We run a web based club membership management service called club2ic.com and we would love you to use the service for your club. We offer a 60 day free trial with no obligations.
We take pride in offering an easy to use system that will make running your club a whole lot simpler. We promise to do our utmost to provide you with excellent service. Please contact us if you think something is not good enough or could be improved. Rest assured that we want to know about it.
These terms of service are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.
The following Terms of Service govern all use of the club2ic.com website and service (collectively, the "Website").
"Subscriber" means the person who registers to use the Website and, where the context permits, includes any entity on whose behalf that person registers to use the Website. "You" means the Subscriber and "Your" has a corresponding meaning.
By accessing or using any part of the website, you agree to become bound by the terms of this agreement. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer by Topspin Systems, acceptance is expressly limited to these terms.
Your club2ic.com Account.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Topspin Systems of any unauthorized uses of your account or any other breaches of security. Topspin Systems will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment and Renewal.
At any time during the 60 day free trial period you can opt to pay Topspin Systems the annual subscription fee as indicated for your selected service. If at the end of the 60 day trial period you have not paid a subscription fee your account will be cancelled. Annually you will be emailed a renewal reminder 30 days in advance of your subscription renewal date. If payment is not received by the renewal date the account may be disabled.
Monthly subscription fees are also available on application to Topspin Systems.
This Agreement does not transfer from Topspin Systems to you any Topspin Systems or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Topspin Systems, club2ic.com, and all other trademarks, service marks, graphics and logos used in connection with club2ic.com, or the Website are trademarks or registered trademarks of Topspin Systems or Topspin Systems' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Topspin Systems or third-party trademarks.
Topspin Systems reserves the right to display attribution links such as 'Produced by club2ic.com' in your list and email footers.
Topspin Systems reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Topspin Systems may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Topspin Systems may terminate the Service at any time by giving you one month's notice by email. Topspin Systems may also terminate your subscription immediately if we reasonably believe that you have violated any applicable laws, acted inconsistently with these terms and conditions, or have violated our rights or those of another party. If you wish to terminate this Agreement or your club2ic.com account, you must advise Topspin Systems that you wish to terminate and discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided "as is". Topspin Systems and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Topspin Systems nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be ontinuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Topspin Systems, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Topspin Systems under this agreement during the twelve (12) month period prior to the cause of action. Topspin Systems shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Topspin Systems, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Topspin Systems and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Topspin Systems, or by the posting by Topspin Systems of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Topspin Systems may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
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