NIHOA Metro NY/NJ

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NIHOA Metro NY/NJ

NIHOA Metro NY/NJNIHOA Metro NY/NJNIHOA Metro NY/NJ
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Terms of Use

  

Site Terms and Conditions of Use

1. User’s Acknowledgment and Acceptance of Terms

NIHOA Metro NY/NJ (“Us” or “We”) provides the NIHOA Metro NY/NJ site  and various related services (collectively, the “site”) to you, the  user, subject to your compliance with all the terms, conditions, and  notices contained or referenced herein (the “Terms of Use”), as well as  any other written agreement between us and you. In addition, when using  particular services or materials on this site, users shall be subject to  any posted rules applicable to such services or materials that may  contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into  these Terms of Use.

These Terms of Use are effective as of 1/1/2006. We expressly reserve  the right to change these Terms of Use from time to time without notice  to you. You acknowledge and agree that it is your responsibility to  review this site and these Terms of Use from time to time and to  familiarize yourself with any modifications. Your continued use of this  site after such modifications will constitute acknowledgement of the  modified Terms of Use and agreement to abide and be bound by the  modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include  our owners, subsidiaries, affiliated companies, officers, directors,  suppliers, partners, sponsors, and advertisers, and includes (without  limitation) all parties involved in creating, producing, and/or  delivering this site and/or its contents.

2. Description of Services

We make various services available on this site including, but not  limited to, The Metropolitan New York – New Jersey Chapter of the  National Ice Hockey Officials Association is a charter member chapter of  NIHOA founded in 1957. The chapter provides ice hockey officials to  High School and College ice hockey leagues in the New York – New Jersey  metropolitan area., and other like services. You are responsible for  providing, at your own expense, all equipment necessary to use the  services, including a computer, modem, and Internet access (including  payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site,  including any of the site’s features, at any time with or without notice  to you. We will not be liable to you or any third party should we  exercise such right. Any new features that augment or enhance the  then-current services on this site shall also be subject to these Terms  of Use.

3. Conduct on Site

Your use of the site is subject to all applicable laws and  regulations, and you are solely responsible for the substance of your  communications through the site. By posting information in or otherwise  using any communications service, chat room, message board, newsgroup,  software library, or other interactive service that may be available to  you on or through this site, you agree that you will not upload, share,  post, or otherwise distribute or facilitate distribution of any content —  including text, communications, software, images, sounds, data, or  other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory,  libelous, deceptive, fraudulent, invasive of another’s privacy,  tortious, contains explicit or graphic descriptions or accounts of  sexual acts (including but not limited to sexual language of a violent  or threatening nature directed at another individual or group of  individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or  group of individuals on the basis of religion, gender, sexual  orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk  email (also known as “spamming”), chain letters, any other form of  unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or  programs that are designed or intended to disrupt, damage, or limit the  functioning of any software, hardware, or telecommunications equipment  or to damage or obtain unauthorized access to any data or other  information of any third party; or

f. impersonates any person or entity, including any of our members or representatives.

We neither endorse nor assume any liability for the contents of any  material uploaded or submitted by third party users of the site. We  generally do not pre-screen, monitor, or edit the content posted by  users of communications services, chat rooms, message boards,  newsgroups, software libraries, or other interactive services that may  be available on or through this site. However, we and our agents have  the right at their sole discretion to remove any content that, in our  judgment, does not comply with these Terms of Use and any other rules of  user conduct for our site, or is otherwise harmful, objectionable, or  inaccurate. We are not responsible for any failure or delay in removing  such content. You hereby consent to such removal and waive any claim  against us arising out of such removal of content. See “Use of Your  Materials” below for a description of the procedures to be followed in  the event that any party believes that content posted on this site  infringes on any patent, trademark, trade secret, copyright, right of  publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of  another account or attempt to gain unauthorized access to another  network or server. Not all areas of the site may be available to you or  other authorized users of the site. You shall not interfere with anyone  else’s use and enjoyment of the site or other similar services. Users  who violate systems or network security may incur criminal or civil  liability.

You agree that we may at any time, and at our sole discretion,  terminate your membership, account, or other affiliation with our site  without prior notice to you for violating any of the above provisions.  In addition, you acknowledge that we will cooperate fully with  investigations of violations of systems or network security at other  sites, including cooperating with law enforcement authorities in  investigating suspected criminal violations.

4. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise  include references to information, documents, software, materials and/or  services provided by other parties. These sites may contain information  or material that some people may find inappropriate or offensive. These  other sites and parties are not under our control, and you acknowledge  that we are not responsible for the accuracy, copyright compliance,  legality, decency, or any other aspect of the content of such sites, nor  are we responsible for errors or omissions in any references to other  parties or their products and services. The inclusion of such a link or  reference is provided merely as a convenience and does not imply  endorsement of, or association with, the site or party by us, or any  warranty of any kind, either express or implied.

5. Intellectual Property Information

Copyright (c) 2005-2015 NIHOA Metro NY/NJ All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any  information, data, communications, software, photos, video, graphics,  music, sounds, and other material and services that can be viewed by  users on our site. This includes message boards, chat, and other  original content.

By accepting these Terms of Use, you acknowledge and agree that all  content presented to you on this site is protected by copyrights,  trademarks, service marks, patents or other proprietary rights and laws,  and is the sole property of NIHOA Metro NY/NJ and/or its Affiliates.  You are only permitted to use the content as expressly authorized by us  or the specific content provider. Except for a single copy made for  personal use only, you may not copy, reproduce, modify, republish,  upload, post, transmit, or distribute any documents or information from  this site in any form or by any means without prior written permission  from us or the specific content provider, and you are solely responsible  for obtaining permission before reusing any copyrighted material that  is available on this site. Any unauthorized use of the materials  appearing on this site may violate copyright, trademark and other  applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of  materials displayed on, or obtained through, this site will not infringe  the rights of third parties. See “User’s Materials” below for a  description of the procedures to be followed in the event that any party  believes that content posted on this site infringes on any patent,  trademark, trade secret, copyright, right of publicity, or other  proprietary right of any party.

All custom graphics, icons, logos and service names are registered  trademarks, trademarks or service marks of NIHOA Metro NY/NJ or its  Affiliates. All other trademarks or service marks are property of their  respective owners. Nothing in these Terms of Use grants you any right to  use any trademark, service mark, logo, and/or the name of NIHOA Metro  NY/NJ or its Affiliates.

6. Unauthorized Use of Materials

Subject to our Privacy Policy,  any communication or material that you transmit to this site or to us,  whether by electronic mail, post, or other means, for any reason, will  be treated as non-confidential and non-proprietary. While you retain all  rights in such communications or material, you grant us and our agents  and affiliates a non-exclusive, paid-up, perpetual, and worldwide right  to copy, distribute, display, perform, publish, translate, adapt,  modify, and otherwise use such material for any purpose regardless of  the form or medium (now known or not currently known) in which it is  used.

Please do not submit confidential or proprietary information to us  unless we have mutually agreed in writing otherwise. We are also unable  to accept your unsolicited ideas or proposals, so please do not submit  them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do  the same. If you or any user of this site believes its copyright,  trademark or other property rights have been infringed by a posting on  this site, you or the user should send notification to our Designated  Agent (as identified below) immediately. To be effective, the  notification must include:

1. Identify in sufficient detail the copyrighted work that you  believe has been infringed upon or other information sufficient to  specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to  notify the owner/administrator of the allegedly infringing webpage or  other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that  use of the copyrighted materials described above as allegedly infringing  is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of  perjury, that the information in the notification is accurate and that I  am the copyright owner or am authorized to act on behalf of the owner  of an exclusive right that is allegedly infringed.”

7. Contact us via the Contact form on http://www.nihoametro.org

You acknowledge and agree that upon receipt of a notice of a claim of  copyright infringement, we may immediately remove the identified  materials from our site without liability to you or any other party and  that the claims of the complaining party and the party that originally  posted the materials will be referred to the United States Copyright  Office for adjudication as provided in the Digital Millennium Copyright  Act.

7. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS”  AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF  NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY  THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE  SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR  ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE  SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D)  THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR  OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR  EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR  TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES  AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS  LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT  THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH  MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF  ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK  AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY  DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH  ACTIVITIES.

Through your use of the site, you may have the opportunities to  engage in commercial transactions with other users and vendors. You  acknowledge that all transactions relating to any merchandise or  services offered by any party, including, but not limited to the  purchase terms, payment terms, warranties, guarantees, maintenance and  delivery terms relating to such transactions, are agreed to solely  between the seller or purchaser of such merchandize and services and  you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR  IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH  TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT  IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR  INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS  PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR  AFFILIATES.

Content available through this site often represents the opinions and  judgments of an information provider, site user, or other person or  entity not connected with us. We do not endorse, nor are we responsible  for the accuracy or reliability of, any opinion, advice, or statement  made by anyone other than an authorized NIHOA Metro NY/NJ spokesperson  speaking in his/her official capacity. Please refer to the specific  editorial policies posted on various sections of this site for further  information, which policies are incorporated by reference into these  Terms of Use.

You understand and agree that temporary interruptions of the services  available through this site may occur as normal events. You further  understand and agree that we have no control over third party networks  you may access in the course of the use of this site, and therefore,  delays and disruption of other network transmissions are completely  beyond our control.

You understand and agree that the services available on this site are  provided “AS IS” and that we assume no responsibility for the  timeliness, deletion, mis-delivery or failure to store any user  communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN  WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD  PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL  DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT  LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER  OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON  ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF  THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND  SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING  COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION  THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY  FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY  NOT APPLY TO YOU.

9. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and  our Affiliates harmless from all liabilities, claims, and expenses,  including attorney’s fees, that arise from your use or misuse of this  site. We reserve the right, at our own expense, to assume the exclusive  defense and control of any matter otherwise subject to indemnification  by you, in which event you will cooperate with us in asserting any  available defenses.

10. Security and Password

You are solely responsible for maintaining the confidentiality of  your password and account and for any and all statements made and acts  or omissions that occur through the use of your password and account.  Therefore, you must take steps to ensure that others do not gain access  to your password and account. Our personnel will never ask you for your  password. You may not transfer or share your account with anyone, and we  reserve the right to immediately terminate your account if you do  transfer or share your account.

11. Participation in Promotions

From time to time, this site may include advertisements offered by  third parties. You may enter into correspondence with or participate in  promotions of the advertisers showing their products on this site. Any  such correspondence or promotions, including the delivery of and the  payment for goods and services, and any other terms, conditions,  warranties or representations associated with such correspondence or  promotions, are solely between you and the advertiser. We assume no  liability, obligation or responsibility for any part of any such  correspondence or promotion.

12. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services  (collectively, “Communications”) available to users of our site, either  directly or through a third-party provider. We make available separate  supplemental agreements characterizing the relationship between you and  us that, except where expressly noted or contradictory, includes these  Terms.

We will not inspect or disclose the contents of private  Communications except with the consent of the sender or the recipient,  or in the narrowly-defined situations provided under the Electronic  Communications Privacy Act, or as other required by law or by court or  governmental order. Further information is available in our Privacy  Policy.

We may employ automated monitoring devices or techniques to protect  our users from mass unsolicited communications (also known as “spam”)  and/or other types of electronic communications that we deem  inconsistent with our business purposes. However, such devices or  techniques are not perfect, and we will not be responsible for any  legitimate communication that is blocked, or for any unsolicited  communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the  maximum permitted storage space, we may employ automated devices that  delete or block email messages that exceed the limit. We will not be  responsible for such deleted or blocked messages.

13. International Use

Although this site may be accessible worldwide, we make no  representation that materials on this site are appropriate or available  for use in locations outside the United States, and accessing them from  territories where their contents are illegal is prohibited. Those who  choose to access this site from other locations do so on their own  initiative and are responsible for compliance with local laws. Any offer  for any product, service, and/or information made in connection with  this site is void where prohibited.

14. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend  your access to all or part of the site with or without notice and for  any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds  for terminating your relationship and may be referred to appropriate law  enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore,  your right to use the services available on this site immediately  ceases, and you acknowledge and agree that we may immediately deactivate  or delete your account and all related information and files in your  account and/or bar any further access to such files or this site. We  shall not be liable to you or any third party for any claims or damages  arising out of any termination or suspension or any other actions taken  by us in connection with such termination or suspension.

15. Governing Law

This site (excluding any linked sites) is controlled by us from the  State of New Jersey, United States of America. It can be accessed from  all 50 states, as well as from other countries around the world. As each  of these places has laws that may differ from those of NJ, by accessing  this site both of us agree that the statutes and laws of the State of  NJ, without regard to the conflicts of laws principles thereof and the  United Nations Convention on the International Sales of Goods, will  apply to all matters relating to the use of this site and the purchase  of products and services available through this site. Each of us agrees  and hereby submits to the exclusive personal jurisdiction and venue any  court of competent jurisdiction within the State of NJ with respect to  such matters.

16. Notices

All notices to a party shall be in writing and shall be made either  via email or conventional mail. Notices to us must be sent to the  attention of admin@nihoametro.org, if by email, or at NIHOA Metro NY/NJ  New Jersey/New York if by conventional mail. We may broadcast notices or  messages through the site to inform you of changes to the site or other  matters of importance, and such broadcasts shall constitute notice to  you at the time of sending.

17. Entire Agreement

These terms and conditions constitute the entire agreement and  understanding between us concerning the subject matter of this agreement  and supersedes all prior agreements and understandings of the parties  with respect to that subject matter. These Terms of Use may not be  altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an  order for products or services which are subject to additional or  altered terms and conditions shall be null and void, unless otherwise  agreed to in a written agreement signed by you and us. To the extent  that anything in or associated with this site is in conflict or  inconsistent with these Terms of Use, these Terms of Use shall take  precedence.

18. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party  will be entitled to costs and attorneys’ fees. Any cause of action  brought by you against us or our Affiliates must be instituted with one  year after the cause of action arises or be deemed forever waived and  barred.

You may not assign your rights and obligations under these Terms of  Use to any party, and any purported attempt to do so will be null and  void. We may free assign our rights and obligations under these Terms of  Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for  any commercial purposes any portion of this site, or use of or access to  this site.

In addition to any excuse provided by applicable law, we shall be  excused from liability for non-delivery or delay in delivery of products  and services available through our site arising from any event beyond  our reasonable control, whether or not foreseeable by either party,  including but not limited to, labor disturbance, war, fire, accident,  adverse weather, inability to secure transportation, governmental act or  regulation, and other causes or events beyond our reasonable control,  whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable,  that portion shall be construed in a manner consistent with applicable  law to reflect, as nearly as possible, the original intentions of the  parties, and the remaining portions shall remain in full force and  effect.

Any failure by us to enforce or exercise any provision of these Terms  of Use or related rights shall not constitute a waiver of that right or  provision.

19. Contact Information

Except as explicitly noted on this site, the services available  through this site are offered by NIHOA Metro NY/NJ. If you notice that  any user is violating these Terms of Use, please contact us at  contact@nihoametro.org.

Copyright © 2020 NIHOA Metro NY/NJ - All Rights Reserved.

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