ACCEPTANCE
OF TERMS
The ICA provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. When using The ICA
Fitness and Conditioning website, you and The ICA shall be subject to
any posted guidelines or rules applicable to such services, which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
The ICA Fitness and
Conditioning website
currently provides users with access to a
rich collection of online coaching educational content over the
Internet. Unless explicitly stated otherwise, any new features that
augment or enhance the current services, including the release of new
online coaching information and services, shall be subject to the TOS.
You understand and agree that all services are provided "AS-IS" and that
The ICA assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the services, you must obtain
access to the World Wide Web, either directly or through devices that
access Web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and modem or
other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of
The ICA Fitness and
Conditioning website,
you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form (such
information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or The ICA has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, The ICA has the right to suspend
or terminate your account and refuse any and all current or future use
of
The ICA Fitness and
Conditioning website
services (or any portion thereof).
The ICA PRIVACY POLICY
Registration Data and certain other information about you are subject to
our Privacy Policy. For more information, please see our full privacy
policy at
Privacy
Policy.
MEMBER ACCOUNTS, PASSWORDS, AND SECURITY
Upon completion of the registration process
for
The ICA Fitness and
Conditioning website
services, you will have submitted and e-mail
address and created a password. You are responsible for preserving the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify The ICA of any unauthorized use of your
password
or account or any other breach of security. The ICA cannot and will not
be liable for any loss or damage arising from your failure to comply
with this section.
MEMBER CONDUCT
You understand that all information, data,
text, animation, video, audio, software, photographs, graphics,
messages, or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not The ICA, are
entirely responsible for all Content that you post, e-mail, or otherwise
transmit via The ICA's services. Under no circumstances will The ICA be
liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, e-mailed, or
otherwise transmitted via
The ICA Fitness and Conditioning website
services.
You agree to
not use
The ICA Fitness and Conditioning website
services to:
1.upload,
post, e-mail or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable;
2.
impersonate any person or entity, including, but not
limited to, a ICA official, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
3.
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through
The ICA Fitness and Conditioning website
services;
4.
upload, post, e-mail or otherwise transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
5.
upload, post, e-mail, or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright, or other
proprietary rights ("Rights") of any party;
6.
upload, post, e-mail, or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation that are designated for such purpose;
7.
upload, post, e-mail, or otherwise transmit any material
that contains software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or telecommunications equipment;
8.
interfere with or disrupt
The ICA Fitness and Conditioning website
services or servers or networks connected to
The ICA Fitness and
Conditioning website
services, or disobey any requirements, procedures, policies, or
regulations of networks connected to
The ICA Fitness and Conditioning website
services;
9.
intentionally or unintentionally violate any applicable
local, state, national, or international law, or any regulations having
the force of law;
10.
"stalk" or
otherwise harass another; or
11.
collect or store personal data about other users.
You agree
that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
You acknowledge and agree that
The ICA Fitness and Conditioning website
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of
third- parties; or (d) protect the rights, property, or personal safety
of The ICA, its users, and the public.
You understand that the
technical processing and transmission of
The ICA Fitness and Conditioning website
services, including Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks
or devices.
PUBLIC CONTENT POSTED TO THE ICA
With respect to all Content you elect to post, upload, input,
provide, or submit to
The ICA Fitness and Conditioning website
services, you grant
The ICA Fitness and Conditioning website
the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub
licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and
display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed.
INDEMNITY
You agree to indemnify and hold The ICA, and
its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to, or transmit through
The ICA Fitness and Conditioning website
services, your use of
The ICA Fitness and Conditioning website
services, your connection to
The ICA Fitness and Conditioning website
services, your violation of the TOS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell, or exploit for any commercial purposes, any portion of
The ICA Fitness and
Conditioning website,
use of
The ICA Fitness and Conditioning website
services, or access to
The ICA Fitness and
Conditioning website
services.
GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that The ICA reserves the
right to delete accounts that are inactive for an extended period of
time. You further acknowledge that The ICA reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
MODIFICATIONS TO SERVICE
The ICA reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
The ICA Fitness and
Conditioning website
services (or any part thereof) with or without notice. You agree that
The ICA shall not be liable to you or to any third party for any
modification, suspension or discontinuance of
The ICA Fitness and Conditioning website
services.
TERMINATION
You agree that The ICA, in its sole
discretion, may terminate your password, username, account (or any part
thereof) or use of
The ICA Fitness and Conditioning website
services, and remove and discard any Content within
The ICA Fitness and Conditioning website
services, for any reason, including, without limitation, for lack of use
or if The ICA believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. The ICA may also in its sole
discretion and at any time discontinue providing
The ICA Fitness and Conditioning website
services, or any part thereof,
with or without notice.
You agree that any termination of your access to
The ICA Fitness and Conditioning website
services under any provision
of this TOS may be effected without prior notice, and acknowledge and
agree that The ICA may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further
access to such files or
The ICA Fitness and Conditioning website
services. Further, you agree that The ICA shall not be liable to you or
any third-party for any termination of your access to
The ICA Fitness and Conditioning website
services.
REFUND POLICY
The exterior section of
The ICA Fitness and Conditioning website
has been designed to provide you with a detailed outline of the contents
of the website and it's offerings. Please ensure you examine the
content
outline before purchasing your subscription. Once you subscribe to
The ICA Fitness and Conditioning website
there will be no refunds.
DEALINGS WITH ADVERTISERS AND SPONSORS
Your correspondence or business dealings
with, or participation in promotions of, advertisers and sponsors found
on or through
The ICA Fitness and Conditioning website
services, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that The ICA shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on
The ICA Fitness and
Conditioning website
services.
LINKS
The ICA Fitness and
Conditioning website
services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because The ICA has no control over such
sites and resources, you acknowledge and agree that The ICA is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that The ICA shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any
such site or resource.
THE ICA PROPRIETARY RIGHTS
You acknowledge and agree that
The ICA Fitness and Conditioning website
services and any necessary content used in connection with
The ICA Fitness and
Conditioning website
services contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through
The ICA Fitness and Conditioning website
services or advertisers is protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. Except as
expressly authorized by The ICA or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works based on
The ICA Fitness and
Conditioning website
services or it’s content material, in whole or in part.
The ICA grants you a personal, non-transferable and non-exclusive right
and license to use the content material; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble, or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any rights. You agree not to modify the content
material in any manner or form, or to use modified versions of the
material, including (without limitation) for the purpose of obtaining
unauthorized access to
The ICA Fitness and Conditioning website
services. You agree not to access
The ICA Fitness and Conditioning website
services by any means other
than through the interface that is provided by
The ICA Fitness and Conditioning website
for use in accessing
The ICA Fitness and Conditioning website
services.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. Your use of
The ICA Fitness and Conditioning website
services is at your sole risk.
The ICA Fitness and Conditioning website
services are provided "as is" and "as available" basis. The ICA
expressly disclaims all warranties of any kind whether express or
implied.
2. The ICA makes no warranty that (i)
The ICA Fitness and Conditioning website
services will meet your requirements, (ii)
The ICA Fitness and Conditioning website
services will be uninterrupted, timely, secure, or error free, (iii) The
results that maybe obtained from the use of
The ICA Fitness and Conditioning website
services will be accurate or reliable, (iv) The quality of any products,
services, information, or other material obtained by you through
The ICA Fitness and
Conditioning website
services will meet your expectations, and (v) any errors in the material
will be corrected.
3. Any material downloaded or otherwise obtained through the use of
The ICA Fitness and
Conditioning website
services is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of
data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you
from
The ICA Fitness and
Conditioning website
or through or from
The ICA Fitness and Conditioning website
services shall create any
warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly understand and agree that The
ICA shall not be liable for any direct, indirect, incidental, special,
consequential, or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data, or other intangible
losses (even if The ICA has been advised of the possibility of such
damages), resulting from (i) The user or the inability to use
The ICA Fitness and
Conditioning website
services, (ii) The cost of procurement of substitute goods and services
resulting from any goods, data, information, or services purchased or
obtained or messages received or transactions entered into, through or
from
The ICA Fitness and Conditioning website
services, (iii) Unauthorized access to or alteration of your
transmissions or data, (iv) Statements or conduct of any third party of
The ICA Fitness and
Conditioning website
services, or (v) any other matter relating to
The ICA Fitness and Conditioning website
services.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations of
sections titled "Disclaimer of Warranties" and "Limitation of Liability"
may not apply to you.
NOTICE
Notices to you may be made via either e-mail
or regular mail.
The ICA Fitness and Conditioning website
services may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on
The ICA Fitness and
Conditioning website
services.
TRADEMARK INFORMATION
The ICA, The ICA logo, and other logos and
product and service names are trademarks of the Soccer Made Easy
Multimedia Group. Without The ICA's prior permission, you agree not to
display or use in any manner,
the The ICA Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
The ICA respects the
intellectual property of others, and we ask our users to do the same.
GENERAL
INFORMATION
The TOS constitute the entire agreement
between you and The ICA and govern your use of
The ICA Fitness and Conditioning website
services, superseding any prior agreements between you and The ICA. You
also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content,
or third-party software.
The TOS and the relationship between you and
The ICA shall be governed by the laws of the State of Connecticut
without regard to its conflict of law provisions.
You and The ICA agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Hartford, Connecticut. The failure of The ICA to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of
The ICA Fitness and Conditioning website
services or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
LEGAL DISCLAIMER
The techniques, ideas, and suggestions
in The ICA Fitness and Conditioning for Soccer Course are not intended as a substitute for proper medical
advice! Consult your physician or health care professional before
performing any new exercise or exercise technique.
Any application of the techniques, ideas, and suggestions in this course
is at the member’s sole discretion and risk.
The ICA,
consultants, authors and developers of this course and their employers
make no warranty of any kind in regard to the content of this document,
including, but not limited to, any implied warranties of
merchantability, or fitness for any particular purpose. The ICA,
consultants, authors and developers of this course are not liable or
responsible to any person or entity for any errors contained in this
course, or for any special, incidental, or consequential damage caused
or alleged to be caused directly or indirectly by the information
contained in this course.
VIOLATIONS
Report any violations
of the Terms of Service to
www.theica.com
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