USA Cheer - AboutUs

Bylaws

Fri, 04 Dec 2009 00:00:00 -0500

Please CLICK HERE to view the USA Cheer Bylaws & Rules of Governance & Operation.

Privacy Policy

Thu, 13 Aug 2009 00:00:00 -0500

Safeguarding Our Members′ Privacy
Your privacy is very important to Usacheer.net (USA Cheer). This Privacy Policy spells out our commitment to respecting the privacy of Usacheer.net users. USA Cheer reserves the right to change this policy, and we will notify you of any changes.

Collection of Information
Collection of information is usually grouped into two categories: personally identifiable information and so-called ′aggregate′ information. Personally identifiable information is any information in USA Cheer’s possession that is associated with a specific user of our site (such as a name or address) and information we collect about how individual visitors use our site (such as the fact that a visitor likes entertainment news or has purchased certain merchandise). It does not include aggregate information, which is general demographic information (such as the total number of visitors who are more than 35 years old).

Personally Identifiable Information
Usacheer.net uses personal information only for the following purposes:

1.   to process requests and orders placed with advertisers, merchants and service providers;
2.   to personalize content based on visitors’ interests, including making visitors aware of editorial features, advertisements, and commercial offerings that may be of interest;
3.   to communicate with visitors;
4.   to register a visitor for a contest or sweepstakes and to administer or make related offers from the same;
5.   to serve visitors when they have questions or problems;
6.   to perform normal business operations, such as billing, collection, and accounting; and
7.   to investigate complaints and protect visitors, in compliance with the law.

Usacheer.net contains links to a variety of providers who offer content, services and e-commerce. Many of these links may be in ′frames,′ meaning that Usacheer.net’s navigation will still be visible as you move throughout the linked site(s). Usacheer.net may or may not have a formal relationship with the linked site. If we have a formal relationship, you are still covered under the Usacheer.net privacy policy. If we do not have a formal relationship with the site, you will know that you have left the Usacheer.net site (and thus are no longer covered by the Usacheer.net privacy policy) when the words ′Return to Usacheer.net′ appear in the Usacheer.net ′frame.′ When you see ′Return to Usacheer.net,′ please be aware that you are no longer under the Usacheer.net privacy policy. You should review the linked site’s privacy policy before divulging any personal information, including your e-mail address, credit card number (for an e-commerce link), name, etc.

Your profile information (any demographic information you provide to Usacheer.net such as zip code, age, expected year of graduation and major) may be used to create personalized content, services, and marketing on Usacheer.net so that we can deliver information to you based on your interests and location. In addition, Usacheer.net may provide affiliates with non-personally identifiable profile information to generate aggregate reports and market research, for example, ′30% of Usacheer.net visitors/members are Varsity cheerleaders in the Southeast′).

We use ′cookies′ to deliver content specific to your interests and to save your password so that you do not have to re-enter it each time you visit the site. For more information on cookies and why we use them, please read our Usacheer.net Frequently Asked Question (FAQ) page.

Agreement, Interactive Features Guidelines and policies
From time to time, we′ll make our visitorship list available to carefully selected outside organizations. We may also send approved commercial communications to visitors on behalf of outside parties. If you do not want your name, address, e-mail address or other personal information to be provided for such purposes, indicate your intent by going to Visitor Preferences and choosing to opt out.

Usacheer.net uses strict procedures and safeguards designed to protect the privacy of all personal information. All Usacheer.net employees with access to personal information are required to follow specific practices concerning its proper handling, as specifically authorized or as required by law.

Usacheer.net complies in all respects with the Electronic Communications Privacy Act of 1986, as amended, (′ECPA′). Subject to the subpoena, warrant, consent, and court order provisions of ECPA, we must provide visitor information and/or Internet communications to the proper authorities.

Aggregate Information
Usacheer.net tracks the total number of visitors to each of our pages in an aggregate form to allow us to update and improve our sites. Personally identifiable information is not extracted in this process. Usacheer.net may use or disclose aggregated (not personally identifiable) information for any purpose.

On a limited basis, we use ′cookie′ technology. Cookies are pieces of information that an Internet site transfers to your hard drive for record-keeping purposes. Our servers then use these cookies to make your sessions easier by saving your preferences while you are on Usacheer.net pages. The use of cookies is an industry standard -- you′ll find them almost everywhere on the Internet. Our cookie usage is single session-only information, and is not stored across multiple sessions. There are two cookies used throughout our site. The first cookie allows us to know who the Visitor is and that he or she properly authenticated into our network. This cookie information can be used to retrieve personal information needed during the Visitor session, for example, to build your customized pages. Personal user information is stored only temporarily in this cookie. Once this information is retrieved for this purpose, the visitor identity is not stored or used for any other purpose. The second cookie is an ′advertising′ cookie which we use to keep track of the ads you have seen. Usacheer.net tracks which ads have been viewed, and we tie it to demographic data, but not to personally identifiable information. Remember, this describes cookie usage ONLY on Usacheer.net (and its affiliate) sites. We have no control over the use of cookies by other Internet sites and their owners.

E-Commerce
If you make a purchase from a store hosted by Usacheer.net (please note that this does NOT include linked e-commerce sites where the ′Return to Usacheer.net′ phrase appears in the frame), you need to review the merchant’s privacy policy prior to providing them with your information. The information obtained during your visit to those stores, and the information you give such as your credit card number and contact information, is provided to the merchants. This is to enable transactions to take place and for the items to be shipped to you. However, these merchants, by contract, cannot use this information for any other purpose without your permission. For example, the merchant may ask if you would like to receive marketing information directly from them. If you choose to receive this information (by checking an ′opt-in′ box at the point of purchase), you will receive marketing information directly from the merchant in the future until such time as you ask them directly to be taken off of their distribution list. While we encourage all of our merchant partners to adhere to a privacy policy, it is a good idea to read the merchant’s privacy policy yourself before agreeing to give them permission to use your personal information for marketing purposes. For example, their privacy policy may not prevent them from selling or sharing your personal information with other third parties. If you do not grant our merchant partners permission to contact you with marketing information (which will be signified by checking an ′opt-out′ box at the point of purchase or by leaving an ′opt-in′ box blank), the merchant is prohibited from contacting you directly, except to communicate customer service information regarding a specific purchase and cannot share or sell any of your information to third parties.

A Special Note Concerning Privacy and Children Online
Although the Internet offers a wealth of information and exciting opportunities to explore, some of its content may not be suitable for children. Understandably, as the popularity of the Internet has grown, so have concerns among parents. Usacheer.net believes that parents should supervise their children′s online activities and suggests that they consider using parental control tools such as Cyber Patrol, and software manufacturers that help provide a child-friendly online environment.
Please instruct your children not to give us their name, address or e-mail address, or provide any personal information to anyone without your permission. It may also be wise to carefully note all the people with whom your child frequently corresponds over the Internet or on any online service.
Chat, Newsgroups, Bulletin Boards and Kids
Chat, newsgroups, and bulletin boards offer children and parents alike the unique opportunity to make friends and talk to people all over the world. Please remember, though, that these interactive features are just like other public places where strangers meet. If you allow your children to access interactive features, please remind them of the dangers involved when corresponding or communicating with strangers or new acquaintances on the Internet (especially in Chat and Newsgroups, as well as when using e-mail).

We strongly recommend that you supervise your children′s activities on these areas as you would in any public area. You should help your children understand that people they do not know will be reading their notes. They should be careful when choosing what to post (particularly information about themselves), as well as when choosing the people with whom they correspond. Also, only you, as a parent, can establish which topics and individual notes are appropriate for your family, just as you would for television programs or movies.

Children and teenagers get a lot of benefit from being online, but they can also be targets of crime and exploitation in this as in any other environment. Trusting, curious, and anxious to explore this new world and the relationships it brings, children and teenagers need parental supervision and common sense advice to ensure that their experiences in ′cyberspace′ are happy, healthy, and productive.

How Parents Can Reduce the Risks
Take advantage of Cyber Patrol. Also, to further restrict your child′s access to discussions, forums, or bulletin boards that contain inappropriate material, some Internet sites and private bulletin boards have systems in place for parents to block out parts of the sites that they feel are inappropriate for their children. If you are concerned, you should contact the site find out how you can add these restrictions to any accounts that your children can access.
The Internet and some private bulletin boards contain areas designed specifically for adults who wish to post, view, or read sexually explicit material. Most private bulletin board operators who post such material limit access only to people who attest that they are adults but, like any other safeguards, be aware that there are always going to be cases where adults fail to enforce them or children find ways around them.

The best way to ensure that your children are having positive online experiences is to stay in touch with what they are doing. One way to do this is to spend time with your children while they′re online. Have them show you what they do and ask them to teach you how to access the sites. While children and teenagers need a certain amount of privacy, they also need parental involvement and supervision in their daily lives. The same general parenting skills that apply to the ′real world′ also apply while online.

If you have cause for concern about your children′s online activities, talk to them. Also seek out the advice and counsel of other computer users in your area and become familiar with literature on Cyber Patrol and other filtering devices. Open communication with your children, utilization of such computer resources, and getting online yourself will help you obtain the full benefits of these devices and alert you to any potential problem that may occur with their use.

Guidelines for Parents
By taking responsibility for their children′s online computer use, parents can greatly minimize the potential risks.

Make it a family rule to:
1.   Never give out identifying information - home address, school name, or telephone number - in a public message such as chat or bulletin boards, and be sure you are dealing with someone that both you and your child know and trust before giving it out via e-mail. Think carefully before revealing any personal information such as age, marital status, or financial information. Consider using a pseudonym or unlisting your child′s name from Internet sites in which they participate.
2.   Consider keeping the computer in a family room rather than the child′s bedroom. Be sure to make this a family activity. Get to know their ′online friends′ just as you get to know all of their other friends.
3.   Get to know the nternet sites your child uses. If you don′t know how to get to them, get your child to show you. Find out what types of information it offers and whether there are ways for parents to block out objectionable material.
4.   Never allow a child to arrange a face-to-face meeting with another computer user without parental permission. If a meeting is arranged, make the first one in a public spot, and be sure to accompany your child.
5.   Never respond to messages or bulletin board items that are suggestive, obscene, belligerent, threatening, or make you feel uncomfortable. Encourage your children to tell you if they encounter such messages. If you or your child receives a message that is harassing, or of a sexual nature, or threatening, alert the appropriate law enforcement agency.
6.   Should you become aware of the transmission, use, or viewing of child pornography while online, immediately report this Federal Bureau of Investigation and to the National Center for Missing and Exploited Children by calling 1-800-843-5678.
7.   Remember that people online may not be who they seem. Because you can′t see or even hear the person, it is easy for someone to misrepresent him - or herself. Thus, someone indicating that ′she′ is a ′12-year-old girl′ could really be a 40-year-old man.
8.   Remember that everything you read online may not be true. Any offer that′s ′too good to be true′ probably is. Be very careful about any offers that involve your coming to a meeting or having someone visit your house.
9.   Set reasonable rules and guidelines for computer use by your children. Discuss these rules and post them near the computer as a reminder. Remember to monitor their compliance with these rules, especially when it comes to the amount of time your children spend on the computer. A child or teenager′s excessive use of the interactive features of the Internet, especially late at night, may be a clue that there is a potential problem.

Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search may automatically and unintentionally generate links or references to objectionable material. Usacheer.net has no control over, and can make no claim that such surprises will not occur. Computerized search technology does not give you search results limited to only the hits that you were seeking. There may be extraneous hits as well.

Usacheer.net recommends that to avoid any such surprises, you take advantage of the access controls that Usacheer.net offers, as we discuss above, and be diligent in your supervision of any children you allow to use Usacheer.net Internet.

Contact Information
For answers to specific concerns regarding privacy that are not addressed here, see our About Us and Reporting Violations sites. These sites provide information on whom and how to contact us at Usacheer.net.

Terms and Conditions

Thu, 13 Aug 2009 00:00:00 -0500

This is a legal agreement ("Agreement") between you, the user, together with any organization, company or other business entity you are representing, if any (collectively, the "Member") and Usacheer.net ("Usacheer.net"). BY CHECKING THE BOX ON THE SIGN UP PAGE, OR BY REGISTERING WITH THE SITE, MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If Member does not agree to the terms of this Agreement, do not check the box and do not use or access the Service.

The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Usacheer.net to update or revise certain provisions of the Agreement. By joining Usacheer.net and accepting this Agreement, Member agrees that Usacheer.net may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Usacheer.net, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Usacheer.net account ("Member's Account"). Notwithstanding the foregoing, Usacheer.net reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

General Use of the Service
Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use in creating a Web site ("Member Web Site") in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Usacheer.net, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.

Member Registration/Privacy Policy
In order for Member to participate in the Service, Usacheer.net will require Member to provide specific information about Member and/or Member's organization or business (if applicable). If Member chooses to participate and build a Member Web Site, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Usacheer.net for such actions.

Any information supplied by Member upon registering for the Service and any other information about Member and/or Member's business (if applicable) (collectively, "Member Data") is subject to Usacheer.net's Privacy Policy. For more information, Member may review the Usacheer.net Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link.

Member Account Limitations
Member hereby acknowledges that Usacheer.net may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) maximum limits on storage space, (b) the maximum number of Web sites per Member Account, and (c) maximum limits on the number of pages within each Member Web Site. Any of the foregoing limits will be consistent with the Service for which Member registered. Member agrees that Usacheer.net has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that Usacheer.net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Content Submitted to Usacheer.net
The Usacheer.net Web Site includes a number of venues such as Member Web sites and Web pages, Discussion Boards and/or other message or communication facilities designed to enable Members to disseminate and exchange thoughts and opinions to and with other users or the public. Although Usacheer.net firmly believes in the value of free and open dissemination and exchanges, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise censor Member's thoughts and opinions. Therefore, Usacheer.net cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member's squadmembers or employees on the Usacheer.net Web Site, the Member Web Site, or any other user Web sites.

Member Conduct
Member's right to use the Service is personal to Member and Member's organization, company and its employees (if applicable). Member, and not Usacheer.net, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not Usacheer.net, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.

Usacheer.net does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Usacheer.net reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Usacheer.net also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Usacheer.net's sole discretion.

With respect to the content on the Member Web Site, Member agrees not to:
a) post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others, including, but not limited to, consumers;

b) post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

c) post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);

d) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

e) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Usacheer.net, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;

f) post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Usacheer.net's infrastructure that exceed the limits provided by the Service for which Member registered;

g) post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

j) forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;

k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

l) sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Web Site could cause Usacheer.net to violate any law, statute or regulation.

m) post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor). Usacheer.net may terminate Member's Account if Usacheer.net determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement.

Discussion Boards
As part of the Service, Usacheer.net provides its Members with a venue and an opportunity to participate in discussion boards ("Discussion Boards"). Member shall abide by all terms and conditions of Usacheer.net's Discussion Board Policy, which is hereby incorporated by reference, in utilizing the Discussion Boards.

Third Party Content
For Member's convenience, the Service, which includes the Usacheer.net Web Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Usacheer.net and Usacheer.net is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Usacheer.net is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Usacheer.net is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by Usacheer.net of such content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Usacheer.net does reserve the right to remove content that, in Usacheer.net's judgment, does not meet its standards, but Usacheer.net is not responsible for any failure or delay in removing such material.

Usacheer.net is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases Usacheer.net (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT:

(A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. Usacheer.net AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE Usacheer.net WEB SITE AND THE MEMBER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

(B) Usacheer.net AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE Usacheer.net WEB SITE OR MEMBER WEB SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY
IN NO EVENT SHALL Usacheer.net AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Usacheer.net OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL Usacheer.net'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO Usacheer.net UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Usacheer.net nor its suppliers is responsible for any of Member's data residing on the Service or Usacheer.net's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or Usacheer.net's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).

Proprietary Rights to Member Content
Usacheer.net does not claim ownership of the Member Content that Member provides to Usacheer.net and/or places on the Member Web Site. However, Member grants Usacheer.net a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in Usacheer.net's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to Usacheer.net's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Web Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant Usacheer.net the license set forth above and, Member will defend and indemnify Usacheer.net and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

Usacheer.net Proprietary Rights/Software Licenses
Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

Usacheer.net provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission from Usacheer.net. The Software is owned by Usacheer.net and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Usacheer.net and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

Indemnification
Member agrees to indemnify and hold Usacheer.net and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Data and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Web Site and/or to Usacheer.net and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with Usacheer.net or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Usacheer.net and/or its suppliers, affiliates, partners, subsidiaries and employees.

Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the Usacheer.net Web Site) are owned and copyrighted or licensed by Usacheer.net, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Usacheer.net Web Site and/or the Software, is permitted without the written permission of Usacheer.net. Any rights not expressly granted herein are reserved. Usacheer.net, the Usacheer.net logo, are trademarks of Usacheer.net (the "Usacheer.net Marks"). Member agrees not to display or use the Usacheer.net Marks in any manner whatsoever without Usacheer.net's prior permission.

Notification of Claims of Copyright Infringement
Any notifications of claimed copyright infringement should be sent to Usacheer.net's Registered Agent, bseely@usacheer.net.

Modification of the Service
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About USA Cheer

Wed, 12 Aug 2009 00:00:00 -0500

The USA Federation for Sport Cheering is a not-for profit 501(c)(6) and is the national governing body for sport cheering. USA Cheer exists to serve the cheer community, including club cheering (All Star) and traditional school based cheer programs. USA Cheer has three primary objectives: help grow and develop interest and participation in Cheer throughout the United States; promote safety and safety education for cheer in the United States; and, represent the United States of America in international cheer competitions.

Board of Directors

Wed, 12 Aug 2009 00:00:00 -0500

USA Cheers Inaugural board meeting at the NCA Headquarters in Dallas, Texas. From front to back Emily Burster, Carolyn Shoemaker, Jeff Webb, Bill Seely, Dawn Calitri, T. Lynn Williamson, Karen Halterman, Mike Burgess, Aaron Flaker, Rhonda Blanford Green, Jim Chadwick, David McDowell and Jim Lord.

General Powers. The affairs of USA Cheer are governed and conducted by a Board of Directors. The Board of Directors have primary responsibility for the programs of USA Cheer by determining policy and exercising jurisdiction related thereto, and approving actions of any committees it appoints to directly administer or implement these programs.

The Board Make-up. The Board consists of fifteen individuals. Members of the Board may consist of both males and females, and shall be selected without discrimination on the basis of race, color, religion, age, sex, or national origin.

Election. The following organizations are entitled to elect the number of members of the Board of Directors set forth below:

Active Athletes Assembly - 3 Directors
US All Star Federation (USASF) - 3 Directors
National Federation of State High School Associations (NHSF) - 1 Director
American Association of Cheer Coaches and Administrators (AACCA) - 3 Directors
National Alliance for School Cheerleading (NASC) - 4 Directors
NCAA or Significant Collegiate Athletic Organization - 1 Director

Current Board of Directors and Officers
Officers:

Jeff Webb: President of USA Cheer (NASC Representative)

Founder and CEO of Varsity Brands Inc.
ESPN Commentator for National Cheerleading Championships
Former University of Oklahoma Yell Leader

Karen Halterman: Vice President of USA Cheer (USASF Representative)

Senior Vice President of National Cheerleaders Association and National Dance Association
Founding Board Member for USASF
Graduate of the University of Central Arkansas
Over 30 years of cheerleading experience

Jim Thorp: Vice President of USA Cheer (NASC Representative)

Founder and President Cheerleading Technique Camps and American Championships
Kansas State Cheerleader 1984-1988
University Of Florida Cheer Coach 1989-1994

Rhonda Blanford Green: Secretary/Treasurer of USA Cheer (NHSF Representative)

Assistant Commissioner of the Colorado High School Activities Association
Graduate of University of Wyoming; 12 time All American in indoor and outdoor track, NCAA Champion in 100 HH, Undefeated in Big 8 for entire college career, broke the World Record in the Shuttle Hurdle Relay

David McDowell: Executive Committee Representative for Active Athletes

Head Coach for University of Alabama Cheerleaders
Head Coach for University of Florida Cheerleaders 2005-2006
Former 4 Year College Cheerleader

Other Board Members:

Active Athletes:

Krisler Bailey

Former Cheerleader for Hofstra University

Emily Burster

Former cheerleader for Drexel University
6 years as a professional cheer instructor

USASF:

Jim Chadwick

President of USASF and IASF
Former Cheerleader for University of Utah

Aaron Flaker

Founder and Co-Owner of The JAM Brands and JAMfest Events
Graduate and Undergraduate from University of Louisville, 1995 NCA Mascot National Champion
Director for the USASF Board

AACCA:

Jim Lord

Executive Director of AACCA
Former Director of Curriculum for UCA
National and International Speaker on Cheerleading Safety

T. Lynn Williamson

Senior Associate General Counsel University of Kentucky
30 Year Spirit Advisor for University of Kentucky

Carolyn Shoemaker

President Florida Cheer Coaches Association
Cheerleading Coach and Advisor for Sebring High School
AACCA Safety Certifier and Board Member

NASC:

Dawn Calitri

President of National Cheerleaders Association and National Dance Association
Graduate of University of North Texas
Over 20 years of involvement in Cheerleading

Mike Burgess

President United Spirit Association (USA)
Vice President of USASF