NOTICE: BY PROCEEDING TO USE THIS SERVICE, YOU ACKNOWLEDGE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SERVICE.
Copyright Notice and Terms and Conditions
Reproduction of any of this material is strictly prohibited. Permission to use all documents and related graphics and any other material from this World Wide Web server is subject to the following Terms and Conditions.
Terms and Conditions
Each document and other material published by Performance Tennis® on this server may contain other proprietary notices or describe products, services, processes or technologies owned by Performance Tennis® or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, or other intellectual property right of Performance Tennis® or any third party, except for the right of use license expressly set forth below in these terms and conditions.
Right of Use License
The displayed content information provided free of charge or purchased through this service are provided under a nonexclusive, non-transferable license for printing and use only by the individual who signed onto this service, and only for that individual's personal use. The user is not permitted to commercially exploit the information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the information contained within is strictly prohibited without the prior written consent of Performance Tennis®. The user shall may not copy, reverse engineer, translate, port, modify or make derivative works of the information, in whole or in part. The user shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the information or any part thereof or use it in any manner not expressly authorized by this Agreement. The user shall not derive or attempt to derive the source code or structure of all or any portion of the information by reverse engineering, disassembly, decompilation or any other means. The user shall not use the information to operate a service bureau or for any other use involving the processing of data of others. The user does not receive any, and Performance Tennis® retains all, ownership rights in the information. The information is copyrighted and may not be copied, even if modified or merged with other data or software. The user shall not alter or remove any copyright notice or proprietary legend contained in or on the information.
Consent to Monitoring and Disclosure
Performance Tennis® is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that Performance Tennis® may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other government requests; (2) to operate the server properly or to protect itself and its users. Performance Tennis® reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
Should any user of information on this server provide Performance Tennis® with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and Performance Tennis® assumes no obligation to protect such information from disclosure. The submission of such information to Performance Tennis® shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Performance Tennis® for any purpose whatever and by such submission the user grants to Performance Tennis® the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required.
Disclaimer of Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. Performance Tennis, ITS AFFILIATES AND DATA SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Performance Tennis DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL Performance Tennis® BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY OR ON ANY OTHER BASIS.
Any Performance Tennis® material on this server may include technical inaccuracies or typographical errors. Performance Tennis® has the right to make changes and updates to any information contained within this server without prior notice.
THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NO ADVICE OR INFORMATION GIVEN BY Performance Tennis, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER Performance Tennis® NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Performance Tennis. Product and service information are the sole responsibility of each individual vendor. Performance Tennis® name and logo and other trademarks and trade names may not be used in any commercial manner without the prior written consent of Performance Tennis®. The user is responsible for providing all software and equipment needed to access this service.
This is the exclusive Agreement between Performance Tennis and the user regarding its subject matter. Performance Tennis shall have the right to terminate user's ability to access this service at any time without notice. Performance Tennis reserves the right to discontinue or modify any of the information contained on this service, or the service, at any time. Performance Tennis shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without Performance Tennis prior written consent. This Agreement shall be governed by the internal laws of Colorado. The user shall pay any taxes on the information or transactions, except for those based on Performance Tennis' annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to Performance Tennis®. These terms and conditions apply on behalf of Performance Tennis® and all of its affiliates, employees, suppliers, and distributors.
U.S. GOVERNMENT RESTRICTED RIGHTS
The information is provided to the user with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Performance Tennis. The information is copyright © 2013 by Performance Tennis. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the information is trade secret and proprietary commercial data and not subject to disclosure.
For further information relating to the legal issues contained in these terms and conditions, question or problem reports regarding this service, contact Performance Tennis.