BowlerExpress - Terms of Use

bowlerexpress.com
Terms and Conditions of Use

Introduction

Welcome to www.bowlerexpress.com. This site is owned by Computer Sports Systems, Inc (CSS).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. If you do not agree to these Terms and Conditions of Use, please do not use this site. Computer Sports Systems reserves the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms and Conditions of Use at any time. Please check these Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms and Conditions of Use means you accept those changes.

CONTENT AND OWNERSHIP

All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of CSS or its content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of CSS and is protected by the laws of the United States and other countries and international treaties. BowlerExpress and other marks indicated on the site are registered trademarks of CSS in the United States. All other trademarks that are not owned by CSS that appear on this site are the property of their respective owners, which may or may not be affiliated with CSS. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of CSS and/or other parties is granted to or conferred upon you.

LICENSE AND USE OF INFORMATION

CSS grants you a limited license to access and make personal, non-commercial (except as intended for an individual bowling center or chain) use of this site. You are not permitted to frame, link to any page within, or modify all or part of the site without the express written consent of CSS. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents (including, without limitation, software, text, graphics, and any member or account information) may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose, except as intended for individual bowling center or chain use, without the prior express written consent of CSS. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

DISRUPTION OF SERVICE

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Web pages or the content contained herein, without the prior express written consent from CSS (such consent is deemed given for standard search engine technology employed by Internet search Web sites to direct Internet users to this site).

ACCOUNT INFORMATION

If you use this site, you are responsible for maintaining the confidentiality of membership and account data available to you, including, but not limited to, credit card information, usernames, passwords, email addresses, mailing addresses, telephone numbers and other data that may be accessible from this site ("Account Information") and for restricting access to your computer, and you agree that you are responsible for all activity that occurs under or with the use of your access to this site. CSS reserves the right in its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content, and cancel orders or requests for materials made through the site.

USE OF SUBMITTED DATA

Any information or materials you transmit, upload or otherwise submit to this site (including, without limitation, bowling center data, bowler data, account information, comments, reviews, or email messages), shall be collectively referred to as "Submitted Data." If you transmit or otherwise deliver Submitted Data to CSS, you grant CSS a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license to use such data, or incorporate such Submitted Data into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. Such data will be used by CSS solely for the purpose of contacting site members concerning products or services which CSS, in its sole discretion, deems may be of interest to such members. Such usage of Submitted Data by CSS shall be without compensation to the provider of the Submitted Data. In no circumstances will the Submitted Data be made available to third parties, but CSS may act as a representative for third parties to disseminate information, either electronically or otherwise, on their behalf.

You hereby agree and represent to CSS that you own or have been granted the necessary intellectual property and other rights in the Submitted Data (including, without limitation, a waiver of any applicable moral rights) to grant such license to CSS, that no such Submitted Data are, or shall be, subject to any obligation of confidence on the part of CSS.

EMAIL ADDRESSES

Since email addresses are Submitted Data, they are never disclosed to third parties. However, as noted above, CSS may act as an agent for third parties and promote products and services on their behalf via email.

By becoming a member of this site and accessing it with a username and password, you agree to provide a valid email address and accept emails directly from CSS or from CSS on behalf of their authorized partners. Failure to provide a valid email address, or if you unsubscribe from the email mailings, will be grounds for termination of access to the site as described below. Upon termination, all accumulated points, rewards, or other benefits associated with access to the site will be forfeited. Reinstatement of membership and accumulated rewards and points will be at the sole discretion of CSS.

COMMUNICATIONS TO CSS

With respect to all communications you make to CSS, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and CSS shall have no obligation to protect your communications from disclosure; (b) CSS shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) CSS shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

LINKS TO OTHER SITES

Please exercise discretion while browsing the Internet using this site. You should be aware that while you are on this site, you could be directed to other sites that are beyond our control. There are links to other sites from bowlerexpress.com pages that take you outside of our service. This may include links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. CSS reserves the right to disable links from third party sites to any CSS site. CSS makes no representations concerning the content of sites linked to this site. Consequently, CSS cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site.

DISCLAIMER

THE MATERIALS IN THE BOWLEREPXRESS.COM WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CSS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CSS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CSS explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from this site. CSS cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on this site. CSS does not endorse any of the merchandise (if any) except as expressly provided, nor has CSS taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. CSS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. CSS strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

CREDIT CARDS

CSS may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with CSS. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, CSS does not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, CSS employs the industry-standard Secure Sockets Layer (SSL) technology. CSS also encrypts your credit card number when stored and whenever CSS transfers that information to participating merchants.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of any Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold CSS, CSS?s subsidiaries and other affiliated companies/organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney?s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this site or of any site linking to this site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CSS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF CSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THIS SITE.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting bowling, bowling equipment, bowling leagues, bowling tournaments and other products and services available in the United States and its territories, possessions and protectorates. CSS makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of this site and destroy all materials (except Submitted Data) obtained from this site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials (except Submitted Data) obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

PRIVACY

If you would like to view the privacy practices that govern this site please see our internet privacy statement posted on this site. If you have any questions about this privacy statement or privacy concerns, please contact us .

GENERAL PROVISIONS

By visiting this site you agree that the Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms and Conditions of Use and the Privacy Policy shall be filed only in the state or federal courts located in Massachusetts, and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement between us relating to the subject matter herein. The Terms and Conditions of Use were last modified on December 1, 2006.