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TERMS OF USE
INTRODUCTION
Welcome to www.usta.com. This site is owned by United States Tennis Association Incorporated (the "USTA") and is operated by and on behalf of the USTA and its affiliated companies, including USTA National Tennis Center Incorporated, USTA Foundation Incorporated, USTA Player Development Incorporated and US Open Series LLC (collectively, the “USTA Family of Companies”, “we”, “us” or “our”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. Click here to review our Privacy Notice. If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.
OWNERSHIP
United States and other countries and international treaties. US Open, USA Tennis, TennisLink and USTA and other marks indicated on the site are registered trademarks of the USTA in the United States. All other trademarks that are not owned by the USTA Family of Companies that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to the USTA Family of Companies.
LICENSE AND SITE USE
The USTA Family of Companies grant you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the site without the our express written consent. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents (including, without limitation rankings, tournament scores and standings) and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without our prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and Ids that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). The USTA Family of Companies reserve the right in their sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the site.
MERCHANDISE DISPLAY; AVAILABILITY
We make reasonable efforts to display merchandise on this site as accurately as possible. Sometimes, however, factors including the display and color capabilities of your computer monitor, may significantly affect what you see on your screen. We are not responsible for the display of any color or detail of merchandise on your computer screen and do not guarantee that that such display is accurate. In addition, some featured merchandise may be available only in limited quantities or only while supplies last. Although we will attempt to remove any items that are out of stock from the site in a timely manner, display of an item on the site is not a guarantee that the item is currently available or that it will be available on a later date.
SUBMISSIONS
Any information or materials you transmit, upload or otherwise submit to any USTA Family of Companies site (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to the USTA via our Web site, through any USTA social media page, app or other means of transmission or delivery, shall be collectively referred to as "Submissions." If you transmit or otherwise deliver Submissions to the USTA Family of Companies, you grant the USTA Family of Companies a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to the USTA Family of Companies that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to the USTA Family of Companies, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of the USTA Family of Companies and that the USTA Family of Companies shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the USTA Family of Companies shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You agree that no Submission made by you will contain libelous, abusive, obscene or otherwise unlawful material and you acknowledge and agree that you are exclusively liable for the content of any Submission made by you.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, social media site, app, email function or other function which allows you to transmit or submit material to a USTA Family of Companies site for display, storage or distribution, offered as part of any USTA Family of Companies site or by an affiliated company/organization and/or service provider of the USTA Family of Companies. Where the Forum is provided on a site other than a USTA Family of Companies site, you will be bound by the terms of service and privacy policy of the site you have linked to. If you participate in any Forum within a USTA Family of Companies site, you must not and agree that you will not through the use of any Submission or otherwise:
• defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous or indecent language or images;
• advertise or sell to, or solicit, others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.
The USTA Family of Companies reserve the right to remove or edit content from any USTA Family of Companies Forum at any time and for any reason but does not regularly review posted Submissions.
Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.
When participating in a Forum, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and we are not responsible for the content or accuracy of any information.
CONTENT LINKED TO ANY USTA FAMILY OF COMPANIES SITE
Please exercise discretion while browsing the Internet using any USTA Family of Companies site. You should be aware that while you are on a USTA Family of Companies site, you could be directed to other sites that are beyond our control. There are links to other sites from USTA Family of Companies pages that take you outside of our service. This includes links from regional sections, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. The USTA Family of Companies reserve the right to disable links from third party sites to any USTA Family of Companies site. We make no representations concerning the content of sites linked to any USTA Family of Companies site or listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a USTA Family of Companies site. If you have any concerns regarding any external link, you should contact the link’s administrator or Website.
DISCLAIMER
THE MATERIALS IN THIS USTA FAMILY OF COMPANIES SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USTA FAMILY OF COMPANIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY USTA FAMILY OF COMPANIES SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY USTA FAMILY OF COMPANIES SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY USTA FAMILY OF COMPANIES SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any USTA Family of Companies site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any USTA Family of Companies site or third party content on our sites. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
CREDIT CARDS
We may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with the USTA Family of Companies. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy.
To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold the USTA Family of Companies, the USTA’ Family of Companies’ subsidiaries and other affiliated companies/organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site. You shall use your best efforts to cooperate with us in the defense of any claim.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE USTA FAMILY OF COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY USTA FAMILY OF COMPANIES SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF THE USTA FAMILY OF COMPANIES HAVE 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.
IN NO EVENT SHALL USTA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in any USTA Family of Companies site are presented solely for the purpose of promoting tennis, tennis equipment, tennis instruction and tennis tournaments and other products and services available in the United States and its territories, possessions and protectorates. The USTA Family of Companies make no representation that materials on any USTA Family of Companies site are appropriate or available for use in any particular location. Those who choose to access a USTA Family of Companies site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
TERMINATION
These Terms of Use are effective until terminated by either party. Your access to any and all USTA Family of Companies sites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the USTA Family of Companies site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of all USTA Family of Companies sites. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
United States Tennis Association
Attention: Legal Dept.
70 West Red Oak Lane
White Plains, NY 10604
(914) 696-7000
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
PRIVACY POLICY
Welcome
Welcome to www.usta.com. This site (the “Site”) is owned by United States Tennis Association Incorporated (the "USTA") and is operated by and on behalf of the USTA and its affiliated companies, including USTA National Tennis Center Incorporated, USTA Foundation Incorporated, USTA Player Development Incorporated and US Open Series LLC (collectively, the “USTA Family of Companies,” “we” “us” or “our”). This Privacy Policy is designed to tell you about our practices regarding collection, use and disclosure of information that we may collect from and about you. Please be sure to read this entire Privacy Policy before using or submitting information to this Site.
Your Consent
By using this Site, you agree with the terms of this Privacy Policy. Whenever you submit information via this Site, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy, the Terms of Service and any specific provisions of this Site that may be presented at the time information is collected.
About Children
The Site is a general audience site. We do not knowingly collect any personal information from children under the age of thirteen on the Site. If in the future, we collect personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the Direct Marketing Association’s Web site (www.the-dma.org) and explore the Get CyberSavvy! Program as well as the GetNetWise Web site (www.getnetwise.org) to learn more about parental control tools
Active Information Collection
Like many Web sites, this Site actively collects information from its visitors both by asking them specific questions and by permitting them to communicate directly with us via e-mail, feedback forms, chat rooms and so forth. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, address, e-mail address, phone number and so on).
Some areas of this Site may require you to submit information in order for you to benefit from the specified features (such as newsletter subscriptions, tips/pointers, order processing and so forth) or to participate in a particular activity (such as sweepstakes or other promotions and so forth). You will be informed at each information collection point what information is required and what information is optional.
Passive Information Collection
As you navigate through this Site and/or receive emails in connection with this Site, certain information may be passively collected (that is, gathered without your actively providing the information) using various technologies and means, including, without limitation, those described below:
Cookies
As with many Websites, the Site uses standard technology called “cookies,” which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make using the Site easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies.
Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising which may be of interest to you. If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Site may not provide you with a personalized experience if you have disabled the use of cookies.
IP Addresses and Automatic Information
We may collect IP addresses and/or automatic information for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address.
Automatic information is information collected by our computers when you request Web pages from the Site. Automatic information may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.
Information From Other Sources
From time to time we, and/or our operational partners may receive information about you from other sources and add it to the data previously collected about you.
Use and Disclosure of Information
Except as otherwise stated, the USTA Family of Companies may use information you provide to improve the content of our Site, to customize the display of the Site to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for the purposes specified in this Privacy Policy.
If you provide personally identifiable information to this Site, we may combine such information with other actively collected information unless specified otherwise at the point of collection on this Site. We may combine personally identifiable information with passively collected information.
We may disclose your personally identifiable information to third parties located in the United States and/or any other country:
i. to our affiliates;
ii. to our sponsors;
iii. to other tennis related organizations;
iv. to select companies or organizations which we believe may offer products, services, materials or information of interest to visitors to this Site;
v. to third parties we use to support our business (including fulfillment services, technical support, delivery services, chat service providers, email service providers, forum service providers, advertisement sales and management services and financial institutions);
vi. in connection with the sale, assignment or other transfer of the business of this Site to which the information relates; or
vii. where required by applicable laws, court orders or government regulations.
In addition, we will make full use of all information acquired through this Site that is not in personally identifiable form.
Third-Party Ad Serving & Audience and Traffic Measurement Services
The Site may use a third party network advertisers to serve the advertisements on the Site or may use a traffic measurement service to analyze the traffic on the Site. Network advertisers are third parties that display advertisements based on your visits to this Site and other Web sites you have visited. Third-party ad serving enables us to target advertisements to you for products or Web sites you might be interested in. Although advertisers or other companies do not have access to the Site cookies, the Site’s advertisers, sponsors, and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser. Cookies allow third party advertisers to show you advertisements or content you might be interested in. Other companies' use of their cookies is subject to their own privacy policies, not this one.
Please click here http://www.networkadvertising.org/optout_nonppii.asp in order to learn more about the information collection practices and "opt-out" procedures of third party ad servers we may use.
Access and Correction
To keep your personally identifiable information accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct personally identifiable information in our possession that you have previously submitted via this Site.
Security
We will take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our Site and to protect such information from loss, misuse and unauthorized access, disclosure, alteration or destruction in accordance with this Privacy Policy and the Terms of Use. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, email sent to or from this Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, usernames, ID numbers or other special access features on this Site, it is your responsibility to safeguard them
Links to Other Web Sites
You should be aware that when you are on the Site you could be directed to other sites beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the Site onto a different Web site. This includes links from advertisers, sponsors and partners that may use the Site’s logo as part of a co-branding agreement. These other Web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that site’s privacy policy before providing any personal information. Please note that the USTA Family of Companies are not responsible for the privacy practices of third parties.
Other Terms
Your use of this Site is subject to the Terms and Conditions of Use. If you choose to use this Site, your visit and any dispute over privacy and data collection is subject to this Privacy Policy and our Terms and Conditions of Use including limitations on damages and application of the law of the State of New York.
How to Contact Us
If you have any questions, comments or concerns about this Privacy Policy or the information practices of this Site, please contact us as follows:
United States Tennis Association
Attention: Advanced Media Dept.
70 West Red Oak Lane, White Plains, NY 10604
(914) 696-7000
California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact the following with such request:
United States Tennis Association
Attention: Advanced Media Dept.- California Privacy Compliance
70 West Red Oak Lane
White Plains, NY 10604
Changes to This Privacy Policy
If this Privacy Policy changes, the revised policy will be posted on this Site. Please check back periodically, and especially before you provide any personally identifiable information. This Privacy Policy was last updated on and is effective as of 4/15/10.