PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by La Salle High School or "LHS". By accessing or using LHS's websites or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered member of LHS. LHS may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

 

Important Notice for Amateur Athletes

You are responsible for ensuring that your use of or participation in the activities of this Website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. LHS IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

 

Intellectual Property

All intellectual property on the Website (except for User Generated Content) is owned by LHS or its licensors, which includes materials protected by copyright, trademark, or patent laws.

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase LHS products. Any other use is prohibited unless agreed to by LHS in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content (defined below), without LHS's prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Product Orders

All orders placed through the Website are subject to LHS's acceptance. This means that LHS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, LHS will issue you a refund.

Safeguard Your Username/Password

You are responsible for any actions that take place while using your LHS account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify LHS immediately of any unauthorized use of your LHS account. LHS is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Eligibility and Registration

To become a member of the LHS Website you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to register for the Website and post User Generated Content.

Links

The Website may contain links to websites operated by other companies. LHS does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. LHS is not responsible for the content or policies of linked websites and you access such websites at your own risk.

Mobile Services

The Website contains services and features that are available to certain mobile phones. Your carrier's normal rates and fees apply. If LHS charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using LHS's mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless LHS and the Archdiocese of Cincinnati, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to  your use of Content, your use of the Website, your conduct in connection with the Website  or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

Warranty Disclaimer

LHS is not responsible or liable for any Content posted on the Website. The Website Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, LHS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. LHS cannot guarantee and does not promise any specific results from use of the Website. LHS does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, LHS does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. LHS reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

LHS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A LHS EVENT OR ANY USER GENERATED CONTENT, EVEN IF LHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST LHS FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF LHS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, LHS'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

You agree that this Website shall be deemed a passive website solely based in Ohio, which does not give rise to personal jurisdiction over LHS in jurisdictions other than Ohio. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and LHS shall be governed in all respects by Ohio law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of LHS products) shall be resolved individually, without resort to any form of class action. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of LHS products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from LHS. You agree that any notice, agreement, disclosure or other communication that LHS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. LHS's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. LHS may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

LHS reserves the right in its sole discretion to terminate your account, delete your profile and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. LHS also reserves the right to block users from certain IP addresses and prevent access to the Website. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.