Terms of Use

AGREEMENT BETWEEN YOU, THE USER, AND TOHICKON CREEK TEAMSYSTEMS
The Tohickon Creek Web site is comprised of various Web pages operated by Tohickon Creek and its suppliers. The Tohickon Creek Web site, and corresponding products and services, are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Tohickon Creek Web site, and Tohickon Creek’s products and services constitutes your agreement to all such terms, conditions, and notices. The Tohickon Creek Web site, together with the products and services made available through the Web site are collectively referred to in these Terms of Use as the “Tohickon Creek Services.”

MODIFICATION OF THESE TERMS OF USE
Tohickon Creek reserves the right to change the terms, conditions, and notices under which the Tohickon Creek Services are offered, including but not limited to, the charges associated with the use of the Tohickon Creek Services. If you do not agree to the changes proposed by Tohickon Creek with respect to the Tohickon Creek Services, your sole and exclusive remedy is to terminate your use of the Tohickon Creek Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Tohickon Creek Services shall be subject to these Terms of Use.

CLUB WEB SITE AND TEAM WEB SITE
An important part of the Tohickon Creek Services are the Club Web Site (“Club Site”) and Team Web Site (“Team Site”) Web pages and services which are described at www.tcteams.com. To operate and administer a Club Site or Team Site, you must become a Registrant and/or Administrator, as the case may be. To become a Tohickon Creek Registrant or Administrator, you must agree to the terms of the Tohickon Creek Registration Agreement, which is available at http://www.tcteams.com/registration_agreement.htm.

SEEK PROFESSIONAL OR EXPERT ADVICE
No activity described in connection with the Tohickon Creek Services should be engaged in without the prior consent of a physician. Further, Tohickon Creek makes no claims on the safety or appropriateness of any information found on or through the Tohickon Creek Services.

SECURITY
You are responsible for (i) keeping your Tohickon Creek account login and password information confidential, and (ii) restricting access to your computer. You accept full responsibility for all activities that occur within your Tohickon Creek account.

LINKS TO THIRD PARTY SITES
The Tohickon Creek Web site may contain links to other Web sites (“Linked sites”). The Linked sites are not under the control of Tohickon Creek and Tohickon Creek 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. Tohickon Creek is not responsible for Webcasting or any other form of transmission received from any Linked site. Tohickon Creek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tohickon Creek of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Tohickon Creek Services, you warrant to Tohickon Creek that you will not use the Tohickon Creek Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tohickon Creek Services in any manner that could damage, disable, overburden, or impair the Tohickon Creek Services or interfere with any other party’s use and enjoyment of the Tohickon Creek Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tohickon Creek Services.

USE OF COMMUNICATION SERVICES
The Tohickon Creek Services may contain bulletin board services, chat areas, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable users to communicate with other users (collectively, “Communication Services”), and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a 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, hateful, racially or ethnically objectionable, 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.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a 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 an email, software or other material transmitted from or through a Communication Service.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Post, upload, or transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of unauthorized solicitation.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Tohickon Creek and its suppliers or other entities' systems, whether or not the intrusion results in corruption or loss of data.
Post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Tohickon Creek 's infrastructure that exceed the limits provided by the Tohickon Creek Service for which you are registered.
Interfere with or disrupt the Tohickon Creek Services or servers or networks connected to the Tohickon Creek Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Tohickon Creek Services.
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
Violate any applicable laws or regulations.

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

Tohickon Creek 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 Tohickon Creek’s sole discretion.

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

Materials uploaded to a 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 TOHICKON CREEK OR POSTED AT OR THROUGH THE TOHICKON CREEK SERVICES
Tohickon Creek does not claim ownership of the materials you provide to Tohickon Creek (including feedback and suggestions) or post, upload, input or submit on or through the Tohickon Creek Services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tohickon Creek, its suppliers, and Tohickon Creek’s affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Tohickon Creek Services 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. Tohickon Creek is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tohickon Creek’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.

LIABILITY DISCLAIMER
YOUR USE OF THE TOHICKON CREEK SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TOHICKON CREEK SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOHICKON CREEK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TOHICKON CREEK SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE TOHICKON CREEK SERVICES 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.

TOHICKON CREEK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION OR MATERIALS CONTAINED ON OR THROUGH THE TOHICKON CREEK SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOHICKON CREEK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS, 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 TOHICKON CREEK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES 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 THE TOHICKON CREEK SERVICES, WITH THE DELAY OR INABILITY TO USE THE TOHICKON CREEK SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS OBTAINED THROUGH THE TOHICKON CREEK SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TOHICKON CREEK SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOHICKON CREEK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL TOHICKON CREEK’S AGGREGATE LIABILITY TO ANY OTHER USER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TOHICKON CREEK SERVICES EXCEED AMOUNTS PAID TO TOHICKON CREEK BY SUCH USER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY AROSE. 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 THE TOHICKON CREEK SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOHICKON CREEK SERVICES.

Unless expressly agreed to in writing by Tohickon Creek, without limiting the foregoing, neither Tohickon Creek nor its suppliers is responsible for any of your data transmitted or stored through the Tohickon Creek Services. You are responsible for backing-up your data and information, whether or not such information is produced, transmitted, or stored through the use of the Tohickon Creek Services.

AGE OF USERS
Tohickon Creek owns and operates the Tohickon Creek Services and these Terms of Use only address the activities of Tohickon Creek. Other sites (including those that we link to) and the Club Sites and Team Sites of Tohickon Creek registrants and administrators may have their own policies, which we do not control and which are not addressed by these Terms of Use.

Tohickon Creek registrants and administrators must be at least 18 years old.

PRIVACY POLICY
Tohickon Creek respects the privacy of its users. The terms and conditions of the Tohickon Creek Privacy Policy, located at http://www.tcteams.com/privacy_policy.php are incorporated herein by reference.

TERMINATION/ACCESS RESTRICTION
Tohickon Creek reserves the right, in its sole discretion, to terminate your access to the Tohickon Creek Services or any portion thereof at any time, with or without notice.

CONTENT; COPYRIGHT:
All content included on or through the Tohickon Creek Services, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and other materials appearing on or through the Tohickon Creek Services (collectively, “Content”), is the property of Tohickon Creek or its content suppliers: Copyright 2005 Tohickon Creek and/or its suppliers. All rights reserved. All Content is protected by United States and international copyright laws. The compilation of all content on the Tohickon Creek Web Site is the exclusive property of Tohickon Creek and protected by U.S. and international copyright laws. All software used on or through the Tohickon Creek Services is the property of Tohickon Creek or its software suppliers and protected by United States and international copyright laws.

You agree that you will not take any action to interfere with Tohickon Creek’s or its suppliers’ ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

You may use any Content, but only for personal, non-commercial purposes. You may be given the opportunity to download certain Content, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

Tohickon Creek is not required to pre-screen Content, although Tohickon Creek reserves the right to do so in its sole discretion. Tohickon Creek is not liable for Content that is provided by others. Tohickon Creek reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Use, but Tohickon Creek is not responsible for any failure or delay in removing such material. Tohickon Creek is not responsible for content available on the Internet, although Tohickon Creek reserves the right to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to Tohickon Creek or its users. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern your use of those sites.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the Tohickon Creek Services any data or software that cannot be exported without prior written government authorization and notification of Tohickon Creek, including, but not limited to, certain types of encryption software.

You acknowledge and hereby agree that the Tohickon Creek Services and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Tohickon Creek provides you with a non-exclusive, non-transferable, limited license to use the Software, which you agree to use in accordance with these Terms of Use. You may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Tohickon Creek. The Software is owned by Tohickon Creek and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Tohickon Creek and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

TRADEMARKS
Tohickon Creek TeamSystems, Tohickon Creek, tcteams.com, TeamSystems, EZ-Update and other trademarks or servicemarks displayed or used on or through the Tohickon Creek Services are trademarks of Tohickon Creek, its affiliates, subsidiaries, suppliers, and licensors. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Tohickon Creek, its subsidiaries, affiliates, suppliers, and licensors appearing on or through the Tohickon Creek Services may not be used without the prior written consent of Tohickon Creek, its affiliates, subsidiaries, suppliers, and licensors, as the case may be. Without limiting the foregoing, no Tohickon Creek trademark or trade dress may be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Tohickon Creek.

GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tohickon Creek as a result of this agreement or use of the Tohickon Creek Services.

Tohickon Creek’s performance is subject to existing laws and legal process, and nothing contained in these Terms of Use are in derogation of Tohickon Creek’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Tohickon Creek Services or information provided to or gathered by Tohickon Creek with respect to such use.

If any part of these Terms of Use are 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 these Terms of Use shall continue in effect.

These Terms of Use, together with the Tohickon Creek Privacy Policy and any other Tohickon Creek user agreement agreed to by you, together constitute the entire agreement between the user and Tohickon Creek with respect to the Tohickon Creek Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tohickon Creek with respect to the Tohickon Creek Services.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent an d 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 these Terms of Use and all related documents be drawn up in English.

APPLICABLE LAW; JURISDICTION
The laws of the Commonwealth of Pennsylvania , excluding its conflicts-of-law rules, govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with Tohickon Creek or relating in any way to these Terms of Use resides in the courts of Philadelphia, Pennsylvania, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Philadelphia, Pennsylvania, in connection with any such dispute including any claim involving Tohickon Creek or Tohickon Creek products or services. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow Tohickon Creek’s No tice and Procedure for Making Claims of Copyright Infringement at http://www.tcteams.com/copyright.htm.

All references to Tohickon Creek in these Terms of Use are intended to include McG Properties, LLC, the legal owner and operator of Tohickon Creek.