Terms of Use

Effective Date December 1, 2021; Updated July 18, 2023

Welcome to SportsEngine, we are the Home of Youth Sports™ and the world’s leading provider of Sport Relationship Management (SRM) software, empowering athletes, parents, coaches, and sports organization administrators with tools and services to manage their organizations and sports lives. The SportsEngine Services are made available to you by SportsEngine, Inc., and its affiliated companies (including successors & assigns, “SportsEngine,” “we,” “us” or “our”).

SportsEngine is part of NBC Sports Next, a division of NBCUniversal Media, LLC (“NBCUniversal”).

These Terms of Use set out the agreement between you and SportsEngine regarding how you can use the SportsEngine Services, and what responsibilities you and SportsEngine have to each other. These Terms of Use contain important information regarding your legal rights BY USING THE SPORTSENGINE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, which describes how we collect, use, and share information from or about you when you use the SportsEngine Services and is incorporated herein by reference. Please read them carefully.

1. GENERAL

1.1 General. We provide a number of online and mobile products and services that you can view, access and use via our websites, mobile apps, software, content, or other online products and services (including all Content therein, the “SportsEngine Services”), including without limitation team, league, tournament or other pages and applications hosted on or provided by SportsEngine that are subject to and governed by these Terms of Use. SportsEngine, Inc. is based in Minneapolis at 807 Broadway, Minneapolis, MN 55413. We operate worldwide across a number of sports. As of the date stated above, our brands, products and services include: SportsEngine AES, BracketPal, SportsEngine HQ, SportsEngine Motion, SportsEngine Play, TeamUnify, and Tourney Machine.

1.2 Acceptance of the Terms of Use. You may access the SportsEngine Services in accordance with these Terms of Use. You represent that you have read, understood, and agree to be bound by these Terms of Use in connection with your access to and/or use of any of the SportsEngine Services. If you do not agree to these Terms of Use, you may not access or use the SportsEngine Services. By using the SportsEngine Services, you will be deemed to have agreed to the Terms of Use.

1.3 Eligibility.

1.3.1 The SportsEngine Services are for users who are 13 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the SportsEngine Services in accordance with U.S. laws and these Terms of Use. 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. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org. If you are under 13 years of age, you must immediately discontinue use or make no further use of the SportsEngine Services. Some of the features of the SportsEngine Services are location-based services, so in order to access these you will be required to turn-on your location settings within your device. If you do not turn on these settings, you will not be able to access or use some of the SportsEngine Services. Your location will be tracked and treated in accordance with our Privacy Policy.

1.3.2 SportsEngine without any liability to you and in its sole discretion may suspend your Account at any time and require proof that you meet any eligibility criteria under these Terms of Use. Failure to comply and/or provide proof, will result in the closure of your Account without any further liability on the part of SportsEngine (including refunds of any monies held within your Account).

1.3.3 By accessing or using the SportsEngine Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the SportsEngine Services will comply with the United States export control and economic sanctions requirements.

1.4 Additional Terms. In addition to the terms of these Terms of Use, and depending on what type of user you are, other terms may also apply to your access and use of the SportsEngine Services:

 

1.4.1 Organization Terms & Privacy Policy. Where you are accessing or using the SportsEngine Services because you are a User of an Organization, you acknowledge and agree that your access and use will be subject to any designated Terms & Conditions imposed by the Organization, and any personal information uploaded or provided by the Organization to SportsEngine in connection with the SportsEngine Services will be subject to the Organization’s Privacy Policy.

 

1.4.2 SportsEngine Privacy Policy. Where you are accessing or using the SportsEngine Services because you are a User of an Organization, including an Administrator, you acknowledge and agree that SportsEngine’s collection and use of information from or about you when you use the SportsEngine Services shall be governed by our Privacy Policy. You also agree that, where relevant, with regard to any information or documents you upload to SportsEngine that are required for eligibility determinations for any leagues or tournaments you wish to enter – including birth certificates, medical waivers, or proof of vaccination – you are specifically directing SportsEngine to share that information with the relevant Organization that requested the information and all additional entities that are required to review it to determine eligibility for the sport, league or tournament, subject to each recipient’s privacy policy.

 

1.4.3 Background Screening Services. Where you use background screening services, which are provided by SportsEngine affiliate the National Center for Safety Initiatives, LLC (“NCSI”), you acknowledge and agree that your use of such services will be subject to NCSI’s Terms and Conditions and Privacy Policy. NCSI provides these services separately and independently.

 

1.5 Modifications. YOUR ACCESS TO OR USE THE SPORTSENGINE SERVICESIS GOVERNED BY THE THEN-CURRENT TERMS OF USE. We may modify these Terms of Use from time to time in our sole discretion and such modification shall be effective once posted to this site. Your continued access or use of the SportsEngine Services after we post changes to these Terms of Use will be deemed acceptance of these Terms of Use as modified. We encourage you to check back here for any such changes from time to time.

1.6 Account Registration. You may be asked to provide registration information in order to access some of the SportsEngine Services. You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The SportsEngine Services and any usernames or passwords you use to access the SportsEngine Services ("Passwords") are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the SportsEngine Services. You may terminate your account for any reason or no reason. We have the right to disable your Account or password, whether chosen by you or allocated by us, at any time for any reason, including if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or if we (or the applicable Organization) know or suspect that anyone else knows or is using your credentials.

 

2. DEFINITIONS

The SportsEngine Services are aimed at the following categories of users:

Organization: The organization is the sports governing body, federation, league, team, club or similar entity or organization, that accesses or uses the SportsEngine Services.

Administrator(s): The person(s) nominated by the Organization that has control over the use and overall administration of the Organization’s use of the SportsEngine Services and includes anyone else who is given administrative access to the SportsEngine Services.

Users: End users of any of the SportsEngine. This includes account holders, athletes/players/participants (if over 13), parents and guardians, members, coaches, sports officials, Administrators, volunteers, managers or any other person who views, accesses and uses the SportsEngine Services or could otherwise be an end-user of the Organization.

Organization Data: means any Personal Data that relates to the Organization’s Members that SportsEngine processes in relation to SportsEngine’s provision of the SportsEngine Services and that is not SportsEngine Data. For avoidance of doubt, Organization Data does not include SportsEngine Data even if the same data was also collected as Organization Data and any such duplicate data relating to the Organization’s Members that SportsEngine processes in relation to SportsEngine’s provision of the SportsEngine Services remains Organization Data.

SportsEngine Data: means information you provide to us directly and independently when using the SportsEngine Services, including but not limited to contact and account registration information, demographics information, interests and preferences, transactional and membership information, user-generated content, audio and video, research and feedback data, and information we collect for business-to-business relationships, including but not limited to business contact information, transactional information, demographics, and due diligence information. SportsEngine Data also includes information we collect automatically from you and / or your device, such as device information and identifiers, connection and usage, data, and geolocation.

 

3. SERVICES

 

3.1 Availability of Services. We grant you a limited, non-sublicensable, non-transferable license to access and use the SportsEngine Services for your personal use, and only in accordance with these Terms of Use. Except as we specifically agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized SportsEngine Services made available to you. To the extent the SportsEngine Services make Content available for download, we grant you the right to download such Content onto the device on which you use the SportsEngine Services in compliance with these Terms of Use. We may change, suspend or discontinue any or all of the SportsEngine Services at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the SportsEngine Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.

3.2 Wireless Features. The SportsEngine Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device.

3.3 Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the SportsEngine Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.

 

4. CONTENT

 

4.1 SportsEngine Content. The SportsEngine Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, website designs and templates, and audio (collectively, “Content”). As between SportsEngine and you, SportsEngine owns all right, title and interest in and to or has a right and license to use the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the SportsEngine Services and Content, including as incorporated into User-Generated Content. Except as expressly stated in these Terms of Use, nothing in these Terms of use shall be deemed to convey to you any right, title or interest in or to the SportsEngine Services or Content. To the extent the SportsEngine Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), SportsEngine hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these Terms of Use or any other additional terms and conditions associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User-Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You assign to us of all rights worldwide in the work you create for the duration of copyright in the User-Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.

4.2 User-Generated Content. The SportsEngine Services may include opportunities for you or others to upload, post, publish, publicly display, transmit or otherwise distribute (“Upload”) text, files, images, photos, audio, video, clips, sounds, musical works, works of authorship, or any other content or materials on or through the SportsEngine Services (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, SportsEngine is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing SportsEngine properties or not). Except as expressly set forth in these Terms of Use, your Organization shall continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by SportsEngine or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us). You are solely responsible for any third-party Content in your User-Generated Content and for the use of the User-Generated Content, including on our platforms and through the SportsEngine Services. We are under no obligation to host or serve any Content or User-Generated Content and reserve the right to remove such Content, your User-Generated Content and/or any other content at our sole and absolute discretion.

4.2.1 License to User-Generated Content. You hereby grant to SportsEngine a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable through multiple tiers (including to other users of the SportsEngine Services), fully paid up, and transferable (in whole or part) worldwide license to use, reproduce, transmit, adapt, prepare derivative works based on, publicly display, publicly perform, exhibit, modify, edit, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, any User-Generated Content (including your name, image, likeness and voice as they appear in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You hereby grant to SportsEngine the right to monetize the Content and any User-Generated Content (and such monetization may include selling or using commercial elements (e.g., pre-roll, mid-roll, post-roll, banner ads and dynamic advertising) on or within such Content or charging users a fee for access). SportsEngine shall retain any and all revenue from the sale or use of such commercial elements. This Agreement does not entitle you to any payments. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above.

4.2.2 Use and Distribution of User-Generated Content. You agree that SportsEngine may give you attribution for you User-Generated Content, but we are not required to do so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.

4.2.3 Public Nature of SportsEngine Services. You acknowledge that you upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-Generated Content. We make no guarantees to remove User-Generated Content from the Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your Account

4.2.4 No Responsibility for User-Generated Content. SportsEngine is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided under our Infringement Policy. User-Generated Content may not reflect the views of SportsEngine and we do not endorse any User-Generated Content that you or other users upload.

4.3 Infringement Policy. If you believes that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content.

5. RESTRICTIONS; USE OF THE SPORTSENGINE SERVICES 

5.1 Prohibited Actions. You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability. Your privilege to use the SportsEngine Services depends on your compliance with the list of Prohibited Actions and with the terms of these Terms of Use. If you believe any Content (including User-Generated Content) does not comply with these Terms of Use, including by violating these Terms of Use, rules regarding Prohibited Actions, or the law, you can report it to us by contacting our support team online or via email at [email protected].

We reserve the right to take any and all steps available to us, including revoking, suspending, or terminating your privileges to access and use all or a portion of the SportsEngine Services and/or take any other appropriate measures to enforce the Agreements.

5.2 Investigations, Monitoring, and User Disputes. SportsEngine may, but is under no obligation to, examine, record, copy and disclose your use of the SportsEngine Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of or suspect any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users, terminating accounts, suspending and terminating subscriptions to the SportsEngine Services, blocking access to the SportsEngine Services or taking other corrective action we deem appropriate without liability. You are solely responsible for your use of the SportsEngine Services, User-Generated Content, and any interaction with other users of the SportsEngine Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you, your Organization, its Administrators, Members, and any other users of the SportsEngine Services.

5.3 Termination and Suspension. Termination, suspension or cancellation of your Account, subscription or access to the SportsEngine Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. SportsEngine may, in its sole discretion, elect to Terminate your Account, subscription or access to the SportsEngine Services immediately with or without notice to you. Upon such Termination, all rights granted you in these Terms of Use will automatically terminate and immediately revert to us. In the event of such Termination, you shall not

be entitled to any refunds. Following such Termination, these Terms of Use shall remain in full force and effect with respect to your past and future use of the SportsEngine Services, including all rights granted by you to us.

6. REPRESENTATIONS & WARRANTIES.

6.1 You represent and warrant to SportsEngine that:

6.1.2 you shall comply with all applicable federal, state, and local laws, rules and regulations;

6.1.3 if you are under eighteen (18) years of age, you further represent and warrant that you either: (a) are an emancipated minor, or (b) possess legal parental or guardian consent to enter into these Terms of Use and use the SportsEngine Services;

6.1.4 you are the sole owner of the User-Generated Content and any other intellectual property or materials provided to SportsEngine (including any names, symbols, seals, emblems, logos, insignia, trademarks or other intellectual property) or otherwise has the legal right to Upload and license the User-Generated Content to SportsEngine as set forth in Section 4 of these Terms of Use;

6.1.5 the exhibition, public display, or other use of the User-Generated Content on or through the SportsEngine Services as set forth in these Terms of Use by SportsEngine does not violate the privacy rights, publicity rights, intellectual property or proprietary rights, contract rights or any other rights of any person or entity;

6.1.6 you have obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws) in order to Upload User-Generated Content and for SportsEngine to use, distribute and exercise the rights granted in Section 4 with respect to such User-Generated Content; and

6.1.7 to the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User-Generated Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to SportsEngine, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User-Generated Content posted by you to or through the SportsEngine Services.

7. THIRD PARTY SERVICES & THIRD PARTY PLATFORM PROVIDERS

7.1 Third Party Services. The SportsEngine Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any SportsEngine Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the SportsEngine Services.

7.2 Third Party Platform Providers. If you access or download the SportsEngine Services via an Apple, Inc., Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these Terms of Use. However, these Third-Party Platform Providers are not party to these Terms of Use and have no obligation to provide maintenance and/or support of the SportsEngine Services. Your access to the SportsEngine Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.

 

8. DISCLAIMERS AND DISPUTES

8.1 Disclaimer of Warranties. We make no representations or warranties as to the SportsEngine Services (which, for purposes of this Section 10 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE SPORTSENGINESERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “SPORTSENGINE PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOUR ORGANIZATION, THE ABOVE EXCLUSIONS WILL APPLY TO YOUR ORGANIZATION ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. With respect to malfunctioning software, SportsEngine’s entire liability and your sole and exclusive remedy shall be the repair or replacement of the software.

8.2 Limitation of Liability.

8.2.1 IN NO EVENT WILL THE SPORTSENGINE PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH SPORTSENGINE SERVICES OR THIS SUBSCRIPTION AGREEMENT EXCEED (i) THE AMOUNT (IF ANY) ACTUALLY PAID BY you TO SPORTSENGINE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR ORGANIZATION’S USE OF THE SPORTSENGINE SERVICES. FURTHERMORE, NONE OF THE SPORTSENGINE PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SPORTSENGINE SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.

8.2.2 BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SPORTSENGINE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

8.2.3 YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCURS ARISING OUT OF THE ACTS OR OMISSIONS OF THE SPORTSENGINE PARTIES OR YOUR USE OF THE SPORTSENGINE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SPORTSENGINE SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

8.3 Indemnification. You agree to defend, indemnify and hold harmless the SportsEngine Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of the Agreements; (ii)

User-Generated Content; and/or (iii) your use of the SportsEngine Services or any use of your account via the SportsEngine Services.

9. DISPUTE RESOLUTION

9.1 Disputes to Be Heard in Court. SportsEngine and you agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms of Use or regarding (i) your use of or interaction with the SportsEngine Services, (ii) any purchases or other transactions or relationships related to your use of the SportsEngine Services, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction will be resolved in federal or state (including small claims) court and neither party shall be required to arbitrate any claims against the other. Any unfiled claims following the effective date of this agreement shall be resolved in federal or state (including small claims) court as the case may be and this dispute resolution procedure expressly supersedes any prior provision of any agreement.

 

9.2 Applicable Law. These Terms of Use, any additional terms, any Agreements, and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the SportsEngine Services or these Terms of Use. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

 

9.3 Jurisdiction and Venue. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

 

10. ADDITIONAL TERMS

 

10.1 Notice for California Users. Under California Civil Code Section 1789.3, California users of the SportsEngine Services 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 Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online here.

10.2 No Waiver. No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.

10.3 Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

10.4 Entire Agreement. These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

10.5 Assignment. These Terms of Use are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any assignment without our consent shall be void and invalid at the outset.

10.6 Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

10.7 Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these Terms of Use.

10.8 Survival. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 8, rules regarding dispute resolution in Section 9, and the general provisions in this Section 10.

11. SUPPLEMENTAL TERMS: Subscription Services; Charges & Fees; Automatic Renewal and Payment Method; Cancellations and Refunds; Trial Periods/Promotional Offers.

11.1 We may provide some of the SportsEngine Services to you free of charge, while other SportsEngine Services require you to sign up for a subscription and pay a periodic subscription fee (e.g., monthly or annually (the “SportsEngine Subscription Services”). The following Supplemental Terms apply to your use of the SportsEngine Subscription Services. By using any of our SportsEngine Subscription Services that we may offer currently or in the future, you agree to the terms and conditions in these Terms of Use and these Supplemental Terms.

11.2 Account. You must have a valid SportsEngine account to access or purchase a SportsEngine Subscription Service subscription (“Subscription”). By registering an account with us and using the SportsEngine Subscription Services, you confirm that the information you provide during the registration process, including all identification, billing and credit card information, as well as the information already stored in the SportsEngine Services about you, is accurate. You agree to update such information promptly if it changes. Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Account or Subscription and refuse any and all current or future use by you of any of the SportsEngine Services. You agree not to register or subscribe for more than one Account, create an Account on behalf of someone else or create a false or misleading identity on any of the SportsEngine Services.

11.3 Charges & Fees.

(a) Subscription Period. Your Subscription will provide you with access to all of the content and benefits relating to the level of Subscription you select for the period provided during sign-up (“Subscription Period”).

(b) Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access your Subscription. All Subscription fees are non-refundable. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) for payment. If there is a problem charging your default payment method, we may charge any other valid payment method associated with your Account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the SportsEngine Services.

(c) Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice and communicated to you through a posting on the SportsEngine Services or such other means as we may deem appropriate from time to time (including email). Such price increases will be applied on a prospective basis and you will be notified about the increase.

11.4 Automatic Renewal. If you purchase a Subscription, you agree that your Subscription will be automatically renewed for another Subscription Period (for example, monthly or annually) at the then-current price for such Subscription and, except as otherwise stated in the applicable Supplemental Terms, unless you cancel your Subscription, you authorize us to charge your Payment Method for the next Subscription Period. If you terminate a Subscription, you will be responsible for the full amount of the subscription fees for the Subscription Period in which your termination was effective.

11.5 Cancellation & Refunds. You may cancel your Subscription at any time via the methods outlined below. Subscription fees are non-refundable. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. You can cancel your Organization’s subscription via the following methods: (1) by contacting customer service via email ([email protected]); or (2) by such other means as we may provide from time to time. For SportsEngine Play Subscriptions, you can also cancel your Subscription via your Account settings. If you cancel near the end of your billing period and are inadvertently charged for the next Subscription Period's fee, contact customer service to have the charges reversed.

11.6 Trial Periods. We may provide a limited free trial period (“Trial Period”) to certain users regarding certain SportsEngine Subscription Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to additional terms and conditions. If we provide you with access to a Trial Period, then you must provide valid payment method information in order to use the applicable SportsEngine Subscription Services during the Trial Period. We will not charge you for those SportsEngine Subscription Services subject to a Trial Period. If you do not cancel the applicable SportsEngine Subscription Services by the end of your Trial Period, you authorize us to automatically charge your payment method for SportsEngine Subscription Services subsequent to the Trial Period (e.g., for each of the following payment periods for a SportsEngine Subscription Service until terminated). You may cancel your SportsEngine Subscription Services by logging into your Account and visiting the “Subscription” section of your Account Settings page. WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for a SportsEngine Subscription Service before you must begin paying for that SportsEngine Subscription Services. If you exceed this limit, we may charge your chosen payment method for any Trial Period after the first or suspend your use of the SportsEngine Subscription Services, in our sole discretion.