Framingham Aikikai Members Section: User Agreement

Terms of Service

Framingham Aikikai provides the Service (as defined herein) to You, subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. You can review the most current version of the TOS at any time at: http://www.aikidoframingham.com/members/FATerms.html. Your use of the Service constitutes your acceptance of the TOS.

Service Description

Framingham Aikikai provides Users with access to a collection of resources and various communications tools online at the Framingham Aikikai Members Area (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOS. Framingham Aikikai may change, suspend or discontinue any aspect of the Service at any time. Framingham Aikikai may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. In order to use the Service, 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. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party.

Links

The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. Framingham Aikikai may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by Framingham Aikikai of any Other Site(s) or resources, or their content.

Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, Framingham Aikikai content; (c) shall not imply that Framingham Aikikai is endorsing or sponsoring it or its products; (d) shall not present false information about Framingham Aikai or its offerings; (e) shall not use Trademarks without the prior written permission from Framingham Aikikai; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.

Representations and Warranties

You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.

You agree that you will not collect personal information about other Users and will not send mass, unsolicited electronic mailings, chain letters, or "pyramid schemes" to Users of the Service.

Your Content

Framingham Aikikai permits you to upload information, advice, text, data, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not Framingham Aikikai, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. Framingham Aikikai cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.

Framingham Aikikai does not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.

You acknowledge that we do not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.

You acknowledge and agree that Framingham Aikikai may archive Your Content and may also disclose Your Content at any time and for any reason.

Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.

Site Integrity

You will not attempt to gain access to the Service's private system areas or to other areas to which you are not expressly permitted access and you shall not reverse engineer or attempt to reverse engineer any portion of the Service. Framingham Aikikai will prosecute those who illegally threaten the functionality of the Services. You agree that if any of Your activities conducted in violation of this Agreement are found to disrupt or damage Framingham Aikikai's hardware, software, system or their functions, You will reimburse Framingham Aikikai for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Framingham Aikikai arising out of Your activities.

Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRAMINGHAM AIKIKAI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. FRAMINGHAM AIKIKAI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FRAMINGHAM AIKIKAI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, FRAMINGHAM AIKIKAI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

FRAMINGHAM AIKIKAI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FRAMINGHAM AIKIKAI BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR FRAMINGHAM AIKIKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL FRAMINGHAM AIKIKAI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity

You agree to defend, indemnify and hold harmless Framingham Aikikai with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, Framingham Aikikai retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Framingham Aikikai herein under the terms and provisions of this Section of the agreement and in no event shall you settle any such claim without Framingham Aikikai's prior written approval.

Governing Law

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

Notices

Whenever, under the provisions of this TOS, you are required or permitted to give notice to Framingham Aikikai, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to Framingham Aikikai at the following address:

Framingham Aikikai
61 Fountain Street
Framingham, MA 01702

Whenever, under the provisions of this TOS, Framingham Aikikai is required or permitted to give notice to you, Framingham Aikikai may send an e-mail to the e-mail address on record. If you have not provided accurate contact information or if you are not registered with the Service, Framingham Aikikai may, but is not obligated to, send a notice to you in any reasonable way.

Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.

You may not assign, transfer, or delegate your duties and obligations under this TOS, your benefits under this TOS, or your User account to anyone without the express written consent of Framingham Aikikai.

Privacy Policy

This Privacy Policy statement discloses Framingham Aikikai's privacy practices and is incorporated into and is subject to the Terms of Service. By entering into the Agreement, you expressly consent to Framingham Aikikai's use and disclosure of Your personal information in accordance with this Privacy Policy. This privacy policy is applicable to the Website(s) located at www.aikidoframingham.com and other sites which may link to this privacy statement (the "Site") and are operated by Framingham Aikikai.

Information Collection and Use

Framingham Aikikai is the sole owner of the information collected from its Users. Except as required by law, subpoena or court order, Framingham Aikikai will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

Registration

Any student of Framingham Aikikai may request a User Account to access Services found in the Framingham Aikikai Members Area. If You request a User Account, You may need to provide us with personally identifiable information. This information is used to identify the specific User utilizing the Services. The User may provide optional identifying information, demographic information, and unique identifiers to enable us to provide a more personalized experience on the site.

Cookies

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 user ID, preferences and other convenient usage information. 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. Additionally, accepting cookies allows You, among other things, to personalize Your experience on the Site. If You do not want to allow information to be collected through the use of cookies, You can generally 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 an acceptable user experience if You have disabled the use of cookies.

Log Files

Framingham Aikikai uses IP addresses to analyze trends, administer the Site, and track Site usage. IP addresses are linked to personally identifiable information for security and operational purposes only.

Correspondence

Framingham Aikikai may retain correspondence from Users for tracking purposes only and, except as required by law or to assist in enforcing the Agreement, will not use it for any secondary purpose or to send You unsolicited electronic mail.

Use of Personal Information

Framingham Aikikai will not give, sell, rent, share, or trade any personal information about You to third parties or provide Your personal information, including your name or electronic mail address, to third parties except as required by law, subpoena or court order. Framingham Aikikai may disclose Your username, name, address, electronic mail, and other personal information as it believes necessary or appropriate in connection with an investigation for fraud, intellectual property infringement, piracy, or other illegal activity as well as dispute resolution and enforcement of the Agreement. Framingham Aikikai may partner with other parties to provide specific services. If the User signs up for these services, Framingham Aikikai will share names or other contact information as necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links

This Site contains links to other web sites. Please be aware that Framingham Aikikai is not responsible for the privacy practices of such other sites. We encourage our Users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information.

Privacy of Other Users

Your use of other Users' personal information obtained through Framingham Aikikai is strictly limited to communications that are not unsolicited commercial messages. In all cases, You must give Users an opportunity to remove themselves from Your database and a chance to review what information You have collected about them. In addition, except as defined in this section, you may not disclose personal information about another User to any third party without Framingham Aikikai's consent and the consent of such other User after adequate disclosure.

Newsletters and Site Emails

Framingham Aikikai may offer newsletters and other email communications to share information with you such as news, information available on the Site, and certain features the Site may choose to offer. You may opt out of receiving these communications by changing your user preferences in the User Registry.

Site and Service Updates

Framingham Aikikai may send its Users Site and Service announcement updates. Users are not able to un-subscribe from Service announcements, which contain important information about the Service. Framingham Aikikai communicates with the User to provide requested Services and in regards to issues relating to their account via electronic mail or phone.

Correcting/Updating Personal Information

If Your personally identifiable information changes (such as your zip code), Framingham Aikikai will endeavor to provide a way to correct or update the personal data You provided to it. This can usually be done at the User Registry page or by contacting Framingham Aikikai through phone, mail, or e-mail.

Removing Personal Information and Content

Framingham Aikikai will remove Your contact information from its current database if You decide that You no longer want to use Framingham Aikikai's services and request to be removed from the database. Framingham Aikikai may in some circumstances retain information that You have requested removed to resolve disputes, troubleshoot problems and enforce the Agreement. Further, such prior information is never completely removed from Framingham Aikikai's databases due to technical constraints and the fact that Framingham Aikikai backs up its systems. Accordingly, Your personal information might not be completely removed from Framingham Aikikai's databases in response to Your requests.

Notification of Changes

By using this Site, you signify your agreement to the terms of this privacy policy. Framingham Aikikai may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the email address associated with your account or by placing a prominent notice on the Site. Your continued use of the Site shall constitute your acceptance of such revised privacy policy.

Security

The Site incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Our security policies are reviewed periodically and revised as required.

No Warranties

Due to technical, legal and practical limitations, Framingham Aikikai cannot warrant and does not guarantee, and You should not expect, that all of Your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Framingham Aikikai may disclose information to governmental authorities or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You authorize Framingham Aikikai to disclose any information about You to law enforcement or other government officials as Framingham Aikikai, in its sole discretion, believes necessary, prudent or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose Framingham Aikikai to legal liability.