Welcome to the Burhani Sports Club (Texas) Inc.’s website (the “Site”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE YOU USE THIS SITE. Your use of this site constitutes your agreement to these terms and conditions. If you disagree with any item in these terms and conditions, do not use or sign on to the Site.
1. Ownership. Burhani Sports Club (Texas) Inc. (“we” or “BSC”) owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these terms and conditions.
2. Copyright and Trademark Notices. This Site and all Content is ©2024, BSC (and/or BSC’s affiliates or third party product or service providers). “BSC” and other names and designations of “Burhani Sports Club (Texas) Inc.”) or any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of BSC (or its affiliates). Other corporate names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in this Site and the Content are reserved to BSC.
3. Use of Site (General). YOU MAY ONLY USE THE SITE IF (I) YOU ARE A MEMBER OF THE DAWOODI BOHRA COMMUNITY UNDER THE LEADERSHIP OF THE 53RD AL-DAI AL-MUTLAQ HIS HOLINESS DR. SYEDNA MUFADDAL SAIFUDDIN (TUS); AND (II) YOUR ITS (OR EJAMAAT) NUMBER IS REGISTERED TO SHOW MEMBERSHIP IN ONE OF THE JAMIATS BASED IN THE STATE OF TEXAS, USA.
You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content in violation of any applicable law or regulation, in connection with any commercial or “for profit” enterprise, or in any other manner that would conflict with these terms and conditions.
Access to certain services on this Site is limited to BSC website members (i.e., persons who have provided us with the user information requested or supplied to us).
YOU REPRESENT AND WARRANT THAT YOU WILL TAKE ALL REASONABLE PRECAUTIONS TO PRESERVE THE CONFIDENTIALITY OF YOUR PERSONAL LOGIN INFORMATION AND TO PREVENT ITS UNAUTHORIZED USE. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR ALL FEES, CHARGES, DUTIES, TAXES, AND OTHER AMOUNTS THAT MAY BE IMPOSED WITH RESPECT TO THE USE OF THIS SITE BY YOU OR BY ANY OTHER PERSON USING YOUR PERSONAL LOGIN INFORMATION.
BSC may at any time, in its exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these terms and conditions, as determined by BSC in its sole discretion, may result in the termination of your BSC membership and/or access to this Site, as well as the taking of any and all lawful action against you (including, but not limited to, suspension of ITS privileges).
Neither this Site nor portions of this Site may be marketed, copied, published or transmitted using mechanical or electronic means, directly or indirectly, for commercial or private uses. Posting these materials on another website or within a group of networked computers is not authorized. Illicit use of this Site or its materials will violate copyright and intellectual property laws, in addition to other laws.
Additionally, Site users and visitors are prohibited from posting offensive or unlawful material, or any material which causes the possibility of civil liability or criminal offense. Site users who use any means to submit a file or other materials to the Site automatically grant BSC permission to treat those materials as public domain information.
4. Age Disclosure and Financial Responsibility. By using the Site, you represent that you are of legal age to create binding obligations for any financial responsibility which you incur while using this Site. You will be held financially responsible for any application of this Site by yourself and any person who uses your login information.
5. Online Access Information. Site users are solely responsible for the security of the User ID and Passwords used for their online account access. Users are not authorized to establish or change User IDs or Passwords for accounts which they have not been given permission to administer. Any damages or losses resulting from shared passwords or user IDs, or from unauthorized access to another’s account will be the responsibility of the account owners, and not BSC.
6. Liquidated Damages for Certain Unauthorized Uses of Site. You acknowledge and agree that it would be extremely difficult to quantify the harm to BSC arising from your use of the services available on this Site (the “Services”) in connection with any commercial enterprise. Accordingly, you agree that you will be liable to BSC for liquidated damages in the amount of $553.00 U.S.D. each time you use any of the Services in connection with a commercial enterprise or for any other use not expressly permitted by these terms and conditions or otherwise authorized in writing by an authorized representative of BSC.
7. Links to Other Sites. Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than BSC (“Third-Party Sites”), including without limitation access to the back-end financial and accounting database used by BSC. The availability of click-through access to Third-Party Sites is not intended to create or imply any affiliation between BSC and the owners or operators of any Third-Party Site, or any sponsorship by BSC of any Third-Party Site or its owners or operators. You acknowledge that these terms and conditions contain no representation, warranty, or endorsement by us of any Third-Party Site or any of the products, services, information, or other content available on that site.
Your use of any Third-Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions. The fact that BSC links to another website does not mean that BSC endorses that website or guarantees any of its products or services.
8. Downloaded Content. If any portion of this Site enables you to download any Content, you may download one (1) copy only of such Content for use on a single computer (“Downloaded Content”), provided that your use of the Downloaded Content complies with these terms and conditions. If the Downloaded Content contains additional terms and conditions, then your use of that Downloaded content will be governed by the provisions of those additional terms and conditions, as well as by these terms and conditions. The installation or use by you of any Downloaded Content that includes additional terms and conditions will constitute your acceptance of those additional terms and conditions.
You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content, without the express written consent of the owner of the Downloaded Content. For example, and without limiting the foregoing, you may not remove or modify any copyright, trademark, or other proprietary notice displayed on any Downloaded Content, nor may you transmit or otherwise transfer any Downloaded Content to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise.
9. User Submissions. With respect to any design, idea, concept, suggestion, or other information you communicate to BSC, electronically, telephonically, in writing or otherwise (“Submissions”), you automatically, and without further action, grant to BSC a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology.
10. Privacy Policy. By use of the Site, you are agreeing that you have read BSC’s privacy policy, the terms of which are expressly incorporated herein, and have agreed with it. You consent to use of your personally identifiable information by BSC and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the privacy policy.
11. Disclaimer of Representations and Warranties. THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” BSC DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK THROUGH ACCESS, INCLUDING THIRD-PARTY SITES, OR THEIR RESPECTIVE CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BSC DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THROUGH ACCESS, INCLUDING THIRD-PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
12. Disclaimer of Liability. IN NO EVENT WILL BSC BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK THROUGH ACCESS, EVEN IF BSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BSC WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH BSC PROVIDES CLICK-THROUGH ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH BSC PROVIDES CLICK-THROUGH ACCESS, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH BSC PROVIDES CLICK THROUGH ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) ANY OTHER USE OF THIS SITE, ANY SITE TO WHICH BSC PROVIDES CLICK-THROUGH ACCESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
13. Limitation of Liability. BSC and all of BSC’s affiliates, and their respective subcontractors, freelancers, vendors, out sources, partners, developers and designers working on behalf of or for BSC cannot control and will not be liable for the defamatory or otherwise illegal behavior of linked websites, or other internet users.
If, notwithstanding the foregoing, BSC or any third-party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Site or its Content, as described herein, the liability of BSC and the third-party providers and distributors shall in no event exceed $100.00 U.S.D in total for all claims by any person.
14. Indemnification. By your use of the Site, you agree to indemnify BSC as well as its subcontractors, freelancers, vendors, partners, affiliates, developers, designers, third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, arising from your use of the Site, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties.
15. Export Controls. Your use of this Site is subject to applicable United States export controls. You agree not to download, export, or re-export, directly or indirectly, any Content to any other country to which the United States has embargoed goods, to any national or resident of any such country, to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or to anyone on the United States Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any of the countries, and you are not identified on any of the lists, described in this paragraph.
16. Governing Law, Jurisdiction, Venue. These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law. In the event of a dispute arising out of or in connection with or with respect to these terms and conditions, any breach of these terms and conditions, and/or use of this Site, you hereby irrevocably agree that such dispute shall be resolved by binding arbitration by a single arbitrator in Harris County, Texas in accordance with the rules of the American Arbitration Association (“AAA”). The award rendered thereon by the arbitrator shall be final and binding on the parties thereto. Notwithstanding the foregoing, BSC may, but shall not be obligated to, raise an action against you for violation of these terms and conditions in the state or federal courts located in Houston, Texas if the total damages sought are less than $20,000.00.
17. Additional Rights and Restrictions. (1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these terms and conditions. (2) BSC reserves all rights relating to this Site or the Content not expressly granted to BSC by these terms and conditions. (3) If any provision of these terms and conditions is determined to be invalid or unenforceable, 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 will not affect the validity or enforceability of any of the remaining provisions
of these terms and conditions. (4) No waiver by BSC of any provision hereof, and no failure by BSC to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by the President of BSC. (5) BSC may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site or any other Content. (6) The headings used in these terms and conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.
18. Modification and Acceptance of Terms and Conditions. You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these terms and conditions. These terms and conditions may be modified by BSC at any time, without prior notice, upon posting of the entire amended and restated terms and conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.
19. Entire Agreement. These terms and conditions, as modified from time to time by BSC and accepted by you in accordance with the provisions of the preceding paragraph, constitute the entire agreement between you and BSC with respect to your use of this Site and the Content. In any proceeding to settle a dispute between you and BSC regarding your use of this Site or the Content or regarding these terms and conditions, as modified, if applicable, a printed version of these terms and conditions, as modified, if applicable, and of any electronic notice given by us to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.