Terms and Conditions
Terms and Conditions (“Terms”)
Last updated: May 25th, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.tricitiesyouthathletics.org website (the “Service”) operated by Tri-Cities Youth Athletics (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Tri-Cities Youth Athletics and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tri-Cities Youth Athletics.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Tri-Cities Youth Athletics.
Tri-Cities Youth Athletics has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Tri-Cities Youth Athletics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Tri-Cities Youth Athletics and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Tri-Cities Youth Athletics, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tri-Cities Youth Athletics its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Last Modified: May 30, 2018
Collection of Information
We receive and store any information you enter on our Site, through any of the Services, or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us, we will keep an internal record of what was shared.
We process personal data both as a Processor and as a Controller, each as defined in the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”) and the General Data Protection Regulation (“GDPR”). The Customer which Customer End Users provided personal data to, with the assistance of the Service, will be the Controller for Customer End User Data. We will be the Processor of Customer End User Data. For Customer personal data, we will be the Controller.
We have a Data Protection Officer (as defined in the Directive and GDPR) who is responsible for matters relating to privacy and data protection. Our Data Protection Officer can be reached as follows:
Tri-Cities Youth Athletics
Attn: Data Protection Officer
P.O. Box #552
Mountain Home, TN 37684
You have the right to edit the personal information by emailing us or mailing us a written request. Although changes will take place within 30 days, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such.
Non-Personal Information we collect may include the user’s operating system (Windows, Mac, etc.), type of web browser (Chrome, Internet Explorer, Firefox, etc.), IP address, monitor screen resolution and color depth, referring pages, and frequency of visits. This information is used to analyze how visitors browse the Site in order to make future improvements. To maintain our quality of service and to assist in the analysis of product performance, we may also gather data on connection information, including the timing and size of all packets sent over the Internet during a session. TCYA also collects certain standard information about your computer for security and identification purposes. This information may include: IP addresses, domain names, access times, browser type and browser version, cookies, and other unique identifying information of machines that have our software downloaded and installed on them. This information is used for the operation of the Site, to identify and protect our customers and to control unauthorized use or abuse of our Services. All information is encrypted during transmission and is stored securely within our servers.
We collect and store the files you upload, download, or access with the Site (“Files“). If you add a file to your account that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
Since our Site and services are not directed to persons under 13, we do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should delete the account. If we become aware that a child under 13 has provided us with personal information, we will suspend the account. For assistance, email email@example.com.
When you register your child or yourself for any program with Tri-Cities Youth Athletics, you agree to a blanket release allowing for the publication of any photograph that includes your child or yourself. We reserve the right to use any photograph for marketing, advertising, website, articles, and any other use we deem necessary for TCYA. If you would like a photograph to be removed, please contact us. We will attempt to fulfill any request, however we can not ensure that it will be done so in a timely manner. Unless you are a volunteer, no names will be published alongside photographs. We respect you and your child's privacy. Please refer to the Photo Release that you signed at registration.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. You can use your browser settings to instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies you may not be able to use all portions of the Site or all of the functionalities of the Services. You can still review the Site if you choose to set your browser to refuse all cookies; however, session cookies must be enabled to establish an account and to download and install any of our software.
Sharing of Information
Your personal information may be used to enable you to communicate, collaborate and share Files. Some information is retained only as long as necessary to provide requested Services; other information may be retained longer so we may provide the Services, comply with our legal obligations and enforce our agreements.
TCYA is not responsible if you volunteer personal information and Files online that are accessible to all or some of the public. Any personal information you choose to provide should reflect how much you want others to know about you. You may review, update, correct or delete personal information by emailing firstname.lastname@example.org and our customer support team will make the changes on your behalf. By submitting such information and Files, you assume the risks and sole liability arising as a result of such information and Files being displayed. You can control who has access to your Files, but you understand that any shared Files may be re-shared or copied. We cannot control the actions of other users with whom you share your Files. We cannot ensure that Files you share on the Site or through the Services will not become publicly available.
Although you are entering into an Agreement with TCYA to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
Andrew W. McElroy Enterprises
Distribution of Information
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law, including the EU Directive 95/46/EU of the European Parliament and the Council of 24 October 1995 (the “Directive”) and the General Data Protection Regulation (“GDPR”). We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN’s rules, regulations and policies.
The security of your information is important to us. TCYA employs measures to protect information collected from loss, destruction, disclosure, unauthorized access, misuse and alteration. Although we strive to protect your personal information, TCYA cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Contact Us Policy
If you have any questions, concerns, or comments about any of the above policies you may contact us using the information below:
Address: Tri-Cities Youth Athletics, P.O. Box #552 Mountain Home, TN 37684