Terms of service
Effective as of January 1, 2024
THE FOLLOWING TERMS AND CONDITIONS SET FORTH A LEGALLY BINDING AGREEMENT CONCERNING YOUR USE OF THIS WEBSITE AND MOBILE APP. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
I. Introduction & ACCEPTANCE OF TERMS
Welcome to the VETSports app (the “Website and mobile app and mobile app”). The Website and mobile app and application provides a forum for veterans to meet each other, get active by creating or joining events, and discover what other veterans are doing across the country. The Website and mobile app and mobile app is operated by VETSports, Inc. (“VETSports”).
If you wish to register (and thereby become a “Member”) and make use of the Website and mobile app and app, you must carefully read and accept these Terms & Conditions (the “Terms”), as they constitute a written legal agreement between you and VETSports, and they affect your legal rights and obligations. The Terms include, among other things, Website and mobile app rules and policies and your obligations concerning use of the Website and mobile app. If you do not agree to any of the Terms, please do not register to become a Member. By becoming a Member, you agree to be bound by the Terms.
Additionally, the Terms hereby incorporate by reference VETSports’ Privacy Policy. By agreeing to be bound by the Terms, you are also agreeing that you understand and accept the terms of the Privacy Policy.
The Terms may be modified by VETSports from time to time, such modifications (hereinafter “Additional Terms”) to be effective upon posting by VETSports on the Website and mobile app and mobile app.
II. ELIGIBILITY
In order to become a Member, you must be at least eighteen (18) years of age and a veteran or transitioning service member of a branch of the United States Military. You may also be a spouse of a Veteran or active first responder. By becoming a Member, you are also representing and warranting that (1) you have the right, authority and capacity to agree to the Terms, (2) you will abide by all of the Terms, and (3) you have never been convicted of a felony, Court Marshaled, received a dishonorable discharge, or been required to register as a sex offender with any government entity.
III. WEBSITE AND MOBILE APP CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS
A. Content. The Website and mobile app and app contains a variety of: (1) materials and other items relating to VETSports and its activities and services, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website and mobile app, and the compilation, assembly, and arrangement of the materials of the Website and mobile app and any and all copyrightable material; (2) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of VETSports (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Website and mobile app (including past, present, and future versions) and the Content are owned or controlled by VETSports and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Website and mobile app is the property of VETSports or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. VETSports owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website and mobile app.
C. Limited License. Subject to your strict compliance with these Terms, VETSports grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (1) download (temporary storage only), display, view, use, play, and/or print the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only, and (2) to use certain Content that we may from time to time make available on the Website and mobile app explicitly for you for use as part of your User-Generated Content (defined below) (“VETSports’ Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the VETSports Licensed Elements are made available on the Website and mobile app; but VETSports and our licensors and certain other third parties, as the case may be, retain ownership of such VETSports Licensed Elements. The foregoing limited license (1) does not give you any ownership of, or any other intellectual property interest in, any Content, and (2) may be immediately suspended or terminated for any reason, in VETSports’ sole discretion, and without advance notice or liability.
D. Reliance on Content. VETSports will attempt to make sure that all information is as accurate as possible. However, events, opinions, advice, statements, offers, or other information or content made available through the Website and mobile app are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. VETSports does not: (1) guarantee the accuracy, completeness, or usefulness of any information on the Website and mobile app, or (2) endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and mobile app. Under no circumstances will VETSports or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and mobile app or transmitted to or by any Members.
E. Rights of Others. In using the Website and mobile app, you must respect the intellectual property and other rights of VETSports and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
IV. Content SUBMITTED BY MEMBERS & USE RESTRICTIONS
A. User-Generated Content
(1) General. VETSports may now or in the future offer users of the Website and mobile app the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website and mobile app messages, avatars, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding VETSports Licensed Elements included therein, “User-Generated Content”). VETSports may do this through forums, blogs, message boards, social networking environments, content, creation tools, gameplay, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
(2) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in these Terms and any Additional Terms, and as set forth in VETSports Privacy Policy, you agree that (1) your User-Generated Content will be treated as non-confidential, regardless of whether you mark them “confidential,” “proprietary,” or the like, and (2) VETSports does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon VETSports’ request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.
In your communications with VETSports please keep in mind that VETSports does not seek any unsolicited ideas or materials for products or services (“Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Website and mobile app are deemed User-Generated Content and licensed to us as set forth below. In addition, VETSports retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. VETSports’ receipt of your Unsolicited Ideas and Materials is not an admission by VETSports of their novelty, priority, or originality, and it does not impair VETSports’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(3) License to VETSports of Your User-Generated Content. Except as otherwise described in any Additional Terms which govern the submission of your User-Generated Content and in accordance with VETSports’ Privacy Policy, you hereby grant to VETSports the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to VETSports to your User-Generated Content, you also hereby grant to VETSports, and agree to grant to VETSports, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this paragraph.
(4) VETSports’ Exclusive Right to Manage our Venue. VETSports may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and VETSports may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or the Terms or any applicable additional terms. Such User-Generated Content submitted by you or others need not be maintained on the Website and mobile app by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website and mobile app or elsewhere.
(5) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant VETSports the rights to it that you are granting by these Terms, all without any VETSports obligation to obtain consent of any third party and without creating any obligation or liability of VETSports; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to VETSports’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules set forth in Section V below) or any additional terms, or cause injury or harm to any person.
B. Other Restrictions Concerning the Website and mobile app
(1) Website and mobile app Use Restrictions. You agree that you will not (i) use the Website and mobile app for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any VETSports Trademarks; (iii) engage in any activities through or in connection with the Website and mobile app that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to VETSports; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website and mobile app source or object code or any software or other products, services, or processes accessible through any portion of the Website and mobile app; (v) engage in any activity that interferes with a user’s access to the Website and mobile app or the proper operation of the Website and mobile app, or otherwise causes harm to the Website and mobile app, VETSports, or other users of the Website and mobile app; (vi) interfere with or circumvent any security feature of the Website and mobile app or any feature that restricts or enforces limitations on use of or access to the Website and mobile app, the Content, or the User-Generated Content; or (vii) otherwise violate these Terms.
(2) Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any VETSports Licensed Elements): (i) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine activity or use of a standard browser) on the Website and mobile app by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the VETSports Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or Website and mobile app, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any additional terms or with the prior written consent of an officer of VETSports or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
(3) Availability of Website and mobile app and Content. VETSports may immediately suspend or terminate the availability of the Website and mobile app (and any elements and features of the Website and mobile app) for any reason, in VETSports’ sole discretion, and without advance notice or liability.
(4) Reservation of All Rights Not Granted as to Content and Website and mobile app. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website and mobile app. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by VETSports and its licensors and other third parties. Any unauthorized use of any Content or the Website and mobile app for any purpose is prohibited.
C. Procedure for Alleging Copyright Infringement
(1) DMCA Notice. VETSports will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website and mobile app, then you may send us a written notice that includes all of the following:
(a) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(b) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website and mobile app on which the material appears);
(d) your full name, address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(g) your electronic or physical signature.
VETSports will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
By Mail: 9 Bich Road, West Hartford, CT 06119
By E-Mail: the_toc@vetsports.org
(2) Effect of DMCA Notices. VETSports may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and VETSports may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. VETSports may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting VETSports’ other rights, VETSports may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and mobile app and any other Website and mobile app owned or operated by VETSports.
V. STANDARDS AND RULES GOVERNING USE OF THE WEBSITE AND MOBILE APP
Your use of the Website and mobile app is subject to the following rules and standards (the “Rules”):
A. Only Post Appropriate Content. Be respectful of others’ opinions and comments so we can continue to build a forum for all Members to enjoy and benefit from. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it does not belong on the Website and mobile app. Do not post on the Website and mobile app, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Do not provide inaccurate, misleading or false information to VETSports or to any other Member.
B. No Commercial or Political Activities. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. The prohibition on engaging in commercial activities includes sales activities and advertising to or solicitation of other Member, such as soliciting or advertising to buy or sell any products or services through the Website and mobile app or to attend parties or other social functions or networking events for commercial purposes.
C. Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by VETSports.
D. Affiliations with VETSports. Do not express or imply that any statements you make are endorsed by VETSports without VETSports’ specific prior written consent.
E. Use of Proprietary Information. Do not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. Do not use any User-Generated Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to VETSports. For example, if someone has taken a picture of you and your friend, and you submit that photo to the Website and mobile app as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
VI. YOUR INTERACTION WITH OTHER USERS; DISPUTES
You are solely responsible for your interaction with Members and other users of the Website and mobile app, whether online or offline. VETSports is not responsible or liable for the conduct or content of any user of the Website and mobile app or Member. VETSports reserves the right, but has no obligation, to monitor or become involved in disputes between Members. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
By agreeing to these Terms, you acknowledge that you understand that VETSports currently does not conduct criminal background checks on its Members. VETSports does also not inquire into the background of all of its Members or attempt to verify the statements made by its Members. VETSports makes no representations or warranties as to the conduct of Members with any current or future Members. VETSports reserves the right to conduct any criminal background checks or other screenings at any time and using available public records.
VII. Opening and Terminating Accounts
In order to access or use some (or potentially all) of the features on the Website and mobile app, you must first register through our online registration process. You hereby agree to provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of the Website and mobile app using your name, username, or password. You will immediately notify VETSports of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.
If any information that you provide, or if VETSports has reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then VETSports may suspend or terminate your account. VETSports also reserves the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in VETSports’ sole discretion, for any reason, and without advance notice or liability.
VIII. Linked-To Website and mobile apps; Advertisements; Dealings with Third Parties
A. Linked Sites; Advertisements. The Website and mobile app may contain links, as part of third-party ads on the Website and mobile app or otherwise, to or from third-party Website and mobile apps (“Linked Sites”), including Website and mobile apps operated by advertisers, licensors, licensees, and certain other third parties who may have business or other relationships with VETSports. VETSports may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and VETSports does not assume any obligation to review any Linked Sites. VETSports does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, VETSports is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, VETSports will under no circumstances be responsible or liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Sites. VETSports disclaims all liability in connection therewith.
B. Dealings with Third Parties. We hope that you will use the Website and mobile app to exchange information and content and have discussions with other Members. However, please remember that the Website and mobile app is a public forum and User-Generated Content that you submit on the Website and mobile app may be accessible and viewable by other users and/or Members. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Website and mobile app spaces and take care when disclosing this type of information to others in any manner.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Website and mobile app (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). VETSports disclaims all liability in connection therewith. You agree to take reasonable precautions in all interactions with other Members, especially if you decide to meet in person.
As set forth above, you should not provide your financial information (such as credit card information) to another Members. VETSports does not request any type of payment for events established or organized through the Website and mobile app that are not established by an official Regional Coordinator or other authorized official of VETSports. Events that may have costs associated with them would be paid directly to vendors where the event is occurring or to someone else pursuant to a separate agreement related to an event. (For example, playing a round of golf with another Members set up through the Website and mobile app would mean that the Member(s) pay the golf course directly.)
IX. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
A. YOUR ACCESS TO AND USE OF THE WEBSITE AND MOBILE APP IS AT YOUR SOLE RISK.
B. THE WEBSITE AND MOBILE APP IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, VETSports and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (“VETSports Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (1) the Website and mobile app (including the Content and the User-Generated Content); (2) the functions, features, or any other elements on, or made accessible through, the Website and mobile app; (3) any products, services, or instructions offered or referenced at or linked through the Website and mobile app; (4) security associated with the transmission of your User-Generated Content to VETSports or via the Website and mobile app; (5) whether the Website and mobile app or the servers that make the Website and mobile app available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device); (6) whether the information (including any instructions) on the Website and mobile app is accurate, complete, correct, adequate, useful, timely, or reliable; (7) whether any defects to the Website and mobile app will be repaired; and (8) whether your use of the Website and mobile app is lawful in any particular jurisdiction.
C. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A VETSPORTS PARTY, VETSPORTS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
X. LIMITATIONS OF LIABILITY OF VETSPORTS PARTIES
UNDER NO CIRCUMSTANCES WILL ANY VETSPORTS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to (a) the Website and mobile app (including the Content and the User-Generated Content); (b) ANY ACTIVITIES THAT YOU BECOME INVOLVED IN OR PARTICIPATE IN AS A RESULT OF YOUR USE OF THE WEBSITE AND MOBILE APP, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, ACTIVITIES, OR MEETINGS WITH OTHER REGISTERED USERS OR MEMBERS OR PERSONS YOU MEET THROUGH THE WEBSITE AND MOBILE APP; (c) your use of or inability to use the Website and mobile app, or the performance of the Website and mobile app; (d) any action taken in connection with an investigation by VETSports Parties or law enforcement authorities regarding your access to or use of the Website and mobile app; (e) any action taken in connection with copyright or other intellectual property owners or other rights owners; (f) any errors or omissions in the Website and mobile app’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
XI. OTHER GENERAL PROVISIONS
A. Updates to Terms. VETSports reserves the right to prospectively modify these Terms and any Additional Terms (“Updated Terms”). You agree that VETSports may notify you of the Updated Terms by posting them on the Website and mobile app so that they are accessible via a link on the Website and mobile app, and that your use of the Website and mobile app after we post the Updated Terms (or otherwise reasonably notify you) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that VETSports posts them on the home page of the Website and mobile app, or such later date as may be specified in them.
B. VETSports’ Consent or Approval. As to any provision in these Terms or any Additional Terms that grants VETSports a right of consent or approval, or permits VETSports to exercise a right in its “sole discretion,” VETSports may exercise that right in its sole and absolute discretion. No VETSports consent or approval may be deemed to have been granted by VETSports without being in a writing signed by an Officer of VETSports.
C. Applicable Law. These Terms and any Additional Terms or Updated Terms will be governed by and construed in accordance with, and any dispute and will be resolved in accordance with, the laws of the State of Maryland, without regard to its conflicts of law provisions.
D. Indemnity. You hereby agree to defend, indemnify, and hold all VETSports Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any VETSports Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (1) your User-Generated Content; (2) your use of the Website and mobile app and your activities in connection with the Website and mobile app; (3) your breach or anticipatory breach of these Terms or any Additional Terms; (4) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Website and mobile app or your activities in connection with the Website and mobile app; (5) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (6) any misrepresentation made by you; and (7) VETSports Parties’ use of the information that you submit to VETSports or the Website and mobile app (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by VETSports Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, VETSports Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. VETSports Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a VETSports Party.
E. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
F. Communications. You consent to receive communications from VETSports electronically. You agree that all agreements, notices, disclosures, and other communications that VETSports provides to you electronically satisfy any legal notice requirements.
G. Assignment. VETSports may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of VETSports.
H. No Waiver. Except as expressly set forth in these Terms or any Additional Terms or Updated Terms, (1) no failure or delay by you or VETSports in exercising any of the rights, powers, or remedies under the Terms will operate as a waiver of that or any other right, power, or remedy, and (2) no waiver or modification of any term of these Terms or any Additional Terms or Updated Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
I. Questions. If you have a question regarding using the Website and mobile app, you may contact VETSports by sending an e-mail to the_toc@vetsports.org. You acknowledge that the provision of support to Members is at VETSports’ sole discretion and that VETSports has no obligation to provide you with customer support of any kind.