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Terms of Use

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Terms of Use Build and manage your sports website Custom online registration for sports The ultimate in team management The power of SportsEngine, in the palm of your hand. Manage your tournament from whence to end Manage seasons, stats, scores and increasingly Secure backgroundscreening Request, collect,and track payments Cross-session membermanagement Online fundraisingbuilt for sports Customers By Type Associations/Clubs Leagues Tournaments Teams NGB Serving all sports, including: Hockey Soccer Basketball Baseball Football Wrestling Volleyball Lacrosse Gymnastics Testimonials Customer StoriesVisitorAbout SportsEngine Careers News & Press Contact Customer Success Community SportsEngine Community SportsEngine Users Group Help Center Ideas Platform Developers Status Security Engineering Blog Get Started Registration Sitebuilder Team Mobile Tourney League Safety PowerPay Member Management Fundraising Customers By Type Associations/Clubs Leagues Tournaments Teams Governing Bodies Testimonials Customer Stories Serving all sports, including: Hockey Soccer Basketball Baseball Football Wrestling Volleyball LacrosseVisitorAbout SportsEngine Careers News & Press Contact Customer Success Construction Blog Community SportsEngine Community SportsEngine User Group Help Center Ideas Platform Developers Status Security Engineering Blog Marketplace Marketplace Site Support Support Site Connect with Us ©2018 SportsEngine, All Rights Reserved. Terms of Use / New Privacy Policy SportsEngine Registration Sitebuilder Team Mobile Tourney League Safety PowerPay Member Management fundraising CustomersVisitorCommunity Platform Marketplace Support ©2018 SportsEngine, All Rights Reserved. Terms of Use / New Privacy Policy Get Started Terms of UseTry-onWelcome to SportsEngine.com, the online and mobile service of SportsEngine, Inc. ("SportsEngine," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web sites (including without limitation team, league, or other pages or applications hosted on or provided by the SportsEngine platform), and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and stipulate to be unseat by this Terms of UseTry-on("Agreement") and to the hodgepodge and use of your information as set along in the SportsEngine Privacy Policy, whether or not you are a registered user of our Service. SportsEngine reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. ThisTry-onapplies to all visitors, users, and others who wangle the Service ("Users"). PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Use of Our Service Eligibility You may use the Service only if you can form a tightness contract with SportsEngine, and only in compliance with thisTry-onand all workable local, state, national, and international laws, rules and regulations. Any use or wangle to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not misogynist to any Users previously removed from the Service by SportsEngine. Service License Grant Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only (unless you are an Organization, as specified below) and as permitted by the features of the Service. SportsEngine reserves all rights not expressly granted herein in the Service and the SportsEngine Content (as specified below). SportsEngineFinanceYour SportsEngine worth gives you wangle to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain variegated types of finance for variegated types of Users, such as teams, leagues, associations, other organizations or entities and their representatives ("Organization(s)"), players, parents, or volunteers. If you unshut a SportsEngine worth on behalf of a company, Organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the validity to tighten the entity to thisTry-on(and to any related agreements, such as order forms, which you stipulate to on its behalf), and that you stipulate to thisTry-onon the entity's behalf. By connecting to SportsEngine with a third-party service, you requite us permission to wangle and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use flipside User's worth without permission. When creating your account, you must provide well-judged and well-constructed information. You are solely responsible for the worriedness that occurs on your account, and you must alimony your worth password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower specimen letters, numbers and symbols) with your account. You must notify SportsEngine immediately of any violate of security or unauthorized use of your account. You stipulate that SportsEngine will not be liable for any losses caused by any unauthorized use of your worth or of any password you create for your account. You may tenancy your User profile and how you interact with the Service by waffly the settings in your settings page. By providing SportsEngine with your email write you consent to our using the email write to send you Service-related notices, including any notices required by law, in lieu of liaison by postal mail. We may moreover use your email write to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or transpiration your preferences in your settings page; provided that you may not opt-out of Service-related e-mails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Service Rules You stipulate not to engage in any of the pursuit prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any streamlined or non-automated "scraping"; (ii) using any streamlined system, including without limitation "robots," "spiders," "offline readers," etc., to wangle the Service in a manner that sends increasingly request messages to the SportsEngine servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SportsEngine grants the operators of public search engines revocable permission to use spiders to reprinting publicly misogynist materials from sportsengine.com for the sole purpose of and solely to the extent necessary for creating publicly misogynist searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, uniting letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any whoopee that imposes, or may impose at our sole discretion an unreasonable or unduly large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software teachers through the Service; (vii) collecting or harvesting any personally identifiable information, including worth names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating flipside person or otherwise misrepresenting your troupe with a person or entity, conducting fraud, hiding or attempting to hibernate your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or ways other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict wangle to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Accessing any audiovisual content that may be misogynist on the Service for any purpose or in any manner other than Streaming (as specified below) is expressly prohibited unless explicitly permitted by the functionality of the Service. "Streaming" ways a contemporaneous digital transmission of an audiovisual work via the Internet from the SportsEngine Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. We may, without prior notice, transpiration the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your wangle to the Service or to any features of the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you protract to be unseat by this Agreement. You are solely responsible for your interactions with other SportsEngine Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SportsEngine shall have no liability for your interactions with other Users, or for any User's whoopee or inaction. Security SportsEngine cares well-nigh the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be worldly-wise to defeat our security measures or use your personal information for improper purposes. You unclose that you provide your personal information at your own risk. Mobile Software We may make misogynist software to wangle the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is uniform with the Mobile Software. SportsEngine does not warrant that the Mobile Software will be uniform with your mobile device. SportsEngine hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled lawmaking reprinting of the Mobile Software for one SportsEngine worth on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, forfeiture or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content wieldy through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You unclose that SportsEngine may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such will-less upgrading on your mobile device, and stipulate that the terms and conditions of thisTry-onwill wield to all such upgrades. Any third-party lawmaking that may be incorporated in the Mobile Software is covered by the workable unshut source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any reprinting thereof, and SportsEngine or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any reprinting thereof). Any struggle by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. SportsEngine reserves all rights not expressly granted under this Agreement. If the Mobile Software is stuff uninventive on behalf of the United States Government, then the pursuit provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set along in thisTry-onand as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to unrepealable countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You stipulate to comply with all United States and foreign laws related to use of the Mobile Software and the SportsEngine Service. Mobile Software from iTunes The pursuit applies to any Mobile Software you reap from the iTunes Store ("iTunes-Sourced Software"): You unclose and stipulate that thisTry-onis solely between you and SportsEngine, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You unclose that Apple has no obligation whatsoever to replenish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any workable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by workable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, financing or expenses owing to any failure to conform to any warranty will be solely governed by thisTry-onand any law workable to SportsEngine as provider of the software. You unclose that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any requirement that the iTunes-Sourced Software fails to conform to any workable legal or regulatory requirement; and (iii) claims welling under consumer protection or similar legislation; and all such claims are governed solely by thisTry-onand any law workable to SportsEngine as provider of the software. You unclose that, in the event of any third party requirement that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, SportsEngine, not Apple, will be solely responsible for the investigation, defense, settlement and venting of any such intellectual property infringement requirement to the extent required by this Agreement. You and SportsEngine unclose and stipulate that Apple, and Apple's subsidiaries, are third party beneficiaries of thisTry-onas relates to your license of the iTunes-Sourced Software, and that, upon your visa of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have wonted the right) to enforce thisTry-onas relates to your license of the iTunes-Sourced Software versus you as a third party payee thereof. Third-Party Material The Service may contain links to third-party websites or information well-nigh third parties, such as advertisers, Organizations, or their respective services, special offers, or other events or activities that are not owned or controlled by SportsEngine. SportsEngine does not endorse or seem any responsibility for any such third-party sites, information, materials, products, or services, including without limitation those embedded within Organization pages hosted on the Service. Without limiting the generality of the foregoing, SportsEngine shall not be responsible for the completeness or verism of any information hosted or provided by any third party sites or for deleting any such information. If you wangle a third party website or content from the Service, you do so at your own risk, and you understand that thisTry-onand SportsEngine's Privacy Policy do not wield to your use of such sites or services. You expressly relieve SportsEngine from any and all liability welling from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with third parties such as advertisers or other Users found on the Service or participation in their promotions or activities, including without limitation payment and wordage of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You stipulate that SportsEngine shall not be responsible for any harm, loss, or forfeiture of any sort relating to your dealings with such third parties (including without limitation in relation to your participation in any activities of Organizations or the participation of any User in connection with such activities). User Content User Content Some areas of the Service indulge Users to post or submit content such as profile information, roster or biographical information, text, pictures, videos, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes misogynist on the Service or to SportsEngine is "User Content"). We requirement no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you stipulate to indulge others to view, edit, and/or share your User Content in vibrations with your settings and this Agreement. SportsEngine has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. You stipulate not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or forfeiture to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a treason or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of flipside party's trade secrets); (vii) contains any information or content that you do not have a right to make misogynist under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any team, league, or other workable policy. You stipulate that, and represent and warrant that, any User Content that you post, and SportsEngine's use thereof as contemplated by thisTry-onand the Service, does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as specified below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical sonnet (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. SportsEngine reserves the right, but is not obligated, to reject and/or remove any User Content that SportsEngine believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. For the purposes of this Agreement, "Intellectual Property Rights" ways all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following: (i) You are solely responsible for obtaining all consents as may be required by law to collect or submit any User Content (including without limitation any personally identifiable information such as biographical information) relating to third parties; (ii) If you are an Organization that uses SportsEngine to perform Services on your behalf, you stipulate that you shall post, and are solely responsible for posting, all workable privacy policies or notifications on your site, including instances in which your site is hosted or maintained by SportsEngine, and for making all towardly disclosures to visitors to the site, and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your hodgepodge and use of personal information and including your disclosure of user personal information to service providers such as SportsEngine; and (iii) If you are an Organization that uses SportsEngine to perform Services on your behalf and you collect personal information from individuals, you unclose and stipulate that you will not collect or rationalization to be placid and shared with SportsEngine or hosted on SportsEngine's servers unrepealable types of personal information that could trigger state violate notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, Social Security Numbers, driver's license numbers, wall worth or credit vellum numbers, unless such information is provided to SportsEngine in a system specifically designed to protect and store such information.  If such information is shared with SportsEngine or hosted on SportsEngine's servers in a manner that SportsEngine deems to be insecure, SportsEngine has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized wangle or disclosure of such data triggers state violate notification laws considering of your violate of this section, you stipulate that you will be wholly responsible for the timing, content, forfeit and method of any such notice and compliance with such laws. (iv) SportsEngine may exercise the rights to your User Content granted under thisTry-onwithout liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any joint bargaining try-on or otherwise. SportsEngine takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you stipulate that we are only vicarial as a passive conduit for your online distribution and publication of your User Content. You understand and stipulate that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you stipulate that SportsEngine shall not be liable for any damages you speak to incur as a result of User Content. You understand that Organizations are solely responsible for their self-sustaining data practices and their use or distribution of User Content or any other information or data obtained via the Service. User Content License Grant By posting any User Content on the Service or otherwise submitting User Content to SportsEngine, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to SportsEngine a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in vibrations with your settings and this Agreement, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and SportsEngine's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You moreover hereby grant each User of the Service a non-exclusive license to wangle your User Content through the Service (to the extent such User Content is made misogynist to those Users via the features and functionality of the Service, including any workable privacy settings), and to use, reproduce, distribute, exhibit and perform such User Content as permitted through the functionality of the Service and under this Agreement. DMCA Notice Since we respect versifier and content owner rights, it is SportsEngine's policy to respond to so-called infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is wieldy via the Service, please notify SportsEngine's copyright wage-earner as set along in the DMCA. For your complaint to be valid under the DMCA, you must provide the pursuit information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you requirement has been infringed; Identification of the material that is personal to be infringing and where it is located on the Service; Information reasonably sufficient to permit SportsEngine to contact you, such as your address, telephone number, and, e-mail address; A statement that you have a good faith weighing that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the whilom information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The whilom information must be submitted to the pursuit DMCA Agent: Attn: DMCA NoticeSportsEngine, Inc. Address: 807 Broadway Street NE, Suite 300 Minneapolis, MN 55413 Telephone: 888-255-7840 Fax: 866-239-7882 Email: [email protected] UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying SportsEngine and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SportsEngine's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be prudent to contact an shyster regarding your rights and obligations under the DMCA and other workable laws. In vibrations with the DMCA and other workable law, SportsEngine has unexplored a policy of terminating, in towardly circumstances, Users who are deemed to be repeat infringers. SportsEngine may moreover at its sole discretion limit wangle to the Service and/or terminate the finance of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Privacy We superintendency well-nigh the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and volume data as set along in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. In addition, if you are, or represent, an Organization, to the extent you or your Organization shares with any third party data that is placid by or stored on the Service, you represent and warrant that you have all required consents to collect and share such data with such third parties. Children's Data Privacy The Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain well-spoken and verifiable parental consent surpassing receiving personal information from children under 13. SportsEngine Service is not directed to children under 13. If you are a Organization, parent, or other User, you certify you will not permit or request that children under 13 submit information to the SportsEngine Service directly. We recommend that Organizations provide a reprinting of our Privacy Policy to parents and guardians of any children whose information the Organization may submit to the SportsEngine Service. Our Rights SportsEngine Content Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "SportsEngine Content"), and all Intellectual Property Rights related thereto, are the sectional property of SportsEngine and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in thisTry-onshall be deemed to create a license in or under any such Intellectual Property Rights, and you stipulate not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SportsEngine Content. Use of the SportsEngine Content for any purpose not expressly permitted by thisTry-onis strictly prohibited. You may segregate to or we may invite you to submit comments or ideas well-nigh the Service, including without limitation well-nigh how to modernize the Service or our products, and requests for improvements to the Service may be contained in an order form, statement of work, or otherwise (collectively, "Idea(s)"). By submitting any Idea, you stipulate that your disclosure is gratuitous, unsolicited and without restriction and will not place SportsEngine under any fiduciary or other obligation, and that we are self-ruling to use the Idea without any spare bounty to you, and/or to unroll the Idea on a non-confidential understructure or otherwise to anyone. Any improvements made to the Service as a result of any Idea will be solely owned by SportsEngine. You remoter unclose that, by visa of your submission, SportsEngine does not waive any rights to use similar or related ideas previously known to SportsEngine, or ripened by its employees, or obtained from sources other than you. SportsEngine DataUnrepealableaspects of the Service may indulge you to obtain, view or wangle unrepealable league, game, team, or player statistics or records, fictional property representing real-world or virtual achievements, or to wangle other data or information which has been provided by other User(s) or ripened by SportsEngine ("SportsEngine Data"). You understand and stipulate that regardless of terminology used, SportsEngine Data represents a limited license right governed solely by the terms of thisTry-onand misogynist for distribution at SportsEngine's sole discretion. SportsEngine Data is not redeemable for any sum of money or monetary value from SportsEngine at any time. You unclose that you do not own the worth you use to wangle the Service, nor do you possess any rights of wangle or rights to data stored by or on behalf of SportsEngine on SportsEngine servers, including without limitation any data representing or embodying any or all of your SportsEngine Data. You stipulate that SportsEngine has the wool right to manage, regulate, control, modify and/or eliminate SportsEngine Data as it sees fit in its sole discretion, in any unstipulated or specific case, and that SportsEngine will have no liability to you based on its exercise of such right. All data on SportsEngine's servers are subject to deletion, transubstantiation or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON SportsEngine'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN SportsEngine'S SOLE DISCRETION, INCLUDING AT THE REQUEST OF ANOTHER USER OR OTHER THIRD PARTY, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. SportsEngine DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SportsEngine'S SERVERS. Paid Services Paid ServicesUnrepealableaspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, your use of such aspects of the Service shall be subject to thisTry-onand the Subscriber Terms and Conditions [link]. You moreover stipulate to be unseat by the specific terms included in any order form, statement of work, or the like (if applicable) to which you indicate your visa (for instance, by signing the form or via online click-through acceptance, or by making related payments to SportsEngine). If there is any mismatch between the Subscriber Terms and Conditions and thisTry-onwith respect to your use of the paid aspects of the Service, the Subscriber Terms and Conditions shall prevail. If you make a registration payment or other payment to an Organization via the Service, you stipulate that the transaction is solely between you and that Organization and any refund requests, including without limitation in the specimen of incorrect charges or unfulfilled orders, must be made directly to that Organization. Payment Processing Services If you are or you represent an Organization that signs up for any speciality of the Service by which SportsEngine will facilitate the processing of payments Users make to such Organization by credit card, debit card, or other payment method, you unclose that SportsEngine may contract with various third parties, such as banks and payment processors, to facilitate such payment processing. You must enter into a Sub-MerchantTry-on(the "Sub-Merchant Agreement") with us and such third parties as we may select from time to time prior to SportsEngine providing any services to facilitate the processing of payments Users make to such Organization.PreliminariesScreening Services If you use the Service to self-mastery preliminaries screening of third parties, you acknowledge, certify, and/or stipulate that: (i) the preliminaries screening services are provided by a third party supplier under contract with SportsEngine; (ii) the coverage and verism of criminal record research is limited by the respective jurisdictions, which regulate the data, and that this data may contain errors and omissions that cannot be controlled by SportsEngine or its suppliers; (iii) SportsEngine and its suppliers provide preliminaries checks only without (a) you have provided the write-in with a well-spoken and conspicuous disclosure, in writing, that complies with the Fair Credit Reporting Act ("FCRA") that a preliminaries trammels on the write-in may be obtained for employment purposes, and (b) you have received a signed passport from the write-in to obtain preliminaries checks; (iv) you have provided such disclosure and obtained such passport surpassing submitting your request for a preliminaries check; (v) you will use the preliminaries reports solely for employment purposes as specified in the FCRA; (vi) within twenty-four (24) hours of a request by SportsEngine, you will provide a hardcopy of these authorizations; and (vii) surpassing taking any wrongheaded whoopee versus any applicant, based in whole or in part on the preliminaries report, you will provide the write-in with a pre-adverse whoopee notice, a reprinting of the preliminaries report, and "A Summary of Your Rights Under the Fair Credit Reporting Act," issued by the Consumer Finance Protection Bureau. Mobile Charges You may use mobile data in connection with SportsEngine's mobile software applications and/or opt-in to receive unrepealable notifications or information via text messaging. You may incur spare charges from your wireless provider for these services. You stipulate that you are solely responsible for any such charges. Indemnity You stipulate to defend, indemnify, and hold harmless SportsEngine and its subsidiaries, agents, licensors, managers, and other united companies, and their employees, contractors, agents, officers and directors, from and versus any and all claims, damages, obligations, losses, liabilities, financing or debt, and expenses (including but not limited to attorney's fees) welling from: (i) your use of and wangle to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your violate of any of the representations and warranties above, such as your failure to obtain any necessary consents for submission of User Content or other information to the Service or to SportsEngine; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any workable law, rule or regulation; (v) any of your User Content or any that is submitted via your account; (vi) any other party's wangle and use of the Service with your unique username, password or other towardly security code; (vii) your involvement with or participation in any Organizations' activities (if applicable); (viii) in the specimen of an Organization, any other User's involvement with you or participation in your activities (if applicable); (ix) your use of preliminaries screening services, inaccuracies in the screening results, or the reliance on those preliminaries screenings by any third parties; and/or (x) in the specimen of an Organization, your violation of any term of the Sub-Merchant Agreement, if applicable. Your obligations under this Section 6 will survive termination of this Terms of Use Agreement. No Warranty THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTSENGINE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SPORTSENGINE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT (INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED IN CONNECTION WITH BACKGROUND SCREENING) IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. SPORTSENGINE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the preliminaries screening materials provided to you if you segregate to use the preliminaries screening tool. SPORTSENGINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPORTSENGINE SERVICE OR ANY HYPERLINKED OR EMBEDDED WEBSITE OR SERVICE (INCLUDING WITHOUT LIMITATION THOSE OFFERED BY OTHER USERS, SUCH AS ORGANIZATIONS), AND SPORTSENGINE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPORTSENGINE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SPORTSENGINE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPORTSENGINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SPORTSENGINE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $25.00. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPORTSENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. The Service is controlled and operated from facilities in the United States. SportsEngine makes no representations that the Service is towardly or misogynist for use in other locations. Those who wangle or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all workable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity obstructed or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. Governing Law, Arbitration, and Class Action/Jury Trial Waiver Governing Law You stipulate that: (i) the Service shall be deemed solely based in Minnesota; and (ii) the Service shall be deemed a passive one that does not requite rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Minnesota. ThisTry-onshall be governed by the internal substantive laws of the State of Minnesota, without respect to its mismatch of laws principles. The parties unclose that thisTry-onevidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any mediation conducted pursuant to the terms of thisTry-onshall be governed by the FederalMediationAct (9 U.S.C. §§ 1-16). The using of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You stipulate to submit to the personal jurisdiction of the federal and state courts located in Hennepin County, Minnesota for any deportment for which we retain the right to seek injunctive or other equitable relief in a magistrate of competent jurisdiction to prevent the very or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set along in theMediationprovision below, including any provisional relief required to prevent irreparable harm. You stipulate that Hennepin County, Minnesota is the proper forum for any appeals of an mediation ribbon or for trial magistrate proceedings in the event that the mediation provision unelevated is found to be unenforceable.MediationREAD THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SportsEngine. For any dispute with SportsEngine, you stipulate to first contact us at [email protected] and struggle to resolve the dispute with us informally. In the unlikely event that SportsEngine has not been worldly-wise to resolve a dispute it has with you without sixty (60) days, we each stipulate to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) welling out of or in connection with or relating to this Agreement, or the violate or so-called violate thereof (collectively, "Claims"), by tightness mediation by JAMS, Inc. ("JAMS"), under the Optional ExpeditedMediationProcedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The mediation will be conducted in Hennepin County, Minnesota, unless you and SportsEngine stipulate otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, legalistic and arbitrator fees in vibrations with JAMS rules, and the ribbon rendered by the arbitrator shall include financing of arbitration, reasonable attorneys' fees and reasonable financing for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you wield for and successfully obtain a fee waiver from JAMS; (ii) the ribbon rendered by the arbitrator may include your financing of arbitration, your reasonable attorney's fees, and your reasonable financing for expert and other witnesses; and (iii) you may sue in a small claims magistrate of competent jurisdiction without first engaging in arbitration, but this does not vindicate you of your transferral to engage in the informal dispute resolution process. Any judgment on the ribbon rendered by the arbitrator may be entered in any magistrate of competent jurisdiction. Nothing in this Section shall be deemed as preventing SportsEngine from seeking injunctive or other equitable relief from the courts as necessary to prevent the very or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. Class Action/Jury Trial Waiver WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SPORTSENGINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.UnstipulatedAssignment This Agreement, and any rights and licenses granted hereunder, may not be transferred or prescribed by you, but may be prescribed by SportsEngine without restriction. Any attempted transfer or work in violation hereof shall be null and void. Notification Procedures and Changes to theTry-onSportsEngine may provide notifications, whether such notifications are required by law or are for marketing or other merchantry related purposes, to you via email notice, written or nonflexible reprinting notice, or through posting of such notice on our website, as unswayable by SportsEngine in our sole discretion. SportsEngine reserves the right to determine the form and ways of providing notifications to our Users, provided that you may opt out of unrepealable ways of notification as described in this Agreement. SportsEngine is not responsible for any will-less filtering you or your network provider may wield to email notifications we send to the email write you provide us. SportsEngine may, in its sole discretion, modify or update thisTry-onfrom time to time, and so you should review this page periodically. When we transpiration theTry-onin a material manner, we will update the ‘last modified' stage at the marrow of this page. Your unfurled use of the Service without any such transpiration constitutes your visa of the new Terms of Use. If you do not stipulate to any of these terms or any future Terms of Use, do not use or wangle (or protract to access) the Service.UnshortenedAgreement/Severability This Agreement, together with any amendments and any spare agreements you may enter into with SportsEngine in connection with the Service (such as Subscriber Terms and Conditions, order forms, or statements of work), shall constitute the unshortened try-on between you and SportsEngine concerning the Service. If any provision of thisTry-onis deemed invalid by a magistrate of competent jurisdiction, the invalidity of such provision shall not stupefy the validity of the remaining provisions of this Agreement, which shall remain in full gravity and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the unshortened mediation try-on shall be unenforceable. No Waiver No waiver of any term of thisTry-onshall be deemed a remoter or standing waiver of such term or any other term, and SportsEngine's failure to predicate any right or provision under thisTry-onshall not constitute a waiver of such right or provision. Contact Please contact us at [email protected] with any questions regarding this Agreement. ThisTry-onwas last modified on January 10, 2015 SportsEngine is part of SportsEngine Inc.