Terms and Conditions | Reservoir High School Speech and Debate

Terms and Conditions

You are required to read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website, its pages, and its Content (collectively, the "Service"), operated by Brian A. Shouse (the "Site Owner"). Wix.com Ltd. and its holdings, which host the Service, are not, and shall not be construed to be, part of the Service. The Terms sets forth the legally binding terms for your use of the Service. The Service allows or may allow you to (a) link, store, share, upload, and otherwise make available data, documents, text, graphics, videos, or other material ("Content", "Material") as well as to (b) access, use, download, and avail yourself of certain Content which is made available to you. Your failure to read these Terms and Conditions will not exempt you or excuse you from compliance with these Terms. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access or use the Service. Accessing and using the Service constitutes your acceptance of and consent to these Terms in full.

Identity, Accounts, and Access

By using and/or accessing the Service, you represent and warrant that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that if you are under the age of eighteen (18) you have permission from your legal guardian to access and/or utilize the Service, and that your use of the Service does not violate any applicable law or regulation. By using and/or accessing the Service you further represent that you are or were a student at Reservoir High School ("RHS") in Fulton, Maryland, a parent of an RHS student or RHS students, a member of faculty at RHS, or Brian A. Shouse. By using and/or accessing the Service, you acknowledge that you are at least thirteen (13) years old. By using and/or accessing the Service, you agree that you are not impersonating and will not impersonate any entity or individual.

By using and/or accessing the Service, you agree not to create, use, or knowingly possess passwords and usernames ("Log-in Credentials") for, or to have access to, more than one Membership account. By using and/or accessing the Service, you further agree not to share Log-in Credentials or access to any Membership account with any other individual or entity.

By using and/or accessing the Service, you agree not to access the Service by any means other than through the interface provided by the Service for use in accessing the Service. Prohibited means of accessing the Service include, but are not limited to, using or launching any automated system, including without limitation any spider, robot (or "bot"), scraper, or offline reader. Notwithstanding the foregoing, the Site Owner grants the operators of public search engines permission to use spiders to copy Content from the Service for the limited and sole purpose of creating publicly available, searchable indices of such Content (except where such Content is reserved for Members only), but not caches or archives of such Content.

Usage and Conduct

By using and/or accessing the Service, you agree not to use the Service to artificially generate traffic or page links to a website or for any other purpose not intended for personal, noncommercial use of the Service. By using and/or accessing the Service, you further agree that you will not collect, harvest, or download any personally identifiable information, including Member account information, from the Service.

By using and/or accessing the Service, you agree not not rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any Material on the Service. By using and/or accessing the Service, you agree not to upload, share, or otherwise make available Content which is illegal, obscene, pornographic, and/or violent. What counts as violent or obscene Content is at the Site Owner's sole discretion.

By using and/or accessing the Service, you agree not to engage in any illegal, harassing, stalking, or cyberbullying conduct on, through, with the aid of, or by using the Service. What constitutes harassing, stalking, or cyberbullying conduct is at the Site Owner's sole discretion. By using and/or accessing the Service, you agree not to upload, produce, promote, or otherwise disseminate hate speech on, through, with the aid of, or by using the Service. What constitutes hate speech is at the Site Owner's sole discretion.

By using and/or accessing the Service, you agree not to disseminate, share, or otherwise make available information, links, files, PDFs, images, or other Content on or of the Service with individuals or entities who are not Members of the Service or Approved Non-Users. Members of the Service are individuals or entities with accounts on the Service that have been approved by the Site Owner. Approved Non-Users are individuals who currently compete on behalf of RHS in tournaments sponsored by National Catholic Forensics League, the Baltimore Catholic Forensics League, and/or the National Speech and Debate Association.

Functionality and Data Access

You are responsible for ensuring that the Content you upload, link, store, share, and otherwise make available on the Service is fully compliant with both the law and these policies and is free of any viruses or malware.

By using and/or accessing the Service, you agree that all Material you share, upload, or otherwise make available on the Service, including but not limited to files and pictures (except for your profile picture), becomes the Site Owner's property, and you waive all claims of ownership to said property. By using and/or accessing the Service, you agree that you will not copy, distribute, share, sell, create derivative works of, or otherwise alter or use any Material, including posts, files, and pictures, found on this site, in whole or in part, for any purpose whatsoever except as explicitly authorized in writing by the Site Owner.

By using and/or accessing the Service, you further agree that you will not upload, copy, distribute, share, or otherwise disseminate unsolicited or unauthorized advertising or promotional material,"junk mail,""spam,""chain letters," or any other form of solicitation, on, through, with the aid of, or by using the Service.

By using and/or accessing the Service, you agree that you will not upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code or malware that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent. By using and/or accessing the Service, you agree not to disrupt, interfere with, hack, penetrate, alter, surveil, undermine, destroy, interrupt, or limit the functionality of the Service.

The Service may contain links to third-party web sites or services that are not owned or controlled by the Site Owner. The Site Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Site Owner shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with accessing, attempting to access, use of, or reliance on any such third-party content, as well as any goods or services available on or through any such third-party websites or services.

The Service may contain files, videos, and images (including but not limited to .doc, .docx, .pdf, .jpeg, .png, .exel, .xls, .xlsx, .exe, .zip, .mp4, .gif, .mov, .csv, .tif, .tiff, .bmp, .asp, .aspx, .ppt, .pptx, .pps, and .txt files) made by the Site Owner or by a third-party. By using and/or accessing the Service, you agree that the Site Owner shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with accessing (including downloading, viewing, and/or previewing), attempting to access, using, or relying on any such files, videos, or images. You acknowledge that accessing or attempting to access such files, videos, or images (including all downloads, views, and/or previews) is done AT YOUR OWN RISK, and that no warranty is provided regarding the safety or functionality of such files, videos, or images.

Privacy

While using the Service, the Service or the Site Owner may ask you to provide certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personal Data may include, but is not limited to, names and email addresses.

While using the Service, the Service or the Site Owner may also collect information on how the Service is accessed and used ("Usage Data"). Usage Data may include, but is not limited to, information such as Internet Protocol addresses, the pages of the Service that you visit, and the time and date of your visit.

By using and/or accessing the Service, you agree to allow the collection and storage of your Personal Data and Usage Data for non-commercial purposes. Your Personal Data and Usage Data will never be sold or provided to third-parties by the Site Owner or the Service for commercial purposes.

The Service uses the collected data for various purposes, including but not limited to, providing and maintaining the Service, providing Member and user support, providing data for analysis on how to improve the Service, to monitor compliance with the Terms, and to detect and address technical issues.

The Service or the Site Owner may disclose, and by your using and/or accessing the Service is given your consent to disclose, your Personal Data and/or Usage Data in the good faith belief that such action is necessary to:

Comply with a legal obligation or assist a police investigation
Protect and defend the Site Owner's rights or property, including but not limited to the Service itself
Prevent or investigate possible wrongdoing (including violation of these Terms) in connection with the Service
Protect the personal safety and wellbeing of Members or users of the Service or the public
Protect against legal liability or negative publicity

By using and/or accessing the Service, you acknowledge and agree that the Site Owner's and the Service's obligations to protect your Personal Data and Usage Data are limited in their entirety to (a) never selling your Personal Data or Usage Data, (b) never intentionally providing your Personal Data or Usage Data to third-parties for commercial purposes, and (c) never intentionally disclosing your Personal Data or Usage Data except in the good faith belief that such action is necessary for one of the aforementioned reasons.

Disclaimers and Indemnity

The Service is provided "as-is." ANY USE OF THE SERVICE IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, the Site Owner and Service expressly disclaim all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. The Site Owner and Service make no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and the Site Owner and Service disclaim any liability relating thereto. The Site Owner and Service cannot guarantee and do not promise any specific results from use of the Service or the Internet.

Under no circumstances shall the Site Owner or Service be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in the Service's or Internet's performance. Without limiting the foregoing, the Site Owner and Service shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, line, computer online system, server or provider, computer or other equipment, email, media player, or other software or hardware, whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. The Site Owner and Service shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or forces or causes beyond the Site Owner's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of Third-Parties, or loss of or fluctuations in heating, lighting, or air conditioning.

The Site Owner and/or the Service shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly (a) from participation in the Service; (b) from communication with, between, or among any Members of, users of, or visitors to the Service; (c) from accessing or using Content or other materials in connection with the Service; and/or from any other reason set forth herein. Without prior notice, the Site Owner may modify, suspend, or discontinue any part of the Service (including any Content or your use of such Content); and, in the event the Site Owner does so, the Site Owner will not be liable to you or any third-party.

You acknowledge that your uploading of any Content to the Service is done at your own risk; the Site Owner or Service shall not be held liable for any loss, damage, or injury relating to such Content in any way. You likewise acknowledge that your downloading of, accessing, or viewing any Content on or from the Service is done at your own risk; the Site Owner or Service shall not be held liable for any loss, damage, or injury relating to such Content in any way. The Site Owner or Service shall not be held liable for any incorrect or inaccurate Material posted on the Service or in connection with the Service, whether caused by users, visitors, Members, or any equipment or programming associated with or used in the Service. The Site Owner or Service shall not be held liable for the conduct of any Member, user, or visitor. Under no circumstances shall I be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on or accessed from the Service or transmitted to Members, or any interaction between Members or users, whether online or offline.

IN NO EVENT SHALL THE SITE OWNER OR THE SERVICE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SERVICE EVEN IF THE SITE OWNER OR SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OWNER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT, AND NEITHER YOU NOR ANY THIRD-PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SITE OWNER OR SERVICE SHALL NOT BE LIABLE FOR CONTENT UPLOADED, DOWNLOADED, OR ACCESSED BY MEMBERS, USERS, OR VISITORS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, VISITOR, OR OTHER THIRD-PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE OWNER'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE OWNER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, OR UP TO TWO HUNDRED AND FIFTY US DOLLARS ($250.00USD), WHICHEVER IS THE GREATER SUM.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SITE OWNER, THE SERVICE, AFFILIATES, AND ADMINS FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD-PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, ANY CONTENT THAT YOU ACCESS (INCLUDING BY DOWNLOADING), YOUR USE OF CONTENT ACCESSED FROM THE SITE OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.

Reservation of Rights

The Site Owner reserves the right, at the Site Owner's sole discretion, to modify or replace these Terms in whole or in part at any time. Notice of any changes to these Terms will be provided by email to the email addresses provided by Members when they joined the site and after the changes have been made but at least six hours before those changes to the Terms will come into force. Passages of the Terms that have been changed but have not yet in force will be italicized. Passages of the Terms which are about to be changed but are still in force prior to being changed will be in a font size 4 points smaller than the main body of the Terms' text. By using and/or accessing the Service, you agree that six hours' notice shall be sufficient notice of any change or changes to these Terms. By using and/or accessing the Service, you agree that an email sent to your account's provided email address stating, quote, "RHS Speech and Debate's Terms of Service have been updated," with the date and time at which the changes shall come into force and with section title(s) of the changed portions of the Terms shall be sufficient notice of any changes to these Terms.

The Site Owner reserves the right, at the Site Owner's sole discretion, to modify, delete, or otherwise change a Member's username, URL address, content, or account with or without notice, at any time, and without liability. The Site Owner reserves the right to modify, delete, or otherwise change any Content (including files, videos, and images) on, stored on, and/or accessible on the Service at any time.

The Site Owner reserves the right to use usernames and/or URL addresses of Members on the Service without limitation.

Miscellaneous

By visiting, accessing or using the Service, you agree that the laws of the United States and the State of Maryland, without regard to principle conflict of laws, will govern these Terms and any dispute that may arise between you and the Site Owner or the Site Owner's affiliates.

The Service is not an official product, website, service, document, statement, or representation of Reservoir High School, the Howard County Public School System, Howard County government, Howard County School Board, the State of Maryland, or the faculty or employees of any of the forgoing. By using and/or accessing the Service, the Member agrees that all interactions, actions, and conduct on the Service that they engage in are undertaken in their personal capacity. No Content on this site shall represent the actual thoughts, views, positions, statements, or values of Reservoir High School, the Howard County Public School System, Howard County government, Howard County School Board, or the State of Maryland.

Individuals or entities whose accessing, use of, or conduct on or relating to the Service which (a) results in harm to the Service's operability and/or functionality; (b) tampers with, modifies, deletes, or otherwise changes the Service or existing Content on the Service without the Site Owner's written prior consent; (c) hacks and/or penetrates the Service or Content; (d) accesses the Service through a method other than the interface provided by the Service; (e) disseminates, shares, uploads, or otherwise makes available malware on the Service; and/or (f) disseminates, shares, or otherwise makes available the Content, including posts, files, and other data, on or of the Service with individuals or entities who are not Members of the Service or Approved Non-Users, SHALL BE HELD LIABLE FOR DAMAGES in an amount to be decided SOLELY BY THE SITE OWNER and between FIVE HUNDRED US DOLLARS ($500.00USD) and ONE THOUSAND US DOLLARS ($1,000.00USD), AND additionally ANY ATTORNEY'S FEES incurred by the Site Owner or the Service in pursuit of such damages. Individuals or entities who knowingly misrepresent or falsify their registration information or impersonate any other individual or entity SHALL BE HELD LIABLE FOR DAMAGES in an amount to be decided SOLELY BY THE SITE OWNER and between FIVE HUNDRED US DOLLARS ($500.00USD) and ONE THOUSAND US DOLLARS ($1,000.00USD), AND additionally ANY ATTORNEY'S FEES incurred by the Site Owner or the Service in pursuit of such damages. The foregoing is not to preclude, and shall not be interpreted as precluding, the Site Owner's or the Site Owner's affiliates seeking damages as a result of injury, property damage, emotional distress, or other cause for issues related or unrelated to the forgoing.

These Terms and Conditions represent the COMPLETE AND EXCLUSIVE statement of the agreement between the Site Owner, the Service, and you regarding access to and use of the Service; it supersedes any prior proposal, oral or written agreement, and any other communications between the Site Owner and you relating to the subject matter of the Terms whether such communication occurred prior to or subsequent to your use of the Service. Any failure of the Site Owner's to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Terms shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Unless expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. The "Most Recent Update" information below is an approximation and provided solely for convenience.

If you are under the age of eighteen, you agree that to disaffirm this agreement, you must delete your account on the Service and/or submit a written request to the Site Owner to have your account on the Service deleted.

Most Recent Update: 7/28/23 at ~9:00am EST