Please review all of our legal documentation:
Terms of
Service - Acceptable
Use - Privacy Policy
1. Agreement. This is an agreement between me and BookTennis.net regarding My use of BookTennis.net
computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications services (the
"BookTennis.net service"). This agreement governs the terms and conditions under which BookTennis.net
makes the BookTennis.net service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with
BookTennis.net's web hosting or similar service. This agreement is also posted on http://www.booktennis.net/login.asp PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. DURING THE LOGIN PROCESS, BY CLICKING ON THE BUTTON MARKED "LOGIN", AND BY ENTERING YOUR SUBSCRIBER INFORMATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
BookTennis.net's ACCEPTABLE USE POLICY.
2. Amendment. BookTennis.net may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If you do not terminate your registration, or continue to use the
BookTennis.net service, following modification to this agreement, your continued use will mean that you have accepted that modification.
3. Use of the Service. Under the terms of this agreement, you may only use the BookTennis.net
service through the number of communication channels and for which you have purchased service. You may not connect to the
BookTennis.net service through more than one telecommunications connection at any given time.
4. Disclaimer. The BookTennis.net service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BookTennis.net EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT BookTennis.net SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
BookTennis.net, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by
BookTennis.net, neither BookTennis.net nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the
BookTennis.net service in any way and that, except for such My Design/Build Project Inc. identified information, services or products, all merchandise, information and services offered or made available or accessible through the
BookTennis.net service are offered or made available or accessible by third parties who are not affiliated with
BookTennis.net or its Affiliates. YOU ACKNOWLEDGE THAT USE OF The BookTennis.net SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY
BookTennis.net AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
6. Commerce on the Web. Through your uses of the BookTennis.net service, you may have opportunities to order and purchase merchandise or services from other subscribers to the
BookTennis.net service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the
BookTennis.net service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers.
BookTennis.net and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BookTennis.net
, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE The
BookTennis.net services, including but not limited to reliance on any information obtained on the BookTennis.net
service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to
BookTennis.net's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT
BookTennis.net IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM
BookTennis.net OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
8. Member Charges and Fees. Fees and Charges apply to member Company Owners. As a
Design/Build Company Owner you the Customer agree to pay BookTennis.net the then-current monthly charges for the
BookTennis.net service. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that
BookTennis.net may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If
BookTennis.net does not receive the full amount of Customer's BookTennis.net service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms.
BookTennis.net reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice.
BookTennis.net may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit.
9. Personal Information. You hereby certify to BookTennis.net that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide
BookTennis.net with accurate, complete, and updated information required by the registration to the BookTennis.net
service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify
BookTennis.net within 30 days of any changes in your Member Registration Data. BookTennis.net may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
10. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account.
BookTennis.net service account may not be transferred without prior written approval from BookTennis.net
You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the
BookTennis.net service until you cancel BookTennis.net customer service.
11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT ANY TYPE OF INFORMATION POSTED ON BookTennis.net THAT IS UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE MATERIAL WILL CAUSE
IMMEDIATE ACCOUNT TERMINATION. ZERO TOLERANCE WILL BE USED TO ENFORCE THIS PART OF THIS AGREEMENT. SUCH MATERIAL IS AT YOUR OWN RISK.
My Design/Build Project, BookTennis.net AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
12. At-Will Termination. This (12) Twelve month agreement will become effective on the date BookTennis.net
receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason. The participant fully agrees to allow
BookTennis.net to charge the participant's credit card for the remaining balance owed to BookTennis.net
under this agreement. If the participant's credit card account is unable to pay for the remaining balance owed the participant will produce a new credit card immediately.
BookTennis.net may immediately restrict, suspend or terminate without notice, your access to and use of the
BookTennis.net service upon any breach of this agreement, include the then-current Acceptable Use Policy.
BookTennis.net may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with
BookTennis.net. for one year from the date of termination. Upon and after termination, BookTennis.net
will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of
BookTennis.net, in operating the BookTennis.net Service, any change in the content of the BookTennis.net
service, or any change in the amount or type of fees charged in connection with the BookTennis.net service, is to terminate this agreement by delivering 90 day notice to
BookTennis.net, effective the day BookTennis.net receives notification of termination.
13. IP Addresses. If BookTennis.net assigns you an Internet Protocol address for your use of the
BookTennis.net service, the right to use that Internet Protocol address will belong only to BookTennis.net, and you will have no right to use that Internet Protocol address except as allowed by
BookTennis.net in its sole discretion in connection with the plan you have selected, during the term of this agreement.
14. Electronic Mail. BookTennis.net may, but is not obligated to, block any incoming or outgoing e-mail message that
BookTennis.net determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy.
BookTennis.net shall not be responsible for lost, misdirected or undeliverable e-mail.
15. Network Outages. BookTennis.net makes every effort to provide the best online experience for you as possible.
BookTennis.net accepts no responsibility for network outages that may cause our servers and/or Internet access to become unavailable for any period of time.
16. Indemnity. Upon request of BookTennis.net, you shall defend, indemnify and hold harmless BookTennis.net, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the
BookTennis.net service, including without limitation any violation by you of BookTennis.net's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.
17. Entire Agreement. This agreement constitutes the entire agreement between you and BookTennis.net
with respect to the BookTennis.net service and supersedes all prior agreements between you and BookTennis.net's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
18. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to Legal Department,
info @ booktennis.net; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.
19. Force Majeure. BookTennis.net will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
20. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Massachusetts (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Massachusetts for any action arising out of or relating to your use of the
BookTennis.net service. The federal and state courts of Massachusetts will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.
21. Copyright ©2006 BookTennis.net All rights reserved. This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
22. Copyright Proprietary Information
a. For the purpose of this Agreement, "Proprietary Information" shall include, but not be limited to any information, observation, data, written material, record, document, drawing, photograph, layout, computer program, software, multimedia, firmware, invention, discovery, improvement, development, tool, machine, apparatus, appliance, design, work of authorship, logo, system, promotional idea, customer list, customer need, practice, pricing information, process, test, concept, formula, method, market information, technique, trade secret, product and/or research related to the actual or anticipated research development, products, organization, marketing, advertising, business or finances of Company, its affiliates or related entities.
b. All right, title, and interest of every kind and nature whatsoever in and to the Proprietary Information made, written, discussed, developed, secured, obtained or learned by Participant during the term of the relationship with the Company or the 99 year period immediately following termination of that relationship, shall be the sole and exclusive property of Company for any purpose or use whatsoever, and shall be disclosed promptly by Participant to Company. The covenants set forth in the preceding sentence shall apply regardless of whether any Propriety Information is made, written, discussed, developed, secured, obtained or learned (a) solely or jointly with others, (b) during the usual hours of work or otherwise, (c) at the request and upon the suggestion of Company or otherwise, (d) with Company's materials, tools, instruments, or (e) on Company's premises or otherwise.
c. Nothing contained in this Agreement shall be construed to preclude Company from exercising all of its rights and privileges as sole and exclusive owner of all of the Proprietary Information owned by or assigned to Company under this Agreement. Company, in exercising such rights and privileges with respect to any particular item of Proprietary Information, may decide not to file any patent application or any copyright registration on such Proprietary Information, may decide to maintain such Proprietary Information as secret and confidential, or may decide to abandon such Propriety Information, or dedicate it to the public. Participant shall have no authority to exercise any rights or privileges with respect to the Proprietary Information owned by or assigned to Company under this Agreement.
23. Agreements
a. All agreements between Club Members and Clubs shall not hold BookTennis.net
financially liable or responsible for missed order material, structural failure, permits and fees, workmanship, installation failure, roof failure, water, snow, sun or ice damage or acts of God. Logging on to
BookTennis.net at http://www.BookTennis.net/login.asp will require logging the individual team members to their e-folder. All team members individually will
agree to the terms and conditions. The individual team member logging into the system agrees and accepts complete responsibility and accountability of his or her actions. The person or persons logging onto
BookTennis.net agrees not to file any type of law suit against BookTennis.net for any reason.
©2006 BookTennis.net All rights reserved.
Last Updated August 07, 2007 08:38 PM
EST