Acceptance of Contract Terms

The following are terms of a legal agreement between you and Interactive Sports Media, Inc. (ISM) dba CollegeTennisOnline. By accessing, browsing and/or using this site or registering for ISM services, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this site or ISM services. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This site is controlled and operated by ISM from its offices within the United States. ISM makes no representation that materials in the site are appropriate or available for use in other locations, and access to 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 applicable local laws.

Any claim relating to, and the use of, this site and the materials contained herein is governed by the laws of the state of Washington, United States of America.

Use Restrictions

The copyright in all material provided on this site is held by ISM or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ISM or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without ISM's permission, "mirror" any material contained on this site on any other server. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. Government Restricted Rights

The materials on this site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ISM's proprietary rights in them.

Limitation of Liability

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL ISM OR ITS OWNERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS INDEMNIFY OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, ISM'S SERVICES, GOODS OR CONTENT, INCLUDING, BUT NOT LIMITED TO LIBEL, DEFAMATION, VIOLATION OF PRIVACY OR PUBLICITY RIGHTS, INJURY, THIRD PARTY FRAUD, MISREPRESENTATION, ILLNESS, DEATH, SPOILAGE, FINES, LOST PROFITS, LOST OPPORTUNITY, LOST USE, LOST DATA, OR THOSE DAMAGES THAT OCCUR AS A RESULT OF ERRORS, DEFECTS, DELETION OF FILES, INTERRUPTIONS, OMISSIONS, MISTAKES, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE (WHETHER OR NOT ACTS OF GOD), COMMUNICATION FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO ISM'S PROGRAMS, RECORDS OR SERVICES, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY OR OTHERWISE EVEN IF ISM OR AN ISM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF ISM SERVICES OR THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THESE LIMITATIONS TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE CHARGES WHICH YOU PAID FOR SERVICES TO ISM WITHIN ANY CALENDAR YEAR.

WARRANTY DISCLAIMER

THE INFORMATION PROVIDED ON THIS SITE AND ALL SERVICES ARE PROVIDED "AS IS." ISM MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOR DOES ISM MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES OR GOODS OFFERED BY ISM OR THIRD PARTIES ON THIS SITE OR THE AVAILABILITY, ACCESSIBILITY, OR RELIABILITY OF SERVICES, GOODS OR THE SITE, SITE CONTENT OR RELATED STORAGE OR TRANSMISSION FACILITIES. ISM DOES NOT WARRANT THAT SERVICES WILL BE WITHOUT ERRORS, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. USE OF THE SITE AND ISM GOODS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

Indemnification

You agree to indemnify, hold harmless and defend ISM, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) your use of the services or content provided by ISM; and (b) any illegal or improper use of said services or content.

Site Postings

Much of the material posted on this site is provided by third party colleges and individuals. Accordingly, ISM is unable and does not monitor the truth or accuracy of such content and you agree that ISM shall not be liable for any damages resulting from any such material. Any material, information or idea you transmit to or post on this site and all personal data provided to ISM will be handled in accordance with ISM's online Privacy Policy. You are prohibited from posting or transmitting to or from this site any false, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. For any content which you upload to our servers for public display, you grant (or warrant that the owner grants) ISM the world-wide, royalty-free right to exercise all intellectual property rights for displaying, operating and reproducing such materials on the Internet. You agree that ISM, at its sole discretion, has the right to screen, modify, reject, or remove any material, or portion thereof, uploaded to our servers that infringes our, or any third party intellectual property or other proprietary rights, violates this agreement or our other policies or is otherwise objectionable. ISM reserves the right to disclose who posted material to our web site as necessary to satisfy any applicable law, regulation, legal process or governmental request. You agree not to transmit or upload any material that contains viruses, worms, Trojan Horses, time bombs, cancelbots, or anything of a like nature. You agree not to damage, disable, overburden or impair any ISM server or the network(s) connected to any ISM server, or damage any data on such servers or interfere with any other party’s use and enjoyment of any portion of the site. You agree not to use the Services to violate any local, state or national law, including, but not limited to, export laws. You agree not to attempt to gain unauthorized access to the services or others' accounts or take any action that might disrupt services.

User Name and Password

If you are assigned a user name and password, you are solely responsible for maintaining their confidentiality. In addition, all activities that occur in your account are your responsibility, including without limitation, all charges incurred from use of your user name and password.

Transmissions and Accessibility

You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. From time to time the site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ISM may undertake from time to time; or (iii) causes beyond the control of ISM or which are not reasonably foreseeable by ISM.

Storage Limitations

The amount of storage space per registered account is limited. As a result, some information may not be processed due to space constraints. ISM is not responsible or liable for failure to store, or deletion of, information.

Termination

ISM reserves the right, in its sole discretion, to terminate access to the Site and other services in the event of your breach of the terms of this Agreement or other terms on this site and to remove, suspend or disable access to all or any portion of the services. In the event of termination, whether or not for breach, ISM is authorized to delete any and all of your data on its servers and shall have no liability therefor. ISM RESERVES THE RIGHT TO REFUND PAYMENTS AND CEASE OFFERING ALL SERVICES.

Term of Use Revisions

ISM may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Miscellaneous

No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ISM.

Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

Law. This Agreement is made in and shall be go

Dispute Resolution. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against ISM, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "ISM") arising out of or relating to this Agreement, ISM's services or goods (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before one independent and impartial arbitrator, mutually agreed upon by the parties. The arbitration hearing shall take place in Seattle, Washington, USA and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the Western District of Washington would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.verned by the laws of the State of Washington without reference to conflicts of laws. Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including this paragraph.

Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Washington. Subject to the dispute resolution provisions of this Agreement, the parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Washington. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Washington and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Washington.

Attorney's Fees. If a suit in law or in equity, is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

Entire Agreement. This Agreement, together with the Privacy Policy and Registration Agreement, if any, constitute the complete and exclusive statement of the agreement between the parties with respect to the use of this site and any acts or omissions of ISM and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

Reservation of Rights. Any rights not expressly granted herein are reserved by ISM.

Non Assignment. You may not assign your rights hereunder to any third party and any attempt to do so shall be void.

Copyright and Trademark Notices

All contents of this site, not otherwise identified, are: Copyright © 2002-3 Interactive Sports Media, Inc. CollegeTennisOnline is a trademark of Interactive Sports Media, Inc.