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Agreement and Terms of Use

By June 7, 2009April 2nd, 20244 Comments

FLORIDA ASSOCIATION OF URBAN DEBATE LEAGUES (FAUDL)TM Registration – Users Access Agreement and Terms of Use

Welcome to the Duval Urban Debate League an adffliate chapter of the Florida Association of Urban Debate Leagues (FAUDL). Prior to accessing the the site we advise you read the Terms of Use below. As a condition to and in consideration of using and accessing the website, each user agrees to be bound by the terms of this Agreement. Registration to the FAUDL and use of and/or access to the FAUDL shall constitute acceptance of and agreement to be bound by this Agreement.

This is an agreement by and between the DUDL, an Association Member of the FAUDL, LLC, and the User, concerning FAUDL, and the User’s participation in the website.

This is a legally binding agreement. By accessing FAUDL, the User acknowledges that he/she has read all of the terms and conditions of this Agreement, and that the User accepts them. If you do not agree with the terms and conditions of this Agreement, then the User shall have no right to participate in the website or any of the Online Courses in the website.

1. FAUDL includes content provided though Capitol Handbooks. FAUDL may contain Discussion Boards, Chat Rooms and other collaboration tools. FAUDL may provide the User the opportunity to participate in the Chat Room and the Discussion Boards.

2. FAUDL may monitor the Users’s use of the website, including any Transactions, Discussion Boards, and Chat Rooms. FAUDL may remove any postings from the Chat Room and Discussion Boards, which FAUDL believes are inappropriate or unsuitable; or infringe the copyright, trademark, trade secret, or patent rights of any third person, business, or corporation; or contain libelous, slanderous, or defamatory materials; or violate the privacy rights of any person; or constitute a violation of any United States Export Control Law or Regulation, so long as such removal is consistent with applicable Federal and State laws and regulations. While FAUDL has the right to remove any postings in the Chat Room and Discussion Boards, the User acknowledges that FAUDL cannot possibly review all materials posted in the Chat Room and Discussion Boards, and FAUDL is not responsible for any materials posted by any User in the Chat Room and in the Discussion Boards. FAUDL reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or government request.

3. This License is solely limited to the portions of the website made available to the User, and is not an assignment of any copyright rights that FAUDL owns in the Online Content in the website, any derivative works that FAUDL prepared or developed based upon the Online Content, or any compilation works produced, advertised, marketed, promoted, or sold by FAUDL that contain all or any part of the Online Content. The User acknowledges that FAUDL owns all copyright and other intellectual property rights to Online Content, except for that which is owned by D7 Inc and other organizations that may make Content available on the website under agreement with FAUDL. The term “all copyright and other intellectual property rights” shall mean all media, whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter invented, including complete and entire interactive rights, and the rights to prepare derivative works.

4. The User shall have no right to copy, transfer, rent, license, and sell, distribute, advertise, or market the Online Content in the website.

5. The User shall have no right to make any changes, updates, modifications, insertion, or deletions to the website, except where permitted as a User.

6. Nothing in this agreement shall give the User any interest in the copyrighted materials. FAUDL is the copyright owners of the Online Content in the website.

7. The User agrees that in the event of any actual or suspected infringement of the copyright rights of the FAUDL or other providers of Content on the website, the User shall promptly report such infringement to the FAUDL. The FAUDL or other providers of Content shall determine whether or not to institute any demand, suit, or action with respect to the infringement of its copyright rights. The User agrees to furnish full cooperation with reference to any demand, suit, or action.

8. The website tracks the participation of Users engaged in the website. Otherwise information on individual User participation will not be shared with any third parties without the permission of the User.

9. The User warrants that he/she will not post any libelous, slanderous, or defamatory materials in the website. The User further warrants that he/she will not post any materials which infringe the copyright or other intellectual property rights of any third person, business, or corporation in the website. The User further warrants that he/she will not upload or post any unsolicited or unauthorized advertising or promotional materials. The User further warrants that he/she will not use or upload any device, software or routine intended to damage or interfere with the proper working of the Site.

10. The User agrees to defend, hold harmless, and indemnify FAUDL for any claim, cause of action, damage, demand, fine, liability, or penalty arising out of the User’s breach of any of his/her warranties or representations pursuant to this Agreement.

11. The User agrees to defend, hold harmless, and indemnify FAUDL for any of the User’s negligent or reckless acts or omissions or those of User’s agents or employees arising out of this Agreement.

12. In no event shall either party to this Agreement be liable for any consequential, exemplary, incidental, punitive, or special damages, including loss of profit, loss of business, or loss of data. Furthermore, FAUDL’s liability for direct damages shall not exceed the fee paid by the User for the right to participate in the website.

13. A specific waiver by FAUDL or the User of any provision of this Agreement on any particular occasion and for any reason will not be deemed to be a basis for any automatic waiver of the same or any other provision in the future.

14. Any approvals required by either party to this Agreement shall not be unreasonably withheld.

15. It is mutually agreed that neither party shall be responsible for damage caused by delay or failure to perform hereunder, when such delay or failure is due to government regulation, war, Act of God, fire, flood, disaster, civil disorder, strike, or labor disruption that is beyond the control of either of the parties to this Agreement, and making it illegal or impossible to perform this Agreement or any of its terms.

16. All modifications to this Agreement shall be in writing and signed by both parties.

17. This Agreement is intended to bind only the parties hereto and their corporate successors, and may not be assigned by either party without the express written consent of the other, except that FAUDL may assign this Agreement to any entity that is a successor to FAUDL.

18. This Agreement constitutes the entire Agreement between the parties, and supersedes all prior oral or written agreements between the parties.

19. Both parties to this Agreement are independent contractors and neither party is an agent, employee, joint venture, or partner of the other.

20. The laws of the state of Florida shall govern this Agreement.

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