Updated as of January 31, 2020.
Fans may not register with the Services unless: (a) all registration information you submit is accurate, current, and complete; (b) you agree to maintain the accuracy of such information; (c) you are 10 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Participation in the Services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos, or other content (“Participation”). Any content generated by a User involving the use of any functionality of a Website is referred to as “User-Generated Content.”
The Services are based in the United States. By using the Services and/or by submitting personal information to the Services, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
COPYRIGHT, OWNERSHIP, AND RESTRICTIONS ON USE OF MATERIALS
All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and are protected by state, federal, and international trademark laws. All rights not expressly granted herein are reserved.
The textual, photographic, video, audio, and combined audiovisual programs and products resulting from our games and events, including the material contained in the Services, are protected under United States and international copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission.
Anyone who displays, reproduces, copies, creates derivative works, or sells our textual, photographic, video, or audiovisual programs for commercial or non-commercial purposes without our permission violates copyright laws and is liable for copyright infringement. Any person who uses our marks or any similar marks in such a way that it dilutes the distinctive quality of the marks or that creates a likelihood of confusion with the marks for commercial purposes without our permission on goods or for services is liable for trademark infringement.
If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by us or our third-party licensors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises and/or Software, is strictly prohibited.
We do not transfer title to the Software to you, and we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any of the Software to readable form.
MONITORING OF SERVICES
We expressly reserve the right to monitor any and all uses of the Services; however, we are under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so. We assume no responsibility or liability arising from or relating to the content of any transmissions by third-parties to or through the Services or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity, or inaccuracy contained in any information transmitted by third-parties to or through any location on the Services.
At times, we may solicit from Visitors to the Websites information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork, or other materials. Of course, Visitors to a Website may have the ability to submit information of this type to us even if we do not solicit it. Collectively this type of information, whether solicited by us or not, and whether or not posted to this Website or any other Website, is referred to as “Submissions”.
By submitting any Submission, whether solicited by us or not, you are automatically granting us a perpetual, royalty-free, non-exclusive, assignable, unrestricted, worldwide, irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display, or otherwise utilize such Submissions, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, “Rights”).
This grant of Rights means that all Submissions may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of the Company. We also have the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online, or other use or publication of your Submission. We assume no responsibility for reviewing such Submissions and we shall have no liability as a result of any similarities between your Submissions and future products, services, or programs. You represent and warrant that: (i) you own the Submissions posted by you on or through the Services (or have the right to grant the appropriate license), and (ii) the posting of your Submissions on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person by reason of any Submissions submitted by you, including without limitation our exercise of our Rights in such Submissions.
We are not responsible for and make no warranties, express or implied, as to the User-Generated Content appearing on any Website or the Services, whether actually or apparently provided by Registered Fans or by any of the equipment or programming associated with or utilized in the Services. You post User-Generated Content to the Services at your own risk. Although we may provide privacy settings that limit access to your profile, no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your User-Generated Content. We cannot and do not guarantee that your User-Generated Content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Even after removal, copies of User-Generated Content may remain viewable in cached and archived pages or if other Users have copied or stored your User-Generated Content. User-Generated Content appearing on the Services does not necessarily reflect our opinions or policies.
Please exercise discretion while browsing the Internet or using the Services. You should be aware that while using the Services you could be directed to other websites by links and other features found on the Services. If you click on those links or other features, you may be visiting a website or service that is not owned or operated by the Company and over which we have no control. For example, if you click on a banner advertisement, the click may take you to the website of a company that is not related to us and over which we have no control. This includes links from advertisers, sponsors, content partners, and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other websites or services may collect data, solicit personal information, and/or generate cookies on your computer in a manner different from our Services. These other websites or services also may contain information that you may find inappropriate or offensive.
We are not responsible in any way for the content or availability of information found on any website or service owned by a third-party that may be linked to a Website or our Services by a hyperlink, whether such hyperlink is provided by us or by a third party. By providing access to third-party websites or advertisements, we are not endorsing the products or services provided by the owner or operator of such websites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality, or decency of material contained in third-party websites or services linked to the Services. We cannot ensure that you will be satisfied with any products or services you purchase from a third party that links to or from the Services or that you purchase through third-party advertising or content on the Services. We do not make any representations or warranties as to the security of any information (including, without limitation, payment information and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services, and content of third-party websites, including third-party websites or services accessible by links from the Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE COMPLETE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE COMPANY AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE SERVICES.
COMMENTING ON A WEBSITE OR OTHER SERVICES
We may create opportunities on the Websites and Services for our fans so that they can have a safe and enjoyable place to interact with other fans, express themselves, and support their favorite teams and players. In order to maximize this opportunity for all fans, we require that fans agree to the following terms when they participate in commenting.
What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a Website or any Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content, terminating the registration of such violators, and/or pursuing criminal action. Prohibited content includes, but is not limited to, content that:
Harasses or advocates violence or harassment of another person;
Publicly posts information that poses or creates a privacy or security risk to any person;
Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
Is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
Solicits personal information from anyone under the age of 18;
Promotes any criminal activity or enterprise;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Involves commercial activities or sales or contests or advertising, without our prior written consent;
Includes a photograph or video of another person that you have posted without that person’s consent;
Imitates or purports to be a posting to a Website by anyone other than the person actually posting.
You agree to choose carefully the User-Generated Content you post on or through the Services and that you provide to other Users. Although the Services may not include any form of Prohibited Content, as defined in Section A above, some information, materials, products, or services submitted to the Services by other Fans may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and we assume no responsibility or liability for such material.
Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number.
You are solely responsible for your interactions with other Fans. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Fans.
We cannot guarantee that any Participation or User-Generated Content on a Website was actually created by the individual or entity claiming authorship.
You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. We have the right to terminate the Membership of infringers.
Illegal and/or unauthorized use of any Service, including collecting usernames, and/or email addresses of fans by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any Service, including any Website, or employing third-party promotional sites or software to promote a profile or posting on any Service for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any Service including this one without notice or explanation and may result in termination of registration. We reserve the right to take appropriate legal action for any illegal or unauthorized use of any Website or any of the other Services.
The Services are controlled and operated by or on our behalf and on behalf of our affiliates. We make no representation that materials or products offered on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the Services are further subject to United States export controls. No software or products offered on the Services may be downloaded, shipped, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing products or downloading or using the Software offered on the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this provision (this “Provision”) carefully. It affects your rights.
Most User concerns can be resolved quickly and to a User’s satisfaction by contacting us at firstname.lastname@example.org. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and the Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “the Company” means Elevate Athletics Inc and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, owners, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the Company, Elevate Athletics Inc., 3055 S Valley View Blvd., Las Vegas, NV 89102 Attn: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT, IF YOU ARE A VISITOR, FIRST VISIT OR ACCESS THE WEBSITE OR SERVICES, OR, IF YOU ARE A REGISTERED USER, YOU FIRST REGISTER AND ACCEPT THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to the Company at Elevate Athletics Inc., 3055 S Valley View Blvd., Las Vegas, NV 89102 Attn: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or the Company may initiate arbitration in either Fairfield County, Connecticut or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, the Company may transfer the arbitration to Fairfield County, Connecticut in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – The Company will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in the United States District Court for the District of Connecticut.
You understand and agree that by entering into this Agreement you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe your work has been copied and posted on or through these Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(d) a 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;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
(f) your physical or electronic signature.
Our Copyright Agent can be reached at: Copyright Agent RAMBLERS, 3055 S Valley View Blvd., Las Vegas, NV 89102 We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringers. We also may at our sole discretion limit access to the Services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.