TERMS OF USE

Last Updated:  April 4, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM

The following terms of use apply to the PLAY ‘N SPORTS, LLC (referred to as “us”, “we”, “our”, or “Play ‘N Sports”) website located at www.playnsports.com, our mobile website, online platform and related technology and services (the “Platform”).  Use of this Platform signifies your agreement to these terms of use (“Terms of Use”) and your acknowledgement that you have read, understood and agree to be bound by these Terms of Use in their entirety, any modifications to the Terms of Use, which is incorporated by reference into these Terms of Use.  In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Platform.  If you do not agree to these Terms of Use, do not access, browse or use the Platform.  If you are acting on behalf of an organization, you acknowledge and agree that you have the authority to bind your organization to these Terms of Use in their entirety, any modification to the Terms of Use, which is incorporated by reference into these Terms of Use.  

The Platform is website for parents, coaches, organizations, and players that advertises and markets third party events, from college coach events to travel ball tryouts at an indoor facility,  to provide a convenient and streamline online platform for your sport’s needs.  We will provide access to hundreds of camps, clinics, prospect events, tryouts and weekly programs.  Please note that we do not create, develop, staff or operate any of these events.  

To use the Platform, you represent and warrant that you: (a) are at least 13 years of age, and (b) you have not previously been removed from the Platform by us. If you are below the age of 18, then your parent or legal guardian must read and accept the terms and conditions of these Terms of Use in your name and on your behalf. If you become aware of anyone using the Platform who is under the age of 13, please report this to: support@playnsports.com. We do not knowingly collect information from anyone under the age of 13. We may, in our sole discretion, refuse to offer the Platform to any person or entity for any reason. We may also change this eligibility criteria at any time, in our sole discretion.

Please return to the Platform and review these Terms of Use from time to time, as they may be amended without notice to you.  Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Platform. 

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. By using the Platform or accepting these Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Platform.

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 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. 

(a) For coaches and organizations, you will need to read through and agree to our Terms of Use and Privacy Policy and then we will approve your account prior to posting on the Platform.  For coaches uploading a team roster to an event, each coach shall have parental consent to add any player to the Platform for players under the age of 18 and consent of the player otherwise. 

(b) For parents and players, you can create an account and for parents, add each of your players to your dashboard on the Platform.  You will need to read through and agree to our Terms of Use and Privacy Policy prior to posting on the Platform 

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 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 any and 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 as a result 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 coaches and organizations may contact you, please note for text messaging, fees and data message rates may apply to any text messages and coaches are responsible for determining these methods of communication.  When you use our mobile website, it may require you to be compatible to certain software or technology and you should contact your service provider to understand those fees. 

You can cancel your account by contacting support@playnsports.com.  Your account data will be deleted by you for coaches and otherwise in a reasonable time period.  Any data or personal information provided may remain on the Platform on a deidentified basis for inclusion in our products and services.

EVENTS, MAPS AND COACHES AND ORGANIZATIONAL INFORMATION

Coaches and organizations with a valid Play ‘N Sports account can add events, event maps, event FAQs, waivers and other related materials to the Platform.  The Platform will pinpoint the next event for each player, with later events being pinpointed below.  Parent  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 events are not sponsored by, recommended by, endorsed by or the responsibility of Play ‘N Sports.  We do not complete any research or background investigation on these events, and we are access, registration and publishing resource for these events.  Play ‘N Sports does not endorse, verify, evaluate or guarantee any information provided by coaches or organizations and nothing shall be considered as an endorsement, verification or guarantee of any information.  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 through referring to your dashboard.  We are not responsible or liable for any event, including without limitation, any negligence or liability arising out of any event.  

For coaches and organizations who are posting events, content, waivers and related materials please review and understand that you are each bound to the terms and conditions in the section entitled Coaches and Organizations Terms and Conditions and Events Posting Policy. Parents and players can report an event issue through the report functionality on the Platform, and we will consider your concerns and determine in our sole discretion whether this provider should remain on the Platform.   

PROPRIETARY RIGHTS; USE OF CONTENT

This Platform is owned and operated by Play ‘N Sports and, in the case of certain features and content, its affiliates, organizations, coaches, licensors, or third party service providers, and unless otherwise indicated, all the content appearing at the Platform (collectively, “Content”) is the property of Play ‘N Sports and its affiliates, licensors, business partners, marketing partners, organizations, coaches or third party service providers (collectively referred to hereinafter as “Third Party Providers”) and is protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws.  All trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Marks”) appearing on the Platform are the property of Play ‘N Sports or its Third Party Providers. You may not make any use of any Content or Marks without the prior written consent of Play ‘N Sports and the applicable Third Party Provider.  No Content from the Platform may be copied, reproduced, republished, translated, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Content on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices.  Modification of the Content or use of the Content for any other purpose may be a violation of copyright, trademark, trade secret rights and others’ proprietary rights belonging to Play ‘N Sports or its Third Party Providers.  For purposes of these Terms of Use, the use of any such Content on any other Platform or networked computer environment is prohibited.

Play ‘N Sports from time to time may request or allow that its players, parents, organizations, or coaches submit testimonials, reviews, feedback or other materials to it and such materials may be made available on this Platform and elsewhere, and as indicated below such persons are solely responsible for such content and Play ‘N Sports is not responsible or liable for the accuracy, reliability or completeness of such third-party content.  If you provide us with any surveys responses, feedback, suggestions, data, or other information or content about the Platform, any events or otherwise in connection with these Terms of Use (collectively, “Feedback”), you irrevocably assign to us all right, title, and interest in and to Feedback.

YOUR CONDUCT

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.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use.  If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe. 

FEES AND REFUNDS 

Fees. 

Event Fee Charges.  For a parents and players, you will incur a 6% platform event fee and  a processing fee/convenience fees charge at check out for each event, as well as taxes as are applicable.  These fees are not refundable.

Subscriptions. Coaches, players, parents and organizations have free access to the Platform in order to post events, register at events and to access other information and solutions.  We reserve the option to charge a subscription fee in advance on a yearly basis, and will provide you with advance notice of this change.  

Platform Event Fees.  For each registration event on the Platform, coaches and organizations will pay a platform event fee equal to the cost of one player registration fee per event capped at $500 (U.S.), for each event promoted on the Platform with more than 2 registered players.  The remaining event registration fees collected by us for coaches’ or organizations’ events promoted on the Platform will be paid to coaches and organization by PayPal, ACH or wire within 30 days after each event.  Processing and transaction fees  and taxes will be charged as is applicable.  

Refunds and Cancellations. 

(a)  Coaches and Organizations:  Coach and organizations are solely responsible for informing Play ‘N Sports about applicable refunds to be applied to parents and players, which will be processed by Play ‘N Sports are indicated below as well as any cancellations of an event.

Play ‘N Sports agrees that coaches and organizations may cancel your account at any time upon 30 days’ notice and the 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 support@playnsports.com.   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.  

(b)  Parents and Players.  Coaches and organizations determine the cancellation and refunds policy for each event.  It is in the coaches or organization sole discretion grants such refunds.  If such refund is granted,  parents and players, may receive a  refund of the event registration fee, (minus the 6% platform fee, any processing fee, transaction costs or taxes as applicable).  The refund will be credited to your online payment account or credit card.  You may request a refund through the refund button on your Platform dashboard.  You are responsible solely, for following up with the coach or organization regarding any refund request, Play ‘N Sport has no liability or responsibility to you granting any refund. 

Trials. From time to time, Play ‘N Sports may offer trials of subscriptions or new features and functionality for a specified period without payment or at a reduced rate (a “Trial”). Play ‘N Sports may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.  All Trials are subject to these Terms of Use. 

COACHES AND ORGANIZATIONS TERMS AND CONDITIONS AND EVENTS POSTING POLICY. 

If you are a coach or organization that provides, advertises or posts content, products and services on this Platform, the following additional terms and conditions will apply to you:

(a)  You acknowledge and agree that you are responsible solely for all your events, content, products or services advertised on the Platform and you are solely responsible for any liability, loss, negligence or related injury arising out of your event, product or service.  You represent and warrant that your events, content, products and services 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 all  waivers or releases used for your event will release Play ‘N Sport, LLC its directors, officers, employees and affiliates from any liability, loss or damage 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 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 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 of with a general policy holders 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.  

(b)  You understand that by including any information about your event, organization, products or services 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.

(c)  On certain areas of our Platform, coaches or organizations 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, coaches and organizations 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 coaches and organizations 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.  

(d)  By displaying, publishing, or otherwise posting any Coach User Content or Marks on or through the Platform, coaches and organizations hereby grant to Play ‘N Sports a non-exclusive, sub-licensable, worldwide, fully-paid up, and royalty free license to use, distribute and display the coaches and organizations Coach User Content and Marks (including, without limitation, to modify, publicly perform, publicly display, reproduce, and sublicense such Coach User Content and Marks) in any and all media now known or hereinafter developed without the requirement to make payment or to seek any advanced permission.  This license includes the right to host, index, cache, distribute, and tag any Coach User Content, as well as the right to sublicense Coach User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. Coaches and organizations continue to retain all ownership rights in their Coach User Content and Marks, and they continue to have the right to use their Coach User Content and Marks in any way you choose, subject to these Terms of Use and the license described herein.  Coaches and organizations represent and warrant that they own the Coach User Content and Marks submitted, displayed, published or posted on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Coach User Content and Marks submitted, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.  

(e)  Notwithstanding the foregoing, coaches and organizations further understand and agree that each, respectively, have no ownership rights to any account each may have with us, or other access to the Platform or features therein. Play ‘N Sports may cancel any account and delete or remove all and all Coach User Content associated with any account at any time, and without notice, including without limitation if Play ‘N Sports deems that an account has violated these Terms of Use, the law, or for any other reason.  Play ‘N Sports assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account. 

(f)  In consideration of our allowing you to advertise your events, products, services or content, coaches and organizations agree to defend, indemnify and hold Play ‘N Sports, its officers, directors, employees, affiliates, business partners, agents, successors, and assigns and its contractors and each of their officers, employees, directors, agents, successors and assigns harmless for all actual or alleged demands, fines, investigations, claims, causes of action, losses, damages, judgements, liabilities, and expenses (including reasonable attorney’s fees and costs) arising from your representations, warranties and covenants set forth herein, the use of your events, products, services and content or any acts or omissions related to such products, services and content.  No other contract or agreement shall limit or cap this indemnification obligation.  You will cooperate fully as required by Play ‘N Sports in the defense of such claim.  Play ‘N Sports reserves the right to assume the defense and control of any matter subject of this indemnification, and you shall not settle any claim concerning Play ‘N Sports without Play ‘N Sports’ prior written consent.  Play ‘N Sports reserves the right to remove your events, content, products or services from the Platform immediately in the event you violate these Terms of Use, without any liability to you. 

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. 

By displaying, publishing, or otherwise posting any User Content on or through the Platform,  you hereby grant to us a non-exclusive, sub-licensable, worldwide, fully-paid up, and royalty free license to use your User Content (including, without limitation, to modify, publicly perform, publicly display, reproduce, and distribute such User Content) in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms of Use and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.  Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Platform or features therein. We may cancel your account and delete all User Content associated with your account at any time, and without notice, including without limitation if we deem that you have violated these Terms of Use, the law, or for any other reason, as determined in our sole discretion.

We assume no liability for any information removed from our Platform, and reserves 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.

You agree to indemnify, defend and hold Play ‘N Sports, officers, directors, employees, affiliates, agents and its contractors and each of their officers, directors, employees and agents harmless from any actual or alleged claims, causes of action, losses, liabilities, judgements, fines, investigations, damages and expenses (including reasonable attorneys’ fees and costs) related to your violation of these Terms of Use, including the posting policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to this Platform.

LINKS AND THIRD PARTIES 

Links on the Platform to third party websites or information that you encounter via the Platform are solely provided as a convenience to you. If you use these links, you will leave the Platform.  You agree that Play ‘N Sports will not be responsible or liable for any dispute, loss or damage of any kind incurred as a result of any dealings between you and any such third parties.  In addition, you acknowledge that Play ‘N Sports does not endorse, verify, or make any representations regarding any third party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the Platform, and you are solely responsible for your decision to submit personal information to any third party.  Any personal information that you submit through such third party site  with be subject to the privacy policy and terms of use on that site. 

SOCIAL MEDIA AND AFFILIATE MARKETING 

The Platform may contain links to social media  and advertising platforms and may also contain sign in plug-ins, such as Facebook, Twitter, Google  and Apple and other features that allow you to connect with third-party social media platforms. Please consult the terms of use, platform policies and/or privacy policies of these social media platforms for any activity you conduct on these platforms. If you activate these plug-ins and other features, you will be doing so at your own risk. 

Like many other ecommerce websites, we participate in affiliate marketing, allowing affiliates’ information to be encoded on our Platform.  This means we mean that we may earn a commission whenever you make purchase through or click to an affiliate link on our Platform or access content on our Platform.  When you are purchasing products or services offered through affiliate marketing relationships, you are directly purchasing from those third parties.  We do not evaluate, examine, research, investigate, or warrant any of these offerings made by third party affiliates.  These third parties have their own terms of use, privacy policies, product details, and pricing that you should review carefully before making a purchase.  You acknowledge and agree that we are not responsible for the content, functions, accuracy, legality, or appropriateness of these third party sites, applications or platforms or any damage caused, directly or indirectly, with your access of such third-party sites content, products or services. 

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;
  • 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 playnsport/copyright agent.com with a subject line that includes “DMCA Request”, by phone to  or via mail to the following address:

Copyright Agent

c/o  [Alexander Hudgens]

Play ‘N Sports will terminate the Platform use of any repeat infringer.

PRIVACY POLICY

We recognize the importance of respecting the privacy of your personal data.   Our privacy policy provides you with information on how we use your personal information.  Please review this policy for more information [https://www.playnsports.com/privacy-policy/]

CHANGES TO PLATFORM 

We may add, change, discontinue, remove or suspend any portion or feature of the Platform at any time, without notice. 

TERMINATION

Play ‘N Sports reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Platform, and to block or prevent future access to and use of the Platform for any reason, including your breach of these Terms of Use or other conduct by you that Play ‘N Sports considers inappropriate.  Play ‘N Sports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice.  Except as otherwise expressly stated in the Terms of Use, you agree that Play ‘N Sports shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Platform (or any portion thereof). 

DISCLAIMER

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.

HEALTH DISCLAIMERS

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.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLAY ‘N SPORTS’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE PLATFORM.  IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE PLATFORM.

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.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE PLATFORM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

By using the Platform, you agree to indemnify, defend and hold harmless Play ‘N Sports, its officers, directors, contractors, employees, agents, successors and assigns  from and against any third party actual or alleged claims, demands, causes of action, judgments, damages, losses, fines, investigations,  liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any applicable law, rule, statute, ordinance, regulation or regulatory guidance; (2) your misuse of the Platform, including, without limitation, any Content available on the Platform and any activity of yours on the Platform; (3) your loss or disclosure of any data or account information; and (4) any material uploaded by you or through you to the Platform.  You will cooperate as fully and reasonably as required by Play ‘N Sports in the defense of any claim.  Play ‘N Sports reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Play ‘N Sports. 

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. 

FORCE MAJEURE 

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.

Governing Law 

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of North Carolina, within the United States of America without giving effect to any principles of conflicts of law.  Play ‘N Sports makes no representation that Content contained on the Platform is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country.  Visitors who use the Platform and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 

Contact Us

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at support@playnsports.com  We will attempt address any issue raised in a reasonable period of time.