FASTHockey attempts to make all reasonable efforts to maintain an
informative, useful, and safe website for the benefit of the general public.
These efforts include, but are not limited to, random monitoring of the Site's
message boards and chat rooms (for the purpose of detecting abuses) and
screening of articles posted on the website. Furthermore, all Coaches, Scouts,
Family Advisors, and others subscribing to search our Database of Players who
subscribe to FASTHockey are verified to be members of the organization for
which they subscribe at the time of their subscription. We ask that you
carefully review these Terms and Conditions, and that you read and signal that
you agree with the Terms and Conditions detailed below (the "Agreement"). The
Site could not provide you with a worthwhile level of service, or even exist,
without taking such precautions.
Please note that you will be referred to as "User" in this
Agreement. The term "Provider" includes FASTHockey and its officers, directors,
employees, agents, successors, and assigns. The term "coach" and "assistant
coach, scout, family advisor, agent " are used interchangeably in the Terms and
Conditions and on the Site and include a variety of ice hockey professionals.
1. Services and Conditions of Use
FASTHockey. is proud to welcome you to our website,
FASTHockey.com(the "Site"). FASTHockey (the "Provider") agrees to provide you a
Site with general information, message boards, chat rooms, the ability to
access other players, coaches, assistant coaches, scouts, family advisors,
agents, and others, interesting surveys and quizzes, and opportunities to
investigate playing opportunities. All of the services provided are subject to
the terms of this Agreement. Provider reserves the right to modify this
Agreement at any time by providing notice through the Site. You hereby agree
that, at all times that you use the Site, you will abide by the Terms and
Conditions set forth herein. To use the Site, you as User must agree to all of
the Terms and Conditions set forth in this Agreement. You should read this
Agreement carefully. Do not use the Site unless you have read and agree to
abide by the Terms and Conditions set forth herein.
2. General Disclaimer
The content on the Site is provided for general information
purposes only and is not intended in any way to be a substitute for
face-to-face interaction.
User's reliance on any information provided on the Site is solely
at the risk of the User. Provider does not endorse and does not recommend any
information, material, product, quiz, survey, test, procedure or opinion that
may be posted or referred to on the Site. Opinions expressed on the Site are
solely the opinions of the authors of such material posted or appearing on the
Site. Provider does not assume any liability or responsibility for the accuracy
of the content of any material provided on the Site. Provider does not assume
any liability or responsibility for damage or injury to persons or property
arising from the use of any information or material of any nature provided on
the Site. Provider reserves the right, at any time, to modify or to stop
providing any component or feature of the Site.
3. Privacy Statement
Our Privacy Statement has
additional detail about Site privacy.
4. User Rules for the Site
By using the Site, you agree that you will not undertake any of the
following actions:
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Use the Site for any purpose which would violate any local, state, federal or
international law;
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Post material that is unlawful, obscene, threatening, defamatory, bigoted,
racially offensive, hateful, or embarrassing to any person or entity as
determined solely by Provider;
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Post material that advocates illegal activity or discusses illegal activities
with the intent to commit them;
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Post material which infringes in any way upon copyright or intellectual
property rights of others;
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Post advertising or any form of business solicitation;
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Engage in any other conduct which, in the opinion of Provider, inhibits or
restricts others from using and enjoying the service;
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Impersonate another person;
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Post chain letters; or
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Post the same material more than once (commonly known as "spamming").
Users who violate the above Rules or Terms and Conditions of the
Site may receive a warning from Provider stating that User has committed a
violation and that further violations may result in the termination of User's
account. With or without warning, Provider, in its sole discretion, may
terminate User's account when these Rules and/or Terms and Conditions are
violated. Provider will also make every effort to remove material or postings
on the Site that are in violation of the Rules or the Terms and Conditions.
If you use the chat rooms, message boards or other interactive
areas found on the Site, you are solely responsible for your communications and
the consequences of posting those communications. FASTHockey does not assume
any liability or responsibility for the consequences of such communications. If
you feel threatened or believe that you or someone else may be in danger,
contact your local law enforcement agency immediately.
FASTHockey reserves the right to monitor, edit, and disclose
material of any nature posted on the message boards or chat rooms to determine
compliance with the Terms and Conditions set forth herein, to comply with law,
to protect our rights as Provider, or to protect the safety of Users of the
Site. While providing ourselves the right to screen activities, materials and
communication on the Site, we assume no responsibility to our Users or to
others as a result of screening or for failure to do so.
5. Copyrighted Materials
Copyrighted material of any nature including, but not limited to,
text, photography, writings, drawings, music, sound, videos, computer programs,
or other software may not be posted on the Site without the express written
consent of the owners of the copyright of said material.
User should assume that any material, information, software, or any
other content on the Site is protected by copyright. User may not copy,
reproduce, retransmit, distribute, publish, use for any commercial purpose, or
otherwise transfer any copyrighted material. User may download a single copy of
the material from the Site, and that single copy is solely for User's personal
use. User does not acquire any ownership rights by downloading copyrighted
material.
User is solely responsible for compliance with any copyright,
trademark, or other proprietary right which may apply to any material of any
nature found on the Site.
6. Limitation of Liability and Warranties
THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED ON
AN "AS IS" BASIS. USER AGREES TO USE THE SITE SOLELY AT USER'S OWN RISK. TO THE
FULLEST EXTENT PROVIDED BY LAW, PROVIDER DISCLAIMS ANY AND ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES RELATING TO THE QUALITY,
ACCURACY, OR CONTENT OF ANY AND ALL MATERIAL, INFORMATION, PRODUCTS, OR
SERVICES POSTED ON OR ACCESSED THROUGH THE SITE, AS WELL AS ANY WARRANTIES OF
TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
Provider is not liable for the conduct of other Users or third
parties and the risk of injury from the foregoing rests entirely with User.
Provider is not liable for damages of any nature including, without
limitation, direct, indirect, incidental, consequential, or special damages
arising out of User's use of the Site or inability to access or use the Site or
out of any breach of any warranty.
7. Links to Other Sites
The Site contains links to other websites, sometimes called "third
party" websites. Provider is not responsible for the content of linked third
party sites and does not make any representation, warranty, or endorsement with
respect to any content or material or the accuracy of any content or material
on such third party websites.
8. Advertisements
The Site contains advertisements by third parties. The
advertisements may contain links to other websites. Provider does not make any
representation, warranty, or endorsement of any product or the content or
accuracy of any materials contained in, or linked to, any advertisement on the
Site.
9. Servicemarks and Trademarks
FASTHockey, FASTHockey.com logos, and "The World's Premier OnLine
Hockey Community " are servicemarks of FASTHockey All other servicemarks and
trademarks appearing on the Site belong to their respective owners.
11. Notice
Provider may give notice to Users by means of a general notice on
the Site. User may give notice to Provider; such notice shall be deemed given
when received by provider at any time by any of the following:
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electronic mail to service@fasthockey.com; or
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letter telecopied to Provider at the following fax number: 781.644.6044.
12. Indemnification
User agrees to indemnify and hold Provider harmless from any
dispute that may arise from a breach of the terms of this Agreement. User
agrees to indemnify and hold harmless Provider from any cause of action, claims
and expenses, including reasonable attorney's fees and court costs, related to
a violation of this Agreement, and its Terms and Conditions and as a result of
any information, material, or content placed on the Site by User.
13. Choice of Law
This Agreement and the Terms and Conditions set forth herein shall
be construed under and governed by the laws of the Commonwealth of
Massachusetts, and any dispute arising from this Agreement or a breach of this
Agreement will be governed by the laws of the Commonwealth of Massachusetts.
User agrees to personal jurisdiction by the state and federal courts sitting in
the Commonwealth of Massachusetts. If you have any questions about this
provision, you should consult with your own attorney.
14. Merger Clause
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes any and all
other agreements, communication (written or oral) between Provider and User.
Provider may amend this Agreement or impose new conditions at any time by
notice from Provider to User as published through the Site. Any use of the Site
by User after such notice shall be deemed to constitute acceptance by User of
such amendments, modifications, or new conditions.
It is understood and agreed that if any part, term, or provision of
this Agreement is held by a court to be illegal or in conflict with any law of
the Commonwealth of Massachusetts, the validity of the remaining terms of this
Agreement shall not be altered, and the rights and obligations of the parties
shall be construed and enforced as if the Agreement did not contain the part,
term, or provision held invalid.