Terms of Service

These Terms of Service are a contract between you and National Scholastic Sports Foundation Inc. ("NSSF"). NSSF operates http://www.headcountreg.com/ ("Head Count Site") and the meet registration, collection and storage services therein (collectively the Service"). By using the Head Count Site and any services accessible from the Head Count Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Head Count Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE HEAD COUNT SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE HEAD COUNT SITE AT YOUR OWN RISK.

Your Account

In order to open an "Account" on the Head Count Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by NSSF during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. NSSF cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the NSSF Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Head Count's Privacy Policy.

Accounts registered by "bots" or other automated methods are not permitted.

License Grants and Restrictions

NSSF hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Head Count Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Head Count Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Head Count Site. All rights not expressly granted to you are reserved by NSSF and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Head Count Site in any way; (ii) modify or make derivative works based upon the Head Count Site; (iii) reverse engineer or access the Head Count Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Head Count Site, or (c) copy any features, functions or graphics of the Head Count Site. You further acknowledge and agree that, as between the parties, NSSF owns all right, title, and interest in and to the Head Count Site, including all intellectual property rights therein.

Your Responsibilities

Impermissible Acts

As a condition to your use of the Head Count Site, you agree not to:

Feedback

In the course of using the Head Count Site, you may provide NSSF with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Head Count Site (collectively "Feedback"). You hereby grant NSSF a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Violation of these Terms of Service

NSSF reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. NSSF may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that NSSF has no obligation to pre-screen or monitor your access to or use of the Head Count Site or any information, materials or other content provided or made available through the Head Count Site, but has the right to do so. You hereby agree that NSSF may, in the exercise of NSSF's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Profile link in the navigation bar at the top of the screen. The Account page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from NSSF once your account is cancelled. Please be aware that NSSF may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately.

Termination.

NSSF, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service or. In each such case NSSF may refuse to provide you any current or future use of the Head Count Site, or any other NSSF Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from NSSF once your account is terminated; however NSSF may for a time retain residual information in our backup and/or archival copies of our database.

NSSF reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Head Count Site and Prices

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Head Count Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.

Head Count does not pre-screen Content, but NSSF and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Head Count Site.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE HEAD COUNT SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. NSSF AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NSSF AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. NSSF DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE HEAD COUNT SITE WILL BE CORRECTED. NSSF AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. NSSF AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NSSF SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE HEAD COUNT SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE HEAD COUNT SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NSSF OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR HEAD COUNT SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF NSSF OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR HEAD COUNT SITE, FROM INABILITY TO USE THE SERVICES OR HEAD COUNT SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR HEAD COUNT SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR HEAD COUNT SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NSSF SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall NSSF or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

These Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Head Count.

Questions about the Terms of Service should be addressed to info@headcountreg.com or by mail at: National Scholastic Sports Foundation, Inc., PO Box 16702, Chapel Hill, NC 27516