The website hosted at https://baylorbasketball.org/ (the "Website") is owned and operated by Toi Baylor ("we" or "us").
We advise you to read these Terms & Conditions (the "Terms") carefully before using the Website. By accessing and/or using the Website you are deemed to accept and be bound by these Terms, therefore if you do not wish to be bound by these Terms you should not access or use the Website.
1.Access to the Website
1.1 - Whilst we try to ensure that access to the Website is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Website without notice and reserve the right to do so, whether for the purpose of servicing the Website or otherwise. We do not warrant that the Website, or any part of it, will be available at all times, and you acknowledge and accept this. Subject to clause 4, we accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Website or any part of it at any time.
1.2 - We reserve the right to withdraw and/or amend services or content on the Website without notice and we accept no liability, no matter how that may be caused, arising from us doing so.
1.4 - Whilst we endeavor to ensure that all the information included on the Website is correct, up to date and complete, we are not obliged to identify to you any content which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Website or its content, including but not limited to financial information published by us on the Website (such as annual reports or forecast statements), and we accept no liability, no matter how that may be caused, arising from any information which is not correct, up to date, complete, or which has been superseded.
2.Permitted Use and Access
2.1 - You are permitted to use and access the Website on a personal, non-commercial basis. You may not copy or make commercial use of the Website or any of the content including, but not limited to, information, imagery or data from, or underlying, the Website without obtaining our express written permission to do so.
2.2 - You may download and/or print material from the Website for personal, non-commercial use, provided that:
(a) you do not modify any downloaded or printed documents, or any part thereof;
(b) you do not use any graphics from any downloaded or printed documents separately from the corresponding text;
(c) you do not remove copyright, trade mark or other intellectual property notices on any downloaded or printed document, or otherwise act in a way to cause or risk causing infringement, a weakening of, or damage to or our brand, intellectual property or business;
(d) you do not make available or replicate any content, information, imagery or data from, or underlying, the Website and use it in such a way as to cause or risk causing confusion or an association as between you or your activities (or a third party or their activities) and us and our activities, including but not limited to phishing;
(e) you do not use any content, information, imagery or data from, or underlying, the Website in such a way as to cause or risk causing harm or detriment to us or our business, brands or activities;
(f) you do not remove, distort or otherwise alter the size or appearance of any content;
(g) you do not expressly or impliedly state that we endorse or are related to or responsible for any products or services which are not our own;
(h) you do not misrepresent your association or dealings with us;
(i) you do not present, disseminate or make available any false or misleading information about us;
(j) you do not use the material or act in a manner so as to associate or risk associating us with any content which is or might be harmful, including without limitation material which is offensive, threatening, obscene, abusive, discriminatory, defamatory, in breach of confidence, in breach of privacy, infringes any intellectual property rights or other rights of any third party or otherwise does not comply with all applicable laws and regulations; and
(k) you do not use the Website or any of its content, information, imagery or data from, or underlying, the Website, in any manner which is associated with or for the purposes of hosting, disseminating, or propagating malicious software or code, including but not limited to viruses, malicious script, spyware, Trojan Horses or worms.
2.3 Subject always to the same restrictions which are set out in clause 2.2(a)-(k), you may create links to the Website, whether via social networks or otherwise, provided that you do not create a frame, browser or other border environment around the Website.
2.4 You may not misuse the Website, or any information, imagery or data from or underlying it, for or in connection with any unlawful or criminal purpose, including but not limited to hacking, phishing, or other intrusions or attempted intrusions or unlawful use of information or data.
2.5 If you do not comply with your obligations set out in these Terms, or otherwise act in a way which we consider, at our sole and absolute discretion, to be inconsistent with our continued provision of services to you, we may revoke the rights granted to you in clauses 2.1, 2.2 and 2.3, and we reserve the right to take any further action which we consider to be appropriate.
2.6 You indemnify us to the fullest extent possible for any loss or damage suffered by us which arises out of or in connection with a breach by you of clauses 2.1, 2.2 or 2.3.
3.Intellectual Property Rights
3.1 - Unless otherwise specified, we are the owner or licensee of all intellectual property rights in and to the Website and its content, including but not limited to copyright and unregistered and registered trade mark rights. All such rights, save as expressly granted, are reserved, and the benefit of any goodwill which arises through your use inures to us.
3.2 - The trade marks which we or a member of our group owns include, but are not limited to the logos used on various pages. If you are unsure as to whether any sign or logo is a trade mark owned or licensed by us or a member of our group, please contact us for clarification at our registered office address detailed in clause 11 below.
3.3 - Reproduction in any form of any part of the content, information, imagery or data from, or underlying, the Website, save for in strict compliance with clause 2, is prohibited without our prior written consent.
4.General Exclusions of Liability
4.1 - You access and use the Website and the information published on it at your own risk.
4.2 - Nothing published on the Website is intended to constitute advice. You should not rely on any information published on the Website, and we disclaim any liability for any purported reliance on such information to the fullest extent permitted by law.
4.3 - We accept no liability, no matter how that may be caused, and whether directly or indirectly, for any loss or damage caused to you or another (including but not limited to loss of income, business, profits, opportunity, contracts, actual or anticipated savings, data, reputation or goodwill) arising from your use of the Website.
4.4 - We accept no liability for changes made to the Website or its content by unauthorised third parties.
4.5 - We hereby exclude any express or implied warranties that any material used or downloaded from the Website will not cause loss or damage to any data or property, such as software or hardware, including but not limited to loss or damage caused by malicious script, viruses, spyware, Trojan Horses or worms. We accept no liability for any such loss or damage suffered by you or another as a result of your use of the Website.
4.6 - Whilst we maintain robust security mechanisms, we cannot guarantee the security of communications (whether by phone, internet or post). Accordingly we accept no liability for breach of security of any communications sent by you to us using the Website or the information contained on it. Such communications are at your own risk.
4.7 - If we choose to delay enforcing any of our rights relating to these Terms, or even not enforce all or any part of them in a given circumstance, we may do so at our discretion. Any such delay or non-enforcement on our behalf will not be deemed a waiver of those rights or any other provision, and will not in any way prejudice or limit our rights under these Terms.
4.8 - Nothing in the exclusions contained in this clause 4 or elsewhere in these Terms shall be interpreted as trying to exclude or limit statutory liabilities which cannot be excluded by law, nor our tortious liability for death or personal injury resulting from our negligence, fraud, fundamental misrepresentation, or any other liability which cannot be excluded or limited by law.
5.1 - The Website is designed to be accessed via its main home pages and such other pages as we may determine. If you access other pages on the Website directly, for example via search engines or via links provided by third parties, you may not see important information relevant to the page in question, or other announcements or information which may be important to you.
5.2 - The Website contains links which will direct you to other websites or domains owned and operated by us or our group, for example to websites which offer you services. When you use these links and access our other websites or domains you will become subject to the terms, conditions and policies which apply to those websites or domains. Those terms, conditions and policies will be available for you to view on those websites or domains, and it is your responsibility to make sure that you are familiar with and willing to accept them. We accept no liability, no matter how that may be caused, for any failure on your part to view or comply with those terms, conditions and policies.
5.3 - From time to time we may provide links to other websites or resources not owned or operated by us. We are not responsible for the accuracy or content of these websites or resources, and any links we provide does not mean that we are connected with or endorse the related website, resource or the information provided in them. Those websites or resources may have their own terms, conditions and policies, and it is your duty to ensure that you comply with them. We accept no liability, no matter how that may be caused, for any failure on your part to view, comply or familiarise with any such terms, conditions and policies.
6.Sharing Content and Social Networks
6.1 - Certain pages on the Website allow you to share content via your profile on various social networks and other shared-content platforms. When you share content in this manner you also become subject to terms, conditions and policies of those third parties. We recommend that you review and familiarise yourself with those terms and conditions, and we disclaim any liability, no matter how that may be caused, associated with your use of those services, or for your failure to view, comply or familiarise yourself with their terms, conditions and policies.
7.Data Protection & Privacy
9.1 - We may record telephone calls made to us using any telephone numbers provided on the Website. We may also record telephone calls made by us in response to any ring-back request you make via the Website.
10.1 - We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.
11.1 - Baylor Basketball is a 501 c3 not for profit organization.
12.Changes to Terms & Conditions
12.1 We may alter these Terms at any time and without notice to you. You acknowledge that each time you access and/or use the Website there may be changes to these Terms, and that it is your duty to familiarise yourself with them. If you do not agree with the version of the Terms which exists at the time of your access to or use of the Website, you are not permitted to access or use the Website, and any pre-existing permitted use or access is revoked.
13.1 - If any of these Terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions of these Terms, and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
14.Jurisdiction & Governing Law
14.1 - These Terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with United States of America law. Any dispute relating to or arising out of these Terms and any non-contractual obligations arising out of or in connection with them shall be subject to the exclusive jurisdiction of the US courts.
15. Refund Policy
15.1 No refunds will be give after 15-30 days prior to the start of any camps, tournaments or leagues. All request must be in writing with a brief explanation of the reason.
Last updated October 2013