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TERMS AND CONDITIONS OF USE

Last Updated: 07/10/18

TERMS AND CONDITIONS OF USE

Welcome to the official website of United States Practical Shooting Association (USPSA).

These terms and conditions (“Terms”) apply to your use of this website. Please note that these Terms apply regardless of the means of delivery of the website to you. Any reference to “you” or “your” is a reference to you as a user of the USPSA website.

THESE TERMS AND CONDITIONS CONTAIN WARRANTY DISCLAIMERS, OTHER PROVISIONS THAT LIMIT USPSA’S LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTIONS WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THESE TERMS CAREFULLY. USING, ACCESSING AND/OR BROWSING THIS WEBSITE CONSTIUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THIS WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

VARIATION OF TERMS

USPSA is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the website.

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of USPSA or its content suppliers and is protected by international copyright laws. The compilation of all content on this website is the exclusive property of USPSA, with copyright authorship for this collection by USPSA, and protected by international copyright laws.

In the event you believe that material or content published on the website may infringe on your copyright or that of another, please contact us.

TRADEMARKS

USPSA trademarks and service marks may not be used in connection with any product or service that is not owned by or affiliated with USPSA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits USPSA. All other trademarks not owned by USPSA or its affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by USPSA. Please review USPSA’s Trademark Use Policy.

VOICE AND IMAGE RELEASE

USPSA may display on this website, or other official USPSA publication, any and all photographs, images, or audio recordings of you or your likeness or voice captured by USPSA, a UPSPSA affiliate, volunteer, or local media in connection with your participation in or attendance at a USPSA or USPSA affiliate event in accordance with USPSA image release policy. All photographs, images, or audio recordings of you or your likeness or voice will only be used for official USPSA business. You hereby waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image . You hereby agree to hold harmless and release and forever discharge USPSA and its affiliates from all claims, demands, and causes of action which you, your heirs, representatives, or any other persons acting on your behalf have in connection with this use.

CONFIDENTIAL USE OF MEMBERSHIP INFORMATON

USPSA members accessing the Members Area of the website will have access to confidential membership information, including email addresses, phone numbers, and other contact information. This information may only be used in the course of USPSA business or for the completion of duties assigned to USPSA volunteers. Improper use or dissemination of this information could result in denial of access to the Members Area and/or termination of USPSA membership in accordance with Section 4.13 of the USPSA bylaws.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY USPSA ON AN "AS IS" AND "AS AVAILABLE" BASIS. USPSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, USPSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USPSA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM USPSA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USPSA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

In order to expedite and control the cost of disputes, any dispute or claim relating to your use of any products or services sold or distributed by USPSA or through this website will be resolved by binding arbitration, rather than in court , except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Salish Corporate Services LLC, 1601 F Street Bellingham, WA 98225. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, USPSA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Washington State at a mutually agreed upon location.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial. You also agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

LINKS TO THIRD PARTY WEBSITES OR SERVICES

This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of USPSA and USPSA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. USPSA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by USPSA of the Linked Site or any association with its operators. When you select a link to an outside website, you are leaving USPSA’s website and are subject to the terms of the owners/sponsors of that outside website.

PRIVACY

USPSA takes the security of your personal data seriously and your use of this website is subject to USPSA’s Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices.

LICENSE AND WEBSITE ACCESS

USPSA grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of USPSA. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of USPSA. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of USPSA and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing USPSA’s name or trademarks without the express written consent of USPSA. Any unauthorized use terminates the permission or license granted by USPSA.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of USPSA so long as the link does not portray USPSA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any USPSA logo or other proprietary graphic or trademark as part of the link without express written permission.

GOVERNING LAW AND JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the State of Washington, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the State of Washington for the resolution of any disputes.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between USPSA and you in relation to your use of this website, and supersedes all prior agreements and understandings with respect to the same.