This Terms of Use Agreement and statement of certain Store Policies (the “Agreement”) constitutes a binding legal contract between you and Duralite Soccer Goals Corp (“Duralite”), the owner and operator of the website which can be found at Soccergoals.net (the “Site”). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time.
Duralite takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here.
General Conditions of Use
Duralite hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to continue to use the Site. Your use of the Site is at the sole discretion of Duralite, which may deny you further use of the Site at any time, for any reason, with or without cause.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
• 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 or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;
• impersonate any person or entity, including, but not limited to, a Duralite official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
• 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, network, hardware or telecommunications equipment;
• upload, post, e-mail, or otherwise transmit any content that involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”;
• falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
• solicit passwords or personal identifying information from other users for commercial, unauthorized or unlawful purposes;
• advertise or offer to sell or buy any goods or services for any business purpose; or
• do any other act which is otherwise inappropriate for the Site, in Duralite’ sole judgment.
Access and Interference
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Duralite is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Duralite. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Duralite or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Duralite’ name or trademarks without the express written consent of Duralite.
Coupon Policy
The Duralite coupon is available in the advertisements inserted into participating newspapers or via Duralite’s Facebook Fan Page. Coupons are not available in our online ads or ads sent via email. Coupons are not available in Duralite stores.
One coupon per customer per day. Original coupon must be surrendered at time of purchase. May not be used for prior purchases or combined with any other coupon, offer or discount. Valid at Duralite stores only. Limited to stock on hand. No reproductions or electronic images accepted. Void where prohibited. (As of May 2, 2010)
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
• Duralite grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in or other intellectual property included on the Site.
• Duralite, the Duralite logo, Soccergoals.net, the Soccergoals.net logo, soccergoals.net and other trademarks, service marks, logos, product names and service names (collectively, the “Marks”) are owned or licensed by Duralite Soccer Goals Corp You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Duralite.
• You may not utilize the Site design or layout. Page headers, custom graphics, button icons, scripts and other elements of the Site are service marks, trademarks, and/or trade dress of Duralite may not be copied, imitated, or used, in whole or in part, without the prior written permission of Duralite.
• The entire Site, and all object code and source code associated therewith, are copyright 1997 – 2011 Duralite Soccer Goals Corp All rights reserved. The arrangement and compilation of all content on this Site are the exclusive property of Duralite and are protected by U.S. and international copyright laws. All software used on this Site is the property of Duralite or its software licensors and is protected by United States and international copyright laws.
No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written consent of Duralite.
Third Party Copyrights
Duralite respects the intellectual property of authors and creators of visual images and we ask our customers to do the same. A copyright exists in nearly all images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. Duralite and its customers are each subject to the copyright laws.
You represent and warrant that you possess all necessary rights to use the content that you submit to Duralite, whether in our stores or through the Site, and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. By submitting content, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that Duralite deems appropriate, in our sole and exclusive discretion.
If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to Other Sites; Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of Duralite. Please note that Duralite is not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Site. Accordingly, Duralite can neither make a representation concerning the content of these sites to you nor can the fact that Duralite has provided this link serve as an endorsement by Duralite of this or any other site. In creating hypertext links to any other website, Duralite is not recommending that website or giving any assurances as to its standing. Duralite is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Duralite makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent.
Comments and Submissions
Duralite appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit directly to us (collectively, “Your Comments”). Duralite is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of Duralite upon receipt, which means that Duralite shall own all right, title and interest in and to Your Comments.
Users of the Site are able to make certain comments, reviews, submissions and messages that are publicly-accessible on the Site (collectively, “Public Postings”). When you submit Public Postings, you grant Duralite, and all others who access the Public Postings, the worldwide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Public Postings (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed. Duralite shall have the right to use photos or other images you submit to us or post on the Site, such as images of you with your soccer goal, in marketing materials, advertising or in any other manner, so long as such images do not include personally identifying text, without securing your additional approval.
Duralite has no obligation to monitor postings, however, you acknowledge that Duralite has the right (but not the obligation) in their sole discretion to refuse, delete or move any Public Posting that is made on the Site. In particular, but without limitation, Duralite shall have the right to remove any Public Posting that violates this Agreement, applicable law, or is otherwise objectionable as determined by Duralite in its sole discretion.
You understand that if you include your email address in any Public Posting to the Site, that you may receive unsolicited emails for which Duralite bears no responsibility.
Indemnification
You agree to defend, indemnify, and hold completely harmless Duralite and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Duralite, arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DURALITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, DURALITE’ EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS;
• DURALITE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND
• DURALITE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
DURALITE MAKES NO WARRANTY THAT:
• YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
• ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND 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.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DURALITE OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY. DURALITE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitations and Exclusions of Liability
IN NO EVENT SHALL DURALITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DURALITE 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 DURALITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
• THE USE OR THE INABILITY TO USE THE SITE;
• ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
• ANY OTHER MATTER RELATING TO THE SITE.
DURALITE SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, DURALITE’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST DURALITE ARISING OUT OF THE USE OF THE SITE.
Modification
Because of the dynamic nature of the Internet environment, Duralite may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Duralite with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.
The terms herein as they relate to any services or merchandise made available on the Site are supplemented by our statement related to Your Privacy Rights. To view this statement, click here.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
This Agreement, the entire relationship between you and Duralite, and any litigation or other legal proceeding between you and Duralite (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
This contract is fully performable in Los Angeles, CA. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Los Angeles County, California. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Duralite may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Waiver
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review Your Privacy Rights.
Contact Information
If you have a comment, question or request, or if you need to contact Duralite for any other reason, please click here.
Effective Date: 7/11
