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Privacy Policy - LI STARS HOCKEY

Privacy Policy

TERMS OF USE:


Last Updated: _______
The Long Island Stars Hockey Club (hereinafter “LIS”) is pleased to provide to you its site(s),
software, applications, content, products and services (hereafter referred to the “LIS Services”)
These terms govern your use and our provision of the LIS Services on which these terms are
posted, as well as LIS Services we make available on third-party sites and platforms if these
terms are disclosed to you in connection with your use of the LIS Services. PLEASE READ
THESE TERMS CAREFULLY BEFORE USING THE LIS SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL
BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE
TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE
LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN
THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL
LAW WILL PREVAIL.

  1. Contract between You and Us
    This is a contract between you and LIS, a New York corporation? located at 488 Village Oaks
    Lane, Babylon, NY 11702, or between you and any different service provider identified for a
    particular LIS Service. You must read and agree to these terms before using this website. If you
    do not agree, you may not use this website. These terms describe the limited basis on which the
    LIS Services are available and supersede prior agreements or arrangements.
    Supplemental terms and conditions may apply to some LIS Services, such as rules for a
    particular competition, service or other activity, or terms that may accompany certain content or
    software accessible through the LIS Services. Supplemental terms and conditions will be
    disclosed to you in connection with such competition, service or activity. Any supplemental
    terms and conditions are in addition to these terms and, in the event of a conflict, prevail over
    these terms.
    We may amend these terms. Any such amendment will be effective thirty (30) days following
    either our dispatch of a notice to you or our posting of the amendment on the LI SServices. If
    you do not agree to any change to these terms, you must discontinue using the LIS Services. Our
    representatives are not authorized to modify any provision of these terms, either verbally or in
    writing.
    We may immediately terminate this contract with respect to you (including your access to the
    LIS Services) if you fail to comply with any provision of these terms.
  2. LIS Services
    The LIS Services are for your personal, noncommercial use and are intended for informational
    and entertainment purposes only. They do not constitute legal, financial, professional, medical
    or healthcare advice or diagnosis and cannot be used for such purposes.
    The LIS Services are our copyrighted property or the copyrighted property of our licensors or
    licensees and all trademarks, service marks, trade names, trade dress and other intellectual
    property rights in the LIS Services are owned by us or our licensors or licensees. Except as we
    specifically agree in writing, no element of the LIS Services may be used or exploited in any way
    other than as part of the LIS Services offered to you. We do not transfer title to any portion of the
    LIS Services to you.
    Content and Software License
    If a LIS Service is configured to enable the use of software, content, virtual items or other
    materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable,
    non-transferable license to access and use such software, content, virtual item or other material
    for your personal, noncommercial use only.
    You may not circumvent or disable any content protection system or digital rights management
    technology used with any LIS Service; decompile, reverse engineer, disassemble or otherwise
    reduce any LIS Service to a human-readable form; remove identification, copyright or other
    proprietary notices; or access or use any LIS Service in an unlawful or unauthorized manner or in
    a manner that suggests an association with our products, services or brands. You may not access
    or use any LIS Service in violation of United States export control and economic
    sanctions requirements. By acquiring services, content or software through the LIS Services,
    you represent and warrant that your access to and use of the services, content or software will
    comply with those requirements.
    Disclaimers and Limitation on Liability
    THE LIS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM
    ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET
    OUT IN THESE TERMS.
    WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR
    CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY
    DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
    NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE
    RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT
    SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
    OF ACTION EXCEED ONE HUNRED U.S. DOLLARS (US $100.00).
    THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A
    CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED
    UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
    Changes to the LIS Services
    The LIS Services are constantly evolving and will change over time. If we make a material
    change to the LIS Services, we will provide you with reasonable notice and you will be entitled
    to terminate this contract.
    Additional Restrictions on Use of the LIS Services
    We do not allow uses of the LIS Services that are commercial or business-related, or that
    advertise or offer to sell products or services (whether or not for profit), or that solicit others.
    You agree not to knowingly or recklessly introduce a virus or other harmful component, or
    otherwise tamper with, impair or damage any LIS Service or connected network, or interfere
    with any person or entity’s use or enjoyment of any LIS Service. Additionally, you agree not to
    access, monitor or copy, or permit another person or entity to access, monitor or copy, any
    element of the LIS Services using a robot, spider, scraper or other automated means or manual
    process without our express written permission.
    Third-Party Services and Content
    The LIS Services may integrate, be integrated into, or be provided in connection with third-party
    services and content. We do not control those third-party services and content. You should read
    the terms of use agreements and privacy policies that apply to such third-party services and
    content.
    If you access a LIS Service using an Apple iOS, Android or Microsoft Windows-powered device
    or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be
    a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party
    to this contract and are not responsible for the provision or support of the LIS Services. You
    agree that your access to the LIS Services using these devices also shall be subject to the usage
    terms set forth in the applicable third-party beneficiary’s terms of service.
    Mobile Networks
    When you access the LIS Services through a mobile network, your network or roaming
    provider’s messaging, data and other rates and fees will apply. Downloading, installing or using
    certain LIS Services may be prohibited or restricted by your network provider and not all LIS
    Services may work with your network provider or device.
  3. Your Content and Account
    User Generated Content
    The LIS Services may allow you to communicate, submit, upload or otherwise make available
    text, images, audio, video, competition entries or other content (“User Generated Content”),
    which may be accessible and viewable by the public. Access to these features may be subject to
    age restrictions. You may not submit or upload User Generated Content that is defamatory,
    harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise
    offensive or that harms or can reasonably be expected to harm any person or entity, whether or
    not such material is protected by law.
    We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights,
    trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property
    rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute,
    copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly
    perform, make available and otherwise exploit such User Generated Content, in whole or in part,
    in all media formats and channels now known or hereafter devised (including in connection with
    the LIS Services and on third-party sites and platforms such as Facebook, YouTube and Twitter),
    in any number of copies and without limit as to time, manner and frequency of use, without
    further notice to you, with or without attribution, and without the requirement of permission from
    or payment to you or any other person or entity.
    You represent and warrant that your User Generated Content conforms to these terms and that
    you own or have the necessary rights and permissions, without the need for payment to any other
    person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated
    Content in all manners contemplated by these terms. You agree to indemnify and hold us and
    our subsidiary and affiliated companies, and each of their respective employees and officers,
    harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made
    against us by any third party arising out of or in connection with our use and exploitation of your
    User Generated Content. You also agree not to enforce any moral rights, ancillary rights or
    similar rights in or to the User Generated Content against us or our licensees, distributors, agents,
    representatives and other authorized users, and agree to procure the same agreement not to
    enforce from others who may possess such rights.
    To the extent that we authorize you to create, post, upload, distribute, publicly display or
    publicly perform User Generated Content that requires the use of our copyrighted works, we
    grant you a non-exclusive license to create a derivative work using our copyrighted works as
    required for the purpose of creating the materials, provided that such license shall be conditioned
    upon your assignment to us of all rights in the work you create. If such rights are not assigned to
    us, your license to create derivative works using our copyrighted works shall be null and void.
    We have the right but not the obligation to monitor, screen, post, remove, modify, store and
    review User Generated Content or communications sent through a LIS Service, at any time and
    for any reason, including to ensure that the User Generated Content or communication conforms
    to these terms, without prior notice to you. We are not responsible for, and do not endorse or
    guarantee, the opinions, views, advice or recommendations posted or sent by users.
    Accounts
    Some LIS Services permit or require you to create an account to participate or to secure
    additional benefits. You agree to provide and maintain accurate, current and complete
    information, including your contact information for notices and other communications from us
    and your payment information. You agree not to impersonate or misrepresent your affiliation
    with any person or entity, including using another person’s username, password or other account
    information, or another person’s name or likeness, or provide false details for a parent or
    guardian. You agree that we may take steps to verify the accuracy of information you provide,
    including contact information for a parent or guardian.
    We have adopted and implemented a policy that provides for the termination, in appropriate
    circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we
    may suspend or terminate your account and your ability to use the LIS Services if you engage in,
    encourage or advocate for illegal conduct, or if you fail to comply with these terms or any
    supplemental terms.
    Passwords and Security
    You are responsible for taking reasonable steps to maintain the confidentiality of your username
    and password, and you are responsible for all activities under your account that you can
    reasonably control. You agree to promptly notify us of any unauthorized use of your username,
    password or other account information, or of any other breach of security that you become aware
    of involving your account or the LIS Services.
    The security, integrity and confidentiality of your information are extremely important to us. We
    have implemented technical, administrative and physical security measures that are designed to
    protect your information from unauthorized access, disclosure, use and modification.
  4. Paid Transactions
    Identity of Seller
    Sales are made by LIS or the seller identified at the time of sale, if different. If you have
    questions about your order, please contact the seller at the address provided and they will assist
    you. Some storefronts on the LIS Services are operated by third parties and, in that case,
    different or additional sale terms may apply, which you should read when they are presented to
    you.
    The Order Process
    You will have the opportunity to review and confirm your order, including delivery address (if
    applicable), payment method and product details. We will send to you a notice when we accept
    your order and our acceptance will be deemed complete and for all purposes to have been
    effectively communicated to you at the time we send the notice. At such time, the contract for
    sale will be made and become binding on both you and us. The risk of loss in any goods you
    purchase and the responsibility to insure them passes to you when the relevant goods are
    delivered.
    We reserve the right to refuse or cancel any order prior to delivery. Some situations that may
    result in your order being cancelled include system or typographical errors, inaccuracies in
    product or pricing information or product availability, fairness among customers where supplies
    are limited, or problems identified by our credit or fraud departments. We also may require
    additional verification or information before accepting an order. We will contact you if any
    portion of your order is cancelled or if additional information is required to accept your order.
    Payments and Billing
    When you provide payment information, you represent and warrant that the information is
    accurate, that you are authorized to use the payment method provided, and that you will notify us
    of changes to the payment information. We reserve the right to utilize third party credit card
    updating services to obtain current expiration dates on credit cards. If your credit card fails
    payment for any reason, including but not limited to unauthorized use, credit limit reached,
    fraud, theft, or charge reversal, you shall remain fully liable to LIS Services responsible for any
    and all fees including but not limited to the face amount of said payment, credit card fees
    incurred by you and LIS Services, and fees associated with legal collection, including but not
    limited to reasonable attorneys fees. LIS Services may, but does not have to, notify you of any
    card payment that fails payment.
    If you are paying by check, two forms of identification must be provided at the time that the
    check is presented. If any check fails payment for any reason, you are fully responsible for any
    and all fees including but not limited to the face amount of said check, banking fees incurred by
    you and LIS Services, and fees associated with legal collection, including but not limited to
    reasonable attorneys fees. LIS Services may, but does not have to, notify you of any check that
    fails payment.
    All orders must be paid in full by you at the time of ordering. In any specific instance where a
    deposit it paid by you, LIS Services reserves the right to defer product ordering and/or delivery
    to you until any remaining balance is paid in full by you.
    Right of Cancellation; Return of Goods
    Equipment, Goods and Services:
    Items, including but not limited to Equipment and Goods purchased by you may be returned
    within seven (7) calendar days of your receipt of said Equipment and Goods for sizing issues and
    product defect only. All Equipment and Goods must be in new condition, with tags and labels
    attached, and in the original packaging. LIS Services may determine that the Equipment and
    Goods can be re-ordered and replaced, but does not guarantee the time frame, condition, or
    merchantability of the replacement Equipment and Goods. You agree to indemnify and hold LIS
    Services harmless for any loss suffered by you by reason of any product defect or sizing issues,
    delays, or inability to replace said Equipment and Goods, associated with the return of said
    Equipment and Goods. LIS Service’s sole liability shall be limited to the refund of your
    payment for said Equipment and Goods.
    .Personalized Goods
    Please note that the rights of cancellation and return do not apply for personalized goods.
    Cancellations and changes to personalized goods cannot be made once you have submitted your
    order and personalized items cannot be returned unless there is a manufacturing error or product
    defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of
    our personalization service will cause your order to be cancelled and any payment refunded.
    Services
    Services, such as hockey camps, seminars, and tournaments are by invitation only and at the
    complete discretion of LIS and LIS services. You and or your child, as the case may be, may be
    invited to attend camp, seminars and/or tournaments, and it is your sole responsibility to register
    and pay for you and your child’s participation in same. Refunds for services, as described
    herein, are at the sole discretion of the service organization. You agree to hold LIS and LIS
    Services harmless for any loss suffered by reason of any failure by the service organization to
    refund you for any reason.
    Notwithstanding anything to the contrary Tournaments are viable and will usually operate with a
    minimum of four (4) tournament games. Upon becoming viable, there are absolutely no refunds,
    credits, vouchers, or transfers to a future season, no matter the circumstances (which also
    includes, but is not limited to illness or injury). Prior to viability there is a processing fee for
    any/all event refunds. That fee will be 5% of the refunded amount (including any applicable
    taxes). If a tournament or camp does not become viable, full refunds will be issued to the
    registered player.
    Tournaments, camps and seminars must be paid in full at least fourteen (14) calendar days prior
    to the tournament. Payments will not be accepted thereafter and under no circumstances will any
    payments be accepted on the day of the event. Refunds will not be given for any tournament,
    camp or seminar for any reason after the registration deadline. Please refer to the specified
    payment deadline and participation rules for each tournament, camp and seminar.
    Roster spots will not be held until payment is received in full. No exceptions
    Pricing; Taxes
    We may revise the pricing for products and services we offer. When you place your order, we
    estimate the tax and include that estimate in the total for your convenience. The actual tax
    amount that will be applied to your order and charged to your payment method is based on
    calculations on the date of shipment, regardless of when the order was placed.
  5. Binding Arbitration and Class Action Waiver
    You and LIS agree to arbitrate all disputes between you and LIS or its affiliates, except disputes
    relating to the enforcement of LIS or its affiliates’ intellectual property rights. “Dispute”
    includes any dispute, action or other controversy between you and us concerning the LIS, LIS
    Service or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or
    equitable basis. You and LIS empower the arbitrator with the exclusive authority to resolve any
    dispute relating to the interpretation, applicability or enforceability of these terms or formation of
    this contract, including the arbitrability of any dispute and any claim that all or any part of these
    terms are void or voidable.
    In the event of a dispute, you or LIS must send to the other party a notice of dispute, which is a
    written statement that sets forth the name, address and contact information of the party giving the
    notice, the facts giving rise to the dispute and the relief requested. You must send any notice of
    dispute to LIS, Long Island Stars 488 Village Oaks Lane, Babylon, NY 11702. We will send
    any notice of dispute to you at the contact information we have for you. You and LIS will
    attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the
    notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may
    also litigate a dispute in small claims court if the dispute meets the requirements to be heard in
    small claims court, whether or not you negotiated informally first.
    If you and LIS do not resolve a dispute by informal negotiation or in small claims court, the
    dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be
    final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE
    GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR
    JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”)
    under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related
    Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879.
    Arbitration may be conducted in person, through the submission of documents, by phone or
    online. The arbitrator may award damages to you individually as a court could, including
    declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
    Arbitration will take place in Suffolk County, New York, and you and LIS agree to submit to the
    personal jurisdiction of the federal or state courts located there, in order to compel arbitration,
    stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award
    entered by the arbitrator.
    PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE
    CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor LIS will seek to have a dispute
    heard as a class action, private attorney general action, or in any other proceeding in which either
    party acts or proposes to act in a representative capacity. No arbitration or proceeding can be
    combined with another without the prior written consent of all parties to the arbitration or
    proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some
    parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining
    parts proceeding in arbitration.
    Choice of Forum
    You agree that any action at law or in equity arising out of or relating to these terms or LIS or
    LIS Services that is not subject to arbitration shall be filed, and that venue properly lies, only in
    the state or federal courts located in the County of Suffolk, State of New York, United States of
    America and you consent and submit to the personal jurisdiction of such courts for the purposes
    of litigating such action.
    Choice of Law
    These terms are governed by and construed in accordance with the laws of the State of New
    York and the laws of the United States, without giving effect to any conflict of law principles.
    Severability
    If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that
    provision shall be deemed severable from these terms and shall not affect the validity and
    enforceability of any remaining provisions.
    Survival
    The provisions of these terms which by their nature should survive the termination of these terms
    shall survive such termination.
    Waiver
    No waiver of any provision of these terms by us shall be deemed a further or continuing waiver
    of such provision or any other provision, and our failure to assert any right or provision under
    these terms shall not constitute a waiver of such right or provision.
LI STARS HOCKEY