Last Updated: September 1, 2023
The Platform is a website intended for parents, coaches, administrators, organizers, teams, clubs, organizations, and players that advertises and markets third party events including, but not limited to, youth and prospect camps clinics, and events, showcases, tournaments, tryouts, seminars, and lessons, insurance products, goods, and services (“Offerings”) to provide a convenient and streamlined online platform for your sports needs. We will provide access to hundreds of Offerings. Please note that we do not create, develop, staff, or operate any of these Offerings.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER.
Accounts, Passwords, and Security.
Certain areas of the Platform require registration or otherwise ask you to provide information to participate in certain features or access certain content, including but not limited to your online account. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform, or any features at all.
- For individuals or entities registering for a posted event, which may include uploading a team roster, you agree and understand that must have parental consent from each player’s parent or guardian prior to add any player to the Platform for players under the age of 18, or consent of the player if 18 years of age or older. By registering for an account and any events contained in the Platform you confirm that you have acquired all requisite approvals prior to registration.
Where the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable form. It is your responsibility to maintain the currency, completeness, and accuracy of your account data, and any loss caused by your failure to do so is your responsibility.
During the account sign-in process, you will be asked to enter a valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for all activities that occur under your account.
You agree to notify Play’n Sports immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to the Platform. Play’n Sports is not liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
When you create an account, you can choose options on how Free Exclusive, Secondary, and URL Members may contact you; please note for text messaging, fees and data message rates may apply., Free Exclusive, Secondary, and URL Members are responsible for determining which of these methods of communication to use. When you use the mobile version of our website, and the corresponding Platform, it may require you to be compatible with certain software or technology. You should contact your service provider to understand those fees.
Any user can cancel an account by contacting email@example.com. Your account data will be deleted from your dashboard in a reasonable period, rendering it irretrievable by you and any Free Exclusive, Secondary, and URL Members that previously had access to it or the preferences set forth therein, if at all. However, deletion of your account does not result in complete removal from the Platform; you consent to Play’n Sports retaining any data or personal information provided retaining the same on the Platform on a deidentified basis for inclusion in our products and services. If you do not agree, do not use the Platform.
All those Free Exclusive, Secondary, and URL Members posting or providing Offerings may cancel his, her, their or its account at any time upon 30 days’ notice. Cancellation will take effect at the end of the month in which your cancellation request was received. You can cancel your account by contacting us at firstname.lastname@example.org. Once you cancel your account you are responsible for removing your Coach User Content, as defined below, from the Platform. If you fail to remove your content, we may remove your content for you.
EVENTS, MAPS AND COACHES AND ORGANIZATIONAL INFORMATION
Free Exclusive, Secondary, and URL Members with a valid Play’n Sports account can add events, event maps, event FAQs, waivers, and other related materials to the Platform. The Platform’s interactive map or search functionality will pinpoint or list the next event based on the parent’s or player’s prompts, with other or later events being pinpointed or listed below the primary result. Parents and players that permit communication from the Platform, or the third parties posting events, may receive information on a specific Offering or a series of Offerings. Parents and players, above the age of 18, can register for events, clinics, and camps subject to each event’s applicable registration criteria and rules.
Parents and players understand and agree that these Offerings are not sponsored by, recommended by, endorsed by, or the responsibility of Play’n Sports. We have not completed any research or background investigation on these Offerings; we are an access, registration, and publishing resource for these Offerings. Play’n Sports does not endorse, verify, evaluate, or guarantee any information provided by coaches, administrators, organizers, teams, clubs, or organizations and nothing shall be considered or constitute an endorsement, verification or guarantee of any information or documentation posted on the Platform or the manner in which the Offering is presented or carried out. As dates, availability, locations, and costs for these events often change, or such events may be cancelled for a variety of circumstances, we recommend that you confirm these events before registering/attending using your profile dashboard. We are not responsible or liable for any Offering, its occurrence or failure to occur, your satisfaction with the Offering, or damage to person or property, including without limitation, any negligence or liability arising out of any event, resulting in actual, incidental, and consequential damages.
Free Exclusive, Secondary, and URL Members, please review and understand that you are each bound to the terms and conditions in the section entitled Free Exclusive, Secondary, and URL Members Terms and Conditions and Events Posting Policy. Anyone may report an issue with an Offering through the report functionality on the Platform, and we will consider your concerns and determine in our sole discretion whether the provider or the Offering should remain on the Platform. We do not guarantee that resolution, if any, of your criticism, complaint, or concern will involve anything other than internal review by Play’n Sports.
PROPRIETARY RIGHTS; USE OF CONTENT
In using or accessing the Platform you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, accounts, servers, or networks connected to or accessible through the Platform or affiliated or linked Platform;
(b) not to use the Platform for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
(c) not to disrupt or interfere with any other user’s enjoyment of the Platform;
(d) not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Platform, the content of any text or the layout/design of any page) without Play’n Sport’s express written consent;
(e) not to use meta tags or any other “hidden text” utilizing a Mark, videos, or other materials without Play’n Sport’s express written consent;
(f) not to use the Platform for any commercial purpose not expressly approved by Play’n Sports in writing, including without limitation, unsolicited advertising junk mail or spam;
(g) not to monitor, scrape, index or otherwise copy any of the material on the Platform by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;
(h) not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Platform, except as permitted by applicable laws;
(i) not to “deeplink” to the Platform without Play’n Sports’ express written consent; and
(j) not to attempt to obtain unauthorized access to the Platform or portions of the Platform that are restricted from general access.
FEES AND REFUNDS
Offering Fee Charges. Anyone using the Platform to register for an Offering, including but not limited to an event, will incur a platform offering fee (sometimes referred to, specifically as an “Event Fee” due to the majority of offerings being events) and processing fee/convenience fees charge at check out for each event, as well as applicable taxes, if any (“Platform Fees”). Presently, the Platform Fees are calculated as 6% of the event fee plus $0.79 for processing/convenience. Play’n Sports reserves the right to change the Platform Fees and shall post such change(s) plainly within the Platform or its checkout prior to processing your payment. To the extent any discrepancy exists between the rates posted here and throughout the Platform, those posted throughout the Platform shall control. However, the Platform Fees shall never fall below those posted here. These Platform Fees are not refundable, even if you are entitled to a partial or full refund of an event fee charge, and, as a condition of using the Platform, you agree to pay not only the Offering Fee charges, but also the Platform Fees. If you do not agree, do not use the Platform.
Chargebacks, etc. In the event of a chargeback, dispute, or challenge (collectively, “Chargeback”) instituted by parent, player, organization, or other end-user or beneficiary of the Offering (“Beneficiary”), or his, her or their respective bank, credit union, credit card company, or payment processing platform, with or without the knowledge of the Beneficiary of the Platform to the Offering Fee, Platform Fees, or both, the Beneficiary understands, acknowledges, and authorizes Play’n Sports to: (a) challenge such Chargeback on its behalf, as well as that of the individual or organization posting or providing the Offering; (b) use any and all information and data provided on, in, or through the Platform, or to the individual or organization posting or providing the Offering itself including, but not limited to, attendance confirmation, images of the Beneficiary or his, her or their underage participant attending and/or participating in or using the Offering, confirmation of delivery of the Offering to the Beneficiary (e.g., delivery logs from any third-party delivery service utilized); (c) release information of and concerning the Chargeback to the individual or entity responsible for the posting or providing the Offering, which may include individuals at any level of our Free Exclusive, Secondary, and URL Members; and, (d) seek reimbursement to Play’n Sports, or to the individual or entity responsible for the posting or providing the Offering, for any actual charges or fees incurred by any such party including, but not limited to costs and expenses imposed by any bank, credit union, financial institution or payment processing platform of the Beneficiary or Play’n Sports. Furthermore, Beneficiary authorizes Play’n Sports to charge such fee against the form of payment presented to pay for the event and Platform Fees initially.
Play’n Sports takes no responsibility for any actual, incidental, or consequential damage resulting to Beneficiary or a participant, including his, her or their reputation, because Play’n Sports exercises its rights, or the rights of the individual or organization posting or providing the Offering, including disclosure of the Chargeback’s existence to the individual or organization posting or providing the Offering. Or the way the individual or entity responsible for posting or providing the Offering reacts, handles, or otherwise manages the Chargeback internally.
All Free Exclusive, Secondary, and URL Members, or third-party vendors, if any, posting or providing the Offering acknowledges that if a Chargeback results, Play’n Sports reserves the right to: (a) seek immediate reimbursement for all costs and fees incurred as a result thereof; or, (b) obtain reimbursement as a deduction against any income payable from a future Offering. Regardless of Play’n Sports election of remedies, all members irrevocably assign the right to recover any Chargeback from the Beneficiary to Play’n Sports. Favorable resolutions resulting in the posting of monies and/or elimination of fees charged against the account(s) of Play’n Sports shall then be applied against the account(s) of the members. First to the outstanding reimbursements owed to Play’n Sports. Then paid out to the members if reimbursement has occurred.
All users have varying levels of access to the Platform to either: post events, register for events, or to access other information and solutions. We reserve the right to charge a subscription fee in advance on a yearly or other basis; Play’n Sports will provide you with advance notice of this change.
Platform Secondary and URL Integration Event Fees. For each event posted on the Platform for a Secondary Member, as such term is defined in the Platform, the Secondary Member will pay Play’n Sports thirty (30%) percent of each event fee collected through the Platform. Members using URL integration agree to pay Play’n Sports according to the terms and conditions of a separate and distinct agreement.
Payments. The Offering Fees collected by Play’n Sports shall be paid out on the first business day following completion of the Offering. Members are responsible for reporting completion to us. If the Offering falls on a weekend, we will initiate the payoff on a Monday, unless such day is a federal or banking holiday. Then payment will result on the next business day. All payments shall be made using PayPal, ACH or wire within 30 days after each event. Processing and transaction fees and taxes will be charged as applicable.
Payments requested by check will be delivered by regular mail using the USPS, unless the member requests delivery by priority, expedited, or other mail services, or using a currier (e.g., FedEx or UPS). Members shall be responsible for the costs associated with delivery of check payment by anything other than regular mail.
Refunds and Cancellations.
- Responsibility of Free Exclusive, Secondary, and URL Members posting or providing an Offering. Those posting or providing an Offering are solely responsible for establishing a refund policy, if any, and informing Play’n Sports about applicable refunds for any reason, including cancellation of an event, to be applied to or for the benefit of an Offering Beneficiary, which will be processed by Play’n Sports as indicated below. Policies may include, but shall not be limited to, reimbursement of all, some, or none of the event fee, registration in another event, or provision of a coupon code for discounted or free participation in another event.
- Parents and Players. Free Exclusive, Secondary, and URL Members determine the cancellation and refund policy for each Offering. It is in the sole and absolute discretion of the Free Exclusive and Secondary Member to grant any such refund of the Offering Fee, whether full, partial, or none, registration in another event, or the issuance of a credit or coupon permitting participation in a future Offering, but not the Platform Fees. Even if an Offering Beneficiary is granted a refund of the Offering Fee, Play’n Sports is not required to refund the Platform Fees.
Any request for a refund must be processed through the “refund button” within your Platform dashboard. Or by contacting the Free Exclusive and Secondary Member directly. Not through the “contact us” or system.
You understand that any monetary refund of the Offering Fee will be credited against the form payment used to originally pay for the Offering Fee. You agree to provide us no less than fifteen (15) business days from the date you properly submit a request, or thirty (30) business days if improperly submitted it, to determine the validity of your request, which requires us to contract the Free Exclusive and Secondary Member that has the sole and absolute discretion to award or grant a request.
- You understand that the Free Exclusive, Secondary, and URL Members are under no obligation to issue a refund of the Offering Fee, in the form or amount it has determined, outside of its or their stated policy due to: a change in the health or welfare of a registrant or his, her, it’s or their friends, family, or caregivers; inability to travel to or physically appear at the event; commitment to play in another event, or for another entity or organization that renders participation moot; or for any other reason, including force majeure, as defined below.
- If you purchase “cancellation” or “event” protection or insurance at the time of registration, you acknowledge that you are purchasing such protection from the Free Exclusive, Secondary, or URL Members, and not Play’n Sports. Play’n Sports shall be entitled to charge a Platform Fee based on the value of the additional protection or insurance purchased. However, you acknowledge that this additional purchase is a one-time, sunk cost that shall only entitle you to reimbursement of the base Offering Fee, exclusive of the additional cost of the protection or insurance and all Platform Fees. The base Offering Fee shall be refunded upon confirmation of the cancelled event from the Free Exclusive, Secondary, or URL Members and credited in the same manner outlined above.
- If you initiate a Chargeback following your request for a refund, without permitting Play’n Sports to carry out its refund process, Play’n Sports shall not be required to issue a refund, even if authorized by a Free Exclusive and Secondary Member, until the Chargeback is resolved. Furthermore, if you initiate a Chargeback following Play’n Sports’ issuance of a refund you agree to immediately cancel, terminate, and resolve the Chargeback in a manner that not only prevents you profiting from the Chargeback, but also eliminates a negative impact or impression upon Play’n Sports.
- You are solely responsible for following up with the coach or organization regarding any refund request after properly submitting a request. Play’n Sports makes no guarantee that improperly submitted requests will be received or seen. Nor does, Play’n Sports have any liability or responsibility to you if a refund is not granted by the Free Exclusive and Secondary Member. You therefore agree to and shall save, and forever hold Play’n Sports, its successors and/or assigns, harmless from all damages, whether actual, incidental, or consequential. If you do not agree, do not use the Platform.
FREE EXCLUSIVE, SECONDARY, AND URL MEMBER TERMS AND CONDITIONS, AND EVENTS POSTING POLICY.
If you are a Free Exclusive and Secondary Member that provides, advertises or posts Offerings on this Platform, the following additional terms and conditions will apply to you:
- You acknowledge and agree that you are responsible solely for all your Offerings advertised on the Platform, and you are solely responsible for any liability, loss, negligence or related injury arising out of your Offerings.You represent and warrant that your Offerings comply with all applicable laws, regulations, statutes, ordinances, and regulatory guidance, including without limitation, any and all local license or ordinance requirements, consumer protection, advertising, product liability and data protection laws. You agree and acknowledge that any and all waivers or releases used for or in connection with your Offerings will and are intended to explicitly or impliedly save, release, and hold harmless Play’n Sport, LLC its directors, officers, employees, affiliates, successors and/or assigns from any liability, loss, or damage of any kind to person or property related to the advertisement of your event on the Platform. You understand and agree that we are relying on your compliance, and we do not evaluate, research, warranty, examine or investigate your event, content, products, or services, including safety or advertising claims. You also acknowledge and agree that we have no responsibility or liability, directly or indirectly, for any alleged or actual damage, claim, loss, judgement, cause of action, fine, or liability to person or property, of any kind, related to your content, products or services promoted or posted on the Platform. You agree that you will maintain adequate levels of insurance coverage customary to cover these events, which insurance shall be written by a licensed insurance company with a general policy holder rating of A or better. All such insurance coverage must be provided by insurance companies licensed in the state where the event/services are performed. We are intended to be a third-party beneficiary of all such insurance coverage.
- You understand that by including any information about your Offerings on the Platform, Play’n Sports does not endorse, verify, evaluate, or guarantee the materials provided by you and nothing shall be considered as an endorsement, verification or guarantee of any Coach User Content, as defined below. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Play’n Sports without the prior review and written approval of Play’n Sports.
- On certain areas of our Platform, Free Exclusive, Secondary, and URL Members will be able to submit photos, maps, events, videos, testimonials, podcasts, written posts, camps materials, games information and certain other materials (“Coach User Content”).By using these features, Free Exclusive, Secondary, and URL Members agree that they: (i) will not post any such Coach User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (ii) will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) will not collect or store personal data about other users in Coach User Content; (iv) will not post any Coach User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that Free Exclusive, Secondary, and URL Members are under a contractual obligation to keep private or confidential; (v) will not post any Coach User Content that is clearly false or misleading; (iv) will not impersonate any person or organization, including without limitation, the personnel of Play’n Sports, or misrepresent an affiliation with another person or organization; and (vii) will not post or upload any Coach User Content that contains viruses, corrupted files, malware, or any other similar software or programs that may adversely affect the operation or security of the Platform, or any feature of the Platform.
PLAYER AND PARENTS POSTING POLICY
From time to time on certain areas of our Platform you may be able to submit photos, reviews, videos, testimonials, written posts, and certain other materials (“User Content”). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; that you will not collect or store personal data about other users in your User Content; that you will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of Play’n Sports, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, malware, corrupted files, or any other similar software or programs that may adversely affect the operation or security of the Platform, or any feature of the Platform.
We assume no liability for any information removed from our Platform and reserve the right to permanently restrict access to the Platform or a user account. We do not endorse, verify, evaluate, or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by us without the prior review and written approval of Play’n Sports.
LINKS AND THIRD PARTIES
SOCIAL MEDIA AND AFFILIATE MARKETING
DIGITAL MILLENNIUM COPYRIGHT ACT
Play’n Sports has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your content has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Play’n Sports’ Copyright Agent via email to the Play’n Sports copyright agent with a subject line that includes “DMCA Request”, by phone to or via mail to the following address:
William A. Onofry
Play’n Sports will terminate the Platform use of any repeat infringer.
CHANGES TO PLATFORM
We may add, change, discontinue, remove or suspend any portion or feature of the Platform at any time, without notice.
PLAY’N SPORTS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLATFORM OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLAY’N SPORTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, CONTENT AND ANY LINKED PLATFORM. PLAY’N SPORTS DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE PLATFORM OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED, ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. PLAY’N SPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, EVENTS, PRODUCTS OR SERVICES, (INCLUDING THOSE OF THIRD PARTY ORGANIZATIONS OR COACHES) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PLAY’N SPORTS) ASSUME THE ENTIRE COST OF ALL NECESSARY USE, SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Play’n Sports is not a health care or medical provider. The Platform and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, or other materials (collectively, “Features”), are provided for general informational purposes only and do not constitute medical advice. The Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any physical therapy or workout regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING OUR SERVICES, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT OR TORT, SHALL PLAY’N SPORTS AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, THIRD-PARTY PROVIDERS, SUCCESSORS, ASSIGNS OR AUTHORIZED AGENTS (COLLECTIVELY, THE “PLAY’N SPORTS PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS OR SERVICES; (B) YOUR USE OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS OR SERVICES (C) ANY THIRD PARTY PLATFORM OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE PLATFORM; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A PLAY’N SPORTS PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PERMISSION FOR WEB LINKING
If you link to the Platform, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Play’n Sports. Any such link must not damage, dilute or tarnish the goodwill associated with Play’n Sports and/or any Play’n Sports intellectual property, nor may the link create the false appearance that your Platform or organization is sponsored, endorsed by, affiliated or associated with Play’n Sports, and you may not “frame” the Platform. You may not link to the Platform from any Platform that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Play’n Sports’ sole discretion. Play’n Sports reserves the right, in its sole discretion, to terminate any link from any Platform.
Play’n Sports will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Play’n Sports’ reasonable control.
Arbitration Agreement, Jury Trial Waiver, Class Action Waiver.
If you pursue a legal claim against Play’n Sports you agree to arbitration (with limited exceptions and except where prohibited by law):
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.
- The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Interlace any class action, class arbitration, or other representative action or proceeding.
- Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Play’n Sports (except for small-claims court actions) may be commenced only in the federal or state courts located in North Carolina jurisdiction of those courts for such purposes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.