Thanks to Dennis O”Reilly of Weed Racquets I have six (6) new Weed racquets to review. I have started the stringing process and completed three (3) so far and I am having a good time doing it! The LP, “Live Periphery” format Weed suggests takes a little concentration on the first one but after that [see more]
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This Agreement applies to all users of the Services (“User,” “you” or “your”), of the IART website whether you are accessing them via a personal computer, a wireless or mobile device or any other IP-enabled technology (each, a “Device”). By using the Services, you acknowledge and agree that you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection with the Services and other products and services we may offer or make available to you. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.
This Agreement shall remain in effect while you use the Services. Except as otherwise expressly set forth in any agreement between you and IART, you may terminate your use of or registration for the Services at any time, for any reason, and IART may terminate your use of or registration for the Services at any time for any reason. No refunds, full or pro-rated, shall be issued upon termination of your membership whether initiated by you or IART. Even after your use of and/or registration is terminated, your obligations under this Agreement, the Privacy Policy and the Additional Terms, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.
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As between you and IART, IART owns all rights, title and interest in and to the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Except as expressly authorized by IART and set forth in Additional Terms you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Services, including, without limitation, any content therein, without the express, prior written consent of IART.
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The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. You are solely responsible for your conduct in connection with the Services.
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IART may provide you and other Users with an opportunity to participate in viewing communities and other message, comment and communication features on the Services, including, without limitation, in connection with Third-Party Social Media Services that provide you with the opportunity to submit, post and otherwise make available content, messages and other information via the Services (collectively, “User Content”). You agree that (i) you have no expectation of privacy in any User Content and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and IART by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. You may not submit, upload, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, including, without limitation, Section 8 above, and/or that we deem otherwise unacceptable, as determined in IART’s sole discretion.
We do not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content; provided, however, that by submitting, uploading, posting, emailing, displaying, transmitting or otherwise making available any User Content, you grant to IART the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or Devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Services and any other websites, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to IART, in our sole discretion.
You represent, warrant and covenant that (i) you own any and all User Content you make available or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein, and (ii) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.
IART offers an annual fee-based service without limitation and the services provided by the IART website can be terminated at any time for any reason. Payments are processed via Pay Pal and are subject to certain applicable restrictions, including territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions and otherwise, which may prevent the processing of the applicable payment. If a transaction has been declined due to payment card or other issues, please ensure that all data inputted by you are correct in your Pay Pal account and resubmit. A common cause for a payment to be denied is a credit card with the wrong expiration date so be sure to verify your account expiration date is current.
When you register to join us your account is set up on an “auto-renew” basis. An auto-renew profile is created in your Pay Pal account and your membership will be renewed automatically after 12 months. If you prefer that your account not be automatically renewed you can cancel your auto-renew profile by accessing your Pay Pal account at any time.
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We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to the entire Site or Apps, to registered Users and/or otherwise, as we determine in our sole discretion.
n order to access and use the Services, you may be required to use Device(s) and other technology meeting certain system, configuration and other requirements established by IART, its content partners, licensors and other third parties, such as platform, storefront and network operators (e.g., Apple, etc.) (collectively, “Operators”), and you are responsible for ensuring that your Device(s) and other technology meet all such requirements. In addition, you are responsible for any data access, network and/or other service rates and charges you may incur in connection with your Device and use of the Services.
You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technological and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times and shall not violate or attempt to violate any security components thereof.
IART assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time IART chooses in its sole discretion to monitor the Services, IART nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to IART, as determined in IART’s sole discretion; provided, however, that IART shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. Further, you acknowledge, consent and agree that IART may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process, (b) enforce this Agreement, (c) respond to claims that any content or information violates the rights of any third party, (d) respond to your requests for customer or technical service, or (e) protect the rights, property or personal safety of IART, Users or any third parties including acting in urgent circumstances.
If you are a copyright owner, or an agent thereof, and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):
Member Access is an online portal made available exclusively to members of IART, which allows members to, among other things, manage their membership account, including, without limitation, updating their personal information, receiving information related to royalties, downloading statements and registering titles. Your use of Member Access is made available as part of the Services and is subject to the terms and conditions of this Agreement, as well as any Additional Terms that may be made available in connection therewith. Please note that Member Access is currently made available to members of IART on a subscription basis for $49 per year or as a free consumer with limited access to protected content; however, we reserve the right to amend or modify Member Access (including any features and functionality thereof) and/or charge a fee in connection with the use thereof, at any time, in our sole discretion.
For assistance with technical issues and other questions, please use the “Contact Us” form on the home page.
The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services or (b) any third party websites, content, data, information, applications, widgets, goods, services or materials, including Third Party Social Media Services (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of IART, its affiliates or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Promotional Partners(as defined below), Operators, suppliers or service providers. We do not verify, endorse, or have any responsibility for Third-Party Services and any third party business practices (including their privacy policies), whether the Services' or IART’s logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services with which you interact obtains or collects personal information from you, in no event does IART assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our sponsors or other promotional partners (collectively, “Promotional Partners”) found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Promotional Partners and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Promotional Partners or any goods or services you may purchase or obtain from any Promotional Partners).
You agree to indemnify, defend and hold IART, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Promotional Partners, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement, and/or (c) your User Content. IART reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
The services and all content, products, services and user content made available on, through or in connection therewith, are provided on an “as is” and “as available” basis, without any representation, warranty or condition of any kind, express or implied, or any guaranty or assurance the services will be available for use, or that any products, features, functions, services or operations will be available or perform as described.All implied representations, warranties and conditions relating to the services, the site and the apps, and all content, products, services and user content are hereby disclaimed. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors or omissions arising out of your use of the services. You understand, acknowledge and agree that your are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the services, including, without limitation, user content associated with your use of the services. You further understand and acknowledge the capacity of the services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that IART assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the services for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.
You understand and agree that, to the fullest extent permissible by law, IART, it’s affiliates, and each of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, promotional partners, operators, suppliers and service providers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the services or from this agreement, including, without limitation, compensatory, consequential, incidental, indirect, special or punitive damages.
This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Virginia (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in Virginia, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Virginia and County of Roanoke and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non-convenience or otherwise. In any action or proceeding commenced to enforce any right or obligation of the parties under this agreement, regarding your use of the services or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
The Services are controlled and operated by IART from its offices in the U.S. IART makes no representation that the Services are appropriate or available for use outside the U.S. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
IART reserves the right to terminate this service at any time for any reason. No refunds or prorated refunds will be issued if the service or business is terminated
This Agreement contains the entire understanding and agreement between you and IART concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The terms “include,” “includes” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. The failure of IART to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by IART without restriction, notice or other obligation to you. By continuing your IART membership beyond February 3, 2020, you agree to be bound by the updated Terms. This Agreement was last modified on the date indicated and is effective immediately.
February 3rd, 2020
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