This Agreement sets forth the terms and conditions which apply to your use of the "Online Hitting Academy Web site" (Online Hitting Academy, Inc.) - hereafter known as the"OHA") and any other product or service offered for sale by the OHA through the OHA Web site. The right to use the OHA Web site and any other product or service offered by OHA through the OHA Web site is personal to you and is not transferable to any other person or entity.
1. Definitions. The “service” entails instructional information, shopping, and interactive services operated by the OHA, Inc. on the World Wide Web of the Internet accessible through the OHA Web site. “Member” includes the purchaser of the service, or any of their immediate family. "Visitor" means each person who browses the OHA Web site, or registers to use any of the products or services, or features thereof, of the Service for which registration is required or requested without subscribing to the Service. “Guests” refers to both members and/or visitors alike. “Subscription” refers to an action requesting the service for the specified period of time by completing the Online Subscription Form and providing some form of monetary compensation for the specified period of time.
2. General. The OHA shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use.
3. Changed Terms. The OHA shall have the right at any time to impose, change, or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by electronic or conventional mail. Any use of the Service by a Guest after such notice (other than to terminate the Members membership pursuant to Section 9 hereof) shall conclusively be deemed to constitute acceptance by the Guest of such changes, modifications, additions, or deletions. The Guest agrees to review the terms and conditions periodically to be aware of such revisions.
4. Guest Conduct.
(A) The Service shall be used for lawful purposes only. No material shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the OHA’s judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service by Guests without prior approval from the OHA.
(B) The Service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. The OHA owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. No Guest may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of the OHA and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. Each Guest acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.
(C) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Guest on the Service without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Guest. The Guest shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
(D) Each Guest hereby grants to the OHA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Service (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
(E) Each Guest shall have the opportunity to add or remove from the mailing list at any time.
(F) No Guest may (I) select or use a Guest name or e-mail address of another person with the intent to impersonate that person; (II) use a Guest name or e-mail address subject to the rights of any person other than the Guest without authorization; (III) use a Guest name in violation of the intellectual property rights of any person; or (iv) use a Guest name that the OHA, in its sole discretion, deems offensive.
(G) The foregoing provisions of this Section 4 are for the benefit of the OHA, its affiliates, and third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
5. Third Party Content. The Service contains content supplied by parties other than the OHA. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Guests, are those of the respective author(s) or distributor(s) and not of the OHA. Neither the OHA nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or Guest, and not of the OHA.
6. Disclaimer of Warranty: Limitation of Liability.
(A) EACH GUEST EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER The OHA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, [OR MERCHANDISE] PROVIDED THROUGH THE SERVICE.
(B) THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT The OHA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING GUESTS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH GUEST.
(D) IN NO EVENT WILL The OHA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
(E) The OHA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL The OHA BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A GUEST'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH GUEST TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
(F) The OHA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY GUEST AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH GUEST SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(G) EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL The OHA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (I) THE USE BY SUCH GUEST OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (II) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.
7. Monitoring.The OHA shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by the OHA. The OHA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, The OHA shall have the right to remove any material that the OHA, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the OHA, Guests shall remain solely responsible for the content of their messages. Each Guest acknowledges and agrees that neither the OHA nor any third party content provider shall assume or have any liability for any action or inaction by the OHA or any third party content provider with respect to any conduct, communication or posting on the Service.
8. Indemnification. Each Guest agrees to defend, indemnify, and hold harmless the OHA, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by such Guest. The OHA is not responsible for accidents or injuries
resulting from drills. It is the responsibility of each guest to follow
prudent safety measures with any drill and follow all safety reccomendations
9. Termination. Either the OHA or Guest may terminate this Agreement at any time. Guest's only right with respect to any dissatisfaction with (I) any terms and conditions of this Agreement, (II) any policy or practice of the OHA in operating the Service, or (III) any content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by e-mail to email@example.com. Without limiting the foregoing, The OHA shall have the right to immediately terminate, without refund, this Agreement with respect to any Guest in the event of any conduct by Guest which the OHA, in its sole discretion, considers to be unacceptable, or in the event of any breach by Guest of this Agreement, which results in the guest’s termination of membership. Guests electing to terminate their membership will be can do so at any time, without refund. The provisions of Sections 3, 4, 5, 6, 7, 8, and this, Section 9, shall survive termination of this Agreement.
10. Trademarks. Trademarks are registered trademarks of the OHA. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners, including, in some instances, the OHA.
11. Equipment. Each Guest shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Service, and Guests shall be responsible for all charges related thereto.
13. Miscellaneous. This Agreement and any operating rules for the Service established by the OHA constitute the entire agreement of the parties with respect to the subject matter hereof, and supercede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
FORUM / CHAT ROOM
The OHA has created some guidelines (the “Guidelines”) to help all of our members understand what is acceptable and what is not acceptable in our Forum and Chat Room so that the OHA may provide a positive environment for everyone to enjoy.
Guidelines: The chat room is a private service provided by the OHA and is subject to the Guidelines and other rules that may be established by OHA from time to time. The OHA’s chat room is currently provided as a member service to any member who agrees to abide by the terms and conditions of the Guidelines, but OHA reserves the right to alter this relationship at any time, subject to notice. ENTERING The OHA CHAT ROOM WILL CONSTITUTE ACCEPTANCE OF THE GUIDELINES. MEMBERS WHO VIOLATE THE GUIDELINES MAY BE BANNED PERMANENTLY FROM USING THE OHA CHAT ROOM AND/OR ANY MEMBER-POSTED PAGES.
The following Guidelines apply while using the OHA’s Forum or Chat Room:
1. Pornographic, obscene, violent, and other inappropriate messages are prohibited.
2. Posting advertising, promotional materials or other forms of solicitation are prohibited.
3. Harassment of another member in the OHA Forum or Chat Room is prohibited.
4. Members may not disrupt a Forum or Chat by repeatedly posting the same message or posting excessively long messages.
5. Offensive and indecent screen names are not allowed and will be blocked.
6. Impersonating others, including without limitation, any employee of the OHA, a forum/chat room host or another forum/chat room visitor is prohibited and such false screen names may be blocked by the OHA.
7. The OHA is not responsible for the content posted by any member and the OHA may remove any content that is in violation of the Guidelines. Each member will be held liable to the fullest extent of the law for his or her content and for all activities conducted through any screen names registered to such member’s e-mail address.
8. The OHA may from time to time elect in its sole discretion whether or not to monitor some or all of its forum/chat room to ensure that the Guidelines or other rules that it may publish from time to time are enforced. Members visiting the OHA’s chat room acknowledge that the OHA may not monitor any part of its forum/chat room and that by providing the ability to distribute content the OHA is acting in a merely passive capacity for such distribution. Accordingly, the OHA does not undertake any obligation or liability relating to any content or activities in it’s forum/chat room.
9. The OHA shall have the right to edit and alter any visitor’s message prior to posting such message in the forum/chat room and/or other member-posted pages.
10. To the full extent permissible under applicable law, the OHA shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from any member’s use or inability to use the OHA’s chat room.
11. It is OHA’s policy to respect the privacy of visitors to its forum/chat room. However, the OHA reserves the right to edit or disclose the contents of private communications to law enforcement authorities, if in the OHA’s sole opinion such action is necessary to: (I) conform to any applicable law, rules or regulations or comply with legal process served on the OHA, (II) protect and defend the rights or property of the OHA, or (III) protect the personal safety of members visiting the OHA’s forum/chat room.
12. All members expressly agree that use of the OHA’s forum/chat room is at each member's own risk. The OHA expressly disclaims all warranties of any kind, whether express or implied. The OHA makes no warranty that it will meet visitors’ requirements, or that the OHA’s forum/chat room will be uninterrupted, timely, secure, or error free, or as to the accuracy or reliability of any information obtained through us.
The OHA RESERVES THE RIGHT TO RESTRICT FORUM/CHAT ROOM ACCESS TO ANY MEMBER FOR ANY REASON OR NO REASON AT ALL.
The OHA Web site does not collect personal information about individuals except when knowingly provided by such individuals (or as otherwise detailed below). Any personal information (e.g., name, e-mail address, etc.) provided by such individuals may be used in connection with the OHA, the OHA Web site and for internal OHA purposes only. The OHA, Inc. does not maintain "member lists" for sale.
Please is sure to ask your parents for permission before sending any information about yourself over the Internet.