Terms of Service

as of August 14th, 2013

Agreement
This is an agreement between you and Varsity Software (“Varsity Software ” or “We” or “The Company”) (“Agreement”). This Agreement governs your use of the Varsity Software Web Sites only. The Varsity Software Web Sites are comprised of various Web sites, servers, pages, and other services operated by Varsity Software (or its affiliates).

By using the web site (the "Web site" or “The Service”) you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms of Use.

Eligibility
You must be eighteen years of age or older to register as a member of the Web site. If you are under the age of 18, you are not allowed to register and become a member of the web site. If you are under the age of thirteen, you are not permitted to access the content, features and services on the Web Site without parental supervision. Membership in the Service is void where prohibited. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. The company may terminate your Membership and/or prohibit you from using or accessing the Service or the Web site for any reason, at any time.

Member Conduct
You understand that the Service and the Web site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect any information of Members from the Service or the Web site by electronic or other means for any purposes. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Service or the Web site to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; 

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

  • upload, post, email, transmit or otherwise make available 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; 

  • intimidate or harass another; 

  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.

Proprietary Rights in Content on the Web Site
All content on the Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors. All rights reserved. Except to download/print for your personal and non-commercial use and provided that you keep all copyright or other proprietary notices intact, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Member Content Posted on the Web Site
You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Web site, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others.

By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. No compensation will be paid with respect to the use of your content, as provided herein. Varsity Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.

You may remove your Member Content from the Web site at any time by contacting us.  If you choose to remove your Member Content, the license granted above will automatically expire.

Pricing
Most features of this Web site are free of chage to both visitors and members.  There are some features which require payment to access.  We reserve the right to change, edit, modify our prices and pricing policy at any time.  

Refunds
You must agree to our refund policy before any sale is complete.  The Following terms apply to users who purchase any of our products and/or services.  Please use the following format when sending us an email related to cancellations or refunds:

SUBJECT LINE - REFUND
EMAIL CONTENT - PLEASE INCLUDE:
Name/ Log-in Name
Email Address
Relevant product name
Purchase confirmation Number

For all products cancellation notice by email to refund@varsitysoftware.com ("Valid Notice") is accepted. Valid Notice must include all of the information outlined above.  If Valid Notice is received within the first twenty-four (24) hours of user's purchase, the user will be refunded all fees. The user will still be obligated to pay any other charges incurred by us relating to the purchase. Upon receipt of Valid Notice, we will post a credit to user's charge account. If user attempts to cancel after twenty-four (24) hours from purchasing a Product, no refund will be granted.

Copyright Policy
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us.

LINKS TO THIRD PARTY SITES
THE WEB SITE MAY CONTAIN LINKS TO OTHER THIRD PARTY WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. THE COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM A LINKED SITE. THE COMPANY IS NOT RESPONSIBLE FOR SERVICES OR APPLICATIONS OFFERED FROM ANY LINKED SITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant to us that you will not use the Web Site for any purpose that is unlawful, harms Varsity Software or any end user or other third party, or otherwise is prohibited by this Agreement. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to any services, information, pictures, software, other accounts, computer systems or networks connected to any Varsity Software server or to the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

UNSOLICITED IDEA SUBMISSION POLICY
Varsity Software OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Varsity Software PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Varsity Software . SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Varsity Software OR ANYONE AT Varsity Software . IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Varsity Software MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

COPYRIGHT NOTICE
Copyright © 2012 Varsity Software. P.O. Box 3002, Princeton, New Jersey 08543 U.S.A. All rights reserved.

DISCLAIMER OF LIABILITY AND WARRANTY
THE WEB SITE, INCLUDING (BUT NOT LIMITED TO) ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDED IN OR AVAILABLE THEREIN, IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND MAY INCLUDE DEFICIENCIES, INACCURACIES AND TYPOGRAPHICAL ERRORS. Varsity Software AND ITS RESPECTIVE SUPPLIERS MAY IMPROVE, DELETE, CHANGE, IMPAIR, DISRUPT OR EVEN DISCONTINUE ANY WEB SITE IN ANY WAY, AT ANY TIME AND FOR ANY REASON. ADVICE RECEIVED VIA THE WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Varsity Software , . and ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS, STATUTORY OR IMPLIED) WITH RESPECT TO THE WEB SITES AND ANY INFORMATION AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, WITH REGARD TO (A) TITLE AND NON-INFRINGEMENT, (B) ENCUMBRANCES OR LIENS, AND (C) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEB SITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN FOR MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT (TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW) SHALL Varsity Software AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Varsity Software WEB SITES, WITH THE DELAY OR INABILITY TO USE THE Varsity Software WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Varsity Software WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WALLOP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Varsity Software WEB SITES.

TERMINATION/ACCESS RESTRICTION
Varsity Software RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR PARTICIPATION IN AND ACCESS TO ANY OR ALL Varsity Software WEB SITES AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT CAUSE AND WITHOUT NOTICE. YOU CAN CANCEL YOUR PARTICIPATION IN THE Varsity Software WEB SITES AT ANY TIME, WITH OR WITHOUT CAUSE, BY FOLLOWING THE PROCEDURES MADE AVAILABLE TO YOU BY Varsity Software ON ANY OF THE Varsity Software WEB SITES. Varsity Software ’ USAGE OF YOUR PERSONAL INFORMATION, BOTH BEFORE AND AFTER YOUR PARTICIPATION HAS ENDED, IS SUBJECT TO THE TERMS OF THE PRIVACY STATEMENT AND ALL REGISTRATION GUIDELINES FOR THE Varsity Software WEB SITES.

NOTICES TO YOU
YOU CONSENT TO Varsity Software PROVIDING YOU ANY INFORMATION THAT Varsity Software IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE Varsity Software WEB SITES (“REQUIRED INFORMATION”) TO BE SENT IN ELECTRONIC FORM VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED WHEN YOU REGISTERED (AS UPDATED BY YOU), AND/OR (IF ACCEPTABLE UNDER THE LAW), BY POSTING SUCH REQUIRED INFORMATION CONSPICUOUSLY ON THE RELEVANT Varsity Software WEB SITES.
GENERAL
This agreement is governed by the laws of the State of New Jersey, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Mercer County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the Varsity Software Web Sites, without regard to conflicts of law. Use of the Varsity Software Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Varsity Software as a result of this agreement or use of the Varsity Software Web Sites. Varsity Software ’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Varsity Software ’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Varsity Software Web Sites or information provided to or gathered by Varsity Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement, in conjunction with the most recent Privacy Statement and your acceptance of terms in any Varsity Software registration materials constitute the entire agreement between the user and Varsity Software with respect to the Varsity Software Web Sites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Varsity Software with respect to the Varsity Software Web Sites. If any provisions of this Agreement irreconcilably conflicts with any provision of the Privacy Statement and/or the registration materials, then this Agreement shall govern. Varsity Software may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or any rights hereunder. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.



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