USA LACROSSE MEMBERSHIP VERIFICATION & ACCESSIBILITY AGREEMENT
This Membership Verification and Accessibility Agreement (“Agreement”) is made between USA Lacrosse, Inc. d/b/a USA Lacrosse (“USAL”) and you, the Approved User (“User”) to provide access to the USAL Membership Verification Portal (“Portal”) to obtain specific Membership Information (“Data”) to verify active USAL Membership status for your organization’s registered participants. SCOPE OF USE This Agreement grants the User a limited, non-exclusive, non-transferable license to use and access USAL’s Program Leader Portal (“Portal” or “PLP”) to access the Data, for the sole purpose of verifying active membership status, in accordance with the terms of this Agreement. If there is a conflict between the terms and conditions of this Agreement and any Exhibit, the provisions of this Agreement shall take precedent. INTELLECTUAL PROPERTY Data may include, but not be limited to name, contact number, date of birth, member identification number, age verification status, date of membership expiration, and status of membership. All such Data shall be the sole property of USAL and all contents of the Portal are copyrighted by USAL. TERM This Agreement shall be effective upon posting and/or signing and until notified and/or updated by USAL (“Term”). TERMINATION As part of USAL’s continuing innovation, User acknowledges and agrees that USAL may stop (permanently or temporarily) providing access to the Portal (or any features within the Portal) at USAL’s sole discretion, without prior notice. USAL may terminate this Agreement immediately, at is sole discretion, with or without cause and without notice. The failure of USAL to terminate this Agreement does not constitute a waiver of any provision of this Agreement. When these Terms come to an end, all of the legal rights, obligations, and liabilities that User has agreed to herein or which have accrued over time during the Term herein or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely. User may stop using the Portal at any time. User does not need to specifically inform USAL when User stops using the Portal. Drafted: May 19, 2023 Revised: Reviewed: Annually April PAYMENTS No payments shall be made by either party. SECURITY USAL has in place reasonable procedures designed to help prevent unauthorized access and to maintain information and data security. Although we take reasonable precautions, we cannot guarantee the security of information provided over the internet or that we store, and we will not be responsible for breaches of security beyond our reasonable control. NOTICES OF AMENDMENTS TO THIS PRIVACY POLICY From time to time, we may make changes to our information practices or alter the functionality of the Portal. If USAL updates this Agreement, USAL will notify Users that they are required to accept the updated terms and conditions upon entry into the Portal. Continued access will require acceptance of the updated Agreement. California Privacy Rights Pursuant to Section 1798.83 of the California Civil Code, User shall be responsible to abide by the California Civil Code. Any violations shall be the sole responsibility of the User. Should User receive a notice from the State of California regarding the Code, the User shall be required to notify USAL immediately, in writing, to: membership@usalacrosse.com NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Portal, User warrants to USAL that User will not use the Data obtained for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Data in any manner, which could damage, disable, overburden, or impair USAL. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Portal, including, but not limited to, data mining, robots, or similar data gathering and extraction tools. User certifies that it will use Data only for the purpose of verifying membership status, eligibility, and/or age verification within USAL. User agrees to not copy, download, or share such information more than necessary to confirm active membership status. User agrees to not use Data, by way of example, and not as a limitation, to advertise, sell, solicit, defame, abuse, harass, violate privacy and publicity rights, distribute, disseminate, falsify, delete, harvest, reproduce, duplicate, copy, sell, trade, or resell the Data for any purpose. Drafted: May 19, 2023 Revised: Reviewed: Annually April The User agrees to delete Data viewed as soon as possible, once its sole use (of verification) is complete. Delete shall mean non-retrievable. User acknowledges and agrees that while USAL may not currently have set a fixed limit on the number of transmissions User may send, receive, or store/manage through the Portal, such fixed limits may be set by USAL at any time, at USAL’s discretion, without notice. PASSWORDS AND ACCOUNT SECURITY User agrees and understands that they are responsible for maintaining the confidentiality of passwords associated with any account used to access the Portal. Accordingly, User agrees to be solely responsible for all activities that occur under User’s account. If User becomes aware of any unauthorized use of User’s password or of User’s account, the User agrees to notify USAL immediately at membership@usalcrosse.com. User agrees to not share access to the Portal unless permitted herein. User agrees to be solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which USAL may suffer) of any such breach. Should User grant permission for an additional user to access the Portal, User hereby agrees to be fully liable for any matter that rise from this additional user, including, but not limited to abuse, lack of background check, security breach. USAL may block any additional user at its sole discretion, with or without cause. PRIVACY By using the Portal, we encourage all Users/Additional Users to be USAL Members and obtain a background check. By becoming a USAL Member, the User has accepted and consented to the practices described in the Membership Privacy Policy. If User did not accept the terms of the Membership Privacy Policy, the original User shall be held to the same standard as if they (or their additional User) of the USAL Membership Agreement, Privacy Policy, and background check standard. CHILD PRIVACY We do not knowingly collect information from children under the age of 13, and we require information regarding children under 13 to be provided by parents or guardians. User is required to contact us at membership@usalacrosse.com if you suspect that we have collected information from children under the age of 13. If we learn that we have collected information about a child under 13 without consent, we will take steps to delete the information as quickly as possible. Drafted: May 19, 2023 Revised: Reviewed: Annually April MISCELLANEOUS User agrees that if USAL does not exercise or enforce any legal right or remedy which is contained in the Terms (or which USAL has the benefit of under any applicable law), this will not be taken to be a formal waiver of USAL’s rights and that those rights or remedies will still be available to USAL. When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and USAL have benefited from, been subject to or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely. The Terms, and your relationship with USAL under the Terms, shall be governed by the laws of the State of Maryland, without regard to conflict of laws provisions. User and USAL agree to submit to the exclusive jurisdiction of the courts located within the State of Maryland, Baltimore County, to resolve any legal matter arising from the Terms. Notwithstanding this, User agrees that USAL shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect. Force Majeure. Neither party will be liable to the other for any delay, or interruption in performance as to any obligation hereunder resulting from governmental emergency orders, judicial or governmental action, emergency regulations, sabotage, riots, vandalism, labor strikes or disputes, acts of God, fires, electrical failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, disease, or delays or interruptions in performance beyond its reasonable control. This Agreement sets forth the entire agreement between the parties regarding the Service. Except as otherwise provided in this Agreement, this Agreement may be amended only by a subsequent writing signed by both parties. By signing below, Parties acknowledges receipt of this Agreement, and any Exhibits, if applicable.
I ACCEPT THESE TERMS
OR
I DECLINE THESE TERMS UNDERSTANDING THAT DECLINING THESE TERMS MEANS I WILL NOT HAVE ACCESS TO THE LMS
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