Terms of Use
These terms and conditions constitute an agreement with Maricopa Council on Youth Sports and Physical Activity (“MCYSPA”) and the Arizona Sports and Tourism Authority (“AZSTA”) regarding your use of this website (the “Website”). Additional terms and conditions of use applicable to specific areas of the Website may also be posted on the Website. MCYSPA and AZSTA reserve the right to change or modify all or any part of this agreement at any time, effective upon notice published on the Website. By accessing and using this Website, you agree to the following:
You may use this Website for your personal and noncommercial use only. You may not modify, copy, distribute, create derivative works of, transmit, display, perform, reproduce, publish, license, transfer, frame in another web page or sell any information, software, products or services obtained from this Website, without express, written permission from MCYSPA.
Data Displayed on the Website
Youagree not to hold MCYSPA or AZSTA liable for any inaccurate or incomplete information that may be displayed. You are free to submit a correction for any inaccurate data through the “Edit a Facility” function which will be posted upon approval. You are free to add incomplete data through the “Add a Facility” function which will be posted upon approval. You agree to provide true and accurate information.
Neither MCYSPA nor AZSTA charge administrative fees to municipal data providers to post information on the Website. All related costs of the Website, including maintenance and development are and will be satisfied by the MCYSPA through grants and appropriate sponsorships.
Verified Statement of Proprietary Data
All data materials, printed and electronic files delivered pursuant to this Website are considered proprietary to the respective facility owners. They are provided to MCYSPA in order to update the database for the Website.This Website includes a Geographic Information System (GIS) constructed and hosted under contract with Design 44, Inc. and the Arizona State University Institute for Social Science Research and in adherence to this agreement.
By using this site you agree that the data will not be transmitted to any other person or entity without specific authorization from MCYSPA. You also hereby agree that the data will not be resold or used for a “commercial purpose” as defined by A.R.S. §39-121.03.
Caution: Arizona Revised Statutes § 39-121.03(D) provides:
“A person who obtains public records for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses them for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorneys' fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.”
Materials and License
The materials (including all content, information, the domain name, the logos of MCYSPA, AZSTA and affiliates, any marks appearing on the Website, and configurations, displays, screens appearing on or displayed in connection with the Website) are provided by MCYSPA as a service to its customers and may be used for informational purposes only. The materials on this site are copyrighted and/or are protected by trademark and other laws. MCYSPA and AZSTA grant you a limited nonexclusive license to use the information on the Website for your internal use. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. MCYSPA, AZSTA, its affiliates and designated representatives may make changes to these materials, or to the products described therein, at any time without notice. MCYSPA makes no commitment to update the materials in real time after posting. The materials provided on this Website are not intended to be comprehensive and may not be current.
Links to Third-Party Sites
This Website may contain links to websites operated by parties other than MCYSPA and AZSTA (“External Sites”). Such links are provided for your convenience only. Neither MCYSPA nor AZSTA control any External Sites and is not responsible for the content or the availability of any External Site. The inclusion of links to External Sites does not imply any investigation or endorsement of their material or content. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Exchange of Information
In connection with voluntarily submitting information to the Website, you have the option to provide your email and contact information. In connection with posting your information on the Website, you may receive inquiries via the contact information provided. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Neither MCYSPA nor AZSTA warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
Conduct of Users
MCYSPA and AZSTA are not responsible for any content posted on the Website by other users. You are responsible for all content that you upload, post or email using the Website. You agree not to upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. MCYSPA and AZSTA have the right in their sole discretion to remove any content on the Website, including but not limited to content that violates this agreement or is otherwise objectionable.
Limitation of Liability
Neither MCYSPA, AZSTA, nor any of their agents, affiliates, directors, funders, officers, shareholders, sponsors, employees or content providers shall be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of, or related to, the use of the Website, the use of facilities shown on the Website, or out of any breach of any obligation or responsibility that any of them may have, even if they have been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. MCYSPA and AZSTA will not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR ANY TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN NO EVENT SHALL THE LIABILITY OF MCYSPA, AZSTA, THEIR AGENTS, AFFILIATES, DIRECTORS, FUNDERS, OFFICERS, SHAREHOLDERS, SPONSORS, OR EMPLOYEES EXCEED $100.00 DOLLARS, REGARDLESS OF THE CAUSE OF ACTION. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND MCYSPA AND AZSTA AND THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
Warranty
The Website and the materials provided therein (regardless of whether such materials are created by MCYSPA, AZSTA, or a third party content provider) are provided "AS IS, AS AVAILABLE." ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGMENT, ARE HEREBY DISCLAIMED. NEITHER MCYSPA, AZSTA NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Accordingly, you acknowledge that you do not and will not rely on any information contained on the site (including product or service descriptions). All information contained on the site is subject to change at any time without notice. You agree that use of the WEBsite is entirely at your own risk.
You agree to defend and indemnify MCYSPA, AZSTA and their affiliates, officers, directors, funders, shareholders, sponsors, employees, agents, information providers and licensors (each an "Indemnified Party"), and to hold them harmless for, from and against any and all claims, liabilities and expenses (including attorney's fees) that may arise from the use or alleged use of this Website by you or any person using your information, whether or not authorized by you. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to MCYSPA through this Website (“Submitted Information”) will forever be the property of MCYSPA and you assign all of your rights in any Submitted Information to MCYSPA. MCYSPA will not be required to treat any submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future MCYSPA operations.
Termination
MCYSPA reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website at any time for any reason without prior notice or liability. MCYSPA may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, information or content without prior notice or liability. However, in the case of any termination, you agree to continue to abide by these terms, which shall remain in full force and effect after such termination, except that your right to use the site shall be terminated.
Miscellaneous
This agreement shall be construed in accordance with the laws of the State of Arizona, and the parties irrevocably consent to the jurisdiction of, and to bring any action to enforce this agreement in, the federal or state courts located in Phoenix, Arizona. The prevailing party in such litigation shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, and court or other costs incurred in such litigation. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
Effective February 27, 2008