1. DEFINITIONS.

“EFPT.NET” is the interactive on-line service operated by Association of Surfing Professionals, LLC (“EFPT”) on the Internet, consisting of information services and content provided by EFPT.NET, EFPT, their affiliates, associated entities, and other third parties. “You” means each person who establishes a connection to EFPT.net for access to and use of EFPT.net. Any use of EFPT.net in connection with your employment constitutes a representation and warranty that you have the authority to bind your employer to these Terms of Use.

2. GENERAL.

(A) EFPT encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including EFPT.net. EFPT.net is not intended for use by people under the age of thirteen (13). If you are under the age of eighteen (18), you should not participate in contests or sweepstakes or other promotional opportunities on EFPT.net, nor should you post information to EFPT.net without a parent or guardian’s consent.

(B) These Terms of Use set forth the terms and conditions that apply to your use of EFPT.net. By using EFPT.net (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use EFPT.net is personal to you and is not transferable to any other person or entity. You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.

(C) EFPT shall have the right at any time to change or discontinue any EFPTect or feature of EFPT.net, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by EFPT or the practices of parties other than EFPT who operate sites that may be linked to or from EFPT.net.

3. CHANGED TERMS.

EFPT shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on EFPT.net, or by electronic or conventional mail, or by any other means by which EFPT may publicize notice thereof. Your use of EFPT.net after such notice shall be deemed to constitute your acceptance of such changes or modifications.

4. EQUIPMENT.

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of EFPT.net and all charges related thereto.

5. REGISTRATION OBLIGATIONS.

If you register with EFPT, you agree to provide true, accurate, current and complete information about yourself. EFPT has the right to suspend or terminate access and refuse any and all current or future use of EFPT.net (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if EFPT reasonably suspects that you have provided untrue, inaccurate, or incomplete information.

6. SMS SUBSCRIPTIONS.

By subscribing to EFPT.net mobile alerts, if available, you certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from EFPT. Service is available on select carriers. Your carrier’s standard message and data rates may apply. EFPT will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from you in connection with SMS service may include your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by EFPT to contact you and to provide services you request.

7. CONDUCT.

(A) You shall use EFPT.net for lawful purposes only. You shall not post or transmit through EFPT.net any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without EFPT’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in EFPT’s discretion restricts or inhibits any other individual from using or enjoying EFPT.net will not be permitted. You shall not use EFPT.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with EFPT.net.

(B) You shall not use or permit or facilitate others to use EFPT.net automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through EFPT.net including without limitation real time video, audio, statistics, polling, or data content, whether current or archival.

(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way EFPT.net or servers or networks connected to EFPT.net, or disobey any requirements, procedures, policies or regulations of networks connected to EFPT.net.

(D) Any gaming features that we make available are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using EFPT.net to gamble or wager on the result of any tournament. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to EFPT.net with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of these Terms of Use.

(E) You shall not create a frame, browser or border around any of the content of EFPT.net or link to EFPT.net without EFPT’s prior express written permission (except that you may use a plain text-only link to the home page of EFPT.net, which link does not in any way imply a sponsorship or affiliation with EFPT.net, EFPT, EFPT TOUR, or any of its affiliates.

(F) EFPT.net contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of EFPT.net are copyrighted as a collective work under United States copyright laws. EFPT owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of EFPT and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

(G) You shall not upload, post or otherwise make available on EFPT.net any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of EFPT.net, you automatically grant, or warrant that the owner of such material has expressly granted, EFPT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant EFPT the right to edit, copy, publish and distribute any material you make available on EFPT.net. The foregoing provisions of Section 7 are for the benefit of EFPT its, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

(A) YOU AGREE THAT USE OF EFPT.NET IS AT YOUR SOLE RISK. NEITHER EFPT, EFPT.NET, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT EFPT.NET WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EFPT.NET, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH EFPT.NET. EFPT.NET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(B) NEITHER EFPT.NET, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN EFPT.NET, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EFPT.NET.

(C) YOU AGREE THAT NEITHER EFPT, EFPT.NET, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. MONITORING.

EFPT shall have the right, but not the obligation, to monitor the content of EFPT.net, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by EFPT and to satisfy any law, regulation or authorized government request. EFPT shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on EFPT.net. Without limiting the foregoing, EFPT shall have the right to remove any material that EFPT, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless EFPT, EFPT.net, its parent company, and their respective affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of EFPT.net by you or any third party.

11. TERMINATION.

Either EFPT or you may terminate your access to and/or use of EFPT.net at any time. Without limiting the foregoing, EFPT shall have the right to immediately terminate your access and/or use of EFPT.net in the event of any conduct by you which EFPT, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 8, 10, 14 and 16 and this Section 11 shall survive termination of this Agreement.

12. LICENSED TRADEMARKS AND CONTENT.

 

13. THIRD PARTY CONTENT.

EFPT may from time to time act as a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, EFPT has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of EFPT.net, are those of the respective author(s) or distributor(s) and not of EFPT. Neither EFPT, its parent companies or affiliates, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through EFPT.net represents the opinions and judgments of the respective information provider, you, or other user not under contract with EFPT. Neither EFPT nor its parent companies or their affiliates endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on EFPT.net by anyone other than authorized EFPT employee spokespersons while acting in their official capacities. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through EFPT.net. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. EFPT.net may contain links to other third party web sites or resources. EFPT has no control over such sites and resources, and you acknowledge and agree that EFPT bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, 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 such content, goods or services available on or through any such third party web site or resource.

15. COPYRIGHTS AND COPYRIGHT AGENT.

EFPT respects the rights of all copyright holders and, in this regard, EFPT has adopted and implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EFPT’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EFPT to locate the material; (iv) Information reasonably sufficient to permit EFPT to contact the complaining party; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, EFPT, legal@EFPT.net. For web posting, reprint, transcript or licensing requests for EFPT.net material, please contact legal@EFPT.net. For any questions or requests other than copyright issues or licensing requests, please contact legal@EFPT.net.