Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on January 1st, 2007.
This Terms of Use Agreement sets forth the standards of use of the MP Tennis, Online
Service for Registered Members. By using the www.matchplaytennis.com website you (the Member)
agree to these terms and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being posted at the
www.matchplaytennis.com website. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
MP Tennis is providing Member with online tennis league scheduling. Member must provide
(1) all equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate
with such connection.
2. Disclaimer of Warranties.
The site is provided by MP Tennis on an as is and on an as available basis. To the
fullest extent permitted by applicable law, MP Tennis makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web site in terms
of its correctness, accuracy, reliability, or otherwise. MP Tennis shall have no liability
for any interruptions in the use of this Website. MP Tennis disclaims all warranties with
regard to the information provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MP TENNIS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING PERSONAL INJURIES WHILE
PARTICIPATING IN A MP TENNIS SCHEDULED MATCH. IN PARTICULAR MP TENNIS SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION
CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF MP TENNIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification,
Member agrees to indemnify and hold MP Tennis, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely
responsible for any and all activities which occur under their account whether authorized
or not authorized. Member agrees to notify MP Tennis of any unauthorized use of Member’s
account or any other breach of security known or should be known to the Member. Member’s
right to use the Service is personal to the Member. Member agrees not to resell or make
any commercial use of the Service without the express written consent of MP Tennis.
6. Modifications and Interruption to Service
MP Tennis reserves the right to modify or discontinue the Service with or without notice
to the Member. MP Tennis shall not be liable to Member or any third party should
MP Tennis exercise its right to modify or discontinue the Service. Member acknowledges
and accepts that MP Tennis does not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered with or adversely affected
by numerous factors or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated
by online merchants and other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party site. You
should contact the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such sites. Your use
of those third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members to review said privacy
policies of third-parties sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or
collected from publicly available sources. While MP Tennis makes every effort to ensure
that the information on this website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information provided on this website.
MP Tennis makes no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts of Virginia
Our website is operated and provided in the State of Virginia. As such, we are subject to
the laws of the State of Virginia, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation that our website or
other services are appropriate, legal or available for use in other locations. Accordingly,
if you choose to access our site you agree to do so subject to the internal laws of the
State of Virginia.
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any
such laws. Member may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable local,
state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is www.matchplaytennis.com ,
will all rights reserved, or is the property of MP Tennis and/or third parties protected
by intellectual property rights. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution, or replication, any
form of data extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of MP Tennis is strictly prohibited.
Members agree that they will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained therein without prior
written permission of an authorized officer of MP Tennis.
MP Tennis and www.matchplaytennis.com are proprietary marks of MP Tennis. MP
tennis’s trademarks may not be used in connection with any product or service that is
not provided by MP Tennis, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits MP Tennis.
All other trademarks displayed on MP Tennis’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that those Vendors endorse or have any
affiliation with MP Tennis.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, www.matchplaytennis.com designates the following individual as
its agent for receipt of notifications of claimed copyright infringement.
By Email: contactus@matchplaytennis.com
13. Botnets
MP Tennis retains the right, at our sole discretion, to terminate any accounts involved
with botnets and related activities. If any hostnames are used as command and control
points for botnets, MP Tennis reserves the right to direct the involved hostnames to a
honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall not
be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements referenced herein may
be assigned by MP Tennis, in our sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in relation to your participation as
a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable information and other practices
described in our Privacy Policy Statement.