These Terms and Use govern your access to and use of any International Sports Vision Association (hereafter “ISVA” or “we” or “us” or “our”) website and online content.
Website and social media content
ISVA works to ensure the information provided on its websites is accurate, timely, and useful, however, ISVA does not represent or warrant (either express or implied) the accuracy, reliability, or completeness of any of its website’s content. You acknowledge and accept that this ISVA website content may contain errors. ISVA website content is also subject to change at our sole discretion without notice to you, and it may not be up to date or accurate at the time you access it.
Every effort is made to keep this ISVA website up and running smoothly. However, ISVA takes no responsibility for and will not be liable for its website being temporarily unavailable due to technical issues beyond our control.
ISVA reserves the right, but does not have the obligation, to monitor its social networks. ISVA also reserves the right to remove postings from any social networking area at any time and for any reason.
You grant ISVA and all other persons or entities involved in the operation of the ISVA website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the ISVA website.
Acceptance and revisions
You agree to not use the ISVA website to (i) share any materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another user’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) impersonate any person or entity, including but not limited to a ISVA representative, or misrepresent your affiliation with a person or entity; (iii) share any materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party; and (iv) share any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any material that contains software viruses or the like.
You are also prohibited from violating or attempting to circumvent the security of the ISVA website. You may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process, to (i) continuously and automatically search, scrape, extract, deep link, or index any ISVA content; (ii) harvest personal information from ISVA website for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of ISVA website or any other person’s use of ISVA website. If ISVA website contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the ISVA website, any other systems or networks connected to ISVA website, or to any ISVA server, or any of the products or services provided on, accessed from or distributed through the ISVA website. You may not probe, scan, or test the vulnerability of the ISVA website or any network connected to ISVA website or breach or attempt to breach the security or authentication measures on the websites or any network connected to the websites.
Violations of system or network security may result in civil and/or criminal liability. ISVA will investigate occurrences which may involve violations of system or network security and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in these violations.
You agree that ISVA, in its sole discretion, may terminate your password, account (or any part thereof) or use of ISVAwebsites, and remove and discard any materials within ISVA websites, for any reason. ISVA may also in its sole discretion and at any time discontinue providing this ISVA website, or any part thereof, with or without notice. You agree that any termination of your access to ISVA website under any provision hereof may be affected without prior notice and acknowledge and agree that ISVA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or ISVA website. Further, you agree that ISVA shall not be liable to you or any third-party for any termination of your access to ISVA website.
You acknowledge that ISVA may establish general practices and limits concerning use of this ISVA website, including without limitation the maximum number of days that materials will be retained by the website, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access ISVA website in a given period of time.
You acknowledge that ISVA reserves the right to remove user accounts. You further acknowledge that ISVA reserves the right to change these general practices and limits at any time in its sole discretion without notice.
Links to other websites
ISVA website may provide links (including any link through an online advertisement) to other websites for your convenience. These other websites are maintained by third parties over which ISVA exercises no control. The appearance of any such third-party links (provided by ISVA or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to ISVA websites, you do so entirely at your own risk.
Links to ISVA websites and content
You are hereby permitted to create hyperlinks to content that appear on the ISVA website, provided that those hyperlinks accurately describe ISVA content as it appears. ISVA reserves the right to revoke this license generally and the right to use specific links at any time.
Under no circumstances may the ISVA website or any ISVA content be “framed” or portions of the website copied to a server. Each page within ISVA website must be displayed in full (including all trademarks, branding, advertising, and promotional materials) without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page. You shall not use ISVA name, content, logo or trademark without the prior written consent of ISVA. Linking with ISVA website shall not be deemed an endorsement or promotion in any way of you, your website, or your products or services.
The content of ISVA website includes without limitation (i) ISVA trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification; and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through ISVA website. ISVA content is the property of ISVA, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law including but not limited to United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any ISVA content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from ISVA or the owner of such content if ISVA is not the owner. Any use of ISVA content without express written consent from ISVA is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in ISVA content, including any such notices appearing on any ISVA content you are permitted to download, transmit, display, print, or reproduce from ISVA website.
Many of the images used on ISVA website are licensed stock photography images that feature model(s). The models have no affiliation with ISVA and the images are for illustrative purposes only.
Advertisements and promotions
The inclusion of advertisements on ISVA website does not imply endorsement of the advertised products or services by ISVA. ISVA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on ISVA website. Further, ISVA shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on ISVA website. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
YOUR USE OF ISVA WEBSITE’S CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ISVA WEBSITE IS AT YOUR SOLE RISK. ISVA WEBSITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. ISVA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND (ii) ANY WARRANTY REGARDING THE USEFULNESS, SECURITY, RELIABILITY, AVAILABILITY, ACCESSIBILITY, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ISVA WEBSITES AND CONTENT.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING THE WEBSITE OR APPS OR OBTAINING ANY CONTENT FROM ISVA WEBSITES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF ISVA WEBSITES OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT, DEVICES, OR DATA, ISVA SHALL NOT BE RESPONSIBLE FOR ANY RESULTING DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF ISVA WEBSITES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Medical and legal disclaimer
The information contained on ISVA website and social media channels—including but not limited to text, graphics, images, and other material—are for informational purposes only and are not substitutes for the professional medical advice of a physician or the legal advice of an attorney, or treatment for specific medical conditions. You should not use ISVA content to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider. ISVA does not recommend or endorse any specific tests, physicians, products, or procedures, and encourages you to direct any questions you have concerning your personal health to licensed physicians or other appropriate health care professionals.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ISVA AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES (COLLECTIVELY, “ISVA PARTIES”) DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ISVA WEBSITES OR CONTENT, EVEN IF ISVA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE ISVA WEBSITES, ANY WEBSITE LINKED TO ISVA WEBSITE, ANY CONTENT ON ISVA WEBSITE, OR SUCH OTHER WEBSITES LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ISVA WEBSITE OR SUCH OTHER WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM ISVA WEBSITES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ISVA WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (iv) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
In the event you have any dispute with one or more third parties as a result of your use of ISVA website, or are in any way damaged as a result of any third party in connection therewith, you hereby release ISVA Parties from and covenant not to sue or otherwise make a claim, demand or file any legal action, or institute any legal or regulatory proceedings against ISVA Parties for any Damages of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
September 18, 2018