Welcome to Varsity.com ("Varsity"), including the internet stores affiliated with those sites (each a “Varsity Site").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms and Conditions, which include by incorporation Varsity’s Privacy Policy. Please review our Privacy Policy, which governs the use of personal and identifying information on the Varsity Sites.

If you do not agree to these Terms and Conditions, do not use this site. Varsity may modify these Terms and Conditions at anytime.

THE SITE AND SERVICES PROVIDED ON THE SITE ARE DIRECTED TO PERSONS OVER THE AGE OF 18 OR AGES 13 TO 18 WHO HAVE RECEIVED CONSENT FROM THEIR PARENT OR GUARDIAN. THE SITE AND SERVICES ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. CHILDREN UNDER THE AGE OF 13 MAY USE THIS SITE AND THE SERVICES ONLY WITH THE SUPERVISION OF A PARENT OR GUARDIAN. YOU MAY NOT SOLICIT FUNDS, PROMOTE COMMERCIAL ENTITIES OR OTHERWISE ENGAGE IN COMMERCIAL ACTIVITY ON OUR SITE OR IN OUR DISCUSSION FORUMS. NOR MAY YOU MODIFY, COPY, REFORMAT, DISTRIBUTE, TRANSMIT, LICENSE, PUBLISH, CREATE DERIVATIVE WORKS FROM OR SELL ANY CONTENT OR SERVICE PROVIDED ON THIS SITE.

Forums and Submissions

Should any viewer of a document on a Varsity Site respond to Varsity with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Varsity shall have no obligation of any kind with respect to such information. In addition, Varsity shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Varsity shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Varsity's Privacy Statement.

In consideration of Varsity's continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Varsity without any compensation. You agree to execute any and all documents that Varsity may reasonably request in connection with confirming Varsity's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to a Varsity Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on a Varsity Site by you.

Varsity Sites contain various Forums for communicating among users. "Forum" means any message board, private messaging, or e-mail function offered as part of any Varsity Site. If you participate in any Forum within a Varsity Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a Varsity Site by way of any Forum is routed through Varsity's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on Varsity Sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including making any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Site Rules

The following is a list of the Site Rules which cover the general conduct required for the Varsity Sites.

Varsity Forums are designed for users of various ages and backgrounds, and users are expected to adhere to our code of conduct. Our Forums have an array of volunteer moderators who help keep the boards clean and useable for our visitors. These moderators have broad abilities and rights to edit and delete posts and administrators may additionally ban users at their discretion in order to keep the forums clean and improve the atmosphere of our community.

In using the Forums, you agree to adhere to a general policy of civility, to be respectful of others, and not to use inappropriate language or content. Users who keep their posts clean and friendly should have no problems -- the moderators are users just like you who make these forums possible and enjoyable.

IN COMPLIANCE WITH THE 2000 CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA), YOU MUST BE AT LEAST 13 YEARS OLD TO POST ON THESE BOARDS.

In order to use these Forums, users are required to provide a username, password and e-mail address. Neither the administrators of these Forums, or the moderators participating, are responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to share any of your personal information. DO NOT USE YOUR REAL NAME AS YOUR USERNAME. YOUR USERNAME IS WHAT WILL BE VISIBLE ON OUR SITE.

Do not select a username containing inappropriate or adult language or content. If your username is deemed to be inappropriate, you will be asked to provide another name that will be displayed instead of your username.

Users may change or modify information that they provide in their profile by logging in with their username and password and changing any information in their profile. In case of lost password, users can retrieve their password by following the steps in the link "Forgot your password?" under the sign in box.

Do not post your email address, AOL Screen Name or other personal information such as full names on the message boards or in private messages, with the exception of schools searching for a coach, or adult coaches looking for a position on our Job Board. This is for your protection. People are not always who they portray themselves to be.

Cookies must be turned on in your browser to participate as a user in these forums. Cookies are used here to hold your username and password and viewing options, allowing you to login.

By using the Varsity Sites you additionally agree not to do any of the following:

Post, distribute, or otherwise make available or transmit any data, text, message, or computer file (collectively, any “Message”) that Varsity deems to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or unethical behavior or the discussion of illegal or unethical activities with the intent to commit them.

Post, distribute, or otherwise make available or transmit any Messages that contain a virus or other harmful component; Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

Post, distribute, or otherwise make available or transmit any Message or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation.

Additionally, you may use the Forums and other Varsity Site services for communication between users for noncommercial purposes only. Any business use, "remailing," or other high-volume application is strictly prohibited. You are not permitted to send Messages using an automated program. Messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity.

Varsity reserves the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including any Message, that is in violation of these House Rules. We also reserve the right to remove Messages or any other materials that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Varsity Site in violation of the law.

We also require that users of Varsity Forums adhere to the following:

Use proper spelling on our boards. "IM" language, such as substituting "u" for "you" and "ne1" for "anyone" will not be allowed. Our moderators will be deleting messages containing improper spelling. Messages containing words "SpeLLeD iN DiFfEReNt cApS LiKe ThIs" will also be deleted.

Unless you are trying to express that you are indeed yelling, DO NOT POST IN ALL CAPS. It is difficult to read.

Please use the "Search" feature before starting a new post. Your question may already be answered! If there is already a topic that matches yours, post your question in an existing topic.

Please post a title relevant to the content of your message. Posting “HELP PLEASE!!!” or another non-descriptive title will decrease the likelihood of your message getting replies.

Do not post information regarding companies that are not affiliated with Varsity. URL's that are not affiliated with Varsity Brands will be deleted at the discretion of the administrators. Varsity Brands, Inc. includes: UCA, UDA, USA, ACA, NCA, NDA, Varsity Spirit Fashions, CDT, UCA Children's Charities and Intropa Tours.

Similarly, we do not allow solicitations for products, websites or squads as we cannot 'vet' every solicitation. Coaches’ openings can be posted in their appropriate forum.

Any user who finds material posted by another user objectionable is encouraged to contact us.

Links to Other Web Sites

You should be aware that when you are on a Varsity Site, you could be directed to other sites that are beyond our control. There are links to other sites from Varsity pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the Varsity Site.

Many of these links may be in 'frames,' meaning that Varsity’s navigation will still be visible as you move throughout the linked site(s). Varsity may or may not have a formal relationship with the linked site. A link to a non-Varsity web site does not mean that Varsity endorses or accepts any responsibility for the content or use of such web site. Varsity makes no representation whatsoever regarding the content of any other web sites which you may access from a Varsity Site.

You acknowledge that when you click on a link that leaves a Varsity Site the site you will land on is not controlled by us and different terms of use and privacy policy may apply. You should review the linked site’s privacy policy before divulging any personal information, including your e-mail address, credit card number (for an e-commerce link), name, etc. By clicking on links to other sites, you acknowledge that Varsity is not responsible for those sites. We reserve the right to disable links from third-party sites to any Varsity Site, although we are under no obligation to do so.

We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Varsity Site.

Restrictions On Use of Materials and Jurisdictional Issues

Varsity Sites are copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Varsity and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

Varsity Sites are controlled and operated by Varsity Brands, Inc. from its offices within the State of Tennessee, United States of America. Varsity makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access a Varsity Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

If you download software from a Varsity Site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by Varsity, for your personal, non-commercial home use only. Varsity does not transfer either the title or the intellectual property rights to the Software and Varsity retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Varsity or its licensors and you may not copy or use them in any manner.

Software from a Varsity Site is subject to U.S. export controls. No software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

Disclaimers and Limitation of Liability

Varsity may change, move or delete portions of, or may add to, the Varsity Sites from time to time.

THE MATERIALS IN THE VARSITY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VARSITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THE VARSITY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Varsity has no duty or policy to update any information or statements contained on the Varsity Sites and, therefore, such information or statements should not be relied upon as being current as of the date you access the Varsity Site. Moreover, any portion of the materials available on a Varsity Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VARSITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VARSITY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE VARSITY SITES. VARSITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THE VARSITY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THE VARSITY SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT VARSITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VARSITY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A VARSITY SITE OR ANY DOWNLOADED MATERIALS, EVEN IF VARSITY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VARSITY'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO VARSITY, IF ANY, FOR PRODUCTS PURCHASED ON A VARSITY SITE OR FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO A VARSITY SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Varsity explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Varsity Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Varsity Site or third-party content on any Varsity Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Indemnification

You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Amendment

Varsity reserves the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by prominently posting notice of any such change, modification, addition, or deletion on the Varsity Sites covered by these terms of use.  Any such change, modification, addition, or deletion will be effective thirty (30) calendar days following our posting of such notice on the Varsity Sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

Termination

This Agreement is effective unless and until terminated by either you or Varsity. You may terminate this Agreement at any time by no longer using any Varsity Site, and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise, provided that all prior uses of any Varsity Site shall be governed by this Agreement. In the even that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Varsity Brands, Inc.
6745 Lenox Center Court Suite 300
Memphis, TN  38115

Varsity may terminate this Agreement at any time and without notice, and accordingly deny you access to any or all Varsity Sites, in Varsity's sole discretion with or without cause and for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Varsity, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

General Provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of Tennessee and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the state and county of Memphis, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

No failure of Varsity to enforce any of its rights under these terms will act as a waiver of such rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Varsity Site or these terms must be filed within one year after such claim or cause of action arose or be forever barred.

If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

Please report any violations of these terms to rtisdale@varsityspirit.com.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

• Service Provider - VARSITY
• Name of Agent Designated to Receive Notification of Claimed Infringement: Robert Tisdale
• Full Address of Designated Agent to Which Notification Should be Sent:
  6745 Lenox Center Court Suite 300, Memphis, TN 38115
• Telephone Number of Designated Agent: (901) 387-4300
• E-Mail Address of Designated Agent: rtisdale@varsityspirit.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
   
3. 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 us to locate the material;
   
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
   
5. 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
   
6. 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.
   

We may give notice of a claim of copyright infringement to our users by means of a general notice on any Varsity Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

General Sales Information

In order to make a purchase on a Varsity site, you must be 18 years of age or older.

All sales are subject to acceptance and approval by Varsity, which may decline or reject orders even after the website appears to have accepted them.

We reserve the right to limit quantities.

State sales tax is added to each purchase based on the state in which each customer lives.  Prices do not include foreign duties, value-added or similar taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.

Items purchased on Varsity.com's online stores are intended for consumer consumption and not for resale. Orders from distributors/dealers may not be placed on this website.

The billing information must match the credit card information exactly, including name on the account, mailing address, etc. Credit card transactions are authorized based on billing address; discrepancies between the billing address entered on the website and the billing address on file with your credit card company may cause the transaction to be rejected. Valid credit cards accepted on the site include VISA®, MasterCard®, American Express®, and Discover®.

Returns and Exchanges

Click Here to see Varsity's Privacy Policy.

© 2005 Varsity Brands, Inc. All Rights Reserved