myOHSAA User Agreement

myOHSAA User Agreement

 
1.  INTRODUCTION. As a School Administrator, Coach, Contest Official, authorized user through a District Athletic Board, Tournament Manager or authorized user through the Executive Director’s Office (hereinafter “User”) your authorization to access and use the myOHSAA applications and data is subject to the terms and conditions as set forth herein which terms and conditions shall govern your use of myOHSAA, including all pages within myOHSAA (collectively referred to herein below as “myOHSAA”). These terms and conditions are in full force and effect not only during such periods as your authorized use of myOHSAA but shall survive any termination of your authorization to use myOHSAA.  Upon logging on to myOHSAA you expressly accept all terms and conditions contained herein in full. You must not use myOHSAA, if you have any objection to any of these terms and conditions.  
 
2.  ACCESS AND USAGE BY USER.  Upon initial access to the User’s myOHSAA account, the User will be required to formulate a unique user name and confidential password to be used exclusively by the User prior to accessing any myOHSAA pages.  The User will ensure that User maintains the User's password and login credentials as confidential and not disclose such information to third parties.

3.  CONTINUING ACCESS AND USAGE.  Following activation of the User's account, the Applications/Pages in myOHSAA will be available to the User on a continuous basis wherever the Internet may be accessed, subject to reasonable down time, for the specific duration of User’s authorized use.   

4.  OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND DATA.  Subject to the terms and conditions of this Agreement, the Executive Director’s Office grants the User a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license during the term of this Agreement to use such portions of the Intellectual Property Rights as the Executive Director’s Office may authorize in writing from time to time solely in connection with the performance of the User’s obligations under this Agreement. Any unauthorized use of the Intellectual Property Rights and/or data, any use not in compliance with this Agreement or any action that, in the Executive Director’s Office's sole discretion, constitutes an infringement of the Intellectual Property Rights and/or data ownership by the User, shall constitute a material breach of this Agreement.                  

This Agreement grants no additional express or implied license, right or interest in any Intellectual Property Rights. As between the Executive Director’s Office and the User all title, ownership rights and all Intellectual Property Rights in the Applications belong exclusively to the Executive Director’s Office.     

5.  ASSIGNMENT.  The User shall not sell, assign, lease, transfer, encumber or allow any security interest on any Applications, or take any action that may cause any Applications or any portion thereof to be placed in the public domain or to be disclosed to or used by third parties not a party to this Agreement. 

6. SAFEGUARDING DATA.  The User will be responsible for complying with any and all applicable rules and laws concerning the use, disclosure, storage, transfer or handling of any Data for any purpose. With respect to Data, the User covenants and agrees to, except as permitted in this Agreement, not edit, delete or disclose the contents of any Data or Personally Identifiable information to any Person other than as required in the furtherance of the business purposes of the OHSAA and its member schools.  User warrants and agrees that User will not appropriate or attempt to appropriate any data to which User may become privy for any direct or indirect personal or business purpose other than in connection with the business of the OHSAA. 

7.  PROTECTION OF CONFIDENTIAL INFORMATION.  Except as authorized in writing by the Executive Director’s Office, the User shall not at any time, either during or after the term of this Agreement, disclose or use, directly or indirectly, any data or Confidential Information of which the User gains knowledge during or by reason of this Agreement, and the User shall retain all such information in trust in a fiduciary capacity for the sole use and benefit of the OHSAA. 

8.  RESTRICTED ACCESS.  Certain areas of myOHSAA are restricted from access by you and the OHSAA may further restrict access by you to any areas of myOHSAA, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this myOHSAA are confidential and you must maintain confidentiality of such information. 

9.  DISCLAIMER OF WARRANTIES.  OHSAA/Executive Director’s Office does not make any warranties and does hereby disclaim any and all express or implied warranties, representations and conditions, including but not limited to, the warranties of merchantability, fitness for a particular purpose and any warranty arising from a course of dealing, usage or trade practice. All Applications provided, Services performed and work product and third-party product supplied by the OHSAA/Executive Director’s Office hereunder are performed and supplied on an "as is" and "as available" basis.  The OHSAA does not warrant that the Applications, the Services, work product or third-party product provided hereunder will operate error-free or without delay or be available 24/7. 

10.  LIMITATION OF LIABILITY.  In no event shall the OHSAA, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of myOHSAA, whether such liability is under contract, tort or otherwise, and the OHSAA, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

11.  INDEMNIFICATION.  You hereby indemnify to the fullest extent the OHSAA from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. 

12.  SEVERABILITY.  If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. 

13.  VARIATION OF TERMS.  The OHSAA is permitted to revise these Terms at any time as it sees fit, and by using myOHSAA you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of myOHSAA. 

14.  GOVERNING LAW & JURISDICTION.  This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio.  Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in the State of Ohio, and the parties hereby agree and consent to such jurisdiction and venue in the courts (state and/or federal) in Franklin County, Ohio.
I have read and accept the above requirements.