THE BALLERZ DEN TERMS AND CONDITIONS OF USE
READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF THIS WEBSITE (theballerzden.com) AND/OR ANY THE BALLERZ DEN (“THE BALLERZ DEN”) SERVICE SHALL MEAN THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS including THE BALLERZ DEN’s PRIVACY POLICY – GDRP Statement incorporated herein by reference. THE BALLERZ DEN’s Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT USE THIS WEBSITE AND DO NOT UTILIZE THE SERVICES OFFERED BY THE BALLERZ DEN.
If you are under the age of sixteen, you must gain your parent or guardian’s permission to use this website. For purposes herein, ‘you’ or ‘your’ shall be any person accessing this website or utilizing any of the services offered by THE BALLERZ DEN including the parent(s) or legal guardian(s) of a minor who utilizes the services of THE BALLERZ DEN for the benefit of such minor. THE BALLERZ DEN now gives notice that it reserves the right to change or modify any or all of these terms and conditions at its sole discretion and without further notice to you. Your use, or continued use, of this website and/or THE BALLERZ DEN services shall mean that you accept any and all changes and modifications. It is your sole responsibility to inform the applicable personel and any companion(s) of these terms and conditions as you shall indemnify THE BALLERZ DEN from claims and actions which arise from each such person that they were not made aware of these terms and conditions of use.
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THE BALLERZ DEN.
THE BALLERZ DEN visits soccer camps (“Camps”) each year to meet the staff and operators of the various Camps, inspect the accommodations and menus, review the sports programs, and gain knowledge of the various offerings. THE BALLERZ DEN HAS NO AUTHORITY OR CONTROL OVER THE OPERATION OR POLICIES OF THE CAMPS. In the event you are not satisfied with a Camp, you shall look solely to the applicable Camp for rectification and/or satisfaction and shall hold THE BALLERZ DEN harmless and not responsible for any and all expected or unexpected, known or unknown, incurred injuries, damages, losses or inconveniences caused to you and/or the registrants . THE BALLERZ DEN reserves the right to refuse service to anyone for any reason. THE BALLERZ DEN may require additional information depending on the medical information supplied to us by you before we can accept your booking. THE BALLERZ DEN suggests that you obtain insurance related to the travel and enrollment as THE BALLERZ DEN is not responsible for refunds of any money which may be due to you by Camp or for increased charges by Camps.
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REGISTRATION.
It is your sole responsibility to contact THE BALLERZ DEN in writing via email with any questions prior to use of the services of this website. Data processed and stored may be outside of the country of origin. You must be 18 years or older to make a registration and provide payment and/or payment information for a Camp. Active Network, a third party, processes the Camp registration form. THE BALLERZ DEN encourages you to read Active’s terms prior to submitting your registration as THE BALLERZ DEN is not responsible for the information practices of such third party. All registration information must be accurate and complete and if your information changes prior to start of your use of services, you must promptly update the information by sending an email to THE BALLERZ DEN. By your use of this Site and registration, you represent and warrant to THE BALLERZ DEN that you have full legal authority to complete registration, complete the registration including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this registration. By proceeding with registration, you agree that the Terms herein shall apply equally to you and to any third parties for whom you are acting as agent. You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities and charges that occur under your account. If you have reason to believe that someone is using your account without your permission you shall notify THE BALLERZ DEN immediately by email. THE BALLERZ DEN will not be responsible for any loss or damage resulting from your failure to notify THE BALLERZ DEN of unauthorized use.
PRICING; DEPOSIT; CREDIT CARD AUTHORIZATION PRICING PROVIDED ON THIS SITE IS SUBJECT TO CHANGE. All monies are in United States currency. Additionally, you will be fully responsible for any necessary medical fees for your registrant should such be required during the services and/or for any damage to property caused by your registrant.
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COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if registering a child, especially one under fourteen (14) years of age, you are the parent or guardian of such child and do hereby expressly consent to (i) the collection of such child’s personal information necessary to process and complete the registration, (ii) the collection, processing, use and publication in whatever medium electronic or print of such child’s image and / or voice by THE BALLERZ DEN or the for publicity, advertising or any legitimate purpose of THE BALLERZ DEN, (iii) the processing of personal data relating to the child’s health by THE BALLERZ DEN and insurers for the purpose of the child enrolling and participating, and (iv) THE BALLERZ DEN contact regarding its offerings. You may exercise your rights of access, rectification, cancellation and opposition by written notice to THE BALLERZ DEN at the addresses provided. Please read the Privacy Policy provided on this Site for additional terms.
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INSURANCE.
THE BALLERZ DEN strongly recommends the purchase of insurance coverage for travel, cancellation, medical and personal property for all your travelers from a broker of your choice. You acknowledge that it is your responsibility to understand the limitations of your insurance coverage and you agree that THE BALLERZ DEN is in no way responsible for any losses not covered by the insurance policy. THE BALLERZ DEN is not responsible for nor involved with underwriting decisions on claims made by you to the insurance company.
USAGE; COPYRIGHT. This Site contains material which is owned by or licensed to THE BALLERZ DEN. i) This Site contains links to other websites for which THE BALLERZ DEN assumes no responsibility for the content found therein. THE BALLERZ DEN does not necessarily endorse or evaluate third party content and websites and does not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services. THE BALLERZ DEN’s inclusion of such links to third party sites, for which THE BALLERZ DEN may receive remuneration, does not imply any endorsement of the material or product offered therein. ii) By utilizing the services offered at this Site you represent that you are of sufficient legal age to utilize THE BALLERZ DEN services and to create a binding legal obligation for any liability you may incur as a result of such usage. Those under the age of fourteen (14) must ask and gain their parent or guardian’s permission before using this Site or sending any personal information over the Internet. iii) This Site may not be used to make any false or fraudulent reservations. iv) You represent and warrant to THE BALLERZ DEN that you will not use this Site nor THE BALLERZ DEN services for any purpose that is unlawful or prohibited. v) This Site is provided on an ‘as is’ and ‘as available’ basis without warranty that this Site is free from infection by viruses or contaminating or destructive properties. vi) You are responsible for compliance with all laws applicable hereunder. vii) This Site is protected by the copyrighted laws of the United States, international treaties, patent, trademarks laws and other intellectual property laws. THE BALLERZ DEN owns (or licenses) the logo, design, all wallpaper, icons, characters, artwork, images, graphics, music, text, software, and other content on this Site. You may not reproduce, copy, or redistribute the design or layout of the THE BALLERZ DEN Site, individual elements of the Site design without the express written permission of THE BALLERZ DEN. All rights reserved.
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DISCLAIMER OF WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BALLERZ DEN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND – EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY – INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE BALLERZ DEN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND/OR SERVICES, ARISING OUT OF YOUR USE OF THE BALLERZ DEN SERVICES AND/OR SITE EVEN IF THE BALLERZ DEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, YOU HEREBY AGREE TO INDEMNIFY THE BALLERZ DEN FROM ANY CLAIM ARISING FROM THE PROVISION OF SERVICES BY THE BALLERZ DEN OR A CAMP TO YOU UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IF DESPITE THE EXCLUSIONS CONTAINED IN THIS CLAUSE, THE BALLERZ DEN SHOULD BE FOUND LIABLE IN A COURT OF COMPETENT JURISDICTION AS PERMITTED HEREIN, IN NO EVENT SHALL THE BALLERZ DEN’s TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) TO YOU EXCEED THE AMOUNT RECEIVED BY THE BALLERZ DEN IN CONSULTING FEES, IF ANY, FOR THE BOOKING OF YOUR SPECIFIC THE BALLERZ DEN SERVICE.
HOLD HARMLESS. You shall hold THE BALLERZ DEN not responsible for and harmless from: i) any omissions, errors, or acts committed by any Camp including failure to comply with any/all domestic and/or international laws, breach of contract, failure to provide paid-for reservations, intentional or unintentional actions or omissions that result in but are not limited to loss/damage/delay/ inconvenience/injury to you, which includes those traveling with you; ii) for the insolvency, receivership, bankruptcy, liquidation, or similar financial condition (known or unknown) of any Camp; iii) for any credit card unauthorized use or fraudulent, unscrupulous acts committed by any Camp, or persons as the result of your credit card information made available by THE BALLERZ DEN to a Camp hereunder.
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LEGAL.
This Site and its content is copyright of THE BALLERZ DEN. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express prior written permission, distribute or commercially exploit the content. In the event of any inconsistency between these THE BALLERZ DEN Terms and the terms and conditions of the specific Camp, with respect to THE BALLERZ DEN services, these Terms shall govern. Use of the Site and/or THE BALLERZ DEN services shall be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to any principles of conflicts of law. Any dispute arising from or related to this Site or THE BALLERZ DEN services will be heard by the appropriate federal and/or state courts located in New Castle County, Delaware, United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE BALLERZ DEN OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Upon request, the prevailing party in such suit shall receive up to five thousand dollars from the other party for reimbursement of legal fees. We reserve the right to change our Terms and encourage you to check back regularly.