IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS.
CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.
This is an agreement between you ("You") and D1Scout (the "Company"). The entities are all under the same ownership, and when referring to D1Scout in this policy, all three entities are being spoken for. "We" and "Us" means both You and the Company.
Table of Contents
OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the "Content") including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. Any graphic elements created by the Company for use on your site remain the exclusive property of the Company.
The Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download the Content.
RESTRICTIONS ON USE
You agree that You will not: (i) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or (ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of: (i) any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence; or (ii) Your use or misuse of the Content or this web site, including without limitation infringement claims
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
These terms and conditions and any and all legal notices on this web site constitute the entire agreement between You and the Company with respect to the use of this web site and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
Initial Term. Service is provided for either a term of thirty (30) days or one (1) year, depending on whether you select a "monthly" plan or an "annual" plan (the "Term"). In either case, the initial Term begins on the date that you register and purchase the Service (the "Commencement Date"). You are purchasing the Service for the full length of the applicable Term. This means that if you terminate Service prior to the end of the then current Term (which shall constitute a Default as described), you will be responsible for the full Term's charges as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, and any applicable site disconnection fee, as described (collectively, "Default Charges" if assessed). In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
ONLINE REGISTRATION & RECEIVING PAYMENTS
If you organization has chosen to implement the Online Registration module, Tournament Manager, Online Store with online payments and or credit card processing, that tool will be added to the secure section of d1scout.com. This site has been encrypted and secured in using GoDaddy SSL technology and the GoDaddy Secure Certificate. You must also have a PayPal business account and have already been approved by D1Scout to use these facilities. If you do not have a PayPal business account and require use of credit card facilities D1Scout can manage the process on your behalf however D1Scout will place in reserve a portion of the transactions to mitigate risks which include, but are not limited to transactional activity, customer disputes, type of business, credit attributes, delivery and customer satisfaction time frames. The portion placed in reserve is based on transaction volume and the frequency of charge backs and or disputes. Reserves are funds that belong to you, but are set aside to ensure your account can cover transaction liabilities. You will be notified if your reserve settings are adjusted in the future. In order to set your system to accept payments please contact your D1Scout representative or firstname.lastname@example.org.
There is a fee of 4% on all credit card transactions for use of these facilities. Once the transaction is complete, You will be responsible for all refunds, disputes and or chargebacks. The funds will be directly deposited from your D1Scout site to your PayPal account. D1Scout LLC. does not distribute sell or otherwise exploit this information in any way.
D1Scout allows users to pay online for website services, hosting, team management, registration fees, tournament participation fees, printing services, enrolment fees and other related activities. The receipt and confirmation page that you receive upon completion of the process will serve as your successfully received "goods".
If you have been approved to use PayPal for your transactions:
You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the PayPal service for activities that:
violate any law, statute, ordinance or regulation
relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
SITE RENEWAL POLICYThe Term for all Site Service plans will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify D1Scout.com of non-renewal at least thirty (30) days before the end of the then current Term by calling customer service at 914-502-3000 X-502 and email your cancellation request to email@example.com entering "Cancel" and "The site name" in the subject line. Once renewed the receipt and confirmation page that you receive upon completion of the process will serve as your successfully received "goods" and your site will be renewed for an additional year. There are no refunds through D1Scout, LLC. If you decide not to utilize the services for which you paid, you have the right to refrain from participating, however, no refunds are available. All sales through the D1Scout Online Registration system are final.
RETURN AND DELIVERY POLICIES
All sales made through the D1Scout Online Registration are final. After completing online payment, you are brought immediately to a receipt and confirmation page. This page acknowledges that you have completed the process and the process payment. You are instructed to print that page for your records. This page is your receipt and your product. This receipt should be kept as a ongoing record of your successful payment completion. This receipt is also emailed to your specified address and a record of your order is also kept on the D1Scout Network, you may log into your D1Scout Site to view a record of the order.
There are no refunds through D1Scout, LLC. If you decide not to utilize the services for which you paid, you have the right to refrain from participating, however, no refunds are available. All sales through the D1Scout Online Registration system are final.
If you have questions about this return policy or need assistance contacting your organization that is serviced by D1Scout please contact us by emailing firstname.lastname@example.org or by calling 914-502-3000.
This Agreement is effective until terminated by the Company, with or without cause, in the Company's sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
CHOICE OF LAW; JURISDICTION
TOURNAMENT LIST USE AND POSTING DISCLAIMER
D1Scout is providing this as a service to the amateur sports community and assumes no responsibility or liability for the information provided and its intended use.
We are not the AAU , USSSA,USBA, NCAA or any other entity or organization. This is not their website and they do not sponsor this website in any way. Go to their websites for official organization information. Click on the Logos located on the Tournament Listing Service home page to visit the respective websites.
D1Scout LLC. does not take any responsibility regarding this data. Use of this data is completely at your own risk.
Note that regardless of the "Invite" does not automatically mean that the event is sanctioned by the listing organization or party. . Check with each tournament director to determine if a tournament is sanctioned to compete under its respective organizations umbrella. We ask AAU tournament directors to post their official AAU sanction number in our database for any sanctioned tournaments. We also ask any NCAA Certified events to specify they are infact certified. Please make sure you verify AAU sanctions or NCAA verifications.
Check back as often as you like for updates, additions and cancelations..
D1Scout LLC provides this information for your convenience, but does not recommend or promote any of these tournaments, events organizations or businesses. D1Scout LLC assumes no liability for these events and can not guarantee the safety, trustworthiness of promoters, accuracy of information, or ANY other matter as it relates to the event. All event information is supplied by the tournament and event organizers. If you decide to use the event and tournament information made available to you on this site, you must verify the validity of this information with the appropriate tournament or event organizers.
D1Scout LLC reserves the right to reject the posting of any submitted event or tournament, links, clinics, or leagues for ANY reason including information that is unverifiable within the posting, past problems with tournaments or events, multiple complaints from participants or the reporting of unethical and or unprofessional practices by the event organizers..
D1Scout LLC will report and work closely with all law enforcement agencies to prosecute anyone that willfully and intentionally posts fraudulent or misleading information in an attempt to defraud event participants on this website.
D1Scout LLC. is an independent organization that is not sponsored by any amateur or professional organization.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
[ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY,] THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. This web site may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.
The Company will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information. You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE. THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.