebration could search emergency equitable reduction earlier than a state or federal court docket with a purpose to keep the established order pending arbitration.  A request for interim measures shall not be deemed a waiver of every other rights or obligations underneath this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the opposite celebration’s patent, copyright, trademark or commerce secrets and techniques shall not be topic to this Arbitration Agreement.

In any circumstances the place the foregoing Arbitration Agreement permits the events to litigate in court docket, the events hereby comply with undergo the non-public jurisdiction of the courts situated inside Netherlands County, California, for such functions.

The Site could also be topic to U.S. export management legal guidelines and could also be topic to export or import laws in different international locations. You agree to not export, re-export, or switch, immediately or not directly, any U.S. technical information acquired from Company, or any merchandise using such information, in violation of the United States export legal guidelines or laws.

Company is situated on the deal with in Section 10.8. If you’re a California resident, you might report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.

Electronic Communications. The communications between you and Company use digital means, whether or not you employ the Site or ship us emails, or whether or not Company posts notices on the Site or communicates with you through e mail. For contractual functions, you (a) consent to obtain communications from Company in an digital type; and (b) agree that every one phrases and situations, agreements, notices, disclosures, and different communications that Company gives to you electronically fulfill any authorized obligation that such communications would fulfill if it had been be in a tough copy writing.

Entire Terms. These Terms represent the complete settlement between you and us concerning the use of the Site. Our failure to train or implement any proper or provision of these Terms shall not function as a waiver of such proper or provision. The part titles in these Terms are for comfort solely and don’t have any authorized or contractual impact. The phrase “together with” means “together with with out limitation”. If any provision of these Terms is held to be invalid or unenforceable, the opposite provisions of these Terms shall be unimpaired and the invalid or unenforceable provision shall be deemed modified in order that it’s legitimate and enforceable to the utmost extent permitted by legislation.  Your relationship to Company is that of an impartial contractor, and neither celebration is an agent or companion of the opposite.  These Terms, and your rights and obligations herein, is probably not assigned, subcontracted, delegated, or in any other case transferred by you with out Company’s prior written consent, and any tried project, subcontract, delegation, or switch in violation of the foregoing shall be null and void.  Company could freely assign these Terms.  The phrases and situations set forth in these Terms shall be binding upon assignees.

Your Privacy. Please learn our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All logos, logos and repair marks displayed on the Site are our property or the property of different third-parties. You will not be permitted to make use of these Marks with out our prior written consent or the consent of such third celebration which can personal the Marks.

Contact Information

Address: https://varsityxpress.com/

Email: [email protected]

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