U.S. Council of Athletes’ Health, LLC
Subscriber Terms and Conditions
These Subscriber Terms and Conditions (the “Terms”) govern your access and use of the products and services offered by the U.S. Council of Athletes’ Health to subscribers (collectively, the “Services”). By accessing the Services, you agree to be bound by these Terms. Your receipt of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms are an agreement between you and U.S. Council of Athletes’ Health, LLC (“USCAH” “we,” “us”).
The effective date of the Terms is: 11/14/17
USCAH advises and consults with athletic organizations and individuals regarding all aspects of athletic health care. The Terms apply to all Services USCAH provides through the www.uscah.com website and its subdomains (the “Site”). Any information, text, graphics, photos, or other materials uploaded to, downloaded from, or appearing on the Site in connection with the Services is hereinafter referred to collectively as the “Content.”
USCAH offers the Services to individuals at a single membership level and to organizations at four levels—Affiliate, Silver, Gold, and Platinum. The individuals and organizations who receive the Services are hereinafter referred to collectively as the “Subscribers” or “you.”
Account Creation. Subscribers must create an online account (your “Account”) on the Site and provide certain information as prompted by the registration form, including an email address and self-selected password. You may also be required to provide additional information and appropriate payment information. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other compromise of security. You are also responsible for ensuring the information you provide in connection with your Account, such as your email address, is accurate and current. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subscriptions and Payment
You must subscribe for access to the Services.
Your Account may be terminated by us or you at any time and for any reason or no reason all. You will be responsible for all fees and charges prior to the date of termination. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate or modify these Terms, at any time for any reason at our sole discretion. You understand that any termination of your Account involves deletion of the Content associated with the Account from our live databases. We will not have any liability whatsoever to you for any termination or modification of these Terms, including for termination of your Account or deletion of any Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.
You hereby authorize us directly or through our third-party service providers to charge your credit card for any Services you purchase. Your authorization will remain in full force and effect until your Account is closed or terminated in accordance with these Terms. You represent and warrant that the payment information you provide is accurate, you are authorized to use the payment method provided, and you will notify us of changes to the payment information.
Rights and Licenses
License to Use Services. We grant you a non-transferable, non-exclusive, right to access and use our Services. However, you may not download or modify the Content except with USCAH’s express written consent. The Content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services or its Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality will be subject to the Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Ownership of the Services. Excluding your Subscriber Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and Content are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in the Terms.
Subscriber Content. “Subscriber Content” means any and all information and content that a Subscriber submits to USCAH through the Site or via email. You will own your Subscriber Content, with the understanding that you agree that we may use and reproduce the Subscriber Content you provide to us. You assume all risks associated with the use of your Subscriber Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Subscriber Content that makes you or any third party personally identifiable. You may not state or imply that your Subscriber Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your Subscriber Content (and not USCAH), you may expose yourself to liability if, for example, your Subscriber Content violates the Acceptable Use Policy (described below). We are not obligated to create backups of any Subscriber Content, and we may delete Subscriber Content at any time. You are solely responsible for creating backup copies of your Subscriber Content if you desire.
License. To the extent you generate Subscriber Content, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Subscriber Content, and to grant sublicenses of the foregoing, solely for the purposes of including your Subscriber Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Subscriber Content.
Acceptable Use Policy. The following sets forth our “Acceptable Use Policy.” You agree not to use the Services to collect, upload, transmit, display, or distribute any Subscriber Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Site, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.
Enforcement. We reserve the right (but have no obligation) to review any Subscriber Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms.
Inapplicability of HIPAA Privacy and Security Regulations
USCAH does not fall within the jurisdiction of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing privacy and security regulations. Nevertheless, we are committed to protecting the confidentiality of the information we collect about you.