Web Site Terms and Conditions

Welcome to SetterTraining.com, an online community and service committed to improving setting skills. The SetterTraining.com service and network are operated by Burnt Orange Design, LLC (collectively, “us”, “we” or “the Company”).

As used herein, the terms “you” and the “User” refer to you if you are over the age of 18, or, as applicable, your child on whose behalf you agree to these Terms and Conditions.

By accessing or using our web site at www.settertraining.com (the “Site”), you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms and Conditions” or “Agreement”), either on your own behalf (if you are 18 or over), or on behalf of your child, and whether or not you are a registered member of SetterTraining.com. You may access the Site provided that you agree to be bound by the terms and conditions provided in this Agreement.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Eligibility

The Site is intended for individuals 13 and over. Any access to or membership in the Service by anyone under 13 without the permission of his or her parent or legal guardian is unlicensed and unauthorized and should not be undertaken. IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ALLOWED TO USE THIS SITE WITHOUT ADULT SUPERVISION.

Membership

Some features of the Service require you to sign up for a membership. We reserve the right to terminate your membership without prior notice if, in our sole discretion, you engage in any conduct through the Site or the Services that is unlawful, harassing, obscene, lewd, defamatory, adversely affects the computer systems through which the Site and the Services are provided, or otherwise contrary to sportsmanlike principles, the vision of SetterTraining.com, or the guidelines on user conduct specified below. All User Submissions (as defined below) associated with terminated memberships will be immediately and permanently deleted upon termination.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to share your username and password with any other person, as each membership entitles only one person (and his or her parent, as applicable) to access the Site and the Services.

How Does SetterTraining.com Charge My Account?

SetterTraining.com is a yearly service and will charge you every year on the date you signed up until you decide to cancel your account. Yearly charges are billed at the beginning of your billing cycle and may take a few days after the billing date to appear on your account.

If you started your membership of a coupon code, you will be changed the following year on the date of original purchase at the current SetterTraining.com price.

If you would like to know your next billing date, membership status, or to cancel your membership, you can visit the Subscription section on Your Account.

Your Content

You retain all ownership rights in content (e.g., text, images, video) you submit to the Site (“User Submissions”). However, by uploading User Submissions to the Site, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable, perpetual, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Services and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting the Services in any media formats and through any media channels.

You hereby authorize us, either for yourself or on behalf of your child (as applicable) to use your name, image, likeness or persona in connection with commercial purposes relating to the Services. Such activities may include, without limitation, a mention of your name in a podcast (audio or video), blog post, or other means of electronic communication to be adopted in the future. In connection with such uses, you hereby release us from any and all liability for all legal causes of action therewith, including, without limitation, misappropriation of the right of publicity and invasion of privacy.

User Submissions will be saved for 60 days following the expiration of your membership, and will be available to you during that time period if you rejoin the site. After 60 days all User Submissions will be permanently deleted. You hereby authorize such deletion after 60 days following the expiration of your membership.

Communications with SetterTraining.com Personnel

An integral aspect of the Services is the ability to communicate with us through various interactive means provided by the Site. Communications will ordinarily be conducted through the Site’s message system. Copies of all communications between us and Site users under the age of 13 will be sent approximately contemporaneously to the parent or legal guardian on file for such person. You may send messages to us through the Site, and we will endeavor to respond to those messages in a timely manner, though we do not undertake any obligation to respond to all messages received. We do not make any representations, warranties or guarantees as to the frequency of communications that we will send.

Warranty of Sufficient Physical Fitness

You represent and warrant that you (or your child, as applicable) are in sufficiently good physical condition to engage in the strenuous physical activity involved with playing competitive volleyball, using a medicine ball in training for one or two hands, setting a volleyball, tipping a volleyball, moving laterally or vertically on a volleyball court, digging a volleyball, or to engage in any of the activities promoted by the Site or the Services. All of the information provided on the Site is for informational and educational purposes only. You further represent and warrant that you (or your child, as applicable) have consulted with a qualified physician who has determined that you (or your child, as applicable) are in sufficient form to engage in the strenuous physical activity involved with playing competitive volleyball. In no event shall the Company or any individual or company involved with the Company be liable for special, indirect, incidental or consequential damages of any nature, including but not limited to personal injury arising from the Services. IF YOU (OR YOUR CHILD, AS APPLICABLE) ARE NOT IN SUFFICIENT PHYSICAL CONDITION TO ENGAGE IN THE STRENUOUS PHYSICAL ACTIVITY INVOLVED WITH PLAYING COMPETITIVE VOLLEYBALL, USING A MEDICINE BALL TO TRAIN FOR ONE OR TWO HANDS, SETTING A VOLLEYBALL, TIPPING A VOLLEYBALL, MOVING LATERALLY OR VERTICALLY ON A VOLLEYBALL COURT, DIGGING A VOLLEYBALL, OR IN UNDERTAKING THE ACTIVITIES PROMOTED BY THE SITE OR THE SERVICES, YOU (OR YOUR CHILD, AS APPLICABLE) SHOULD NOT ENGAGE IN THE ACTIVITIES DEMONSTRATED ON THE SITE.

Disclaimers

THE SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS THEREUPON “AS IS” WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE USE OF PERFORMANCE OF THE SITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THE SITE OR ITS SERVERS WILL BE FREE OF VIRUSES.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.

The Company reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THIS EXCLUSION OF LIABILITY, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW. IN NO EVENT WILL WE BE LIABLE FOR ANY ERRORS IN PROCESSING OF YOUR CREDIT CARD INFORMATION UNDERTAKEN BY ANY THIRD PARTY PROVIDER WITH WHOM WE CONTRACT TO PROVIDE SUCH SERVICES.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Submissions that you legally post on the Site. Except for your own User Submissions, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and Conditions and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

SETTERTRAINING.COM, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Conduct

You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
• harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Your Privacy

Your privacy is important to us, and we take certain steps to ensure your personally identifiable information is protected in compliance with applicable law. You hereby agree and accept the terms of our Privacy Policy, as amended from time to time, which can be found at https://www.settertraining.com/privacy-policy

Third Party Websites and Content

The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other websites may provide links to the Site with or without our authorization. We have no control over sites that provide links to the Site, and you acknowledge and agree that we do not necessarily endorse such sites and are not responsible for any links from those sites to the Site or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that we provide links to or that provide links to the Site, or (ii) any content, goods, or services available on or through any such sites or resources. We shall have the right, at any time and in our sole discretion, to block links through technological or other means, without prior notice.

Governing Law and Choice of Forum

These Terms and Conditions shall be interpreted and construed according to, and governed by, the laws of the State of Georgia.  The Circuit Court of Fulton County shall have exclusive jurisdiction to hear any dispute under these Terms and Conditions.  In any action brought to enforce the Terms and Conditions, the Company shall be entitled to recover its reasonable costs and attorney’s fees, provided the Company is the prevailing party in such action.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Submissions, communications with us, Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes.

No Waiver

The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.

Severability

If any term of these Terms and Conditions is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms and Conditions will remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service.