Date Last Modified: November 16, 2015
Captain Elite™, is committed to honoring your privacy and improving your online experience when you visit our website at www.captainelite.com and related application programming interfaces (API’s) and mobile applications. When you sign up for our site and services, you provide us with information, such as your name and email address or your minor child’s name and email address. We ask for this in connection with registrations, training, promotions, and purchases so that we can tell you about upcoming events, training opportunities, and products that you might find to be of interest or wish to purchase
When you sign up with us, you agree to receive email from us. We honor your privacy and will not sell or resell your information. You may alter your information at anytime or request to be removed from our mailing lists and programs by contacting us at [email protected] All our systems are tied to your email so you will lose any and all access to training sites & videos whether free or purchased.
Rest assured that any information Captain Elite stores for you, whether at purchase through event registration or through our website, will be treated with the utmost respect for your privacy.
Date Last Modified: September, 11, 2015
CAPTAIN ELITE™ TERMS & CONDITIONS
These Terms and Conditions concern the website and services located at www.captainelite.com. The website uses Google Sites and is administered by the owners of Captain Elite™.
You are encouraged to use and enjoy the website, subject to the following Terms and Conditions.
Certain copyright and other notices, as well as disclaimers, are set forth below.
Copyright 2015 Captain Elite™. All rights reserved. 3 Barriers to Player Success™ Captain Elite 5 Laws of Player Development™ are trademarks and/or registered trademarks of Captain Elite. Any other product names mentioned in this website may be trademarks and/or registered trademarks of Captain Elite. Any universities may also have their own copyrights in the material presented.
Captain Elite provides this website as an aid to aspiring soccer players and others involved in soccer player development. Testimonials accessed on this website are provided by customers and they are solely responsible for the accuracy of the information presented and any errors or omissions contained therein.
CAPTAIN ELITE, DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION PRESENTED AT THIS WEBSITE, OR WITH REGARD TO ANY SITE ACCESSED FROM THIS WEBSITE. IN NO EVENT SHALL CAPTAIN ELITE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR INJURY OR SUFFERING, ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCTS OR SERVICES EITHER ADVERTISED IN THIS WEBSITE OR DISCLOSED AT A SITE ACCESSED THROUGH THIS WEBSITE. Unless otherwise stated, Captain Elite, does not endorse any of the universities or services identified or advertised via a link to another site from this website.
1.1 Agreement. These Terms and Conditions constitute your agreement with Captain Elite (“CE”), with respect to your use of CE’s website(s) indicated above or any portion thereof (collectively, the “website”). By doing any of the following, you are indicating your agreement to these Terms and Conditions: (i) registering as a user of the website, registering as an event participant, making purchases, subscribing to anything on or through the website, or otherwise taking steps that cause the creation for you of an account for the website, (ii) accessing, using, utilizing or logging onto a membership, registration, subscription or account for the website, and (iii) browsing, using, viewing, and/or enjoying any part of the website.
If you do not agree with any aspect of these Terms and Conditions, you are not authorized to purchase, to register as a member, or to access or use the website for any purpose.
IF ANY CHANGES IN THE FUTURE TO THE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO BE OUT OF COMPLIANCE WITH THE TERMS AND CONDITIONS, YOU MAY CANCEL YOUR MEMBERSHIP TO DIGITAL TRAINING(S) OR REGISTERED SERVICES BY SENDING AN EMAIL TO: [email protected] (SEE SECTION 10 REGARDING TERMINATION). YOUR CONTINUED USE OF THE WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THE TERMS AND CONDITIONS, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.3 Member Sign In. Some portions of the website (“Online Training”) are not accessible unless you complete your registration and purchase. Continued compliance with these Terms and Conditions is one condition of access to the services, and CE may terminate, cancel, block, not renew, or suspend your access to the Training, this website, or both if you are not in compliance with these Terms and Conditions or any other term or condition of registration including but not limited to timely payment of fees owed for CE services and products.
1.4 Child User. If You are a User of the Website and are under the age of 13 (“Child User”), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User who begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Website if registered through certain organizations such as clubs or, in certain cases (as defined below), by Coaches who have entered into a relationship directly with Captain Elite and through which organization or Coach the legal parent and/or guardian of such Child User has consented to use of the Website. Further, in certain instances, a Child User may use the CE Website via a third party application that Captain Elite has allowed integration into or with the Website. A Child User who has registered through such external organizations, third party applications, or Coaches will only be permitted to use the Website for so long as CE reasonably believes that such access has been consented to by the Child User’s parent or guardian.
1.5 Parent User. If You are at least 18 years of age you may register a child for whom you are the parent or legal guardian to use the CE website and for CE services. As a Parent, you may create, register and cancel Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that CE may choose, but is not obligated, to make any inquiries, either directly or through third parties, that CE deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. CE reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT CE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND CE IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A COACH DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by CE at any time and without warning for any failure to abide by these Terms.
1.6 Discontinuation. CE may change, suspend or discontinue any aspect of the website at any time, including without limitation, the availability of any feature, database, content, research, or Training. CE may also impose limits on certain features and services or restrict access to parts of or the entire website without notice or liability.
2.1 The website, the training, and content are intended for your personal use and are not for resale. Except as set forth elsewhere in these Terms and Conditions, you shall not permit any other person to access or use the Training or Content on the website without the express written authorization of CE. Accordingly, without the express written authorization of CE, members shall not share their registration ID or password with any other person or otherwise permit any other person to use such registration ID or password. All content published on the website (including, but not limited to, articles, photographs, images, illustrations, audio clips, video clips, and research) is protected by copyright or other laws, and owned or controlled by CE. Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the website.
2.2 The website and Our Content are also protected by copyright, trademarks, patents, or other proprietary rights. Our Content is copyrighted as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of Our Content. Except as provided in these Terms and Conditions or as a Submission, you may not copy, modify, publish, transmit, remove, delete, enter into a database, augment, add to, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, transmit, frame, stream, participate in the transfer or sale, lease or rental of, or in any way exploit, any of the Our Content, materials, or the website, in whole or in part, without our prior written consent.
2.3 You shall not store any significant portion of Our Paid Content owned by, or licensed to CE, in any form. Copying or storing of Our Paid Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from CE, or the copyright holder identified in the individual Content’s copyright notice.
3.1 The website is intended to be used for lawful purposes only.
3.2 While using or doing anything with our website, you may not:
-engage in any activity on the website that restricts or inhibits any other user from using or enjoying the website such as hacking, cracking, spoofing, using aliases, sock puppetry, personal attacks, vandalism, or defacing any portion of the website;
-harvest or collect information about the website’s visitors, members or registrants
-use the website to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
-create a database by systematically downloading and storing Content;
-frame or mirror the website or any part of the website without our prior written consent; or
-interfere with or disrupt the operation of the website, the servers, or networks used to make the website available or violate any requirements, procedures, policies, or regulations of such networks.
4.1 You may have the opportunity on the website (or on other applications) to post, transmit or otherwise make available Submissions, including opinions, responses, ideas, images, videos or other things. We reserve the right to approve, post and to remove any Submissions, posted to the website, or posted on social networks (including, but not limited to Facebook, Twitter, Pinterest, Instagram and Google+), or other forum for any reason, or for no reason at all. Decisions as to whether Submissions should be posted or removed, or violate our standards, will be made in our sole discretion after we have actual notice of such posting. Your name and/or user name can be associated with your submission.
4.2 If you contribute any Submissions or testimonials, you are publishing every word and material you provide. You should therefore assume that it may be retained forever, although we assume no obligation to retain or make it available for any length of time, much less forever.
4.3 You are responsible for all Submissions you provide. You represent and warrant that:
-all Submissions you provide are NOT illegal, defamatory, libelous, threatening, intimidating, derogatory, abusive, harassing, rude, vulgar, obscene, bigoted or hateful, insensitive, petty, uncivil, offensive, profane, scandalous, pornographic, indecent, invasive of privacy or publicity rights, tortuous, unreasonable, or intentionally false, fraudulent, deceptive, wrong, improper, or otherwise objectionable;
-all Submissions you provide do NOT infringe any copyright, patent, trademark, or other intellectual property right;
-all Submissions you provide are either original to you or are provided without violation or infringement of any contract or rights of any others;
-no other party has any rights to the Submissions you provide or that you have all rights necessary to grant the rights and agree to the provisions of these Terms and Conditions;
-your act of providing, and the continued existence on the website of, such Submissions does NOT violate any right, restriction, law, regulation, ordinance, governmental decree, contract or obligation;
-all Submissions you provide are provided without any restrictions;
-all Submissions you provide do NOT violate these Terms and Conditions;
-all Submissions you provide do NOT solicit, encourage or promote illegal activity or substances;
-all Submissions you provide do NOT express or imply that any statements you make are endorsed by CE, without our prior written consent; and
-none of your Submissions give rise to civil or criminal liability, encourage conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
You may NOT provide or post Submissions that are contrary to the above representations, warranties, and restrictions.
4.4 Additionally, you may not post, transmit, or provide as a Submission the following:
-advertising or commercial solicitations;
-promotional materials relating to other websites or online services competitive with CE or this website;
-software or other materials that contain viruses, worms, time-bombs, Trojan horses, or another harmful or disruptive component;
-political campaign materials, chain letters, mass mailings or spam; or
-any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, database, data mine, or in any way reproduce or circumvent this website or the navigational structure or presentation of this website or the Content.
4.5 Submissions will be deemed NOT to be confidential or secret. We and all other users will not be required to treat any of your Submissions as confidential, and may use any of your Submissions in our respective businesses (including without limitation, for products or advertising) without incurring any liability for royalties, damages, or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.
4.6 Please note that because we may allow users like yourself to post materials on forums, in social networks, and in other ways on the website, we need to obtain certain rights in your Submissions. By submitting or otherwise making Submissions available on the website, you hereby grant to us and all users a royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Submissions, and to incorporate your Submissions in other works in any form, media, or technology now known or later developed.
4.7 You also agree and acknowledge that any and all of your Submissions, such as information, ideas, concepts, methods, systems, designs, plans, techniques, testimonials, or other similar materials, that you post, submit or otherwise communicate to us or the website may be used by us and other users in any manner, and without limitation may be displayed on the website and copied, printed and distributed for promotional, marketing or any other purposes.
4.8 With respect to Submissions posted to or on the website or any other forum or social network we are the provider of an interactive computer service and user providing the Submission (which may be you or a third party) is the owner or speaker of the Submission.
4.9 To the extent that any forums, message boards, blogs, social networks and similar things are provided by or on the website for the receipt and posting of Submissions, such things shall be used only in a noncommercial manner. You shall not, without the express approval of CE, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
4.10 CE has the right, but not the obligation, to monitor the website and social networks, and other forums for Content of these Submissions to ascertain compliance with these Terms and Conditions. Although CE is not responsible for any content of any Submissions on the website, CE reserves the right not to post and to delete, move, or edit messages that it, in its sole discretion, desires not to have on the website, or deems abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise unacceptable or in violation of these Terms and Conditions. CE reserves the right, but not the obligation, to take any action it deems appropriate with respect to the website, Submissions, Third Party Content and Content to operate the website properly, to protect other users, CE’s business relationships, and visitors to the website, and to comply with legal obligations or governmental requests. The providers of Submissions shall remain solely responsible for the content of their Submissions. If you believe that a posted Submission is incomplete or inaccurate, feel free to provide your own Submission asserting your position, subject to these Terms and Conditions.
4.11 You acknowledge that any Submission (whether a letter to CE, testimonial, commentary, or otherwise) may be edited, removed, modified, published, transmitted, displayed, truncated, or not posted, or not displayed by CE. In addition, you warrant that you have irrevocably waived all moral rights and other rights with respect to attribution of authorship or integrity, under any applicable law under any legal theory, in any Submission you provide.
4.12 Submissions and the Third Party Content which may be found on the website, social networks or other forums have not necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. Such things are therefore provided “as is” and without any warranties of any sort. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition or non-infringement. Additional disclaimers are set forth below.
4.13 Information, including personally identifiable information (any information which can be used to identify a specific individual, such as a name, email address, postal address or telephone number) which is provided as a Submission or posted by you on the website in an area viewable by other users will be accessible to other users including people you may not know. Making this information available may result in a user receiving “spam” or unsolicited email. You are encouraged to use discretion when communicating with others and/or disclosing personally identifiable information online. In addition, CE has no control over, and shall have no liability for, damages resulting from the use or misuse by any third party of information that you voluntarily make public through a Submission. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A SUBMISSION, YOU DO SO AT YOUR OWN RISK.
5. ACCESS AND AVAILABILITY OF LINKS
5.1 The website may contain links to other related Internet sites or resources. These links are provided for your convenience and to provide further information. They do not signify that we endorse or have an association with the linked website. As CE is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator for such link.
5.2 You may not create a link to this website from another website or document without our prior written consent.
6. ADDITIONAL REPRESENTATIONS AND WARRANTIES ABOUT YOUR ACTIVITIES
6.1 You represent, warrant, and covenant (a) that no materials of any kind submitted through your account or registration will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. You agree to indemnify, defend and hold CE, and all of its subsidiaries, affiliates, parents, licensors, licensees, content providers, information providers, service providers, and all of our/their employees, officers, managers, directors, owners, shareholders, agents, and contractors (the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or violation by you or any user of your account or registration of these Terms and Conditions or the representations, warranties and covenants in these Terms and Conditions, including, without limitation, reasonable attorneys’ fees, costs and expenses. You agree to cooperate as fully as reasonably required in the defense of any claim. CE reserves the right, at its own expense, to assume the exclusive defense and control of any, or any part of any, matter otherwise subject to indemnification by you.
6.2 CE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the website by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk. CE reserves the right, in its sole discretion, and assumes no obligation, to correct any errors or omissions in any portion of the website.
7. FEES AND PAYMENTS
7.1 CE reserves the right at any time to charge fees for access to portions of the Training Services, videos, informational papers, or educational or training events. If at any time CE requires a fee for such things which are now free of charge, or changes any of its fees, CE will give members/subscribers advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on the website or sent via email. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the website by CE or by any other vendor or service provider. All such fees and charges shall be billed to and paid for by you. You agree to pay all applicable taxes relating to use of the website through your account. Your right to use the Training Services or the website as a whole is subject to any limits established by CE in its sole discretion. If you cancel any purchased Training Service or other CE product, the remaining days left on your membership/subscription will not be refunded. You also agree that if you fail to make payment by the specified due date for products, services, and/or subscriptions, that your access to such products, services, and/or subscriptions will be immediately cancelled.
8. COMMUNICATIONS BETWEEN CE AND REGISTRANTS
8.1 CE reserves the right to send electronic mail to any and all child users and parents who are the legal guardians on the account for such child user(s), for the purpose of informing them of changes or additions to the Training Services or website, or of any CE related products and services, or of information of note to CE.
8.2 CE reserves the right to disclose information about users’ usage and demographics in forms such as research that do not reveal the users’ personal identities.
9. DISCLAIMER OF WARRANTIES AND LIABILITY BY CE
9.1 The website, Training Services, Events, Content and all downloadable software or other materials are distributed on an “as is” basis. You hereby acknowledge that use of all such things is at your own sole risk. To the extent permitted by law, you assume the risk of all use of the website and the Content.
9.2 YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. THE WEBSITE, ALL CONTENT, AND ALL MATERIALS AND/OR SERVICES ON THE WEBSITE OR PROVIDED THROUGH THE WEBSITE ARE EACH PROVIDED “AS IS,” ON AN “AS AVAILABLE” BASIS, AND WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SUBMISSIONS AND THIRD PARTY CONTENT ARE PROVIDED BY OTHERS, WHO MAY OR MAY NOT MAKE OTHER PROMISES, GUARANTEES OR WARRANTIES, AND CE IS NOT RESPONSIBLE FOR ANY SUCH THINGS. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT AND MATERIALS ON THIS WEBSITE ARE OBTAINED, FOR OTHER REASONS, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE WEBSITE, CONTENT, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR SUBSTANCE OF THE WEBSITE, CONTENT OR OTHER SERVICES THAT MAY BE CONNECTED TO OR ASSOCIATED WITH THE WEBSITE. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, CURRENTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, NON-INFRINGEMENT, AND CONDITION. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT DEFECTS WILL BE CORRECTED, THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE OR CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTIES THAT YOUR USE OF THE WEBSITE OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH THINGS. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR ANY CONTENT SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT OR FUNCTION OF THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WE DO NOT ENDORSE ANY OF THE SUBMISSIONS AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF THE SUBMISSIONS.
9.3 NEITHER CE NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OR INJURY CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF CE, ITS AFFILIATES, AGENTS OR LICENSORS, OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND THE CONTENT. IN NO EVENT WILL CE, ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THIS WEBSITE. CE AND ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CE, ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEBSITE OR THE CONTENT PROVIDED BY THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO CE FOR THE USE OF THE WEBSITE, TRAINING SERVICES AND EVENTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
9.4 MEMBERS MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY CE OR ITS AFFILIATES THROUGH THE WEBSITE. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY CE OR ITS AFFILIATES IS BEYOND CE’s CONTROL, AND CE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES.
9.5 CE MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY PRODUCT OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO YOU AS A RESULT OF THE USE OF THE WEBSITE, TRAINING SERVICES OR EVENTS, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES OR ITEMS.
9.6 Content on this website is not intended to be advice in a field regulated by a governmental or other professional licensing body. If you need such specific advice (for example, medical or legal advice), please contact such a professional.
9.7 The information on the website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website, and CE does not undertake any obligation to update such information after it is posted or to remove such information from the website if it is not, or is no longer, accurate or complete.
9.8 It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific requirements.
9.9 CE reserves the right, but assumes no obligation, to correct any errors or omissions on the website. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the website, we do not guarantee or warrant that the website or materials that may be downloaded from the website do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you intend to rely on the website and any materials available through the website, you do so solely at your own risk.
9.10 You agree to indemnify and hold CE and the Indemnified Parties harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you or done at your direction or request or from any illegal conduct by you, including without limitation any use of the website or Content other than as expressly authorized in these Terms and Conditions or as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized action, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your providing Submissions, violating any of these Terms and Conditions or using any Content of the website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms and Conditions. In such event, you shall provide us with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.
10.1 You may terminate your account at any time by sending an email to [email protected] Upon termination, you will receive an automated confirmation via email that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated.
10.2 CE may, in its sole discretion, terminate or suspend your Member’s access to all or part of the website, Training Services or Events for any reason, including, without limitation, breach of the member agreement, breach of these Terms and Conditions, or assignment of the member agreement by the subscriber.
11. COPYRIGHT AND TRADEMARK NOTICES
11.1 Copyright 2015 Captain Elite™. All rights reserved.
11.2 3 Barriers to Player Success™ and Captain Elite 5 Laws of Player Development™ and Success By Sixteen™ may be the subject of one or more Federal trademark registrations and/or applications.
11.3 Other product names and marks that appear in this website may be trademarks and/or registered trademarks of the respective owners. Any advertisers or other providers of content may also have their own copyrights in the materials presented.
12. COPYRIGHT INFRINGEMENT CLAIMS
Copyright Agent: Mike Keating, PO Box 527 Oak Ridge, NC 27310. Email: [email protected] This contact information is only for suspected infringement. Contact information for other matters may be provided elsewhere on this site.
13.1 Your use of the website and all related rights and obligations shall be governed by the laws of the United States of America and the State of North Carolina, as if Member’s use was a contract wholly entered into and wholly performed within the State of North Carolina. Any legal action or proceeding with respect to the website or any matter related thereto must be brought exclusively in the courts of the State of North Carolina venued in Greensboro, North Carolina, or in the United States Court for the Middle District of North Carolina venued in Greensboro, North Carolina. By using the website, you accept generally and unconditionally the personal jurisdiction of the aforesaid courts and irrevocably waive any objection to such jurisdiction.
13.2 CE is not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information. We also may allow to be displayed on the website advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.
13.3 Pursuant to 47 U.S.C. section 230(d) as amended, you are hereby notified that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://dir.yahoo.com/Business_and_Economy/…/Blocking_and_Filtering.
13.4 Official correspondence must be sent via postal mail to:
Attention: Mike Keating
PO Box 527
Oak Ridge, NC 27310