Terms and Conditions

American Pro Squash Inc. dba Pro Squash Tour Terms of Service
Last Updated: December 2009
1. THIS IS AN AGREEMENT BETWEEN YOU AND AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR
This is an agreement ("Agreement") between you and American Pro Squash Inc. dba US Pro Squash and its parent company(or, if applicable, one of its affiliates) ("American Pro Squash Inc. dba Pro Squash Tour"). American Pro Squash Inc. dba US Pro Squash provides users, who submit queries in any Web-based search box provided by American Pro Squash Inc. dba Pro Squash Tour, with Internet navigation assistance web pages ("Results Pages") containing search results and other content (the "Service"). This Agreement governs your use of the Service, including any Results Pages and any Web page that contains a Web-based search box provided by American Pro Squash Inc. dba Pro Squash Tour (a "Home Page"; and, together with any Results Pages, the "American Pro Squash Inc. dba Pro Squash Tour Web Pages"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR MAY MODIFY THIS AGREEMENT
American Pro Squash Inc. dba Pro Squash Tour reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any American Pro Squash Inc. dba Pro Squash Tour Web Page. If any terms contained in this Agreement conflict with any terms contained within a American Pro Squash Inc. dba Pro Squash Tour Web Page, the terms of this Agreement shall control. Your continued use of the Service constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to this Section.
3. REGISTERING WITH AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR
In order to take advantage of certain features on the Service (including the posting of Postings of businesses and the receipt of newsletters and special offers from American Pro Squash Inc. dba Pro Squash Tour), you may be required to create an account with American Pro Squash Inc. dba Pro Squash Tour. American Pro Squash Inc. dba Pro Squash Tour's use of any personal information that you provide to American Pro Squash Inc. dba Pro Squash Tour during the account creation process is governed by American Pro Squash Inc. dba Pro Squash Tour's privacy policy.
4. YOUR ACCOUNT
When you create an account with American Pro Squash Inc. dba Pro Squash Tour, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and for all activity that occurs under your account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your account under your user name and password. You agree to (a) immediately notify American Pro Squash Inc. dba Pro Squash Tour of any unauthorized use of your American Pro Squash Inc. dba Pro Squash Tour account or any other breach of security and (b) ensure that you exit from your American Pro Squash Inc. dba Pro Squash Tour account at the end of each session. If you violate these Terms, American Pro Squash Inc. dba Pro Squash Tour may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, Postings, newsletters, and promotions), or take any other action that American Pro Squash Inc. dba US Pro Squash believes is appropriate.
5. POSTING CONTENT ON AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR
You agree that you will only post content (i.e. Postings, classifieds, advertisements) that you believe to be true and you will not purposely provide false or misleading information in your Postings. You are responsible for complying with all laws applicable to any content you submit to the Service, including any Postings. You are solely responsible for your Postings listed on the Service. American Pro Squash Inc. dba Pro Squash Tour reserves the right, but has no obligation, to monitor disputes between you and any business that you have reviewed. American Pro Squash Inc. dba Pro Squash Tour reserves the right, but not the obligation, to refuse to post or to remove any review submitted through your American Pro Squash Inc. dba Pro Squash Tour account (a “Review”) for any reason, including if the Review contains any of the following:
1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech)
2. References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
3. Postings submitted by the reviewed business' employees (past or present) or competitors, as determined by American Pro Squash Inc. dba Pro Squash Tour
4. Postings that do not address the goods and services of the business or Postings with no qualitative value (e.g., "this place is great!"), as determined by American Pro Squash Inc. dba Pro Squash Tour in its sole discretion.
5. Postings commenting on other users
6. Content that contains personal attacks or describes physical confrontations and/or sexual harassment
7. Excessive damage caused by business or service to person or property
8. Personal information or messages including email addresses, URLs, phone numbers and postal addresses
9. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter
10. Language that violates the standards of good taste or the standards of this website, as determined by American Pro Squash Inc. dba Pro Squash Tour in its sole discretion
11. Content determined by American Pro Squash Inc. dba Pro Squash Tour to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity
12. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures
13. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information
14. Content that otherwise violates this Agreement or that may harm or threaten the safety of other users of the Service
15. Content that is false or intentionally misleading
Postings by end users do not reflect the views of American Pro Squash Inc. dba Pro Squash Tour or any of American Pro Squash Inc. dba Pro Squash Tour’s parent company or affiliated companies or any of their respective employees, officers, directors, or shareholders. American Pro Squash Inc. dba Pro Squash Tour does not assume responsibility or liability for any Posting or for any claims, damages, or losses resulting from any use of a Posting.
You agree that any Postings that you submit to American Pro Squash Inc. dba Pro Squash Tour shall be owned exclusively and in perpetuity by American Pro Squash Inc. dba Pro Squash Tour. Such exclusive ownership means that American Pro Squash Inc. dba Pro Squash Tour, its subsidiaries, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, sell, and distribute any and all materials and communications regarding and including submitted Postings. American Pro Squash Inc. dba Pro Squash Tour is under no obligation to give credit or pay any consideration to you for your Postings. If, despite the foregoing, full title and ownership of the Postings is not deemed to be vested in American Pro Squash Inc. dba Pro Squash Tour, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, American Pro Squash Inc. dba Pro Squash Tour, its contractors and distribution partners, and the users of the Service an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute your Postings and to prepare derivative works of, or incorporate into other works, such Postings. This license is non-exclusive, except you agree that American Pro Squash Inc. dba Pro Squash Tour shall have the exclusive right to practice this license to the extent of combining your Postings with the Postings of other American Pro Squash Inc. dba Pro Squash Tour users for purposes of constructing or populating a searchable database of business and local Postings.
6. USE OF POSTINGS
American Pro Squash Inc. dba Pro Squash Tour does not control the content posted by third-parties (including, but not limited to, Market Managers, Market Directors, Regional Managers, Regional Directors, and Market Advisory Board Members) on the Service, including the content of any Postings, and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content. Under no circumstances will American Pro Squash Inc. dba Pro Squash Tour be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. If you see objectionable content or have any questions about this Agreement, please contact American Pro Squash Inc. dba Pro Squash Tour at customerservice@usprosquash.com.
7. ADVERTISING
You understand and agree that the Service may include advertisements and that these advertisements are necessary for American Pro Squash Inc. dba Pro Squash Tour to provide the Service.
8. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The American Pro Squash Inc. dba Pro Squash Tour Web Pages are for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the American Pro Squash Inc. dba Pro Squash Tour Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You will not use the American Pro Squash Inc. dba US Pro Squash Web Pages in any way that is unlawful, or harms American Pro Squash Inc. dba Pro Squash Tour, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "American Pro Squash Inc. dba Pro Squash Tour Party" and collectively, the "American Pro Squash Inc. dba US Pro Squash Parties") or any customer of an American Pro Squash Inc. dba US Pro Squash Party, as determined in American Pro Squash Inc. dba Pro Squash Tour's sole discretion. American Pro Squash Inc. dba Pro Squash Tour may tell you about certain specific harmful uses in a code of conduct or other notices available through a American Pro Squash Inc. dba Pro Squash Tour Web Page, but has no obligation to do so. You will not use any American Pro Squash Inc. dba US Pro Squash Web Page in any way that breaches any code of conduct, policy or other notice applicable to such American Pro Squash Inc. dba Pro Squash Tour Web Page. Without limiting the generality of this Section, you will not use the American Pro Squash Inc. dba Pro Squash Tour Web Pages in any manner that could damage, disable, overburden, or impair any American Pro Squash Inc. dba Pro Squash Tour Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.
9. PROHIBITED ACTIVITIES
Without limiting the generality of Section 4, you will not use any American Pro Squash Inc. dba US Pro Squash Web Page to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.   You will not send automated queries of any sort to the Service without express permission in advance from American Pro Squash Inc. dba Pro Squash Tour. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Service to determine how a web site or web page "ranks" on the Service for various queries; (b) "meta-searching" the Service; and (c) performing "offline" searches on the Service.
10. INFORMATION AVAILABLE FROM THE RESULTS PAGES
American Pro Squash Inc. dba Pro Squash Tour and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on a American Pro Squash Inc. dba Pro Squash Tour Web Page. American Pro Squash Inc. dba US Pro Squash and its suppliers do not authorize the use of information available from American Pro Squash Inc. dba Pro Squash Tour Web Pages for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. American Pro Squash Inc. dba Pro Squash Tour does not endorse or recommend any particular product or service.
11. AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR MAKES NO WARRANTY
AMERICAN PRO SQUASH INC. DBA US PRO SQUASH PROVIDES THE AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR WEB PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE AMERICAN PRO SQUASH INC. DBA US PRO SQUASH PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR WEB PAGES, EVEN IF SUCH AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
13. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
The American Pro Squash Inc. dba Pro Squash Tour Parties may change the service or delete features in any way, without notice, at any time and for any reason. As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") originated by American Pro Squash Inc. dba Pro Squash Tour and persons other than American Pro Squash Inc. dba Pro Squash Tour ("Third Parties"). The intellectual property rights in any Content, including any trademarks, provided by Third Parties via the Service are owned by such Third Parties or their licensors and may be subject to separate Terms and Conditions of those Third Parties. You understand and agree that by using the Service, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive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
14. LINKS
The American Pro Squash Inc. dba Pro Squash Tour Web Pages may include links to other World Wide Web sites or resources provided by Third Parties over which American Pro Squash Inc. dba Pro Squash Tour exercises no control. The search results that appear from American Pro Squash Inc. dba Pro Squash Tour's indices are indexed by American Pro Squash Inc. dba Pro Squash Tour's automated machinery and computers, and American Pro Squash Inc. dba Pro Squash Tour cannot and does not screen the sites before including them in the indices from which such automated search results are gathered.  Because American Pro Squash Inc. dba Pro Squash Tour has no control over such links, sites and resources, you acknowledge and agree that American Pro Squash Inc. dba Pro Squash Tour is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such links, sites or resources. You further acknowledge and agree that American Pro Squash Inc. dba Pro Squash Tour shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such link, site or resource.
15. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
American Pro Squash Inc. dba Pro Squash Tour occasionally receives requests to remove links from its indices that generate web results. Although American Pro Squash Inc. dba US Pro Squash reserves the right to address such requests individually, American Pro Squash Inc. dba Pro Squash Tour is generally not willing to remove any links from its indices. American Pro Squash Inc. dba Pro Squash Tour's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, American Pro Squash Inc. dba Pro Squash Tour cannot and does not screen anything made available through its indices. For each web site reflected in American Pro Squash Inc. dba Pro Squash Tour's indices, if either (a) a site owner restricts access to his or her web site or (b) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, American Pro Squash Inc. dba Pro Squash Tour would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
16. MAP INFORMATION
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service.
17. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless American Pro Squash Inc. dba Pro Squash Tour, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this Agreement or from your use of the Service. American Pro Squash Inc. dba Pro Squash Tour reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
18. PROPRIETARY INFORMATION
You acknowledge and agree that the American Pro Squash Inc. dba Pro Squash Tour Web Pages and any Content, services or software available through or used in connection with the American Pro Squash Inc. dba Pro Squash Tour Web Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the American Pro Squash Inc. dba Pro Squash Tour Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by American Pro Squash Inc. dba Pro Squash Tour or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the American Pro Squash Inc. dba Pro Squash Tour Web Pages or any Content, services or software available through or used in connection with the American Pro Squash Inc. dba Pro Squash Tour Web Pages, in whole or in part.
19. TRADEMARK INFORMATION
You acknowledge and agree that American Pro Squash Inc. dba Pro Squash Tour™ and other American Pro Squash Inc. dba Pro Squash Tour logos, products and service names are trademarks of American Pro Squash Inc. dba Pro Squash Tour ("American Pro Squash Inc. dba Pro Squash Tour Marks") and you agree that you will not display or use the American Pro Squash Inc. dba Pro Squash Tour Marks in any manner, without the express written permission of American Pro Squash Inc. dba Pro Squash Tour.
20. TERMINATION; ACCESS RESTRICTION
American Pro Squash Inc. dba Pro Squash Tour may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease. American Pro Squash Inc. dba Pro Squash Tour may discontinue, temporarily or permanently, the Service with or without notice.
21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with American Pro Squash Inc. dba Pro Squash Tour, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Massachusetts, without reference to conflict of laws principles. If this Agreement is with a American Pro Squash Inc. dba US Pro Squash affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such American Pro Squash Inc. dba Pro Squash Tour affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject American Pro Squash Inc. dba Pro Squash Tour Web Pages are directed. If this Agreement is with American Pro Squash Inc. dba Pro Squash Tour, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Massachusetts, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with a American Pro Squash Inc. dba US Pro Squash affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such American Pro Squash Inc. dba Pro Squash Tour affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
22. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.   American Pro Squash Inc. dba Pro Squash Tour may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and American Pro Squash Inc. dba Pro Squash Tour with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and American Pro Squash Inc. dba Pro Squash Tour with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
23. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND AMERICAN PRO SQUASH INC. DBA PRO SQUASH TOUR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the American Pro Squash Inc. dba Pro Squash Tour Web Pages are Copyright © 2008 American Pro Squash Inc. dba Pro Squash Tour Corporation and/or its suppliers, all rights reserved. American Pro Squash Inc. dba Pro Squash Tour, the American Pro Squash Inc. dba Pro Squash Tour name and logo (Welcome Neighbor door mat), and/or other American Pro Squash Inc. dba Pro Squash Tour products and services referenced herein may also be either trademarks or registered trademarks of American Pro Squash Inc. dba Pro Squash Tour in the United States and/or other countries. Any rights not expressly granted herein are reserved.
25. COPYRIGHT INFRINGEMENT
American Pro Squash Inc. dba Pro Squash Tour respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. As a provider of the Service (which provides paid and web search results and links to the web sites of third parties), American Pro Squash Inc. dba Pro Squash Tour is not in a position to arbitrate copyright disputes between copyright owners, on the one hand, and advertisers, web site operators or users of the Service, on the other hand. The advertisers, web site operators, and users are responsible for their own content.   Thus, we encourage copyright owners to resolve their disputes directly with the advertisers, web site operators, and/or users.   However, if an advertiser, web site operator, or user of the Service, as the case may be, repeatedly infringes the rights of a copyright owner(s), American Pro Squash Inc. dba Pro Squash Tour may, in appropriate circumstances and at its discretion, (a) disable and/or terminate the right of such advertiser to display its advertisements on American Pro Squash Inc. dba Pro Squash Tour Web Pages; (b) exclude such web site from being included in American Pro Squash Inc. dba Pro Squash Tour's indices and web results; or (c) disable and/or terminate the right of such user to use the Service, as the case may be. If you believe that your work has been copied in a way that constitutes copyright infringement, and you believe it is appropriate to notify American Pro Squash Inc. dba Pro Squash Tour thereof, please send a notice that complies with Title 17, United States Code, Section 512(c)(3) to American Pro Squash Inc. dba Pro Squash Tour's Copyright Agent:
Copyright Agent
E-mail: copyright@usprosquash.com
Tel: (609) 916-0100
Fax: (484) 970-1660

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE.
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