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Terms of Use
Welcome to www.thescoutingnews.com, the Internet source for hockey scouting services. By using the www.thescoutingnews.com’s Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you purchase a subscription to the Website. Individuals purchasing subscriptions to the Website shall be known as “Subscribers” and hereby specifically consent to all provisions of this Agreement. All users of the Website who make use of the Website’s service (the “Service”), must read this Agreement. If you object to anything in this Agreement, do not use the Website or the Service. This Agreement is subject to change by thescoutingnews.com at any time, effective upon posting on the Website. Subscriber’s use of the Service after such posting will constitute acceptance by Subscriber of any and all changes to the Agreement.
1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and/or your Subscription to the Service. This Agreement may be modified by www.thescoutingnews.com from time to time, with such modifications to be effective upon posting by www.thescoutingnews.com on the Website. By accessing the Website or becoming a Subscriber, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
b. Electronic Form. By accessing the Website or becoming a Subscriber, you consent to have this Agreement provided to you in electronic form.
3. Attorney’s Fees. Should a Subscriber request a refund from www.thescoutingnews.com, which is denied pursuant to this Agreement, and Subscriber subsequently files a claim against in the courts of the United States or Canada, www.thescoutingnews.com shall be entitled to recover from Subscriber all costs (including reasonable attorney’s fees) associated with defending such a claim.
4. Keeping Membership Current. Subscriber must promptly inform www.thescoutingnews.com of the following:
(a) changes in the expiration date of any credit card used in connection with the service;
(b) changes in home or billing address; and
(c) any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password.
Until www.thescoutingnews.com is notified via e-mail of a breach in security, Subscriber shall remain liable for any unauthorized use of the Services as governed by this Agreement. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Member Accounts. Access to and use of the Service is through a combination of a Subscriber specific username and password. Subscriber has technical difficulties, he/she should consult a local computer technician. Each Subscriber must keep his/her password strictly confidential.
6. Single Device - A Subscriber may only access Website only one device. A subscriber may not access the Website from two devices or share his/her password with any unauthorized third party.
a) Proxy Server. The use of a Proxy Server is prohibited. If a Subscriber is found to use a Proxy Server, his/her subscription will be immediately terminated, with no refund.
b) Logins of www.thescoutingnews.com subscribers shall keep a logs of all devices used - subscriber hereby consents to the keeping of such log.
c) Violation of Device Rule. If Subscriber violates the provisions of the device rule www.thescoutingnews.com reserves the right to charge a $99.99 reconnection/security fee, and Subscriber thereby consents to the posting of his/her name on the front page of the Website under the “Password Violators” section.
7. Release of Passwords/Unauthorized Access. www.thescoutingnews.com will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the service is a breach of this Agreement.
8. Disclaimer of Warranty. No Warranty is made by www.thescoutingnews.com regarding any information, services, or products provided through or in connection with the Service, and, to the maximum extent permitted by law, www.thescoutingnews.com hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose.
9. Ability to Contract. Subscriber hereby warrants and represents that he /she, in all respects is qualified, competent and of legal age to enter into this Agreement. www.thescoutingnews.com is not obligated to monitor the content on the Website
10. Disclosure of Personal Information. www.thescoutingnews.com reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental requirement, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Website, in its discretion, without notice at any time.
11. Editorial Review. www.thescoutingnews.com reserves the right, but is not obligated, to review materials posted to the Website and to remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, www.thescoutingnews.com reserves the right to terminate a Subscriber’s access to any or all of the Website and Services at any time without notice for any reason whatsoever. Further, www.thescoutingnews.com reserves the right to terminate or change any part of the Website at any time.
12. Waiver of Liability/Limitation of Remedy. www.thescoutingnews.com, its principles, members, sponsors and affiliates, shall not be liable for any damages whatsoever, including but not limited to loss or disclosure of information, data, revenue, accounts or business that occurs in connection with Subscriber’s use of the Website and/or Service. www.thescoutingnews.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of this Website or such products or Services. Without limiting the foregoing, www.thescoutingnews.com AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. www.thescoutingnews.com AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL www.thescoutingnews.com AND/OR ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF www.thescoutingnews.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ITS RELATED SERVICES.
13. Indemnity. Subscriber hereby agrees to defend, indemnify and hold www.thescoutingnews.com, its principles, employees, officers, directors, suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from Subscriber’s violation of this Agreement, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Subscriber’s relationship with www.thescoutingnews.com.
14. Private Use of Material. The material contained on the Website (“Material”) is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Subscriber acknowledges that www.thescoutingnews.com and its publishing partners spend a great deal of time and money to obtain the information appearing on the Website. Subscriber hereby agrees that he/she will not copy, publish, or in any way make available publicly or privately, any news, pictures, interviews, features, or any other information from the Website, without express written permission from www.thescoutingnews.com. Any such unauthorized of the Material by Subscriber shall constitute a violation of state and federal copyright and intellectual property laws, resulting in the immediate termination of subscription, and prosecution by www.thescoutingnews.com to the fullest extent of the law.
15. Subscription Periods. Subscriptions to the Website are automatically renewed. The Scouting News requires tens day cancellation notice prior to the next billing date for any package sold. Lifetime memberships expire at the end of a four year term. Canadian - USA Junior careers begin at 16, and end at 19 (with select players playing an overage year). As such, memberships are not extended beyond that point as four years service represent a typical Junior hockey career lifetime term.
16. Privacy Policy. The Privacy Policy shall constitute part of this Agreement and shall be deemed to be incorporated herein by reference in its entirety and made a part hereof, as if set out in full.
17. Refund Policy – no refunds for any reason.