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North Shore Cricket Club

North Shore Cricket Club

NSCC Terms and Conditions

NORTH SHORE CRICKET CLUB

MEMBERSHIP AGREEMENT

Welcome to North Shore Cricket Club, Inc. (“NSCC”)!

By joining NSCC, you (the “Member”) acknowledge and agree to be bound by this Agreement and any additional terms and conditions that may be applied from time to time, including any applicable laws, rules, regulations, and policies (collectively, the “Agreement“).

If you do not agree to be bound by this Agreement, do not join NSCC.

NSCC reserves the right to modify or terminate this Agreement at any time and in any manner, in whole or in part. You agree to review this Agreement and abide by its terms and conditions.

Any failure, misrepresentation, fraud, intentional action or inaction that is detrimental to NSCC or in violation of any other applicable laws, rules, regulations and policies may result in the termination of your membership at NSCC’s sole discretion.  NSCC, at its discretion, may pursue any remedies available in law or in equity.

A. Membership

As a member of NSCC, you have the opportunity to participate on, and use, NSCC owned/leased/rented facilities and equipment.  Your participation will be in accordance with this Agreement and any other application laws, rules, regulations and policies.  You have no ownership interest in NSCC or its facilities and equipment or any other leased/rented facilities and equipment.

Your membership is non-transferable, non-refundable, and may not be re-sold.

B. Eligibility

To become a member of NSCC, you must: (a) be a resident of the United States, at least 18 years of age as of the date of your registration as a player or guardian for a player NOT 18 years of age; and, (b) have the capacity to enter into a legally binding contract.

C. Membership Usage & Cricket Play

Members may play any day of the week and reserve times in advance.  NSCC’s website provides up-to-date information regarding how far in advance a Member may book a game or league for a specific season/year.

Members, whether individuals, teams or leagues, will pay applicable fees whether as a league, team or individual.  Fees support the use, purchase and rental of facilities and equipment.

Discounted play fees are limited to league/tournament times available to the general public and cannot be used in conjunction with leagues, tournaments, or special events, unless specifically advertised.

You must present photo identification at the time of check-in at a participating facility. Failure to present photo identification will result in denial of discount play fees and/or use of the facility or equipment.

Any of NSCC technical or other intellectual property or confidential or proprietary information which might come into the Member’s possession during their Membership or term with NSCC shall not be disclosed, divulged, or made public to any third party.

Each Member will be responsible for safekeeping and return in good condition and order of all facilities and equipment, which may be in the Member’s use or possession.

Each Member is required to have the applicable physical and mental fitness, supported by a doctor’s assessment, as applicable.  Any negligence by the Member that renders them medically unfit and hinders their performance as a player and may be prevented from participating in NSCC events and activities.

Members are solely responsible for their physical and mental well-being.

D. Dues, Fees and Renewals

NSCC is a seasonal membership.  By accepting these terms, membership will be for one (1) season.  Membership shall expire four (4) calendar months from the effective date of activation and may be renewed on a seasonal basis.

The Member authorizes NSCC to charge their credit card for any applicable fees including any applicable state, county, or local tax and service charges.

If the Member selects a monthly plan, the Member is responsible for payment of all applicable monthly dues and yearly renewal fees until their Membership expires.

Late payment will result in suspension of the Member’s privileges until all outstanding amounts are paid in full.  If a suit or collections process is instituted to recover any amounts due to NSCC, the Member will pay any interest on the amounts owed in addition to any monthly service charge, collection fees and attorney’s fees accrued by NSCC.

For monthly memberships, this Agreement shall automatically renew at the end of the current term for a successive month-long term.  If the Member does not want this Agreement to renew, the Member must login to their account and disable automatic renewal.

E. Cancellation

NSCC may terminate or suspend membership for cause at any time as well as apply any penalty fees.  “For cause” is defined as intentionally violating this Agreement or any other application laws, rules, regulations and policies; this also includes failure to (i) show up for a reserved league/tournament time, (ii) provide reasonable notice to cancel a reserved league/tournament time, or (iii) pay any applicable dues and charges.

No refunds are provided for any terminated or suspended membership.

F. Privacy

Member agrees to allow NSCC to share their information as necessary with partners, facilities or their assignees and to receive NSCC-approved communications and offers.

G. Disclaimer & Limitation of Liability

NSCC MAKES NO REPRESENTATIONS OR WARRANTIES (AS WELL AS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE) OF ANY KIND AS TO ANY FACILITIES OR EQUIPMENT USED BY NSCC, WHICH IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, OR TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED ON ITS WEBSITE.

IN NO EVENT SHALL NSCC BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES.

THE MEMBER ACKNOWLEDGES THAT THE SPORT OF CRICKET HAS INHERENT RISKS AND ASSUMES ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE.  THE MEMBER ACKNOWLEDGES THAT THEY HAVE BEEN EXAMINED BY A MEDICAL DOCTOR AND, FOLLOWING A GENERAL EXAMINATION, HAVE BEEN APPROVED TO PARTICIPATE IN CRICKET.

THE MEMBERS STATES THAT THEY ARE PHYSICALLY CAPABLE TO PARTICIPATE IN ANY OF NSCC’S ACTIVITIES.  THE MEMBER, THEIR HEIRS, REPRESENTATIVES AND ASSIGNS HEREBY RELEASE, WAIVE, COVENANT AND DISCHARGE ANY CLAIM, DEMAND, ACTION, RIGHT OF ACTION, OF ANY KIND OR NATURE, EITHER IN LAW OR EQUITY, ARISING FROM OR BY REASON OF ANY BODILY INJURY OR PERSONAL INJURIES, KNOWN OR UNKNOWN, DEATH AND/OR PROPERTY DAMAGES OR AS THE RESULT OF ANY ACCIDENT WHICH MAY OCCUR DURING THE MEMBER’S PARTICIPATION WITH ANY NSCC EVENT OR ACTIVITY, AGAINST NSCC, THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, ASSIGNS, OR EMBERS FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, NEGLIGENCE, UPON THE MEMBER OR THEIR PROPERTY, WHETHER CAUSED INTENTIONALLY OR UNINTENTIONALLY, INCLUDING FOR ANY FIRST AID TREATMENT OR SERVICE RENDERED BY THEM UPON THE MEMBER.  IN THE EVENT OF AN EMERGENCY WHERE I AM NOT RESPONSIVE, I CONSENT TO NSCC USING THEIR DISCRETION TO HAVE ME TRANSPORTED BY A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, ANY AMBULANCE OR MEDICAL SERVICE, TO A MEDICAL FACILITY.

NSCC SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY WHICH AT ANY TIME MAY BE SUFFERED OR SUSTAINED BY ANY MEMBER OR ANY OTHER PERSON FOR ANY REASON WHATSOEVER.

THE MEMBER STATES THAT THEY HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS BY THEIR OWN FREE ACT.

THIS RELEASE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND THE TERMS OF THE RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL.

H. Modification

NSCC reserves the right to discontinue or modify this Agreement at any time with or without notice.

I. Miscellaneous

If any provision in this Agreement is held invalid by a court, the remaining provisions shall remain in full force and effect as permitted by law.  This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.

In the event of a dispute between NSCC and a Member, the parties agree to first mediate the dispute before resorting to any arbitration or some other dispute resolution procedure.  A written request shall be made by one party to the other party to initiate the mediation or dispute resolution process.  Both parties shall be bound by the outcome of any mediation or dispute resolution process.

H. NON-SOLICIATION AND NON-COMPETITION

The Member, during the term of their membership and for a period of three (3) years after the last date of their membership’s expiration, will not solicit, including via the Internet, from any other NSCC member, officer, employee, representative, business partners, suppliers, coach, referee, team captain, or owners of facilities that NSCC uses for its events and activities, for any activity or purpose identical or substantively similar to NSCC’s activities.  Said solicitation includes, but is not limited to having a Member terminate, breach or alter their existing Membership, relationship or business with NSCC.  Further, the Member will not participate with, join or form another cricket club, organization, league or team which operates or plays within five (5) miles of any NSCC team, league, event, activity or facility, unless expressly approved by the NSCC President or by unanimous consent of its Board of Directors.

The Member shall not, directly or indirectly, disclose to any third party the names, addresses or other information of any NSCC Member, clients or vendors.

J. Website

The access and use of the NSCC website (the “Website”) is subject to this Agreement. 

The following terminology applies to the Website’s Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logging onto the Website and compliant to the NSCC’s terms and conditions. “Ourselves”, “We”, “Our” and “Us”, refers to NSCC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Massachusetts. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

NSCC’s website uses cookies.  Cookies allow NSCC to retrieve the user’s details for each visit. Cookies are used by NSCC’s website to enable the functionality of certain areas to make it easier for website users to use.  Some of our affiliate/advertising partners may also use cookies.

Unless otherwise stated, NSCC and/or its licensors own the intellectual property rights for all material on NSCC’s website.  All intellectual property rights are reserved.  

All content on the NSCC website is not for (i) republishing, duplication or copying; (ii) sale, rent or sub-license to a third party; or (iii)  sale, rent or sub-license material from North Shore Cricket Club (NSCC)

The website may have features to allow users to post information and exchange opinions.  NSCC may remove content or restrict user access to the website that is contrary to applicable state, federal, local laws or to this Agreement or NSCC rules, regulatons and policies.  The user represents and warrants that any material they post on the NSCC website does not violate any copyright, patent or trademark rights of any third party nor is defamatory, libelous, offensive, indecent or otherwise unlawful material.

NSCC is not responsible or liable for any content posted by a user or any damage or injury suffered by any third party from said content.

The website user grants to NSCC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of the user’s uploaded pictures, videos, player stats for any NSCC educational or promotional materials.

Third parties may hyperlink to NSCC’s website without prior written approval if they are:

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval: government agencies, search engines, news organizations, online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and system wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website

information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link does not harm NSCC’s reputation or business; (b) the organization does not have any negative records with NSCC; (c) the benefit to NSCC from the visibility of the hyperlink compensates the absence of NSCC’s website link from the other organization’s website; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

An organization wishing to link to our website should email info@nscricketclub.com.  Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
  • No use of NSCC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our website.

Content Liability

NSCC shall not be hold responsible for any content that appears on any third party website.  The owner of any third party website agrees to defend and indemnify NSCC against any claims that arises against NSCC from said third party’s website.

No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy.

Removing Links From NSCC Website

Requests may be sent to NSCC to remove any link on NSCC’s website for any reason whatsoever.  NSCC reserves the right to remove any link or not.

NSCC does not ensure that the information on the NSCC website is correct nor warrants completeness or accuracy nor that the information will remain available or up to date.

Disclaimer

To the maximum extent permitted by applicable law, NSCC exclude all representations, warranties and conditions relating to its website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

Notice and Takedown Policy

NSCC will use all reasonable efforts to block access to or take down content that which NSCC believes in good faith to be copyrighted material that has been illegally plagiarized and distributed by any of NSCC’s advertisers, affiliates, clients, content providers, contributors, members or users; and/or remove and discontinue service to repeat offenders.

NSCC will consider the removal the removal of any potentially infringing content by an authorized person who is or represents the lawful owner of the content.