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    PlayMetrics, LLC Terms of Use

    THESE TERMS OF USE ARE A CONTRACT BETWEEN YOU AND US


    THE WEBSITE PLAYMETRICS.COM (THE "SITE"), THE PLAYMETRICS MOBILE APPLICATION (THE “APP”), AND OUR RELATED PLATFORMS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR APP, OR THAT LINK TO THESE TERMS OF USE (TOGETHER WITH THE SITE AND APP, THE "SERVICES") ARE OWNED AND OPERATED BY PLAYMETRICS, LLC (TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “PLAYMETRICS”, "OUR", "WE," OR "US").

     

    BY ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, OTHER EXECUTED AGREEMENTS BETWEEN YOU ANS US, AND OUR SPECIFIC TERMS AND CONDITIONS APPLICABLE TO CERTAIN SERVICES YOU MAY ELECT TO USE (ALL OF WHICH ARE INCORPORATED HEREIN AND COLLECTIVELY REFERRED TO AS THE "AGREEMENT", "TERMS OF USE", OR "TERMS" WHICH SET FORTH THE ENTIRE AGREEMENT PERTAINING TO YOUR USE OF THE SITE AND SERVICES, AND SUPERSEDE ALL PRIOR VERSIONS OF THE TERMS OF USE). IF THERE IS A CONFLICT BETWEEN THESE TERMS OF USE AND THE TERMS OF AN EXECUTED AGREEMENT BETWEEN YOU AND US, THESE TERMS CONTROL.

    THESE TERMS OF USE ARE A LEGALLY BINDING AGREEMENT. BY CONTINUING TO ACCESS AND USE THE SERVICES, YOU AGREE THAT SUCH USE IS LEGALLY SUFFICIENT CONSIDERATION UNDER THIS AGREEMENT.  FURTHER, BY AGREEING TO THESE TERMS, AND SUBJECT TO CERTAIN EXCEPTIONS DESCRIBED IN SECTION 13, DISPUTES BETWEEN YOU AND US WILL BE RESOLVED SOLELY THROUGH ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. 

    IF YOU USE THE SERVICES ACTING AS THE PARENT OR LEGAL GUARDIAN FOR A MINOR (A "LEGAL GUARDIAN"), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO REPRESENT YOUR CHILD AND CONSENT TO THE SUBMISSION AND UTILIZATION OF DATA AND INFORMATION YOU OR YOUR ORGANIZATION SUBMIT VIA THE SERVICES. 


    UNDER NO CIRCUMSTANCES ARE THE SITE OR SERVICES INTENDED FOR CHILDREN UNDER THE AGE OF 13, AND SITE USERS UNDER THE AGE OF 13 ARE NOT AUTHORIZED.

     

    IF YOU USE OF THE SITE AND THE SERVICES ACTING IN YOUR POSITION AS AN ADMINISTRATOR, EMPLOYEE, OFFICER, COACH, STAFF, MANAGER, DIRECTOR, AGENT OR REPRESENTATIVE, OR OTHER AUTHORIZED REPRESENTATIVE (AN "AUTHORIZED REPRESENTATIVE") OF AN ORGANIZATION WHICH HAS ENTERED INTO A CONTRACT WITH US TO LICENSE THE SERVICES, YOU REPRESENT THAT YOU HAVE PERMISSION TO ACCESS AND UTILIZE THE SITE AND SERVICES, AND TO THE EXTENT APPLICABLE, THE LEGAL AUTHORITY TO BIND YOURSELF AND SUCH ORGANIZATION AND YOU GUARANTEE COMPLIANCE BY YOU AND SUCH ORGANIZATION WITH THESE TERMS OF USE.  AS USED HEREIN “ORGANIZATION” MEANS A NATIONAL, STATE OR LOCAL SPORTS GOVERNING BODY, LEAGUE, CLUB, TEAM, COMPANY, UNIVERSITY, SCHOOL, CONFERENCE OR OTHER INSTITUTION, ORGANIZATION OR ENTITY INCLUDING BUT NOT LIMITED TO THOSE WHO HOST AND/OR CONDUCT COACHING, TRAINING, TRYOUTS, LEAGUES, TOURNAMENTS OR OTHER EVENTS. REFERENCES TO "YOU" AND "YOUR" IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL USING THE SERVICES AND TO ANY SUCH ORGANIZATION.

    WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE THE SERVICES. 

    CHANGES TO TERMS OF USE

    WE MAY MAKE CHANGES TO THE TERMS OF USE AND/OR OUR OTHER POLICIES AND/OR PROCEDURES FROM TIME TO TIME, IN OUR SOLE AND ABSOLUTE DISCRETION. IN THE EVENT WE MAKE CHANGES TO THE TERMS OF USE WE WILL POST THE UPDATED TERMS OF USE ON THE SITE AND/OR THE SERVICES, AND WE WILL REVISE THE "UPDATED" DATE ABOVE. ANY CHANGES TO OUR POLICIES AND/OR PROCEDURES SHALL BE INCORPORATED HEREIN. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE FREQUENTLY AND TO REMAIN INFORMED OF ANY CHANGES TO THEM. IF YOU DO NOT AGREE WITH THE CHANGES AND/OR MODIFICATIONS, YOU SHALL NOT USE THE SERVICES AFTER THE EFFECTIVE DATE OF THE CHANGES.  THE THEN-CURRENT VERSION OF THE TERMS WILL SUPERSEDE ALL EARLIER VERSIONS. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH CHANGES HAVE BEEN PUBLISHED WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH REVISED TERMS OF USE, POLICIES AND/OR PROCEDURES. 

    IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE OR SERVICES.

    1. ACCOUNT REGISTRATION & AGE RESTRICTIONS.

    2. Age Restriction.  The Services are intended for use by persons 18 years of age or older (or legal age of majority to form a binding contract, if higher, in your place of residence). Under no circumstances are the Site or Services intended for children under the age of 13. Any account for children under the age of 13 years of age will be disabled upon our receipt of actual knowledge of such registration. Pursuant to 47 U.S.C. Section 230(d) as amended, we herby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limitting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such websites.

    3. Authorized Representative Age Restriction.  Under no circumstances are the Site or Services intended for Authorized Representatives under the legal age of majority to form a binding contract in their state of residence, and no Authorized Representatives under 18 or the legal age of majority to form a binding contract in their state of residence (if higher, in their place of residence) are authorized to utilize the Services. Any Authorized Representative account for an individual under 18 or the legal age of majority to form a binding contract in their state of residence, will be disabled upon our receipt of actual knowledge of such registration.

    4. In order to use the Services as an Authorized Representative, Player Contact (as defined below), or other Site account, you must register as a user and create an account on the Site ("Account"). As part of the registration process, you will provide an email address and, password, and other information and materials for your Account, and Legal Guardians may additionally provide their physical address, phone number, photographs, and billing information (collectively, the "Registration Information"). We may accept or reject your user registration in our sole discretion. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Services.

    5. Authorized Representatives may create a player contact Account for parents or legal guardians of active players of their Organization (each a "Player Contact"). Authorized Representatives may not create a Player Contact Account in the Services for an individual under the age of 18 years of age or older (or legal age of majority to form a binding contract, if higher, in their place of residence).

    6. Authorized Representatives, or Player Contacts may create a player profile for active players of an Organization (each a "Player Profile").

    7. You alone are responsible for maintaining the security of your Registration Information, and for all activity that occurs on your Account, and you must keep your Account password secure. You may never use another user’s Account without permission. We encourage you to use “strong” and “unique” passwords (passwords that use a minimum of sixteen characters, a combination of upper- and lower-case letters, numbers and symbols, and which are not shared with any other service or account) with your account. You must notify Us immediately of any breach of security or unauthorized use of your account.  We will not be liable for any losses caused by any unauthorized use of your account.

    8. You represent and warrant that all Registration Information will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. We may use all Registration Information in accordance with our Privacy Notice.

    9. You are responsible for maintaining access to the email address associated with your account. We are unable to restore access to your account if you lose access to the email address associated with the account.

    10. You are responsible for keeping your account active. If a user does not log in to an account for six (6) months or more from the date of the last log in, the account may be considered inactive. Inactive accounts may be permanently removed without notice.

    11. You agree to receive all communications, agreements, and notices that we provide in connection with any Services ("Communications"), including, but not limited to, Communications related to our delivery of the Services via electronic means, including by e-mail, text, in-product notifications, or by posting them on the Site or through any Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your account contact information current.

    12. We may, without prior notice, change the Services, or stop providing the Services or features of the Services, to you or to users generally, or create usage limits for the Services. We may terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no specific reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.

    13. We may terminate or suspend your access to the Services or your Account at any time, for any reason. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify, defend, and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.

    2. LICENSE, GRANT, USAGE RULES, & COPYRIGHT POLICY.

    1. Site and Services Content.  The content and materials contained within the Site and Services (“Services Content”) are either owned by or licensed to Us. In addition, the entire contents of the Site and Services are copyrighted as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to Us. You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit, any of the Services, in whole or in part except as provided in these Terms of Use. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Us and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any materials displayed on the Site or Services is a violation of the copyright and other proprietary rights of Us and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of the available remedies of Us, you agree that you will promptly remove any infringing or otherwise objectionable materials from any platform or service if We or our agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated.

    2. Site and Services License.  Subject to these Terms of Use and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, freely revocable, non-assignable, and non-transferable license to use the Site and Services and access and interact with Services Content for your personal, noncommercial use only, and as permitted by the features of the Services and in accordance with applicable law. We reserve all rights not expressly granted herein in the Site and Services and Services Content. We may terminate your license at any time for any reason or no reason or withdraw from providing the Site or Services entirely or any component of the Services at any time.
       
    3. Electronic Communications.  It is important to understand that you should have no expectation of privacy with respect to any electronic communications transmitted through the Services, including text messages, chat messages, emails, or blogs, and that We, Authorized Representatives, and our service providers may monitor, inspect, record, and store the contents of these communications.  Your use of the Services constitutes your consent to the same.

    4. Services Rules.  You agree that you will not use the Site or Services in any manner that is inconsistent with these Terms of Use, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that: 

    5. You will use the Site and Services in compliance with all applicable laws and policies;

    6. You will not use the Site or Services to infringe the privacy rights of any person or entity;

    7. You will not use the Site or Services to infringe the Intellectual Property Rights (as defined below) of any person or entity;

    8. You will not use the Site or Services in any way that is abusive, fraudulent, or unlawful;

    9. You will not submit any data via the Services to which you are not authorized to use or disclose, or which violates any applicable law;

    10. You will not collect or harvest any personally identifiable information, including account names, from the Services;

    11. You will not copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

    12. You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,”, etc. to collect information from, access, or otherwise interact with the Services;

    13. You will not use the Site or Services to transmit spam, chain letters, or other unsolicited email, notifications, or text messages;

    14. You will note use the Site or Services for any commercial solicitation purposes;

    15. You will not utilize the Services to engage in improper, illicit, or illegal communications;

    16. You will not upload, transmit or otherwise make available any content that we deem to be harmful, offensive, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, otherwise objectionable, or unrelated to sports;

    17. You will not post content that would be harmful to minors in any manner;

    18. You will not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

    19. You will not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or Services;

    20. You will not upload, transmit, or otherwise make available any material that contains 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;

    21. You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third-party sites or services, or similar or competing products or services;

    22. You will not use or attempt to use another user's account without authorization;

    23. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services; and
       
    24. You will not remove any proprietary notices or labels from the Site, or Services or modify, translate, or create derivative works based on the Site or Services.

    25. Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;. or

    26. Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services.

    27. Linking. You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Services Content from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Services Content, but not caches or archives of such Services Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.

    28. Copyright.  PlayMetrics respects copyright law and expects its users to do the same. If you believe that any content or material on the Site may infringe copyrights you own, please notify us in accordance with our Copyright Policy.

    3. USER CONTENT & USER REPRESENTATIONS.

    1. User Content.

    2. You are solely responsible for all materials and content that are submitted by you or through your account for posting, publication, display, or other use on the Site or App or in connection with any Service, including without limitation, Registration Information, names, likenesses, images, videos, music, Intellectual Property Rights (as defined below), logos, biographical information, files, code, data, metadata, text, software, links, and any other information or materials a user provides, submits, posts, displays, or otherwise makes available on the Services is referred to as "User Content".

    3. With regard to your User Content, you, affirm, represents and warrant that:  (a) You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties; (b) You have obtained such User Data lawfully and Your User Content and the use thereof by Us and other users as contemplated herein and the Services will not violate or infringe any rights of any third party, including but not limited to any Intellectual Property Rights (as defined below) and privacy rights; (c) You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Content that you share with us via the Services and under these Terms of Use (d) You shall not provide any User Content or content that contains bank account information, credit or debit card information, personal information collected from children under 13, social security numbers, or health or medical information, except in designated areas of the Services which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by Us without the explicit consent of Us, and We reserve the right to delete or anonymize such data if discovered stored in an unauthorized location within the Services or to tag such data with hashed or masked identifier; (e) We may exercise the rights to your User Content granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise; and (f) all your User Content and other information that you provide to us is truthful and accurate.

    4. We are not responsible for any User Content that may be lost or unrecoverable through your use of the Site or Services, and you are encouraged to archive your User Content regularly and frequently.

    5. You must submit User Content to the Site and Services in compliance with our submission specifications. Our submission specifications are available in your dashboard or otherwise on the Services.

    6. As between you and us, and subject to our rights in these Terms of Use, you shall retain all rights in the User Content and nothing in these Terms of Use shall constitute a transfer to us of ownership of any User Content, provided however that we may retain certain anonymized or aggregated content derived from User Content which we have collected pursuant to our Privacy Notice.

    7. You hereby acknowledge and agree that we may, at our sole discretion, disclose User Content in order to: (a) deliver the Services as described herein, and in our Privacy Notice; (b) comply with law enforcement, court orders, or the legal process; (c) protect the rights and safety of individuals; or (d) settle contractual disputes, privacy claims, or disputes over intellectual property ownership. You understand and agree that we have the right, but no obligation, to do one or all of the following, at our sole discretion: (i) alter, remove, reject, refuse to post, monitor, or otherwise use your User Content without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and (ii) evaluate User Content before allowing it to be posted on the Services. If you see User Content on our Services that you believe violates these Terms, please Contact Us.

    8. We may host interactive features or services, such as FAQ articles, through which users can post or upload User Content or otherwise interact with the Services or something on them. We take no responsibility, do not endorse, and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You acknowledge that We act solely as a distributor (and not a publisher) of User Content supplied by third parties and other users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Services, are those of the respective author(s) or publisher(s) and not of Us. Neither We nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that We shall not be liable for any damages you allege to incur as a result of or relating to any User Content.  Furthermore, under no circumstances will We be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Services.

    9. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor the Services or any difference of opinion, disagreement or dispute between you and other users. You shall be solely responsible for, and We shall have no liability for, your interactions with other users, or for any user’s action or inaction. You acknowledge and agree that interactions with other users may be public spaces and that your participation in such interactions creates no expectation of privacy. Further, you acknowledge that any User Content you communicate may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in these interactions or other aspects of the Services and may employ anonymous usernames when doing so. Any user failing to comply with these Terms may be expelled from and refused continued access to such interactions in the future. However, we are not responsible for User Content that you or others choose to communicate in these interactions, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

    10. You agree not to provide User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially, ethnically or socially offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (f) contains any information or content that is infringing, illegal (including, without limitation, the disclosure of another party’s trade secrets) or plagiarizes the work of another; (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) contains any information or content that you know is not correct and current; (i) violates any Governing Authority’s (as defined below) or other entity’s applicable policy, including those policies related to cheating or ethics or recruiting; or (j) contains material that is irrelevant to the use of or subject matter of the Service. You agree and confirm that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, synchronization and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose personal information of anyone who submits materials that violates these Terms of Use, in accordance with our Privacy Notice.

    11. We also reserve the right, but are not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that We believe, in our sole discretion, violates any of these provisions, any User Content that We believe was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

    12. For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade name, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

    13. The Services may also allow you to make recommendations or send Services Content or User Content to others, for example through an “email this” feature that will send content to the email address you provide. Only provide contact information for individuals who have told you they want to receive the Services Content or User Content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive the Services Content or User Content.

    14. License to User Content.

    15. By submitting User Content to Us directly or indirectly (including through any use of third-party social media platforms directed at us), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Us a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, perpetual, license throughout the universe, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and the business of Us (and our successors and affiliates), including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.


    16. Representations and Warranties.  By submitting User Content to the Site or in connection with any Service, or by accessing or using the Services, you acknowledge, represent, and warrant that:

    17. You own or control all necessary rights in and to the User Content, and you have the full right and authority to grant the rights, licenses, and permissions in these Terms of Use;

    18. The exercise of the rights granted by you herein shall not violate any laws or otherwise infringe upon the rights of any person or entity, including Intellectual Property Rights, privacy, publicity, other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful materials;

    19. The exercise of the rights granted by you herein shall be without any obligation to make any payment of any nature to you or any other person or entity;

    20. You will ensure that: (a) all required notices have been given, and all such authorizations have been obtained, as required under applicable data protection laws, for PlayMetrics to process User Content (including personal information) as contemplated by these Terms of Use, and our Privacy Notice; (b) you have complied, and will continue to comply, with all applicable laws relating to privacy and data protection related to User Content you submit to PlayMetrics; and (c) you have, and will continue to have, the right to transfer, or provide access to, User Content (including personal information) to PlayMetrics for processing in accordance with the Terms of Use, and the terms any agreement with you.

    21. You agree to be fully informed of and abide by all rules and regulations set forth by the supervisory organization, conference or governing body, and any other organizations that govern or regulate athletics participation and competition (“Governing Authority”) that may be applicable to your activities. You are solely responsible for your compliance with the applicable Governing Authority rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Services. You agree to indemnify, defend, and hold Us harmless of any liability that may arise from your violation of applicable rules and regulations.

    4. TERMINATION.

    1. You may terminate your use of the Services at any time.

    2. We may cancel your user registration and terminate your use of the Site or Services at any time with or without cause, in our sole discretion, and with or without notice, including for your breach of your representations, warranties, and covenants in these Terms of Use; provided, however, that we have no obligation to monitor your use of the Site or Services.

    3. We may delete any of your User Content, information, or other data from the Site or Services at any time, and we have no obligation to maintain copies of any deleted information.

    4. Any provisions of these Terms of Use that by their nature should continue after termination of your use of the Site or any Services will continue to apply even after the expiration or termination of these Terms of Use or your use of the Site or any Services.

    5. PAID TRANSACTIONS AND FEES.

    1. Billing Policies. Your Organization may implement and require a fee or other charge for certain registrations, products, or services which they make available via the Services. If you elect to make a purchase via the Services, you agree to the pricing and payment terms posted in connection with the applicable registrations, products, or services offered by your Organization, as such terms may be updated from time to time. Your Organization may add new registrations, products, or services for additional fees and charges, add or amend fees and charges for existing services, and PlayMetrics may implement those on behalf of your Organization at any time. Any change to pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided via the Services. If you object to such a change in the fees, you may terminate the service affected by the change in pricing prior to the date the new charge takes effect.  If you make a registration, product, or service payment to an Organization via the Services, you agree that such transaction is between you and your Organization and is subject to its refund and/or cancellation policy, notwithstanding PlayMetrics’ rights to impose fees on such transactions, therefore, any refund requests, including without limitation unauthorized or incorrect charges, must be made directly to your Organization.

    2. Payments by Credit Card. If you elect to pay applicable fees with a credit card, We, on behalf of your Organization, will bill your credit card for all fees and you hereby authorize Us to charge your credit card or to charge any form of payment you have obtained to replace your credit card. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Us. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Services.

    3. Cancellation; No Refunds. It is your sole responsibility to terminate your Account. You may cancel your Account at any time; however, there are no refunds for cancellation, unless otherwise offered by your Organization. In the event that We suspend or terminate your account or these Terms of Use, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

    4. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. If such information is false or fraudulent, We reserve the right to terminate your use of the Services and in addition to seeking any other legal remedies. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You must promptly notify Us if your payment method is canceled (e.g., for loss, theft, or expiration) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

    5. Installment Plans. By purchasing any product, service, or registration offered by your Organization via the Services and electing the option to pay in installments (each an “Installment Plan”), you acknowledge that your Installment Plan has an initial and recurring payment feature, and with respect to an Installment Plan you accept responsibility for and authorize all recurring Installment Plan charges as set forth in the applicable installment payment schedule described at the time of purchase. If you elect to pay for a service, product, or registration via an Installment Plan, you acknowledge and agree that you will maintain a valid payment method on file at all times (either Credit Card, Debit Card, or ACH) and you authorize PlayMetrics to charge the applicable fees for the agreed upon purchase amount and authorize us to save your payment information to file for any related recurring transactions as described at the time of purchase.

      To request to cancel an Installment Plan, you must contact your Organization directly and your Organization must approve your request. Any requests to cancel an Installment Plan submitted to PlayMetrics’ customer support will be forwarded to your Organization for approval. All cancellation requests related to an Installment Plan are subject to your Organization’s refund and/or cancellation policies.

    6. MOBILE SOFTWARE LICENSE GRANT & USAGE RESTRICTIONS.

    1. We may make available software and/or the App to access the Services via a mobile device (the "Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. PlayMetrics does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. PlayMetrics hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one PlayMetrics account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that We may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and PlayMetrics or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void. PlayMetrics reserves all rights not expressly granted under these Terms of Use. 

    2. Mobile Software from Apple App Store. The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms of Use are solely between you and PlayMetrics, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to PlayMetrics as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to PlayMetrics as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, PlayMetrics, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and PlayMetrics acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

    3. Mobile Software from Google. The following applies to any Mobile Software you acquire from the Google Play App Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and PlayMetrics only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) PlayMetrics, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to Google-Sourced Software of PlayMetrics.

    7. INTERACTIVE CHAT AND CHATBOTS

    The Services may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. You should review our Privacy Notice to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may not be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third-parties, and you may be entering into a contractual agreement with those third-parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.


    Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that its apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives. The Services may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Notice. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content.

    8. TEXT MESSAGING FEATURE USAGE RESTRICTIONS & CONSENT.

    1. Consent to Send Text Messages. PlayMetrics may (but is not obligated) to provide functionality to help Authorized Representatives communicate with other users by text message notification. Only Authorized Representatives may send text message notifications to users of the Services within their own Organization. Authorized Users are not permitted to send text messages to any user with whom they do not have an Organizational relationship and from whom they have not received explicit consent to send such messages. All messages must be related to sports and the applicable Organization, and may not consist of marketing messages. Authorized Representatives and Organizations acknowledge and agree that Authorized Representatives and Organizations, not us, are responsible for compliance with all applicable laws, including but not limited to Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and all implementing rules, orders, and regulations of the Federal Communications Commission, 47 C.F.R. § 64.1200 et seq., and the Federal Trade Commission. We do not represent or warrant that we will monitor any use of text message notifications. Authorized Representatives and Organizations shall indemnify, defend, and hold us harmless for any violations of this section or applicable marketing laws. 

    2. Consent to Receive Messages. From time to time, Authorized Representatives may wish to send you one or more text messages. By signing up for the Services and providing your mobile number for purposes of receiving text notifications, you agree to receive text messages from your Organization via the Services.

      You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

    3. Consent to Receive Messages from PlayMetrics or its Vendors on Behalf of Your Organization.  By agreeing to receive text message notifications, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from the text message notification service, text STOP to the short code provided in the text messages that you no longer wish to receive, or disable text notifications via your Account. To view and retain a copy of this disclosure or any information regarding your enrollment to receive text messages, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access, and (ii) either a printer or storage space on such device. When you sign up to receive text messages in connection with our text message service, you are agreeing to our Terms of Use including these SMS text message terms. Consistent with applicable law, appropriately aged visitors may from time to time have the opportunity to register for special programs, services, and information offered by your Organization and delivered via text messaging and/or wireless devices to users who expressly agree to receive such messages. We will not charge you to create or deliver the text messages that are part of any of our text message service; however, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Accordingly, your provider’s standard message and data rates may apply. Your consent to receive texts from us, on behalf of your Organization, is not in any way required as a condition of purchasing goods or services from us. By signing up to receive texts, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent, legal guardian, or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms of Use. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts. To stop receiving text messages from the text message service, text STOP to the short code provided by us in the text message program texts that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text. Content may not be available on all carriers and carrier participation could change. You may consult with your carrier to see if it participates. The content is not compatible with all cell phone models. We will not be liable for the content of any SMS message sent by your Organization or any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. We or our vendor who sends the texts may use auto dialer or non-auto dialer technology to send the text messages described above to the mobile phone number you supply when you request to receive the texts. Our Privacy Notice applies to text message programs. We reserve the right to modify these SMS text message terms, or any part thereof, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your receipt of texts after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

    9. ELECTRONIC SIGNATURE PLATFORM, USAGE RESTRICTIONS, & CONSENT.

    1. PlayMetrics' Electronic Signature Platform provides electronic signature services including online display, delivery, acknowledgement, electronic signature, and storage services for eDocuments via the Internet, this service is referred to as the "eSignature Platform". Subject to these Terms of Use, you may use the eSignature Platform to deliver, electronically sign, and store, as applicable, eDocuments.  You must be 18 years of age, or the legal age of majority to form a binding contract in your state of residence, to use the eSignature Platform.  Your right to use the eSignature Platform is limited to your personal use, and you agree not to resell the use of the eSignature Platform.

    2. Your use of the eSignature Platform is subject to your acknowledgement and agreement that:  (i) nothing in these Terms of Use or under the eSignature Platform will be construed to make PlayMetrics a party to any contract, and PlayMetrics makes no representation or warranty regarding the transactions sought to be effected by any eDocument; (ii) PlayMetrics maintains no control of the contents of any eDocument and the content, quality, and format of any eDocument is completely within your exclusive control and is your responsibility; (iii) PlayMetrics assumes no liability or responsibility for a party's failure or inability to electronically sign any eDocument within a period of time or at all; (iv) by using the eSignature Platform, you are giving PlayMetrics an irrevocable, perpetual license to use the name and email addresses that you provide to us via the Services, subject to the Privacy Notice; (v) you are solely responsible for ensuring that your use of the eSignature Platform for any transaction complies with all applicable laws, including electronic signature law; (vi) PlayMetrics assumes no responsibility to determine whether any particular transaction involves a consumer, nor does PlayMetrics have any responsibility: (a) to furnish or obtain any such consents or to determine if any such consents have been withdrawn; (b) to provide any information or disclosures in connection with any attempt to obtain any such consents; (c) to provide legal review of, or to update or correct any information or disclosures previously given; (d) to provide any such copies or access except as expressly provided herein, consumer or otherwise; or (e)  otherwise to comply with any such special requirements; (vii) certain types of agreements and documents are excepted from electronic signature laws, such that they cannot be legally formed by electronic signatures; additionally, various agencies may have promulgated specific regulations that apply to electronic signatures and electronic records, and PlayMetrics assumes no responsibility to determine whether any particular eDocument is an exception to applicable electronic signature laws or whether it is subject to any particular agency promulgations and whether it can be legally formed by electronic signatures; and (viii) You are solely responsible for making available to third parties (including parties to your eDocuments) all contracts, documents, and other records required by applicable law, including, without limitation, electronic signature laws and other laws that may require records relating to a transaction to be retained or made accessible for a certain period of time.

    3. Local Laws. The use of the eSignature Platform may be governed by the laws of different states, countries or regions, and you agree to abide by such local laws. You agree that your use of any electronic signatures will be as valid as any manual signatures, if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.

    10. INDEMNIFICATION.

    You agree to defend, indemnify and hold harmless PlayMetrics and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the "    PlayMetrics Related Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (A) your use of and access to the Services, including any data or content transmitted or received by you; (B) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (C) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (D) your violation of any applicable law, rule or regulation; (E) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (F) your willful misconduct; or (G) any other party’s access and use of the Services with your unique username, password or other appropriate security code. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

    11. NO WARRANTY.

    THE SITE, THE SERVICES, AND THE CONTENT THEREON ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYMETRICS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PLAYMETRICS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

    You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Services. The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Services may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of PlayMetrics, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, PlayMetrics shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you.

    YOU AGREE THAT PLAYMETRICS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICES.

    PLAYMETRICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLAYMETRICS SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PLAYMETRICS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    12. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLAYMETRICS, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL PLAYMETRICS, OR THE PLAYMETRICS RELATED PARTIES, BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.


    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLAYMETRICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A.) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B.) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C.) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D.) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E.) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (F.) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (G.) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PLAYMETRICS, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS (INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT WITNESS FEES AND COSTS), IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PLAYMETRICS HEREUNDER OR $100.00, WHICHEVER IS GREATER.


    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PLAYMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE SERVICES OR THESE TERMS, MUST BE FILED WITHIN ONE (1) CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

    13. DISPUTE RESOLUTION; BINDING ARBITRATION; PROHIBITION OF CLASS & REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF

    PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND WE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND WE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 


    NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

    1. Arbitration Procedure. For any dispute or claim that you have against us, that we have against you or that you have, or we have, in each case arising from, relating to, or stemming from these Terms of Use, the Site, or the Services, or any aspect of the relationship between you and we as relates to these Terms of Use, the Site, or the Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and we agree to attempt to first resolve the Claim informally via the following process:

    2. If you assert a Claim against us, you will first contact us by sending a written notice of your Claim (“Claimant Notice”) to us by certified mail addressed to PlayMetrics, LLC, Attn:  Legal Department, 1500 Perimeter Park Drive, Suite 210, Morrisville, North Carolina 27560 with a courtesy copy by email to legal@playmetrics.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

    3. If we assert a Claim against you, we will first contact you by sending a written notice of our Claim (“PlayMetrics Notice”, and each of a Claimant Notice and PlayMetrics Notice, a “Notice”) to you via email to the primary email address associated with your account. The PlayMetrics Notice must (i) include the name of our contact and the contact’s email address, residence address (if collected), and telephone number (if collected); (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

    4. If you and we cannot reach an agreement to resolve the Claim within thirty (30) days after you or we receive such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or we first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.

    5. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or Intellectual Property Rights of you or we, including any disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of your or our intellectual property or other infringement of your or our Intellectual Property Rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or Intellectual Property Rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 13. A. will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

    6. These Terms of Use affect interstate commerce, the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

    7. All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms of Use as follows:

    8. YOU AND WE AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

    9. For any arbitration you initiate, you will pay the consumer filing fee, and we will pay the remaining AAA fees and costs. For any arbitration initiated by us against a consumer, we will pay all AAA fees and costs.

    10. For all arbitrations where the claims asserted are $25,000.00 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) any in-person appearances will be held, if possible, in Raleigh, North Carolina; (b) if Raleigh, North Carolina is inconvenient (i.e., beyond the due consideration of either party’s ability to travel and other pertinent circumstances), then any in-person appearance will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

    11. If you or we submit a dispute to arbitration and the arbitrator orders any exchange of information, you and we agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and we agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration. 

    12. The arbitrator’s decision will follow these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

    13. One Year to Assert Claims. To the extent permitted by law, any Claim by you or us relating in any way to these Terms of Use, the Site, or the Services, or any aspect of the relationship between you and us as relates to these Terms of Use, the Site, or the Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and we will not have the right to assert the Claim.

    14. Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms of Use; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

    15. Foreign Complaint. Notwithstanding anything to the contrary in the Terms of Use, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms of Use either by following the arbitration procedure detailed above in this Section 13 of the Terms of Use or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

    14. APPLICABLE LAW & VENUE.

    Any action not required to be arbitrated in accordance with Section 13 of these Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. Any dispute arising from or related to these Terms of Use, your use of the Site, the Services, or any aspect of the relationship between you and us as relates to these Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State of North Carolina, without resort to its conflict of law provisions and regardless of where you access the Sites. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.

    15. DATA SECURITY ACKNOWLEDGMENT

    We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    16. PRIVACY.

    Refer to our         Privacy Notice to understand how We collect, use and disclose your personal information.

    17. INTERACTION DATA.

    You acknowledge and agree that, subject to applicable laws, we may collect, analyze and use user data, including data that has been anonymized, aggregated or derived from user data or tagged with a hashed or masked identifier, pertaining to your access and use of our Services, for the purpose of providing, operating, analyzing, and improving our Services or offering or enabling other services (the “    Interaction Data”). Except as otherwise expressly set forth herein, PlayMetrics shall own any Interaction Data; and may aggregate and use Interaction Data as necessary, including in the performance of its obligations.

    18. NO PROFESSIONAL ADVICE.

    THE INFORMATION AND/OR RESULTS PROVIDED BY THE SERVICES IS NOT INTENDED TO CONSTITUTE REGULATORY ADVICE, LEGAL ADVICE, ACCOUNTING ADVICE OR ANY OTHER ADVICE OF A PROFESSIONAL NATURE. THE CONTENT, INFORMATION AND/OR RESULTS OF OR PROVIDED BY THE SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU SHOULD ALWAYS CONSULT YOUR OWN ATTORNEY, ACCOUNTANT OR OTHER APPLICABLE PROFESSIONAL FOR ADVICE BEFORE MAKING IMPORTANT PERSONAL OR PROFESSIONAL DECISIONS. YOUR RELIANCE ON THE INFORMATION AND/OR RESULTS PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK.

    20. ASSIGNMENT

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlayMetrics without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    21. SEVERABILITY

    If any provision of these Terms of Use is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms of Use shall continue in full force and effect.

    22. NO WAIVER

    No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PlayMetrics’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    23. SURVIVAL

    The provisions of these Terms of Use which by their nature should survive the termination of the Terms of Use shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted User Content, and rules regarding dispute resolution.

    24. NOTICES

    By using the Services, you agree to receive certain communications in connection with the Services. The communications between you and PlayMetrics use electronic means, whether you use the Services or send us emails, or whether PlayMetrics posts notices on the Services or communicates with you via email. For contractual purposes, you (A) consent to receive communications from PlayMetrics in an electronic form; and (B) agree that all terms of use, agreements, notices, disclosures, and other communications that PlayMetrics provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect your non-waivable rights.  PlayMetrics is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.


    All notices required by these Terms of Use shall be in writing and shall be sent by us via your email address of record; and notice shall be effective on the date it is officially recorded as being transmitted.

    25. HEADINGS

    Headings are for convenience only.

    26. TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS.


    A.         Notice to California Customers. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


    If you are a California resident, you represent that you are familiar with Section 1542 of the California Civil Code and you hereby waive and relinquish any right and benefit to which you may have under Section 1542 to the full extent that you may lawfully do so in connection with the subject matter hereof. Section 1542 states:


    A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.


    By using these Services, you agree that Section 1542 protections no longer apply to you.


    B. Notice to New Jersey Customers.


    If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) No Warranty; (ii) Limitation of Liability; (iii) Indemnification; and (iv) the Dispute Resolution; Binding Arbitration; Prohibition Of Class & Representative Actions And Non-Individualized Relief and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.


    C. Notice to International Users


    The Services are controlled and operated from facilities in the United States. PlayMetrics makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States or Canada. These Terms, as well as all other documents related to it, including notices and correspondence, will be in the English language only.


    THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:


    i.Canada.


    L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.


    Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, at least thirty (30) days before the amendment comes into force, send a written notice drawn up clearly and legibly, setting out the following: (i) the new clause only, or the amended clause and the clause as it read formerly; (ii) the date of the coming into force of the amendment; and (iii) the customer’s right to refuse the amendment and rescind; or, in the case of a contract involving sequential performance where the amendment entails an increase in the customer’s obligations or a reduction in our obligations, the customer may cancel the contract without cost, penalty, or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the amendment comes into force.


    Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.


    Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.


    Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to privacy@playmetrics.com. You may also contact us by writing to PlayMetrics, LLC, Attn: Privacy Department, 1500 Perimeter Park Drive, Suite 210, Morrisville, NC 27560.

    27. CONTACT US

    For questions regarding these Terms of Use, please contact         support@playmetrics.com.


    


    © 2024 PlayMetrics, LLC.  All Rights Reserved.

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