Terms & Conditions of Use

Welcome to Practice Planner Live, and thanks for accessing our software.  This software available on and through this website (the “Software” and the “Site”) is provided by Practice Planner Live.

Your use of the Software is governed by these terms and conditions (this “Agreement”).  By using the Software, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Site or any of its applications, or you are a user with a registered account.  Practice Planner Live may modify this Agreement from time to time and such modification shall be effective once posted to the Site. You agree to be bound to any changes to this Agreement when you use the Software after any modification to this Agreement has been posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

The term “User” refers to any visitor or registered user of the Software, unless provided otherwise.  You are only authorized to use the Software if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Software immediately. If you wish to become a registered User and make full use of the Software, you must read this Agreement and indicate your acceptance during the registration process.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Eligibility.

Use of Software is void where prohibited. By using the Software, you represent to us that (a) any registration information you submit is truthful and accurate; (b) you are 13 years of age or older; and (c) your use of the Software does not violate any applicable law or regulation. Your profile may be deleted and your use of the Software and Site may be terminated without warning or notification to you, if we believe that you are under 13 years of age.

2. Registration.

When you sign up to become a User, you will also be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account.

3. Limited License.

Practice Planner Live authorizes you to generate print outs from the Software in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Software. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of the Software for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or Software. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Software or its content without our prior written permission.

4. User Content.

Practice Planner Live does not claim any ownership rights in the text, files, images, photos, video, or any other materials (collectively, “Content”) that you post or upload to the Site and/or through the Software (“User Generated Content”). After posting or uploading your User Generated Content to the Site and/or through the Software, you continue to retain all your ownership rights in such User Generated Content.

You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Software.  We reserve the right to remove such content or your User Generated Content if required by such third parties.

By posting any comments, ideas, testimonials or other materials on the Site, you give us the irrevocable right to reproduce, distribute, publish, display, edit, modify and otherwise use your content for any purpose in any form, subject to an legal limitations on such us and the limitation set forth in our Privacy Policy.

We do not assume any responsibility for your content or any other content not produced by us on the Site. We may at any time and in our sole discretion screen, monitor, block, remove or otherwise exercise control over any of your content or anyone else's content that we determine violates these Terms, including the User Conduct (below), any applicable law, or otherwise may expose us to civil or criminal liability or reflect poorly on us. In addition, we may permanently terminate your access to the Site in the event we determine that you caused any such violation. In no event shall such rights obligate us to exercise control over your content or anyone else's content.

5. Infringing Content; Digital Millennium Copyright Act

If you believe your copyrighted work or trademark has been uploaded, posted or copied to the Site in a way that constitutes copyright or trademark infringement, please notify us at: Practice Planner Live, PO Box 141, Orem UT 84059. As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq.

6. Other Intellectual Property.

The Site and the Software, as well as certain Content available therein (together, “Practice Planner Live”), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and Practice Planner Live owns and retains all such rights in the Practice Planner Live Intellectual Property. Practice Planner Live hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Practice Planner Live Intellectual Property solely for your personal use in connection with viewing the Site and using the Software. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Practice Planner Live Intellectual Property appearing on the Site or through the Software.

Without limiting the foregoing, Practice Planner Live logo, are trademarks of Practice Planner Live, protected under international law, the laws of the United States and other countries. Other parties’ trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Practice Planner Live’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Practice Planner Live and their products or services.

7. User Conduct.

Your right to use the Services is conditioned on your compliance with this section.  You agree not to post on this Site or through the Software, User Content that is:

  • patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from any User; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; and
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

Further, you agree not to use the Services to participate in:

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
  • advertising to, or solicitation of, any User to buy or sell any products or services through the Software. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Software in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Practice Planner Live reserves the right to restrict the number of emails that a User may send to other Users;

You agree not to cover or obscure any advertisements on the Site, or interfere with, disrupt, or create an undue burden on the Software or the networks or services connected to the Software.  You agree not to attempt to impersonate another User, and you acknowledge that the Software is for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.

If you become aware of misuse of the Site or Software by any person, please contact Practice Planner Live at sports@practiceplannerlive.com. Practice Planner Live reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Software at any time, for any or no reason, with or without prior notice, and without liability.

You agree to indemnify and hold Practice Planner Live, the Practice Planner Live Entities, and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Software in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Site or through the Software causes Practice Planner Live to be liable to another third party or User.

8. Privacy.

You agree to the terms of the Practice Planner Live Privacy Policy, as it may be updated from time to time, a copy of which is posted on the Site.

9. Links to Other Sites.

The Site contains links to web sites not operated or maintained by Practice Planner Live. These links are provided solely as a convenience to you and not as an endorsement by Practice Planner Live of the contents of such third party web sites. Practice Planner Live is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against Practice Planner Live regarding the inclusion of links to outside web sites or your use of those web sites.

10.  Disclaimers.

DISCLAIMERS OF WARRANTIES: PRACTICE PLANNER LIVE DOES NOT WARRANT THAT THE SITE OR SOFTWARE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PRACTICE PLANNER LIVE IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PRACTICE PLANNER LIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. PRACTICE PLANNER LIVE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SOFTWARE.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER PRACTICE PLANNER LIVE NOR THE PRACTICE PLANNER LIVE ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SOFTWARE, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SOFTWARE.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Practice Planner Live makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.

11.  Dispute Resolution.

This Agreement shall be interpreted, construed and governed by the laws of the State of Utah, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Utah in Utah County or the Federal District Court of the District of Utah (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Practice Planner Live shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

12.  Other Miscellaneous Terms.

Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.  Practice Planner Live’s failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision.

This Agreement constitutes the entire agreement between you and Practice Planner Live regarding the use of the Site and Software.

13. Cancellation/Refund Policy/Subscription Renewal

You may cancel your subscription at any time. Any cancellations made after 60 days of initial or renewal registration will not qualify for a refund. Your 1 year subscription will be automatically renewed if purchased via credit card unless you notify us to cancel it. Please contact us at sports@practiceplannerlive.com with any questions.

Dated September 27, 2012