Terms of use

 

Concrete Pond Sports and George Pappafotis operate this Site to provide online access to information about Concrete Pond Sport and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement".
 
Concrete Pond Sports reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Concrete Pond Sports and the products and services it provides. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Concrete Pond Sports reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Concrete Pond Sports or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Concrete Pond Sports or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Concrete Pond Sports, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions).

3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Concrete Pond Sports of the third party, the third-party web site, or the information contained therein. Concrete Pond Sports is not responsible for the availability of any such web sites. Concrete Pond Sports is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Concrete Pond Sports affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Downloading Files
Concrete Pond Sports cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

6. Software
Any software available for download via the Site is the copyrighted work of Concrete Pond Sports and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties
CONCRETE POND SPORTS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. CONCRETE POND SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. CONCRETE POND SPORTS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. CONCRETE POND SPORTS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability
IN NO EVENT WILL CONCRETE POND SPORTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF CONCRETE POND SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CONCRETE POND SPORTS LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Concrete Pond Sports, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

11. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

12. Unsolicited Idea Submission Policy
Concrete Pond Sports does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Concrete Pond Sports business activities bear coincidental similarities with any unsolicited ideas offered to us. Please do not send your unsolicited ideas to Concrete Pond Sports. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, design, artwork or other transmission may say, (1) your idea will automatically become the property of Concrete Pond Sports, without any compensation to you; (2) Concrete Pond Sports will have no obligation to return your idea to you or respond to you in any way; (3) Concrete Pond Sports will have no obligation to keep your idea confidential; and (4) Concrete Pond Sports may use your idea for any purpose whatsoever, including giving your idea to others.
 
However, Concrete Pond Sports does welcome feedback regarding many areas of Concrete Pond Sports existing businesses that will help satisfy customer's needs, and feedback can be provided through the many listed "contact us" on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

13. Password Security
If you register to become a concretepond.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

14. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Concrete Pond Sports of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
 
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Concrete Pond Sports therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Concrete Pond Sports does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
 
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Concrete Pond Sports Privacy Policy, your use of the Site, any other Concrete Pond Sports web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Maryland, without regard to any conflict of laws provisions.
 
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to address below.

e. You agree to not use Concrete Pond Sports services to create any material that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

15. Intellecual Property Claims

Concrete Pond Sports  respects the intellectual property rights of others.Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Concrete Pond Sports please contact us immediately.

In order for us to respond to your notice, it must:
1. contain your physical or electronic signature
2. identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed
3. identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material
4. contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address)
5. contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property
is not authorized by the owner, the owner's agent, or the law
6. contain a statement that the information in the written notice is accurate
7. contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

Please provide written notice to:

George Pappafotis
Concrete Pond Sports
2218 Distribution Circle
Silver Spring MD 20910

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