Terms of Use — Asian American Pacific Islander Tennis Association

AAPITA Website Terms of Use

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE: PLEASE READ IT CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND AAPITA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 14 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT-OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 14.

Last Updated: March 21, 2024

1. Terms of Use

These terms of use (these “Terms”) apply to your use of aapita.org (the “Website”) that is provided by the Asian American Pacific Islander Tennis Association (“AAPITA”, “we”, or “our”).

2. Your Agreement to these Terms

These Terms form a binding legal agreement between you and AAPITA in relation to your use of the Website. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS THE WEBSITE. You can review the most current version of these Terms at any time at https://www.aapita.org/terms-of-use.

BY CLICKING “I ACCEPT”, “I AGREE” OR SIMILAR, OR BY ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. If you do not agree to these Terms, you are not authorized to use the Website.

3. Changes to these Terms

From time to time, AAPITA may change, remove, or supplement these Terms. If you continue to use the Website after the effective date of the updated Terms, you will be bound by the updated Terms.

4. Content Available through the Website

The material, data, and information on this Website (“Content”) is only intended to be general summary information for public use. This Content does not replace professional medical advice, diagnosis, or treatment. If you have questions about a medical condition, always seek the advice of a doctor or other qualified health professional. You acknowledge that AAPITA does not make, and specifically disclaims, any representations or warranties about the Content to which you may have access as part of, or through your use of, the Website. ALL CONTENT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Under no circumstances is AAPITA liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website.

You agree that you are solely responsible for your reuse of Content made available through the Website. As between you and AAPITA, all Content is solely owned by AAPITA. You agree not to (a) use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Content or any portion thereof for use in any publications, in public performances, or on websites for any other commercial purpose, (b) use the Content or any portion thereof in connection with products or services or for any purpose, nor (c) use the Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits AAPITA, that dilutes the strength of AAPITA’s Intellectual Property Rights, or that otherwise infringes AAPITA’s Intellectual Property Rights.

From time to time, we may restrict access to our Content without further notice. You acknowledge that AAPITA may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you.

If the Website contain links to other sites and resources provided by third parties, (e.g., external career opportunities), these links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by AAPITA of any of the products, services or opinions of the corporation or organization or individual. AAPITA bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. This includes links contained in advertisements, including banner advertisements and sponsored links. Contact the external site for answers to questions regarding its content. We have no control over external sites or resources and AAPITA accept no responsibility for them or for any loss or damage that may arise from your use of any website provided through a third-party link. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5. Content Supplied by You

You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any portion of the Website (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, Intellectual Property Rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary except to the extent submitted under a Customer Agreement, and that Your Content does not establish a relationship between you and us. You hereby grant AAPITA and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content, except as otherwise prohibited by applicable law or these Terms. You waive any right to compensation of any type for Your Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section 5 and that use of Your Content by AAPITA does not violate any law.

6. Prohibited Conduct

You agree not to engage in any of the following activities:

6.1. Violating laws and rights:

You may not (a) use any portion of the Website for any illegal purpose or in violation of any local, state, national, or international laws or (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating Intellectual Property Rights, confidentiality, or privacy rights.

6.2. Disruption:

You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other individual’s or entity’s use and enjoyment of the Website; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.

6.3. Impersonation or Unauthorized Access:

You may not impersonate another individual or entity, or misrepresent your affiliation with another individual or entity when using the Website. You may not use or attempt to use another’s account or personal information. You may not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking, password mining or any other means.

7. Ownership of Intellectual Property

Except for Your Content, you acknowledge and agree that the Website and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any AAPITA brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by AAPITA or its licensors and suppliers and is protected by applicable Intellectual Property Rights laws.

Except as provide in these Terms or in an applicable Customer Agreement, you are not granted a license or any right, title, or interest in any Intellectual Property Right use in or made available through the Website.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or portion of the Website without our prior written consent. The AAPITA name, the AAPITA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AAPITA or its affiliates or licensors. You must not use those marks without the prior written permission of AAPITA. Any other names, logos, product and service names, designs, and slogans of the Website are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content through your use of the Website. All rights not expressly granted in these Terms or an applicable Customer Agreement are reserved exclusively by AAPITA.

8. Monitoring and Enforcement of Terms

We have the right to:

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS AAPITA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAPITA OFFERS THE WEBSITE (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE), INCLUDING ANY THIRD-PARTY SERVICES AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AAPITA DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY AAPITA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT WILL AAPITA OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, TRUSTEES, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF AAPITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, AND ANY APPLICABLE CUSTOMER AGREEMENT, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR ACCESS TO THE WEBSITE OR USD $50.00.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

To the extent not prohibited by law, you agree to indemnify and hold harmless AAPITA and its affiliates, employees, officers, directors, other agents, licensors and providers from and against any and all claims, damages, expenses, costs, including reasonable attorneys’ fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, (b) your use of any of the Website, or (c) your violation of any other individual’s or entities’ rights or applicable law.

12. Privacy Policy

AAPITA provides a Privacy Policy that describes the data we collect through our Website, which is available here: https://www.aapita.org/privacy-policy. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

13. Termination

By AAPITA: AAPITA may modify, suspend, or terminate the operation of, or access to, all or any portion of the Website at any time for any reason. Additionally, your individual access to, and use of, the Website may be terminated by AAPITA at any time and for any reason.

By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Website at any time.

Automatic upon breach: Your right to access and use the Website terminates automatically upon your breach of any of these Terms.

Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license.

14. Dispute Resolution

Agreement to Arbitrate

You agree that any dispute, claim or controversy arising out of or relating to these Terms (“Dispute”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other Intellectual Property Rights (the action described in clause (ii) is an “IP Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt-out of arbitration (“Arbitration Opt-Out Notice”) by email at admin@aapita.org within 30 days following the date you first accept these Terms, if you have not registered for an account, then within 30 days following the date you first use our Website. If you do not provide us with an Arbitration Opt-Out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set forth in (i) and (ii) above. The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in the Southern District of Florida, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts. Unless you timely provide us with an Arbitration Opt-Out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Southern District of Florida. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for Texas residents. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless otherwise agreed, the arbitration will be conducted in Boca Raton, Florida. If you claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

15. Miscellaneous Terms

Choice of law: These Terms (and all Disputes) are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.

Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). AAPITA may provide these Communications to you by posting them via the Website, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at admin@aapita.org if you have any questions regarding any Communication. You further consent and agree that your use of your finger, a key pad, mouse or other device to select an item, button, icon or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.

No waiver: Either party’s failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.

Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If any provision of these Terms are so held invalid or unenforceable by a court of competent jurisdiction, in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the parties intent.

Relationship of parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and AAPITA as a result of these Terms or from your use of any portion of the Website. You may not enter into any contract on our behalf or bind us in any way.

Assignment: AAPITA may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Website or its Content, and any attempt by you to do so is void.

Integration: These Terms and any applicable Customer Agreements constitute the entire agreement between you and AAPITA relating to this subject matter and supersede any and all prior communications and/or agreements between you and AAPITA relating to access and use of the Website.

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