Last Updated March 29, 2021
Terms & Conditions
The Terms form a legally binding agreement between you and us. By using OR ACCESSING the Services, you are CONFIRMING THAT YOU CAN FORM A LEGALLY BINDING CONTRACT WITH PRESS SPORTS, AND YOU ARE agreeing to COMPLY WITH these Terms. You understand and agree that we will treat your access or use of the Services as acceptance of theSE Terms from that point onwards. If you do not agree with these terms, please do not access or use the Services.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you sign into your Account (as defined below), or otherwise access, or use the Services. Therefore, we encourage you to review these Terms regularly.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PRESS SPORTS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PRESS SPORTS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Press Sports Services.
1.1 User Content. The Press Sports Services enable athletes, athletic coaches, scouts, and fans to connect with one another through the formation of social media following (referred to within the Services as a “Fan Up”) and interact with and among one another via the Services’ multimedia platform, which features athlete videos and related content (“User Content”). The User Content can be shared, up-voted, and commented upon by other users of the Services. User Content may include video, still images, art, music or other media, subject to your intellectual property obligations described in further detail below.
1.2 User Direct Communications. The Services also feature communications functions whereby users are able to send direct messages to other users. Such direct messages shall be subject to all other obligations contained in these Terms, including, without limitation, obligations prohibiting harassment of other users.
1.3 User Interests. The Services also contain features and functions whereby users can search for and select the sports, athletes, schools, or other areas of interest to them. Users are able to search for User Content based on popularity among other users, affinity with such users’ interests, or according to suggestions furnished by the Services based on such users’ Account (defined below) activity.
2. Your Account.
2.1 Account Activation. To access and use the Services, you must register and establish an account (an “Account”). To register for an Account, you must: (i) be at least thirteen (13) years of age or older; (ii) complete the Account registration form, providing true, accurate, current and complete information in the form requested by us (collectively, the “Registration Data”); and (iii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Although we are not responsible for verifying Registration Data, if we have reasonable grounds to suspect that any of your Registration Data is untrue, inaccurate, stale or incomplete, we may suspend or terminate your Account and prohibit you from accessing or using the Services.
2.2 Account Eligibility. By using the Services, you state that you are above the age of 13 years old. No one under the age of 13 years old is allowed to create an Account or use the Services. Additionally, we must not have previously disabled your account for a violation of law or any of our policies. By using the Services, you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these Terms.
2.3 Account Responsibility. You are solely responsible for any and all activities conducted under your Account. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. We shall not be liable for any loss incurred in connection with or resulting from any party’s unauthorized use of a password or an Account. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your Account or password are solely at your liability – accordingly, you are solely responsible for maintaining the confidentiality of your Account password, username, and any other credentials relating to your Account. Unauthorized use of another’s Account or password is strictly prohibited.
2.4 Disabling of Accounts. We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
3. Public Area; Acceptable Use.
3.1 Public Areas.
(a) The Services may contain profiles, blogs, message boards, ratings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow users to communicate with other users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Services, you should not share your personal contact information with other users.
(b) You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Press Sports will not be responsible for the action of any users with respect to any information or materials posted in Public Areas.
3.2 Acceptable Use.
(a) Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
(i) access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
(ii) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
(iii) distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
(iv) market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
(v) use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(vi) interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
(vii) incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
(viii) use automated scripts to collect information from or otherwise interact with the Services;
(ix) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
(x) intimidate or harass another, or post, share, promote or otherwise make available sexually explicit material, or material featuring or encouraging violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(xi) use or attempt to use another’s account, service or system without authorization from Press Sports, or create a false identity on the Services;
(xii) use the Services in any manner that may create a conflict of interest or undermine the purposes of the Services;
(xiii) use the Services in any manner to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
(xiv) use the Services in any manner to distribute or cause to be distributed unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
(xv) use the Services in any manner to distribute or cause to be distributed private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
(xvi) use the Services in any manner to distribute or cause to be distributed material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
(xvii) use the Services in any manner to distribute or cause to be distributed material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
(xviii) use the Services in any manner to distribute or cause to be distributed material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
(xxiv) use the Services in any manner to distribute or cause to be distributed material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
(xxv) use the Services in any manner to distribute or cause to be distributed material that contains a threat of any kind, including threats of physical violence;
(xxvi) use the Services in any manner to distribute or cause to be distributed material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
(xxvii) use the Services in any manner to distribute or cause to be distributed any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
(xxviii) use the Services in any manner to distribute or cause to be distributed any material that, in the sole judgment of Press Sports, is objectionable (including political content) or which restricts or inhibits any other person from using the Services, or which may expose Press Sports, the Services or its users to any harm or liability of any type.
(b) We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
4. Intellectual Property Rights and User Content.
4.1 Rights We Reserve for Ourselves. Press Sports expressly and exclusively reserves for itself any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Services. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof).
4.2 Rights You Grant Us.
(a) You hereby grant to Press Sports a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to Press Sports using the Services or submit or post to the Services User Content. To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant Press Sports, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, image, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any attribution or compensation from Press Sports, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Services or on one of our business partner’s platforms, and correspondingly, you hereby agree to waive any publicity rights and moral rights in the User Content. You are solely responsible for User Content, and Press Sports acts merely as a conduit for your online distribution and publication of your User Content. You acknowledge and agree that Press Sports is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content; provided, however, Press Sports may repurpose, edit, and redistribute User Content as it sees fit and in its sole discretion. Further, you acknowledge and agree that Press Sports has no obligation to monitor or review User Content but reserves the right to limit or remove User Content if it is not compliant with the terms of this Agreement.
(b) You hereby represent and warrant to Press Sports that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (iii) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; (iv) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (v) will not be defamatory, libelous, malicious, threatening, or harassing; (vi) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vii) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Press Sports or otherwise purport to act as a representative or agent of Press Sports; and (ix) will not create liability for Press Sports or cause Press Sports to lose (in whole or in part) the services of its Internet Service Providers or other partners or suppliers.
(c) The Services may, now or in future, host User Content relating to scouting reports, athletic program reviews, commentary, and ratings of specific other users (“Comments”). Any Comments created by a user and shared through the Services is such user’s opinion and not the opinion of Press Sports and has not been verified or approved by Press Sports. You agree that Press Sports is not responsible or liable for any Comments or other User Content. Press Sports encourages each user, if such user is giving Comments, to give objective, constructive and honest Comments about the other users with whom they have interacted. Press Sports is not obligated to investigate any remarks posted by users for accuracy or reliability or to consider any statements or materials posted or submitted by users about any Comments but may do so in its sole and absolute discretion. You agree that Comments enable users to post and other users to read about users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Comments.
(d) Over the course of your use of the Services, you may submit suggestions, ideas and/or feedback (collectively “Feedback”) to Press Sports. You agree that Press Sports will own all Feedback and you hereby assign to Press Sports all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
4.3 Rights We Grant You.
(a) Subject to your full compliance with these Terms and any other usage policies that Press Sports may enact, from time to time, Press Sports grants you a personal, non-exclusive, revocable, worldwide, royalty-free, non-assignable, non-transferrable, and non-sublicensable license to use the Press Sports website and downloadable software application for the sole purpose of accessing and using the Services.
(b) You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
5. Copyright Policy.
5.1 Copyright Complaints.
(a) If you believe that your work has been reproduced in the Services in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification to our copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will process, investigate, and respond expeditiously to notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement
(b) If you file a notice with our Copyright Agent, the notice should be filed with our Copyright Agent:
Press Sports App, Inc.
Attn: Copyright Agent
75 5th St NW, Atlanta, GA 30308
Ⓒ 2022 Press Sports App, Inc.
email: [email protected]
(c) If you file a notice with our designated agent, the notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) (or any successor statute thereto). That means that such notice must:
(i) Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(ii) Identify the copyrighted work claimed to have been infringed;
(iii) Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
(iv) Provide your contact information, including your address, telephone number, and an email address;
(v) Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
(a) If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to our Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located Atlanta, Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(b) If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
5.3 Acknowledgement. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
5.4 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5.5 Other Intellectual Property Claims. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark) by noting this in your written notice.
6.1 Deletion of Account by You. If you no longer want to use our Services again, and would like your Account deleted, contact us at: [email protected]. We will provide you with further assistance and guide you through the process. Once you choose to delete your Account, you will not be able to reactivate your Account or retrieve any of the User Content or information you have added.
6.2 Termination of Your Account by Us. We may terminate your Account and/or Services access, at any time for any reason (or no reason), in our sole and absolute discretion. Reasons for termination may include, but are not limited to, (a) violation of the Terms or of any terms and conditions or policies applicable to the Services or any of our other websites or service or those of its affiliates or partners; (b) abuse of the Services resources or attempt to gain unauthorized entry to the Services or its resources; (c) use of the Services in a manner inconsistent with its intended purpose as a user hereunder; or (d) as required by law, regulation, court or governing agency order. The termination of your access to the Services may be effective immediately. Press Sports shall not be liable to you or any other third party for termination of your Account.
6.3 Survival Upon Termination. Upon the closure of your Account by you or termination of the same by Press Sports, you continue to be bound by those of these Terms that survive termination, either expressly or by virtue of reasonable construction of their nature.
7. Security. While we work to protect the security of our Services, we cannot guarantee that unauthorized third-parties will not be able to defeat the security measures of the Services. If you choose, or are provided with any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any breach of security of the Services of which you become aware.
8. Third-Party Links, Services, and Services. The Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute any endorsement by us or association with those websites, their content or their operators. Such links (including, without limitation, external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. We do not control any such websites, and are not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that we are not involved in the creation or development of third-party websites and disclaim any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that we have no obligation to monitor, review, or remove links to third-party websites, but reserve the right to limit or remove links to third-party websites on the Services, in our sole discretion. The use of any website controlled, owned or operated by a third-party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Services.
9. Indemnity. You agree to defend, indemnify, and hold harmless Press Sports, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
10. Disclaimer of Warranties. NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. SUBJECT TO THE FOREGOING, THE SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESS SPORTS AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PRESS SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRESS SPORTS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID PRESS SPORTS, IF ANY, IN THE LAST 12 MONTHS.
12. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
12.1 Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our support department at [email protected]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
(a) Where the relief sought is ten thousand dollars ($10,000), or less, and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(b) Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Atlanta, Georgia. Where the relief sought is between $10,001 and $250,000, arbitration shall be before a single arbitrator in accordance with the JAMS Streamlined Arbitration Procedure Rules. Where the relief sought exceeds $250,000, arbitration shall be before a panel of three arbitrators in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 1201 W Peachtree, NW, Suite 2650, Atlanta, Georgia 30309; and (c) send one copy of the Demand for Arbitration to us at 470 East Paces Ferry Road, Atlanta, Georgia 30305 ATTN: Legal. You will be required to pay $250.00 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(d) The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(e) The parties further agree to submit to the personal jurisdiction of any federal or state court in Fulton County, Georgia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
12.3 Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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 an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
12.4 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
12.6 Changes to this Section.
(a) We will provide at least thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver Section by posting on our Services. Amendments will become effective thirty (30) days after they are posted on our Services.
(b) Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
12.7 Arbitration Agreement Survival. This arbitration agreement shall survive the termination of your relationship with us.
13. Contact Us. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].
14.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of Delaware, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Fulton County, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.
14.2 No Conflicts. These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.
14.3 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and our obligations hereunder at any time, in our sole discretion.
14.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.
14.5 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
14.6 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
14.7 No Third-Party Beneficiaries. These Terms are personal to you and to us, and no third-party shall be considered a beneficiary hereof, for any purpose.
14.8 No Agency or Employment. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
14.9 Equitable Relief. You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.
14.10 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.