Effective Date: This Agreement was last revised on February 10, 2016.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE LAXCEED WEBSITE AND SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE LAXCEED SERVICES. IT INCLUDES GRANTS OF RIGHTS TO US, WARRANTIES, DISCLAIMERS, INDEMNIFICATIONS AND LIMITATIONS ON OUR LIABILITY. YOU SHOULD PRINT A COPY OF THESE TERMS OR SAVE THEM ON YOUR DEVICE IN THE EVENT THAT YOU NEED TO REFER TO THEM IN THE FUTURE.
The following constitutes the Agreement and applies to your use of the Laxceed Services (further defined). By accessing www.laxceed.com (the “Laxceed Website”) or using the Laxceed Services, you are agreeing to these terms. If you agree to be bound by the terms of this Agreement, you should fill the applicable radio button indicating your agreement to the terms of this Agreement on the Plans and Pricing page for the Laxceed Services. If you do not agree with this Agreement, do not use the Laxceed Website.
Changes to Agreement. Laxceed LLC. (“Laxceed,” “we,” “our,” or “us”) reserves the right to modify this Agreement without notice. You agree to review this Agreement periodically to be aware of such modifications and that your continued use of the Laxceed Website shall be deemed to be your conclusive acceptance of any modified terms. We will indicate that changes to the Agreement have been made by updating the date indicated after "Effective Date” at the beginning of this Agreement.
Introduction. Laxceed LLC. (“Laxceed,” “we,” “our,” or “us”) operates Laxceed.com, a website designed to empower youth lacrosse program directors, coaches and players by providing them with a curriculum delivery system. Among other things, the platform allows users to create practice plans, game plans, season long training plans and individual training programs.
The services offered by Laxceed include
- those offered on any Laxceed-branded URL, including the Laxceed Website
- Laxceed curriculum services (including, without limitation, program, team and player curricula which may include written materials, video materials, animations, and other materials (the “Material”)
- Laxceed advertising services
- and any other features, content, or applications offered or operated from time to time by Laxceed in connection with Laxceed’s business, including when Laxceed is accessed via the internet, mobile device, television or other device (collectively, “Laxceed Services”).
Fees and Payments. Laxceed may charge a subscription fee for certain services. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Laxceed Service at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, please contact our Customer Service team at email@example.com to make changes. If you believe someone has accessed a Laxceed Service using your user name and password without your authorization, please call Customer Service at 1-917-647-9778. You are responsible for any fees or charges incurred to access a Laxceed Service through an Internet access provider or other third-party service.
Reservation of Right. From time to time, Laxceed anticipates that it will offer additional services, functionality and even entirely new products. In entering into this agreement, you agree that Laxceed has reserved the right to and may, at its sole discretion, modify its offering of services and products as well as the associated schedule of prices. This includes but is not limited to charging fees for services or functions that currently may be provided without charge. If Laxceed does modify its schedule of prices, such price change shall become effective at your next renewal date or in 30 days, whichever date comes later.
Cancellation and Renewal. Your subscription will renew automatically, unless it is cancelled in accordance with this Section. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 14 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We may cancel your subscription at any time by notifying you. You may cancel your subscription by calling Customer Service at 1-917-647-9778. We do not accept cancellations by mail or email or by any other means other than calling Customer Service.
Acceptable Use of the Website. . You agree not to interfere with how the site is run. You agree not to gather information about our users (“Users”). You agree that you will not take any action that imposes an unreasonable load on our servers. You must not conduct any data collection through the use or robots or spiders. You must not use the Laxceed Website to copy, store, host, transmit, send, use, publish or distribute material that consists of (or is linked to) any virus, spyware, worm, or other malicious software. You must not use the Laxceed Website in any way that is unlawful, fraudulent or harmful. You must not use the Laxceed Website to transmit unsolicited commercial communications without our prior express written confirmation.
Laxceed authorizes you to access the Laxceed Website only for your personal use. You may display and, subject to any expressly stated restrictions or limitations relating to specific Material, download or print portions of the Material from the different areas of the Laxceed Website solely for your own non-commercial use; provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. You may not modify the Materials on the Laxceed Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these Materials on any other website or networked computer environment for any purpose is prohibited. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Laxceed Website is strictly prohibited, unless authorized by Laxceed in writing.
Intellectual Property Ownership. The Laxceed Website and Materials on the Laxceed Website are protected by intellectual property laws and any unauthorized use of the Laxceed Website or any Materials may violate copyright, trademark, and other laws as further detailed below.
Copyright. The entire content included in the Laxceed Website, including but not limited to text, data, information, databases, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Laxceed. The collective work includes works that are licensed to Laxceed.
Trademarks / Intellectual Property. All trademarks, service marks and trade names of Laxceed used in the website (including but not limited to the Laxceed name and the Laxceed logo) are trademarks or registered trademarks of Laxceed. They may not be used without Laxceed’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, is the sole property of Laxceed and/or its licensors.
User Generated Content. You agree that Laxceed does not have an obligation to review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Laxceed Website (collectively, "User Generated Content"), that Laxceed is not in any manner responsible for User Generated Content, that Laxceed does not guarantee the accuracy, integrity or quality of User Generated Content, and that Laxceed cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Laxceed Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Laxceed Website, Laxceed is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Laxceed Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Laxceed.
Notwithstanding the foregoing, you acknowledge and agree that Laxceed has the absolute right to monitor User Generated Content posted to the Laxceed Website in its sole discretion. In addition, Laxceed reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that Laxceed does not have any obligation to use or respond to any User Generated Content.
ANY USE OF ANY CONTENT ON THE LAXCEED WEBSITE, INCLUDING, WITHOUT LIMITATION, USER GENERATED CONTENT WILL BE AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT LAXCEED IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
You agree that you own any User Generated Content that you post, upload or otherwise distribute to the Laxceed Website, including but not limited to video content. This means that you own or hold all of the necessary intellectual property rights (e.g., copyrights, trademarks, patents, use authorization, licenses, etc.) to the User Generated Content. You acknowledge that any rights granted to you by a third-party are in writing and are fully enforceable
Third-Party Companies, Products and Links. Mention of third-party products, companies and websites on the Laxceed Website is for informational purposes only and constitutes neither an endorsement nor a recommendation. Laxceed assumes no responsibility with regard to the selection, performance or use of these products or vendors. Laxceed provides this only as a convenience to our users. Laxceed has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Laxceed assumes no responsibility with regard to the performance of use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the third-party vendor, and all licenses and warranties, if any, take place between you and the third-party vendor.
Use of Information Submitted. You agree that Laxceed is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Laxceed Website, or created by you while accessing the Laxceed Website, or contained in any communication you may send to Laxceed or submit to the Laxceed Website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
Copyright Claims Pursuant to the DMCA. Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is believed to be residing on Laxceed’s network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:Attn: DMCA Designated AgentLaxceed, LLC.94 Middlebrook Farm RoadWilton, Connecticut 06897Tel. (917) 647-9778Email: firstname.lastname@example.org
How to Report a Claim of Infringement:
If you believe material that infringes your copyright has been posted on the Laxceed Website, a notification of a claimed copyright infringement must be provided via email or regular mail to Laxceed and must include the following information:
A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Laxceed to locate the material.
Information reasonably sufficient to permit Laxceed to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of Laxceed.
If you are a Laxceed client and/or end user, i.e., subscriber, and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. 17 U.S.C. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (listed above) and must provide the following information:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Laxceed is not required to respond to counter notifications that do not meet the requirements above.
Our designated agent will present your counter notification to the complaining party. Once your counter notification has been delivered, Laxceed is allowed under the provisions of 17 U.S.C. Section 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the complaining party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Laxceed's system or network.
Any person who knowingly materially misrepresents under this section:
that material or activity is infringing, or
that material or activity was removed or disabled by mistake or misidentification shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Laxceed, who is injured by such misrepresentation, as the result of Laxceed relying upon such misrepresentations in removing or ceasing to disable access to it.
Warranties & Disclaimers. THE LAXCEED WEBSITE AND THE MATERIALS AND PRODUCTS ON THE LAXCEED WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAXCEED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE LAXCEED WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE. LAXCEED SHALL NOT BE LIABLE FOR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, WHICH THE LAXCEED WEBSITE MAY CONTAIN. NOR DOES LAXCEED REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE LAXCEED WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE LAXCEED WEBSITE OR THE SERVER THAT MAKES THE LAXCEED WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAXCEED DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE LAXCEED WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL LAXCEED BE LIABLE TO ANY PARTY FOR ANY DIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE LAXCEED WEBSITE, OR ANY OTHER WEBSITE, INCLUDING WITHOUT LIMITATION, ANY PHYSICAL INJURY, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LAXCEED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LAXCEED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE LAXCEED WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE LAXCEED WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LAXCEED FOR DISSATISFACTION WITH THE LAXCEED WEBSITE OR ANY CONTENT IS TO STOP USING THE LAXCEED WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
WARNING: IF YOU ARE UNDER 18 YOU MAY ONLY USE OUR WEBSITE WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN. THE SITE IS NOT INTENDED FOR UNSUPERVISED MINORS. LACROSSE IS A DANGEROUS SPORT. BY PARTICIPATING IN THE GAME OF LACROSSE YOU ARE ACCEPTING A CERTAIN DEGREE OF RISK OF INJURY, INCLUDING SERIOUS INJURY OR EVEN DEATH. INJURIES CAN, AND DO OCCUR. PROTECTIVE EQUIPMENT DOES NOT PREVENT, NOR DOES IT PROTECT AGAINST ALL TYPES OF INJURIES. IT IS DESIGNED TO REDUCE THE RISK OF MINOR INJURIES INCURRED DURING NORMAL PLAYING OF THE GAME. YOU UNDERSTAND THAT THE DANGERS AND RISKS OF PLAYING OR PRACTICING IN ATHLETICS INCLUDE, BUT ARE NOT LIMITED TO, DEATH, SERIOUS NECK AND SPINAL INJURIES WHICH MAY RESULT IN COMPLETE OR PARTIAL PARALYSIS, BRAIN DAMAGE, SERIOUS INJURY TO VIRTUALLY ALL INTERNAL ORGANS, SERIOUS INJURY TO VIRTUALLY ALL BONES, JOINTS, LIGAMENTS, MUSCLES, TENDONS AND OTHER ASPECTS OF THE MUSCULAR SKELETAL SYSTEM AND SERIOUS INJURY OR IMPAIRMENT TO OTHER ASPECTS OF MY BODY, GENERAL HEALTH AND WELL BEING. FURTHERMORE, YOU UNDERSTAND THAT THE DANGERS AND RISKS OF PLAYING OR PRACTICING IN ATHLETICS MAY RESULT NOT ONLY IN SERIOUS INJURY, BUT IN A SERIOUS IMPAIRMENT OF MY FUTURE ABILITIES TO EARN A LIVING, TO ENGAGE IN OTHER BUSINESS, SOCIAL AND RECREATIONAL ACTIVITIES, AND GENERALLY TO ENJOY LIFE. YOU EXPRESSLY ASSUME ALL THE RISKS ASSOCIATED WITH PLAYING LACROSSE AGREE TO HOLD THE INDEMNIFIED PARTIES HARMLESS FROM ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTION, DEBTS, CLAIMS OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER WHICH MAY ARISE BY OR IN CONNECTION WITH YOUR PARTICIPATION IN ANY ATHLETIC ACTIVITIES. THE TERMS HEREOF SHALL SERVE AS A RELEASE AND ASSUMPTION OF RISK FOR YOUR HEIRS, ESTATE, EXECUTOR, ADMINISTRATOR, ASSIGNEES, AND FOR ALL MEMBERS OF YOUR FAMILY.
Limitation of Liability. LAXCEED SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE LAXCEED WEBSITE OR THE CONDUCT OF OTHER USERS OF THE LAXCEED WEBSITE, EVEN IF LAXCEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicable Laws. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Fairfield in the State of Connecticut. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Laxceed Website shall be resolved individually and without resort to any form of class action. Any cause of action or claim you may have with respect to the Laxceed Website must be commenced within one (1) year after the claim or cause of action arises.
Notice. By using the Laxceed Website, you agree to receive electronic communications from Laxceed. You agree that any notice, agreement, disclosure or other communication that Laxceed sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Terms of Subscription and Credit Card Authorization. . When you place an order, you permit Laxceed to charge the credit card or other payment method in the total amount of your order. This includes any processing and applicable taxes. Laxceed reserves the right to reject your order. When your order is placed and accepted by Laxceed, we will send you an email which will include details of your order and an order number for your reference. You acknowledge that you must be 18 years or older to enter into a subscription agreement with Laxceed and further represent that you are 18 years or older.
Term; Termination. These terms and conditions are applicable to you upon your accessing the Laxceed Website. The duration of your contract shall be governed by the particular subscription that you elect. Laxceed reserves the right in its sole discretion to terminate or restrict your use of the Laxceed Website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Laxceed or its affiliated or related entities without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Indemnity, Limitation of Liability, and Miscellaneous, shall survive any termination