Federation of Futsal USA - Powered by Zortal

Agreement between User and Zortal Enterprises, Inc.
The FEFUSA Portal is comprised of various Portal Pages operated by Zortal Enterprises, Inc. ("Zortal").

THE ZORTAL PORTALS ARE OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "AGREEMENT"). YOUR USE OF ANY ZORTAL PORTAL CONSTITUTES YOUR UNCONDITIONAL CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS, CONDITIONS AND NOTICES OF THIS AGREEMENT, DO NOT USE THIS OR ANY OTHER ZORTAL PORTAL.

This Agreement is a legal contract between you and Zortal that governs your use of any Zortal Portal and the related services provided on any Zortal Portal (the "Services").

Amendments To Agreement
Zortal reserves the right to amend this Agreement and change the terms, conditions, and notices under which the FEFUSA Portal is offered, including but not limited to the charges associated with the use of the FEFUSA Portal. You are responsible for regularly reviewing this Agreement and these terms, conditions and notices, and any additional terms posted on the FEFUSA Portal. Your continued use of the FEFUSA Portal after the effective date of such amendments/changes constitutes your unconditional acceptance of and agreement to such amendments/changes.

Zortal Membership/Sign In Creation
If you choose to become a Zortal Member and create a Sign In to potentially enhance your use of the FEFUSA Portal or any other Zortal Portal, you must provide certain information, including your name, a valid email address, and a password ("Sign In Data"). Your experience on the FEFUSA Portal will be entirely determined by the FEFUSA security role(s) that you may be assigned. Certain portal pages, content, and functionality are available to the general public and/or Zortal Members who do not have security roles specific to this Zortal Member Portal. However, the majority of the content and functionality are restricted to Zortal Members who have signed in with current security role(s) for this Zortal Member Portal.

You agree to provide accurate Sign In Data and to update the Sign In Data, as necessary, to keep it accurate.
You agree that you will not allow others to use your Sign In Data to sign in to any Zortal Portal and that you are solely responsible for maintaining the confidentiality and security of your Zortal membership and Sign In Data.
You agree that you will not, and that you will not allow or enable any other person, either through the use of your Zortal Member Account/Sign In Data or through the use of any security role assigned to said person as a result of any action you may take on the FEFUSA Portal, including but not limited to the assignment of said person to any staff position, board position, committee position, or team on the FEFUSA Portal, to: (i) reverse engineer, decompile or disassemble any portion of the FEFUSA Portal or any other Zortal Portal which includes, but is not limited to, the software including any and all ideas, concepts, know-how, methods, techniques, processes and database structure developed or conceived by Zortal, schemas, templates, images, audio, associated media, and related documentation and information, exclusive of the Submissions as defined below (collectively, the "Zortal Intellectual Property"), except and only to the extent that this limitation is expressly prohibited by applicable law; (ii) license, sublicense, sell, resell, transfer, assign, distribute, provide commercial hosting services with, or otherwise commercially exploit or make available to any third party, the Zortal Intellectual Property in any way, whether or not for payment or other consideration; (iii) modify or make derivative works based upon any Zortal Portal or the Zortal Intellectual Property; (iv) reverse engineer or access any Zortal Portal or the Zortal Intellectual Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any Zortal Portal or the Zortal Intellectual Property, or (c) copy any ideas, features, functions or graphics of any Zortal Portal or the Zortal Intellectual Property.
You agree to notify Zortal immediately of any unauthorized use of your Sign In Data on any Zortal Portal by sending an email to CustomerSupport@zortal.com receipt of which will be evidenced by a confirmation email from Zortal. Failure to receive the confirmation email requires the resubmission by email of your notification.

Zortal shall not be responsible for any losses arising out of the unauthorized use of your Sign In Data and you agree to indemnify and hold harmless Zortal, its directors, officers, employees, partners, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

Links to Third Party Sites
The FEFUSA Portal may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Zortal and Zortal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Zortal is not responsible for webcasting or any other form of transmission received from any Linked Site. Zortal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zortal of the website or any association with its operators.

No Unlawful or Prohibited Use
As a condition of your use of the FEFUSA Portal, you warrant to Zortal that you will not use the FEFUSA Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FEFUSA Portal in any manner which could damage, disable, overburden, or impair the FEFUSA Portal or interfere with any other party's use and enjoyment of the FEFUSA Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Zortal Member Portals.

Use of Zortal Communication Services
The FEFUSA Portal may contain bulletin board services, chat areas, news groups, forums, communities, personal Portal Pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Zortal Communication Services"), you agree to use the Zortal Communication Services only to post, send and receive messages and material that are proper and related to the particular Zortal Communication Service. By way of example, and not as a limitation, you agree that when using a Zortal Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, such as rights of privacy and publicity, of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws, or by rights of privacy of publicity, unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Zortal Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Zortal Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Zortal Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Zortal Communication Service.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Violate any applicable laws or regulations.

Zortal has no obligation to monitor the Zortal Communication Services. However, Zortal reserves the right to review materials posted to a Zortal Communication Service and to remove any materials in its sole discretion. Zortal reserves the right to terminate your access to any or all of the Zortal Communication Services at any time without notice for any reason whatsoever.

Zortal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Zortal's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Zortal Communication Service. Zortal does not control or endorse the content, messages or information found in any Zortal Communication Service and, therefore, Zortal specifically disclaims any liability with regard to the Zortal Communication Services and any actions resulting from your participation in any Zortal Communication Service. FEFUSA and it's members are not authorized Zortal spokespersons, and their views do not necessarily reflect those of Zortal.

Materials uploaded to a Zortal Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to FEFUSA or Posted on Any Zortal Member Portal
Zortal does not claim ownership of the materials you provide to FEFUSA Portal, including feedback and suggestions, or post, upload, input or submit to any Zortal Member Portal or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Zortal, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Zortal is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Zortal's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Indemnity
You agree to defend, indemnify and hold harmless Zortal, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorneys' fees, arising from (a) your use of and access to any Zortal Portal; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement.

Warranty Disclaimer
The Zortal Portals, Zortal Intellectual Property and Services are provided by Zortal "AS IS" without warranty of any kind. Zortal hereby disclaims, to the maximum extent allowable by applicable law, all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, UNAUTHORIZED USE and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Liability Disclaimer
THE INFORMATION, ZORTAL INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZORTAL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS PORTAL AT ANY TIME. ADVICE RECEIVED VIA THIS PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ZORTAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, ZORTAL INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, ZORTAL INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZORTAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, ZORTAL INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZORTAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS PORTAL, WITH THE DELAY OR INABILITY TO USE THIS PORTAL OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, ZORTAL INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS PORTAL.

Service Contact: CustomerSupport@zortal.com

Termination/Access Restriction
Zortal reserves the right, in its sole discretion, to terminate your access to the FEFUSA Portal and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Marin, California, U.S.A. in all disputes arising out of or relating to the use of the FEFUSA Portal. Use of the FEFUSA Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zortal as a result of this Agreement or use of the FEFUSA Portal. Zortal's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Zortal's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FEFUSA Portal or information provided to or gathered by Zortal with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Zortal in respect to the FEFUSA Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Zortal in respect to the FEFUSA Portal. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English. The failure of Zortal to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Zortal's rights with respect to such breach or any subsequent breaches.

Copyright and Trademark Notices:
All contents of the FEFUSA Portal and the Software, as well as the organization and layout of the FEFUSA Portal, are owned and copyrighted or licensed by Zortal, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of Zortal, which includes the FEFUSA Portal and/or the Software, is permitted without the written permission of Zortal. Any rights not expressly granted herein are reserved.

Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.