- Form of Link
- Proprietary Marks
- Disclaimer of Warranties
- Limitation of Liability and Remedies
- Termination of License
- Entire Agreement
- Choice of Law and Venue
- No Assignment
- No Other Relationship
You may only Link to our home page at: http://www.usba.net/. If used, the Link Logo must be used as a link to http://www.usba.net/. You may not use the Link Logo as a static image. You may not frame the USBA Website or modify or alter the content or manner of display of USBA's Website.
The USBA name, Link, and Link Logo contain the USBA's proprietary logos, trademarks, and service marks (collectively, "USBA Marks"). The USBA Marks may not be modified or altered in any way. You may not use the USBA Marks:
- To imply sponsorship or endorsement by USBA;
- To disparage USBA, its product or services;
- In connection with any products or services that in USBA's sole judgment may diminish or damage the goodwill in the USBA Marks, including, but not limited to, use of the USBA Marks in connection with pornography, violent images, and other objectionable material;
- In such a way that the USBA Marks are displayed more prominently than the name/logo of your company; or
- To infringe the USBA's intellectual property rights or violate any state, federal, or international law.
The following notice shall be included on the Web page in which the Link or Link Logo appears: "United States Billiard Association and its logo are trademarks of United States Billiard Association, Inc., a California non-profit public benefit corporation".
Disclaimer of Warranties
USBA'S WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF USBA'S WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
Limitation of Liability and Remedies
YOU AGREE THAT USBA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, AFFILIATES, CONTRACTORS, AND ITS SPONSORS, SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK AND/OR LINK LOGO. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE USBA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, AFFILIATES, CONTRACTORS, AND ITS SPONSORS, AND ITS PREDECESSORS, SUCCESSORS, AND SUBSIDIARIES OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEY FEES, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.
You agree to defend, indemnify, and hold harmless USBA and its officers, directors, employees, agents, representatives, members, affiliates, contractors and sponsors from and against any and all claims, actions, proceedings, liabilities, damages, losses costs, and expenses, including, without limitation, attorney fees as provided in this Agreement, arising directly or indirectly out of (i) your use of the USBA company name, the Link, or the Link Logo, and (ii) your breach of this License.
Termination of License
USBA may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. USBA has the right to inspect your Website from time-to-time to ensure compliance with this License. This License shall terminate automatically if at any time you are in violation of this License. In the event this License is terminated, you will remove all references to USBA, including the Link and Link Logo, within twenty-four (24) hours of written request by USBA. You may terminate this License at any time on 30 days written notice to USBA. The provisions of Section a, b, c, d, e, f, h, i, and k shall survive the termination of this License.
This License constitutes the entire agreement of the parties with respect to the subject matter thereof. Only a writing that refers to this License and is signed by both parties may amend this License.
Choice of Law and Venue
This License is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this License submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the terms of this License are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that the other terms of this License shall remain in full force and effect.
You may not assign this License in whole or in part without the prior written consent of USBA, and any purported assignment in violation of this provision shall be null and void.
No Other Relationship
Notices to you shall be sent to the address or e-mail specified by you in the contact information screen that will appear when you click on "I Agree" below. Notices to the company are to be sent to United States Billiard Association, 58 Hawthorne Ave., East Islip, NY 11730 or by e-mail at JimShovak [AT] USBA [DOT] net. Any notice required or permitted by this License shall be in writing or given by e-mail and shall be deemed sufficient on receipt, when delivered personally or by courier, overnight delivery service, confirmed facsimile, or confirmed e-mail, or 48 hours after being deposited in the regular mail as certified or registered mail with postage prepaid.
USBA reserves the right in its sole discretion to amend this License by providing you with prior notice thereof in writing or by e-mail. If you do not wish to be bound by any such amendment, you may terminate this License within 30 days of receiving such notice by providing notice of termination to USBA in writing or by e-mail.