When you use the Services, you certify that (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, your parent has consented to your use of the Services by providing Purchase Profile details (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Services by providing Purchase Profile details. You also certify that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction
The Services, including all Services software, databases, coding, technology and Content (any intellectual property and other rights relating contained therein) including, without limitation, the “look and feel” and Services and Content layout, is owned and operated by ESR. You acknowledge that the Services is protected by copyright, trademark and other laws (no ownership rights by using the Services or the Content are extended to any party.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of ESR and ESR’s advertisers, licensors, suppliers and others. The Trademarks owned by ESR, whether registered or unregistered, may not be used in connection with any product or service that is not offered by ESR, in any manner that is likely to cause confusion with customers, or in any manner. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of ESR, ESR’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and ESR will aggressively enforce its intellectual property rights in such Trademarks.
You may have fundamentally fair use of Trademarks owned by ESR in advertising and promotional Content, and in referring to ESR’s products and services without ESR’s permission, provided you follow standard trademark usage practices and provide proper attribution to ESR. Other uses that are not “fundamentally fair use” require written permission from ESR. Please make such requests by email to firstname.lastname@example.org.
You may browse the Services and view content without registering, but as a condition to using certain aspects of our Services, you may be required to register with ESR and select a password and user name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
ESR is not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to protect identity. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by contacting us at email@example.com. In the event of any dispute between two or more parties as to account ownership, you agree that ESR will be the sole arbiter of such dispute in its sole discretion and that ESR’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
User Content Behavior. In connection with User Content and your use of the Services, you agree that you will not, nor permit anyone else to, indirectly or directly:
submit information that includes non-public personal or identifying information about another person without that person’s explicit written consent;
upload, post or otherwise make available any User Content that you do not have a right to make available under any law;
make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
access or attempt to access parts of our Services that you are not authorized by ESR, breach any security or password protection on the Services, access the Services by any means other than through the interface provided by ESR;
impersonate any person or entity, whether actual or fictitious, including any representative of ESR;
modify any software or database software for the Services in any manner;
use our Services to harm minors in any way;
engage any spamming or email exercise or load other Content that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
remove any copyright, trademark or other proprietary rights notices contained on the Services;
use any robot, bot, spider, offline reader, Services search/retrieval application or other manual or automatic device to retrieve, index, data mine, scrape or in any way reproduce our databases, files or otherwise;
collect information about Services visitors or members without their express consent;
You understand that the technical processing and transmission of the Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Services and software embodied within the Services may include security components that permit digital Content to be protected, and that use of this Content is subject to usage rules set by ESR and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content provided on the Services, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to ESR through any of its media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) ESR is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) ESR shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) ESR may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of ESR without any obligation of ESR to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ESR under any circumstances.
Descriptions or images of, or references to, third party products or services do not imply ESR’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to ESR’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your registration may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Services.
Charges and Billing. The Services may require payment of access fees. By registering for the Services, you hereby authorize ESR to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service, purchase or registration for your account. You hereby understand and agree that in most cases, ESR will be charging your designated credit card in accordance with the payment schedule of the Service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify ESR of any changes to your credit card or if your credit card has expired, otherwise your access to the Service may be disconnected or interrupted. You shall additionally be responsible for and shall immediately pay ESR, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal. All fees shall be paid in U.S. dollars.
ESR reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which ESR does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after ESR posts such modification on the Services. ESR also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your account or any associated optional or upgraded services therefore at any time, but ESR will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
Parties other than ESR provide services, or sell products or access to their Events on the Services. You may order services or merchandise through the Services from other persons not affiliated with ESR (“Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. ESR makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider ESR, nor will ESR be construed as, a party to such transactions, whether or not ESR may have received some form of revenue or other remuneration in connection with the transaction. You agree that ESR will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. ESR does not assume any responsibility or liability for the actions, product or content of all these and any other third parties.
Information Provided by ESR. Although ESR strives to provide Content that are both useful and accurate, the nature of the data and other information contained on the Services are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although ESR endeavors to use reasonable care in assembling the Content, the Content may not be up-to-date, accurate or complete.
In addition, portions of the Content have been contributed to the Services by various sports information directors, writers, coaches, fans, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and ESR expressly disclaims any liability with respect to the foregoing.
Links. As a convenience to our members, we may provide links to third-party web Services. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party web Services or applications are solely between you and such third party. Unless otherwise explicitly stated, ESR is not responsible for the content, goods or services provided on or through such web Services, any updates or changes to such Services, for your use or inability to use such Services, or the privacy or other practices of such Services, and the fact that ESR offers such links does not indicate any approval or endorsement of any material contained on any linked Services. The linked Services are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any Services to which we may provide links. ESR expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party web Services or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against ESR with respect to such Services.
YOU AGREE THAT YOUR USE OF INTERNET WEB SERVICES AND RESOURCES NOT CONTROLLED BY ESR, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE THROUGH SUCH WEB SERVICES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SERVICES AND RESOURCES.
Access By Minors. ESR encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Services. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors
10. Disclaimers. THE SERVICES, THE CONTENT ON THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE INFORMATION ON THE SERVICES OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ESR NOR MEMBERS OF THE SERVICES, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SERVICES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ESR ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SERVICES CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SERVICES.
11. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER ESR NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT CONTAINED ON THE SERVICES, ANY LINKED SERVICES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ESR SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SERVICES, PRODUCTS, SERVICES OR ANY LINKED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR ANY LINKED SERVICES; (III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH ESR; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ESR; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ESR; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY LINKED SERVICES; (VIII) ANY FAILURE OF ANOTHER USER TO THE SERVICES TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SERVICES; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SERVICES; AND/OR (XV) ANY OTHER MATTER RELATING TO THE SERVICES, OR ESR PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF ESR, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY ESR FROM YOU OR $100 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Arbitration Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Any Notice to us should be addressed to: Chief Legal Officer, c/o Max Field Hockey, LLC (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee up to $350, unless your claim is for greater than $50,000 (as described further below).
Unless both parties agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. Subject to the terms of this arbitration agreement, all Disputes shall be decided by a single arbitrator, who shall be either: (1) a retired federal judge; (2) a retired state court judge who sat on a trial court or appellate court for at least five (5) years; or (3) an attorney admitted to practice in the state in which the Dispute will be resolved for at least twenty-five (25) years with no disciplinary history. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify JAMS (or the AAA, as applicable) and request selection of an arbitrator in accordance with the applicable AAA Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted.
This arbitration agreement is not intended to modify or limit the remedies available to either party, including the right to seek interim relief, such as injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. Any Dispute that is not arbitrated, including any judicial action to enforce this arbitration provision will be litigated exclusively in the United States District Court for the federal district in which you reside and the parties hereby consent and submit to the jurisdiction and venue of such court. If that United States District Court lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by the state court of general jurisdiction embracing the area in which you reside.
The arbitrator shall be required to issue a written arbitration decision including the arbitrator’s essential findings, conclusions and a statement of award. Except as set forth herein, the arbitrator shall have exclusive authority to resolve all Disputes.
14. Connectivity; Mobile. Normal carrier charges and taxes may apply to any Content you access from the Services. ESR is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Services or Services. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
15. Applicable Law. You and ESR agree that the statutes and laws of the State of North Carolina, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Services.
16. U.S. Export Controls. This Services and software derived from this Services is further subject to United States export controls. No software from this Services may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Services or any software derived therefrom, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Notice Regarding Electronic Commercial Services for California Users. Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Notice. ESR may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on the Services. All notices from you to ESR must be sent to Max Field Hockey at firstname.lastname@example.org and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.