TERMS AND CONDITIONS OF USE
Welcome to the S
anagement and A
eports for T
enpins (“SMART”) Online System provided by the United States Bowling Congress (hereinafter referred to as the “Organization”). The SMART Online System is part of the Smart Program provided by the Organization to assist youth bowlers and life-long learners to achieve their full potential in life through their accomplishments in bowling competition and educational learning. Further information about the SMART Program is available here
. By using SMART Online System, including all websites provided through the system and any portal websites through which a user can access the system (all such websites collectively hereinafter referred to as the “System”), the user agrees to the following Terms and Conditions of Use with the Organization. In addition, each user agrees to adhere to all requirements of the program as contained in the SMART program manual and any additional guidelines or rules posted on the System, all of which are incorporated herein by reference.
The Organization reserves the right at any time to:
• Amend or change the requirements outlined in the SMART program manual
• Change the Terms and Conditions of Use; or
• Change the System, including eliminating or discontinuing any content on or feature of the System.
Any such changes will be effective immediately upon notice, which may be provided to users by any means including, without limitation, posting a revised version of these Terms and Conditions of Use on the System. A user’s continued use of the System after such notice will be deemed acceptance of such change. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms and Conditions of Use.
When using the System, a user’s account will be tied to a username and password selected by the user (collectively hereafter referred to as “Credentials”). The user is solely responsible for maintaining the confidentiality of the user’s Credentials and will be fully responsible for all activities that occur through the System under the user’s Credentials. The user will promptly notify the Organization of any unauthorized use of the user’s Credentials or any other breach of security associated with the System. The Organization is not liable for any loss or damage arising from a user’s failure to comply with this provision.
Content provided to Organization for use with the System by a user in any form and using any transmission or upload mechanism is hereinafter referred to as “Member Content.” As between the user and the Organization, the user from whom the Member Content originates owns the Member Content including any intellectual property rights associated with such Member Content. However, each user grants the Organization a worldwide, royalty-free, non-exclusive, and fully-sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Member Content (in whole or in part) and/or to incorporate such Member Content into other works in any form, media, or technology now known or later developed.
Content included in the System provided by Organization is hereinafter referred to as “Organization Content.” As between any user and the Organization, Organization Content is owned by the Organization including any intellectual property rights associated with such Organization Content and may not be used without the express written permission of the Organization.
Each user acknowledges that the Organization does not pre-screen Member Content, but that the Organization and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Member Content that is available through the System. Without limiting the foregoing, the Organization and its designees shall have the right to remove any Member Content that violates these Terms and Conditions of Use or is otherwise objectionable.
The Organization respects rights granted under copyright law to copyright holders. Title II of the Digital Millennium Copyright Act (“DMCA”) creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities. The Organization is a “service provider” as defined under the DMCA. Therefore, if the Organization receives proper notification of claimed infringement as required under Title II of the DMCA, the Organization will expeditiously take down or block access to the Member or Organization Content as required under Title II of the DMCA.
Users of the System may provide links to other sites or resources (hereinafter referred to as “Linked Content”) through their postings or other uses of the System. Because the Organization has no control over Linked Content, all users of the System acknowledge and agree that the Organization is not responsible for the availability of Linked Content and the Organization does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through Linked Content. Users of the System also acknowledge and agree that the Organization 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 use of or reliance on any Linked Content.
V. General Restrictions of Use
No user will:
• violate any laws or third party rights through use of the System;
• use the System if they are not a registered Provider or Scholarship Recipient (see definitions below);
• use the System if they are temporarily or indefinitely suspended from using the System;
• post abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material deemed inappropriate by the Organization or that may violate any applicable laws, including copyright laws;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information provided for account setup) through the System;
• transfer their account for the System to another party without prior consent of the Organization;
• copy, modify, or distribute content from the System in violation of the intellectual property rights of the Organization or other users;
• harvest or otherwise collect information about users of the System, including email addresses, without their consent;
• take any action that imposes or may impose (in the Organization’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the System;
• use any robot, spider, scraper or other automated means to access the System for any purpose without the express written permission of the Organization;
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes through the System;
• distribute viruses or any other technologies through the System that may harm the System or the interests or property of other users;
• interfere or attempt to interfere with the proper working of the System or any activities conducted on or with the System;
• bypass or attempt to bypass any measures taken by the Organization to prevent or restrict access to the System or to protect either Member Content (including, without limitation, user Credentials) or Organization Content; or
• use the System in any manner deemed inappropriate by the Organization.
General guidelines and instructions for using the System can be found here
VI. Specific Use of the System by Providers
A “Provider” is any user of the System that represents an organization enrolled in the SMART program offered by the Organization that has completed the required registration with SMART, which have been submitted to the Organization and accepted by the Organization.
A Provider can use the System to view and print account information, change basic information, view and print annual statements, submit recipient information lists, and submit scholarship fund deposits.. All scholarship fund deposits made by Providers are non-refundable.
Any information provided to the System by a Provider will not be verified by the Organization and the Organization will not be liable for any information submitted by a Provider.
Further details regarding the rules and regulations governing organizations enrolled in the SMART Program are available in the SMART Online System and are incorporated herein by reference.
VII. Specific Use of the System by Scholarship Recipients
A “Scholarship Recipient” is any user of the System that represents an individual bowler enrolled in the SMART program offered by the Organization that has completed the required registration forms with SMART (or had the required registration forms completed on their behalf), which have been submitted to the Organization and accepted by the Organization.
A Scholarship Recipient can use the System to view and print account information, change basic information, view scholarships received, view scholarship disbursements, and submit scholarship funds requests.
Any information provided to the System by a Scholarship Recipient will not be verified by the Organization and the Organization will not be liable for any information submitted by a Scholarship Recipient.
Further details regarding the rules and regulations governing Scholarship Recipients enrolled in the SMART Program are available in the SMART Online System and are incorporated herein by reference.
VIII. Failure of Providers to Make Required Scholarship Fund Deposits
IF A PROVIDER FAILS TO MAKE A REQUIRED SCHOLARSHIP FUND DEPOSIT UNDER THE SMART PROGRAM (THROUGH THE SYSTEM OR VIA OTHER MEANS), THE ORGANIZATION WILL NOT BE LIABLE TO ANY SCHOLARSHIP RECIPIENT FOR ANY AMOUNT OR FOR ANY LOSS OR DAMAGE CAUSED BY THE FAILURE OF THE PROVIDER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF THE ORGANIZATION WAS MADE AWARE OF THE CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES. NOTHING IN THESE TERMS AND CONDITIONS OF USE, HOWEVER, PREVENTS A SCHOLARSHIP RECIPIENT FROM SEEKING DAMAGES OR LOSSES FROM A PROVIDER FAILING TO MAKE A REQUIRED SCHOLARSHIP FUND DEPOSIT.
IX. Abuse of the System
All users of the System are encouraged to report any problems, offensive consent, and policy violations to the Organization. The Organization will take action to investigate any reported problems, offensive consent, and policy violations. The Organization, without limiting other remedies, may limit, suspend, or terminate accounts, prohibit access to the System, delay or remove posted content, and take technical and legal steps to keep users from using the System if the Organization believes they are creating problems or possible legal liabilities, are infringing on the intellectual property rights of third parties, or are acting inconsistent with the letter and spirit of these Terms and Conditions of Use.
Each user agrees that the Organization, in its sole discretion, may suspend or terminate a user’s account with the System, remove and discard any Member Content provided by the user, and prevent the user from creating a new account with the System indefinitely or for an amount of time decided by the Organization at its sole discretion for any reason.
If the Organization is suspending or terminating a user’s account due to a user’s violation of these Terms and Conditions of Use, the Organization may terminate or suspend the user’s account without prior notice. Similarly, if the Organization is suspending or terminating a user’s account due to a user’s lack of use of the System for a long period of time (in the Organization’s sole discretion), the Organization may terminate or suspend the user’s account without prior notice.
Suspension of a Provider’s account with the System may affect the Provider’s enrollment with the SMART Program, and, if the Organization suspends a Provider’s account, the Organization will provide the Provider with specific information regarding the Provider’s status within the SMART Program and the Provider’s obligations for past and future scholarship fund deposits.
Suspension of a Scholarship Recipient’s account with the System may affect the Recipient’s enrollment with the SMART Program, and, if the Organization suspends a Scholarship Recipient’s account, the Organization will provide the Recipient with specific information regarding the Recipient’s status within the SMART Program and the Recipient’s entitlement for past and future scholarship funds.
XI. Fees and Services
Establishing an account with the System is free and using the System is free. The only payments accepted by the System are scholarship fund deposits from Providers. All such deposits are quoted in U.S. Dollars and each Provider is responsible for timely paying all such deposits with a valid payment method (either through the System or via other payment mechanisms). If a payment method fails or a Provider’s account is past due, the Organization may collect scholarship funds owed using other collection mechanisms, and the Provider will be responsible for paying the amount owed, plus any fees or costs incurred to collect the amounts owed by the Provider. However, under no circumstances is the Organization responsible for undertaking any collection action and any such collection action is performed at the sole discretion of the Organization.
XII. Disclaimer of Warranties and Liabilities
THE SYSTEM AND ANY ORGANIZATION AND MEMBER CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR WARRANTIES OR REPRESENTATIVES, IF ANY, EXPRESSLY PROVIDED IN WRITING ABOVE, THE ORGANIZATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ORGANIZATION DOES NOT WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES THE ORGANIZATION MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE, OR SUITABILITY OF THE SYSTEM OR ANY ORGANIZATION OR MEMBER CONTENT AVAILABLE ON THE SYSTEM. IN THE EVENT OF ANY PROBLEM WITH THE SYSTEM OR ANY ORGANIZATION OR MEMBER CONTENT, THE SOLE REMEDY FOR ANY USER IS TO CEASE USING THE SYSTEM. ALSO, EACH USER OF THE SYSTEM AGREES THAT IT WILL NOT HOLD THE ORGANIZATION RESPONSIBLE FOR MEMBER CONTENT OR OTHER USER’S CONTENT, ACTIONS, OR INACTIONS ASSOCIATED WITH THE SYSTEM.
XIII. Limitation of Liability
NOTWITHSTANDING THE PREVIOUS PARAGRAPH, IF FOR ANY REASON THE ORGANIZATION IS FOUND LIABLE, THE ORGANIZATION’S LIABILITY TO ANY USER OR THIRD PARTY IS LIMITED TO THE TOTAL SCHOLARSHIP FEES PAID BY A PROVIDER OR THE TOTAL SCHOLARSHIP FEES EARNED BY A RECIPIENT.
Notwithstanding the above provisions, each user of the System agrees to indemnify and hold harmless the Organization and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Member Content or any use by any user of the System (whether or not in violation of these Terms and Conditions of Use).
XV. General Terms
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The Organization may, at its sole discretion, assign these Terms and Conditions of Use and will provide written notice of such assignment by posting a notice on the System.
Headings are for reference purposes only and do not limit the scope or extent of such section.
The Organization’s failure to act with respect to a breach of these Terms and Conditions of Use does not waive the Organization’s right to act with respect to subsequent or similar breaches. The Organization does not guarantee it will take action against all breaches of these Terms and Conditions of Use.
The Organization may amend these Terms and Conditions of Use at any time without prior notice by posting the amended terms and conditions on the System. Except as expressly stated within any posted amended terms and conditions, all amended terms and conditions shall be automatically effective once posted on the System. These Terms and Conditions of Use may not be otherwise amended except in a writing hand-signed by an authorized representative of the Organization and a user of the System. For purposes of this provision only, a “writing” does not include an email message and a signature does not include an electronic signature.
These Terms and Conditions of Use set forth the entire agreement between the Organization and each user of the System and supersede all prior agreements, discussions, representations, and warranties.
Unless otherwise prohibited by applicable law, the use of the System under these Terms and Conditions of Use is governed by and will be construed in accordance with the internal laws of the State of Wisconsin, without regard to any conflict of law rules. The jurisdiction and venue for any litigation arising from or relating to these Terms and Conditions of Use shall be a United States Federal District Court or a Circuit Court in Wisconsin.