Your privacy is important to OARugbySanDiego.com. This privacy statement provides information about the personal information that OARugbySanDiego.com collects, and the ways in which OARugbySanDiego.com uses that personal information.
Personal information collection
OARugbySanDiego.com may collect and use the following kinds of personal information:
- information about your use of this website
- information that you provide using for the purpose of registering with the website
- information about transactions carried out over this website
- information that you provide for the purpose of subscribing to the website services
- any other information that you send to OARugbySanDiego.com
Using personal information
OARugbySanDiego.com may use your personal information to:
- administer this website
- personalize the website for you
- enable your access to and use of the website services
- publish information about you on the website
- send to you products that you purchase
- supply to you services that you purchase
- send you statements and invoices
- collect payments from you
- send you marketing communications
Where OARugbySanDiego.com discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, OARugbySanDiego.com may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
OARugbySanDiego.com will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
OARugbySanDiego.com will store all the personal information you provide on its secure servers.
Information relating to electronic transactions entered into via this website will be protected by encryption technology.
Cross-border data transfers
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
OARugbySanDiego.com is not responsible for the privacy policies or practices of any third party.
Terms & Conditions
- This Agreement sets forth the terms and conditions of use for this web site operated by San Diego Old Aztecs Rugby Football Club (referred to as “San Diego Old Aztecs,” “San Diego Old Aztecs RFC,” “OA Rugby,” “San Diego OA’s,” “OA’s”, “we,” “us,” or “our” herein) at www.oasandiegorugby.com referred to as the “Site.” The term “you” refers to anyone who accesses, reviews, or in any way makes use of the Site. San Diego Old Aztecs Rugby Football Club reserves the right to change, modify, add or remove portions of this Agreement at any time. Your continued use of the Site after such notice will be deemed to constitute acceptance of such changes, revisions or modifications. Please check this Agreement periodically for changes.
- TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. San Diego Old Aztecs Rugby Football Club may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to San Diego Old Aztecs Rugby Football Club, such termination effective 10 business days following acknowledgment of receipt of such notice by San Diego Old Aztecs Rugby Football Club. San Diego Old Aztecs Rugby Football Club may also suspend Your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, a Registered Member, a Sponsor, or a Corporate Partner, Your Account will be closed, and You must promptly discontinue all access to any part of the Site. Sections 2, 3, 4, 5, 6, 8, 11, and 12 will survive termination or expiration of this Agreement for any reason.
- SCOPE OF USE. The Site is owned by San Diego Old Aztecs Rugby Football Club. You may access and use the Site solely for lawful, personal, informational, non-commercial purposes, commercial purposes only, and only in accordance with the terms of this Agreement. San Diego Old Aztecs Rugby Football Club reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
San Diego Old Aztecs Rugby Football Club, may, from time to time, offer Site users the opportunity to download certain software from the Site. For purposes of this Agreement, the term “software” includes any files or images incorporated in or generated by the software, and any data accompanying the software. We hereby grant to you a non-exclusive and non-transferable license, during the term of this Agreement, to download and use a single copy of any software that we so offer to Site users on a single computer for your lawful, personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices contained in such software.We also invite you to download a single copy of the text, graphics, animation, photographs and other materials contained in the Site on any single computer for your personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices contained in such materials.
The use of any such materials (including the software) in any other manner or for any other purpose, including on any other web site or networked computer environment is prohibited.The Site is controlled and operated by San Diego Old Aztecs Rugby Football Club from within the United States of America. Unless otherwise specified, the materials contained in the Site are presented solely for the use of users located in the United States of America and its territories and possessions. Those who choose to access the Site from other jurisdictions do so at their own initiative and are solely responsible for compliance with applicable laws, rules and regulations.All software contained in the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on or offered through the Site and any other contents of the Site (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted and referenced on the Site, as between You and San Diego Old Aztecs Rugby Football Club, its Sponsors, Corporate Partners, Spartans, affiliates, and vendors (“Affiliates”), all Site Content is owned by San Diego Old Aztecs Rugby Football Club and its Affiliates. The non-exclusive non-transferable license described in the “Scope of Use” Section of this Agreement does not confer on you ownership rights in or to the Site or the Site Content through this Agreement. You may only use the Site Content for personal, non commercial use. You may not use any robots, data mining tools or other data gathering tools to extract Site Content. You may not create or publish a database containing a substantial amount of Site Content. You may not use any Site Content for any commercial purpose or charge a fee or other consideration in exchange for the Site Content. You may not utilize the Site Content to sell, advertise, endorse, or otherwise promote any other service, product or party. The creation of derivative works based on any materials contained in the Site including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited.
- POSTINGS AND UPLOADS. The Sites may include questionnaires, surveys, forums, bulletin boards, chat rooms, blogs or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; (4) an advertisement or solicitation of funds, goods, or services, unless approved by San Diego Old Aztecs Rugby Football Club under your membership package, as detailed on this site. You hereby represent and warrant to San Diego Old Aztecs Rugby Football Club and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppels, or otherwise, to grant San Diego Old Aztecs Rugby Football Club the rights discussed in this Section. You will indemnify, defend, and hold harmless San Diego Old Aztecs Rugby Football Club and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in this Section. By providing or uploading any Provided Content to the Sites, You grant San Diego Old Aztecs Rugby Football Club a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, You waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant San Diego Old Aztecs Rugby Football Club the right to use Your name in connection with the reproduction or distribution of such material.
- TRADEMARKS. “San Diego Old Aztecs Rugby Football Club Marks” means the words SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB, the San Diego Old Aztecs Rugby Football Club Crest, and all other trademarks, service marks, words, symbols, terms, logos, emblems, designs, designations and trade dress used by San Diego Old Aztecs Rugby Football Club in connection with its goods and services. All San Diego Old Aztecs Rugby Football Club Marks are the exclusive property of San Diego Old Aztecs Rugby Football Club. This Agreement does not authorize you to use any San Diego Old Aztecs Rugby Football Club Mark. Any such use is expressly prohibited. Unauthorized use of any San Diego Old Aztecs Rugby Football Club Mark may be a violation of federal and state trademark laws.
- CLAIMS OF INFRINGEMENT. Just as San Diego Old Aztecs Rugby Football Club requires users of the Site to respect the copyrights and other intellectual property rights of San Diego Old Aztecs Rugby Football Club, its Affiliates, and other third parties, San Diego Old Aztecs Rugby Football Club respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization or reference, in a way that constitutes copyright infringement, You may notify our designated copyright agent by email to:firstname.lastname@example.orgPlease provide the following information to San Diego Old Aztecs Rugby Football Club’s Copyright Infringement Agent:
- the identity of the infringed work, and of the allegedly infringing work
- Your name, address, daytime phone number, and E mail address, if available
- a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law
- a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner
- Your electronic or physical signature
- REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of San Diego Old Aztecs Rugby Football Club and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) all information You provide to San Diego Old Aztecs Rugby Football Club in connection with this Agreement and Your access to the Site and use of the services and information is correct and current.
INFORMATION, NEWS AND PRESS RELEASES. The Site may contain information, news and/or press releases about San Diego Old Aztecs Rugby Football Club and its affiliated organizations. While this information is believed to be accurate as of the date it was prepared, San Diego Old Aztecs Rugby Football Club and its affiliated organizations disclaim any duty or obligation to update such information.
- REGISTRATION AND PASSWORDS. Until You apply for and are approved as a registered user, member, sponsor, or corporate partner of the Site, Your access will be limited to the public areas of the Site. Your approval as a Registered User is at the sole discretion of San Diego Old Aztecs Rugby Football Club. In connection with Your application to become a Registered User, You will be asked to submit certain information about yourself (“Registration Information”). If Your application to become a Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Sites (an “Account”). You agree to keep Your Account information and password confidential. You agree to notify San Diego Old Aztecs Rugby Football Club immediately of any actual or suspected unauthorized use of Your Account. You are solely responsible for all activities that occur through Your Account. San Diego Old Aztecs Rugby Football Club will not be responsible for any loss to You caused by Your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, You will be permitted to create a user ID for use in identifying Your Account (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that San Diego Old Aztecs Rugby Football Club, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of Your Account.
- LINKS TO THIRD PARTY WEB SITES. The Site includes links to web sites owned by third parties solely as a convenience to our users. The terms and conditions of this Agreement do not apply to any such linked web sites, and such linked web sites are not under the control of San Diego Old Aztecs Rugby Football Club. Further, San Diego Old Aztecs Rugby Football Club does not endorse any such linked web sites, or the information, materials, products or services that are contained in or accessible through such linked web sites. SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES THAT ARE CONTAINED IN OR ACCESSIBLE THROUGH SUCH LINKED WEB SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.You acknowledge and agree that San Diego Old Aztecs Rugby Football Club is not responsible for the content, accuracy, legality, decency, copyright compliance, privacy practices, security or any other aspects of any such linked web sites, and that the access or use of any such linked web sites is solely at your own risk, and you hereby waive any and all claims against San Diego Old Aztecs Rugby Football Club with respect to such linked web sites.
- SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB DISCLAIMER AND LIMITATION OF LIABILITY. All information provided on this website (including but not limited to medical and safety, injury prevention, emergency planning, and legal), whether by San Diego Old Aztecs Rugby Fooball Club or another person, is for general informational purposes only. The information provided does not address specific situations or facts, is not necessarily complete, accurate or up to date, and is not professional or legal advice. Users of this site should not rely upon the information in this site to make decisions about legal, medical, safety, security, insurance questions, or other specific questions or issues, but should seek the opinions of qualified professionals. SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE, LOSS, OR LIABILITY RESULTING FROM USE OR RELIANCE UPON THIS WEBSITE OR ANY INFORMATION CONTAINED IN THE WEBSITE.
- DISCLAIMER OF WARRANTIES. PRODUCTS OR MATERIALS OBTAINED OR ORDERED FROM, OR DESIGNED OR MANUFACTURED BY SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB (THE “PRODUCTS”, EACH A “PRODUCT”), THE SITE, AND ALL MATERIALS, INFORMATION, AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED BY SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISTRIBUTED WITH THE PRODUCTS OR DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITES. YOU AGREE THAT YOUR ACCESS TO THE SITES OR USE OF THE PRODUCTS IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITES OR USE OF THE PRODUCTS. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT AND EXCEPT AS SET FORTH IN THIS SECTION 12.1, SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITES AND THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB’S CONTROL MAY OCCUR FROM TIME TO TIME. YOUR USE OF THE SITE AND THE PRODUCTS IS AT YOUR OWN RISK.12.2 LIMITATION OF LIABILITY. SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR RELIANCE UPON ANY PART OF THE WEBSITE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), NO MATTER HOW CAUSED, EVEN IF SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $100. IN THE EVENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB’S LIABILITY THERE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- ASSUMPTION OF RISK AND RELEASE. YOU UNDERSTAND THAT RUGBY INVOLVES RISK OF INJURY. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE PROPER OPERATION OF THE PRODUCTS. YOU UNDERSTAND THAT THE PRODUCTS CANNOT PREVENT INJURY AT ALL TIME OR UNDER ALL CIRCUMSTANCES, THAT IT IS NOT POSSIBLE TO PREDICT EVERY SITUATION IN WHICH THEY WILL NOT WORK, AND THAT THEIR USE CANNOT GUARANTEE YOUR SAFETY OR FREEDOM FROM INJURY WHEN YOU PLAY OR PARTICIPATE IN RUGBY OR RELATED ACTIVITIES. YOU KNOWINGLY AND FREELY ACCEPT AND ASSUME ALL SUCH RISKS ASSOCIATED WITH RUGBY ACTIVITIES, EVEN IF ARISING FROM THE NEGLIGENCE OF SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB. YOU FULLY AND FOREVER RELEASE AND DISCHARGE SAN DIEGO OLD AZTECS RUGBY FOOTBALL CLUB AND ITS OWNERS, AGENTS, AFFILIATES AND EMPLOYEES FROM ANY AND ALL INJURIES, LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS), AND ANY OTHER LIABILITY OF ANY KIND OF OR TO YOU OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH USE OF THE PRODUCTS AND THE SITE.
- REFUND AND RETURN.San Diego Old Aztecs Rugby Football Club wants You to be 100% satisfied with the membership you select, or any products you purchase. If you are not 100% satisfied with your membership or product purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 30 days from the purchase date by emailing a return request to:email@example.com.Returned or exchanged products must be in the condition you received them and in the original box and/or packaging. Sponsorship and Corporate Partnership, once paid for will only be refunded upon the discretion of San Diego Old Aztecs Rugby Football Club. Any Branding of merchandise is non refundable, once You have signed off on the order.
- INDEMNIFICATION. You hereby indemnify, defend, and hold harmless San Diego Old Aztecs Rugby Football Club and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing the Site or Your breach of any term of this Agreement. You further indemnify, defend and hold harmless the Indemnified Parties with respect to any and all injury disability, death, loss or damage arising out of or in connection with selection, installation, maintenance, adjustment and use of the Products, whether arising from the negligence of the Indemnified Parties or otherwise, to the fullest extent permitted by law. San Diego Old Aztecs Rugby Football Club will provide You with notice of any such claim or allegation, and San Diego Old Aztecs Rugby Football Club will have the right to participate in the defense of any such claim at its expense.
- NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to San Diego Old Aztecs Rugby Football Club by email to the address for San Diego Old Aztecs Rugby Football Club listed on the Site, firstname.lastname@example.org. With respect to San Diego Old Aztecs Rugby Football Club’s notices to You, San Diego Old Aztecs Rugby Football Club may provide notice of amendments by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, San Diego Old Aztecs Rugby Football Club may give notice by sending E-mail to the E-mail address You provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an E-mail is sent, unless (as to E-mail) the sending party is notified that the E-mail address is invalid.
- THIRD-PARTY BENEFICIARIES. San Diego Old Aztecs Rugby Football Club’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights.
- NONASSIGNMENT. You may not assign or transfer any of Your rights hereunder, and any attempt to do so will be null and void.
- INTEGRATION. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified except upon mutual written agreement of both parties. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
- SEVERABILITY. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- JURISDICTION AND VENUE. This Agreement will be governed by the laws of the State of California, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in and for San Francisco, California. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.