Terms of Use

Introduction and Acceptance

HCP Reach LLC dba TeamReach and its affiliates (collectively, “we,” “us,” “our,” or “Company”) offer you access to interactive online websites, mobile applications, communication tools, scheduling tools, payment features, registration tools, and related team, club, league, and sports-organization management services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products, subscriptions, paid features, mobile applications, or services, govern your use of our websites (the “Website(s)”) or any of our mobile widgets, services, or other applications (“Applications”) (together, our “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES. USE OF THE SERVICES SHALL BE DEEMED AS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

Description of Services

The Services provide an online and mobile platform for adult users to manage sports teams, clubs, leagues, groups, and similar organizations. The Services may include tools for creating and managing teams or groups, inviting users, assigning administrator or coach roles, maintaining rosters, posting schedules and locations, tracking availability and attendance, sending announcements or other communications, sharing team-related content, collecting payments, purchasing subscriptions or premium features, and accessing other functionality that we may make available from time to time.

These Terms apply to all users of the Services, including individual adult users, parents, guardians, coaches, managers, team administrators, club administrators, league administrators, organization users, and any other person who accesses or uses the Services. If you use the Services on behalf of a team, club, league, school, association, company, or other organization (each, an “Organization”), you represent and warrant that you have authority to bind that Organization to these Terms. In that case, “you” refers to both you individually and the Organization on whose behalf you use the Services.

The Services are administrative, communication, scheduling, and payment-facilitation tools only. We do not organize, supervise, operate, sanction, officiate, coach, manage, or control any team, club, league, game, practice, tournament, event, facility, travel activity, or sports-related activity. We do not determine player eligibility, team placement, roster selection, playing time, coaching decisions, discipline, safety requirements, league rules, school requirements, governing-body compliance, or any other team or sports-administration decision. All such matters are the sole responsibility of the applicable Organization, team, club, league, coach, administrator, parent, guardian, or other responsible adult.

Intellectual Property

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Team names, club names, league names, logos, sponsor names, photographs, videos, roster information, schedules, scores, statistics, and other materials uploaded or made available by users through the Services are treated as User Content, not Service Content, except to the extent owned by Company. You are solely responsible for ensuring that you have all rights, licenses, consents, and permissions needed to upload, display, share, or otherwise use such materials through the Services.

Access and Use

We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis, as premium features, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited, revocable, non-exclusive, non-transferable license to use our Services in accordance with these Terms. The license to use any paid Services does not necessarily transfer across operating systems, account types, organizations, users, mobile devices, computers, or other equipment unless we specifically tell you otherwise.

Organization Accounts and Administrators

Organizations may designate one or more administrators, coaches, managers, or other authorized users to manage Organization accounts, invite other users, assign permissions, maintain rosters, collect Organization fees, post schedules and content, send communications, and use other administrative functionality. Each Organization is responsible for all activity under its account and for all acts and omissions of its administrators, coaches, managers, invitees, and other authorized users, including the accuracy of content, the appropriateness of communications, and the proper use of permissions and access controls.

Administrators are responsible for maintaining current and accurate rosters, schedules, event details, locations, availability information, attendance information, payment information, and other Organization or team information made available through the Services.

We are not responsible for errors, omissions, outdated information, schedule changes, field or facility changes, cancellations, inaccurate rosters, inaccurate scores or statistics, or any other information entered, maintained, or communicated by users, teams, clubs, leagues, Organizations, or third parties.

Subscriptions; Premium Features; Free Trials

Certain Services may require payment of subscription fees or other charges. Subscriptions may be purchased by Organizations for team, club, league, or organization-level access, or by individual users for personal premium features. Individual premium features do not make an individual user an administrator of an Organization account, do not transfer ownership or control of any Organization account or Organization data, and do not override permissions or account controls established by the applicable Organization or administrator.

By purchasing a subscription or paid feature, you authorize us and our third-party payment processors to charge your selected payment method for all fees, taxes, and other charges disclosed to you at or before purchase. Subscriptions may automatically renew for successive subscription periods unless cancelled in accordance with the cancellation process made available through the Services, the applicable app store, or other applicable purchase channel. You are responsible for all recurring charges incurred before cancellation becomes effective. Unless we state otherwise or applicable law requires otherwise, cancellation will be effective at the end of the then-current paid subscription period, and fees are non-refundable and non-prorated.

We may offer free trials or promotional access in our sole discretion. We may modify, suspend, or terminate any free trial or promotional offer at any time, subject to applicable law. If a free trial requires payment information and you do not cancel before the trial ends, we may charge your payment method for the applicable subscription or paid feature.

We reserve the right to change subscription plans, premium features, fees, billing periods, renewal terms, or other charges at any time. Any changes will be disclosed as required by applicable law and will apply as described in the applicable notice or at the start of the next billing cycle. If your payment method is declined, expires, or cannot be charged, we may suspend, limit, downgrade, or terminate access to the applicable paid Services.

Team, Club, and Organization Payments

The Services may allow Organizations to collect registration fees, team dues, club fees, league fees, tournament fees, event fees, merchandise payments, fundraising payments, or other amounts from users or participants. Unless we expressly state otherwise, the applicable Organization, team, club, league, or third-party seller is the merchant, seller, provider, and party responsible for those amounts, not Company. Company provides software and payment-facilitation functionality and may use third-party payment processors to process or facilitate payments.

Each Organization is solely responsible for determining and disclosing its fees, payment terms, refunds, cancellations, credits, chargebacks, taxes, fulfillment obligations, participation requirements, eligibility requirements, and any other terms applicable to Organization-collected payments. We do not control, and are not responsible for, an Organization’s fees, refund decisions, cancellations, non-delivery, event changes, fundraising activities, tax obligations, or disputes with users or participants. Payment processing may be subject to additional terms and privacy policies of third-party payment processors.

We may charge platform, processing, convenience, administrative, or other fees in connection with payment functionality, as disclosed through the Services. You agree to pay all fees and charges associated with your use of the Services and authorize us and our third-party payment processors to charge your payment method for such amounts. We may dispute chargebacks we believe are improper and may recover any associated costs, fees, or amounts from the responsible user or Organization to the fullest extent permitted by law.

Third-Party Terms and Services

IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

The Services may use or integrate with third-party services, including payment processors, app stores, email providers, SMS/text providers, push notification providers, calendar services, mapping/location tools, hosting providers, analytics providers, content storage providers, and other technology vendors (“Third-Party Services”). We do not own or control Third-Party Services and are not responsible for their availability, functionality, delivery failures, outages, errors, security practices, privacy practices, data loss, unauthorized access, payment processing errors, mapping inaccuracies, or other acts or omissions. Your use of Third-Party Services is subject to the applicable third-party terms, conditions, and privacy policies.

App Store. You acknowledge and agree that availability of our Applications and related Services depend on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other app stores (“App Store”). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

Acceptable Use and Restrictions

Our Services are provided for use by you or your Organization for lawful team, club, league, sports-organization, personal, or internal administrative use only. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law, privacy laws, communications laws, tax laws, consumer protection laws, and any rules applicable to your Organization, league, school, governing body, or sports activity. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. Furthermore, except as expressly permitted in these Terms of Use, you may not:

1. Use the Services in any unlawful, fraudulent, deceptive, abusive, harassing, bullying, threatening, misleading, discriminatory, obscene, or otherwise objectionable manner, or in a way that infringes or violates the rights of any person or entity;
2. Use the Services to send marketing, fundraising, solicitation, advertising, promotional, or commercial messages unless we expressly enable that functionality and you have all required rights, permissions, and consents;
3. Upload, submit, send, or store sensitive medical, health, injury, disability, insurance, government identification, financial account, Social Security number, or other highly sensitive personal information unless the Services specifically request or enable that data field;
4. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
5. Circumvent, disable, or otherwise interfere with our security-related features, access controls, permission settings, or features that prevent or restrict use or copying of any software or other Service Content;
6. Use an automatic device (such as a robot or spider) or manual process to copy, scrape, extract, index, or harvest the Website, Service Content, User Content, roster data, contact information, schedules, message history, payment information, or other data from the Services for any purpose without our express written permission;
7. Collect or harvest any personally identifiable information or non-personally identifiable information from our Services, including, without limitation, user names, passwords, email addresses, phone numbers, roster information, or information relating to minors;
8. Share your password, misuse administrator privileges, access an Organization or team account without authorization, or attempt to access data or functionality not made available to you through the Services;
9. Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
10. Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
11. Use network-monitoring software to determine architecture of or extract usage data from our Services;
12. Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, Organization, team, club, league, or entity;
13. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
14. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

No Medical/Sensitive Information. You agree not to upload, submit, send, store, or disclose sensitive medical, health, injury, disability, insurance, government identification, financial account, Social Security number, or other highly sensitive personal information about any minor or other person unless the Services specifically request or enable that data field. General note fields, messages, roster fields, comments, or similar features should not be used to store sensitive information.

Operational Communications; No Emergency Use

The Services may allow us, Organizations, administrators, coaches, managers, or other users to send or receive operational communications, including emails, SMS/text messages, push notifications, in-app messages, announcements, event updates, schedule changes, availability requests, reminders, payment notices, and other team or account communications. You consent to receive communications relating to your account and use of the Services, including communications sent through third-party providers. You are responsible for ensuring that contact information you provide or maintain through the Services is accurate and current.

THE SERVICES ARE NOT AN EMERGENCY COMMUNICATIONS SYSTEM AND SHOULD NOT BE RELIED UPON FOR URGENT, SAFETY-CRITICAL, MEDICAL, WEATHER, CANCELLATION, FACILITY, TRAVEL, OR EMERGENCY NOTIFICATIONS. COMMUNICATIONS THROUGH THE SERVICES MAY BE DELAYED, MISDIRECTED, BLOCKED, FILTERED, UNDELIVERED, OR OTHERWISE UNAVAILABLE. YOU AND YOUR ORGANIZATION ARE SOLELY RESPONSIBLE FOR USING APPROPRIATE ALTERNATIVE METHODS FOR EMERGENCY, SAFETY-CRITICAL, OR TIME-SENSITIVE COMMUNICATIONS.

Advertising

The Services may include advertising, sponsored content, or promotional material within notification emails, push notifications, or other messaging we send you. In certain instances, you may be able to control whether you receive notification emails and push notifications through your account and/or device settings.

Beta Features; Changes to Services

Because the Services may evolve over time, you acknowledge and agree that we may modify, add, suspend, discontinue, limit, replace, rename, reconfigure, or remove features, tools, integrations, mobile functionality, messaging capabilities, payment features, reports, premium offerings, subscription plans, beta features, or other aspects of the Services at any time, subject to applicable law. We are not liable to you or any third party for any such change. Beta, pilot, experimental, preview, or early-access features may be incomplete, contain errors, operate unpredictably, or be discontinued at any time.

User Registration & Promotional Messages

You must be at least thirteen (13) years of age to register for or use the Services. If you are between 13 and 18, you represent that you have the consent of a parent or legal guardian to use the Services and agree to these Terms. Users under 13 are not permitted to register for accounts or use the Services.

If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (a “Membership”). You are solely responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to contact us by clicking the “Contact Us” or “Contact Support” link on our Website or Application immediately if you become aware of any breach of security or unauthorized use of your Membership.

Minor Athlete Information. Users and Organizations may enter, upload, submit, display, share, or otherwise process information relating to minor athletes, participants, or team members through the Services. You represent and warrant that you have all rights, authority, permissions, and consents necessary to enter, upload, submit, display, share, communicate, or otherwise use any information relating to minors through the Services, including names, roster information, photographs, videos, schedules, participation status, availability information, contact information, team assignments, and related content. You are solely responsible for determining whether and how information relating to minors may be entered, shared, displayed, or used through the Services, and for complying with all applicable laws, rules, policies, consents, league requirements, school requirements, and Organization requirements.

Promotional Messages

Our Services may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, result in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you may be required to register and provide certain information about you (e.g., full name, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.

Emails/Newsletters. You may opt out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).

Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan with your wireless services carrier, you may be charged message and/or data charges by your wireless carrier for each message; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service, or that you have the permission of the account holder/person responsible for any such charges; (3) message frequency may vary depending on your account settings, team activity, Organization activity, and use of the Services; (4) you may opt out of receiving messages from us as set forth in our Privacy Policy, or by texting “STOP” as a reply to any of our messages where available; (5) if you have any questions about our Message Service or need assistance, you may text “HELP” as a reply to any of our messages where available; (6) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (7) we do not guarantee or warrant that you will receive all or any of our messages; and (8) our Message Service may be administered by a third party (the “Administrator”) and we reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.

User Content

We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, team names, club names, league names, logos, sponsor names, rosters, player names, schedules, scores, statistics, availability information, attendance information, payment descriptions, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not generally available to the public or is made available only behind account login. It is solely your responsibility to monitor and protect any intellectual property rights, privacy rights, publicity rights, and other rights that you may have or that others may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:

1. Violates or infringes in any way upon the rights of others, including any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right, or other intellectual property or proprietary right;
2. Contains any information, image, video, likeness, name, roster information, contact information, or other material relating to a minor unless you have all necessary rights, permissions, authority, and consents to submit and use that content through the Services;
3. Impersonates another or is unlawful, threatening, abusive, bullying, harassing, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, sexually explicit, discriminatory, or otherwise objectionable;
4. Encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law;
5. Is an advertisement for goods or services, sponsorship message, fundraising solicitation, commercial message, contest, sweepstakes, or other promotion unless such functionality is expressly enabled by us and you have all required rights, permissions, and consents;
6. Includes unnecessary sensitive personal information, including Social Security numbers, government identification numbers, financial account numbers, payment card information, medical or health information, injury information, insurance information, or other sensitive information unless the Services specifically request or enable that data field;
7. Contains a formula, instruction, or advice that could cause harm or injury; or
8. Is a chain letter, spam, or other unauthorized solicitation of any kind.

For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, represent or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, host, store, display, process, modify, reformat, publish, and otherwise use the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, to operate, provide, maintain, secure, support, improve, and promote the Services; to make User Content available to users and Organizations as permitted by the functionality of the Services; and in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright or other right that may exist in such User Content. Furthermore, you also grant other users permission to access and use your User Content as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs, screen personas, voices, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, logos, team names, club names, sponsor names, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person or entity, a “Persona”), for purposes of operating, providing, maintaining, securing, supporting, improving, and promoting the Services, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

We do not accept or consider unsolicited ideas of any kind, including creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that we have no obligation to review or keep them confidential, and we may use and redistribute them for any purpose without restriction or compensation.

Notwithstanding the generality of the foregoing, we reserve the right to display advertisements, sponsorships, branded content, partner offers, or other promotional content in connection with the Services, including near, adjacent to, or in connection with User Content, provided that advertising and sponsorship placements are controlled by Company unless we expressly enable user- or Organization-controlled promotional functionality. You acknowledge and agree that your User Content may be included on or through the Services and may be processed by our distribution partners, marketing partners, accounts, and third-party service providers as reasonably necessary to operate, provide, maintain, secure, support, improve, and promote the Services.

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

E-Commerce

You must be at least thirteen (13) years of age or older to make purchases through any of our Services.

For subscriptions, premium features, and other Services sold directly by Company, we attempt to be as accurate as possible in our descriptions. However, we do not warrant that Service descriptions, feature descriptions, pricing information, or other content of our Services is accurate, complete, reliable, current, or error-free. In the event a Service or paid feature is listed at an incorrect price or with incorrect information due to typographical error, technical error, or other mistake, we shall have the right to refuse or cancel any order or subscription placed for the Service or paid feature listed at the incorrect price or with incorrect information. If your payment method has already been charged and your order is canceled, we will issue a credit or refund as required by applicable law or as otherwise determined by us in our sole discretion.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, subject to applicable law. We may automatically charge and withhold applicable taxes based on the transaction, billing information, location, or other relevant information. Otherwise, you are solely responsible for all taxes, levies, duties, or other governmental charges associated with your purchases or use of the Services.

All requests for service and support for subscriptions, premium features, or other Services purchased from Company should be made through the support channels we provide.

Service Content & Third-Party Links

We provide our Services including, without limitation, Service Content for personal, administrative, informational, communication, scheduling, payment-facilitation, and promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility and the responsibility of the applicable Organization, team, club, league, coach, administrator, parent, guardian, or other responsible adult to evaluate the accuracy, timeliness, completeness, and usefulness of any Service Content, User Content, schedules, event details, rosters, availability information, attendance information, locations, payment information, scores, statistics, messages, or other information made available through the Services. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content or User Content.

No Sports, Safety, Medical, Coaching, or Compliance Responsibility. THE SERVICES ARE SOFTWARE TOOLS ONLY. COMPANY DOES NOT PROVIDE SPORTS TRAINING, COACHING, MEDICAL ADVICE, EMERGENCY SERVICES, ATHLETE SUPERVISION, BACKGROUND CHECKS, SAFESPORT COMPLIANCE, CONCUSSION COMPLIANCE, ELIGIBILITY DETERMINATIONS, WAIVER VALIDATION, RULE COMPLIANCE, EVENT OPERATIONS, FACILITY MANAGEMENT, TRANSPORTATION, EQUIPMENT INSPECTION, OR SAFETY SERVICES. ORGANIZATIONS, TEAMS, CLUBS, LEAGUES, COACHES, ADMINISTRATORS, PARENTS, GUARDIANS, AND OTHER RESPONSIBLE ADULTS ARE SOLELY RESPONSIBLE FOR PRACTICES, GAMES, TOURNAMENTS, EVENTS, TRAVEL, SUPERVISION, FACILITIES, EQUIPMENT, WEATHER DECISIONS, CANCELLATIONS, ATHLETE PARTICIPATION, RULE COMPLIANCE, SAFETY DECISIONS, AND ALL SPORTS-RELATED ACTIVITIES.

You acknowledge and agree that participation in sports, practices, games, tournaments, events, travel, and related activities may involve risks of property damage, bodily injury, illness, disability, or death. Company does not assume responsibility for such risks and is not responsible for any injury, loss, damage, dispute, or claim arising out of or related to any sports-related activity, event, Organization, team, club, league, coach, administrator, parent, guardian, participant, facility, equipment, travel arrangement, or third party.

In many instances, Service Content or information available through the Services will include content posted by a third party or will represent the opinions, statements, schedules, decisions, or judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, legality, safety, appropriateness, or reliability of any opinion, advice, statement, schedule, roster, score, statistic, announcement, payment request, event detail, or other information offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.

Data Export; Retention

If enabled by the Services, administrators or other authorized users may be able to export, download, or access certain Organization data, such as roster information, schedules, attendance records, payment reports, message history, photos, or other content. You are solely responsible for any export, download, storage, transfer, disclosure, security, or use of data by you or your Organization outside the Services. We may retain account records, transaction records, communications, User Content, security logs, backup copies, and other information as needed to operate the Services, comply with law, enforce our agreements, prevent fraud or abuse, resolve disputes, support billing and audit requirements, maintain security, and satisfy legitimate business purposes, subject to our Privacy Policy and applicable law.

Indemnification

You agree to defend, indemnify and hold harmless Company, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Company Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you, your Organization, or through use of your Membership; (iii) any actual or alleged violation or breach by you or your Organization of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; (v) your acts or omissions; (vi) your Organization, team, club, league, sports activity, practice, game, tournament, event, facility, equipment, travel, supervision, athlete participation, safety decision, eligibility decision, coaching decision, or compliance decision; (vii) any fees, refunds, cancellations, chargebacks, taxes, fulfillment obligations, or disputes relating to payments for which your Organization or a third party is the merchant, seller, provider, or responsible party; (viii) any allegation that you lacked authority, rights, permissions, or consents to upload, submit, display, share, or otherwise use User Content or information relating to minors through the Services; or (ix) any claim by any third party alleging that your use of the Services violates any law, rule, policy, agreement, privacy right, publicity right, intellectual property right, or other obligation. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

If you are using our Services on behalf of a business, Organization, team, club, league, association, school, or other entity, that entity accepts these terms. It will hold harmless, defend, and indemnify the Company Parties from any claim, suit, or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorney’s fees.

Disclaimer of Warranties; Assumption of Risks

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATION CONTENT OF OUR SERVICES, SERVICE CONTENT, USER CONTENT, SCHEDULES, ROSTERS, SCORES, STATISTICS, COMMUNICATIONS, NOTIFICATIONS, PAYMENT INFORMATION, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICES, GOODS, FEES, REGISTRATIONS, EVENTS, TEAMS, CLUBS, LEAGUES, ACTIVITIES, OR THIRD-PARTY OFFERINGS RECEIVED THROUGH, ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (VI) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; (VII) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED; (VIII) WARRANTIES THAT COMMUNICATIONS, EMAILS, TEXT MESSAGES, PUSH NOTIFICATIONS, IN-APP MESSAGES, OR OTHER NOTICES WILL BE DELIVERED, DELIVERED TIMELY, OR RECEIVED; AND (IX) WARRANTIES REGARDING ANY TEAM, CLUB, LEAGUE, ORGANIZATION, COACH, ADMINISTRATOR, PARENT, GUARDIAN, PARTICIPANT, EVENT, SPORTS ACTIVITY, SAFETY DECISION, ELIGIBILITY DECISION, PAYMENT, REFUND, OR THIRD-PARTY SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IN CONNECTION WITH SPORTS, TEAM, CLUB, LEAGUE, ORGANIZATION, COMMUNICATION, SCHEDULING, PAYMENT, AND ADMINISTRATIVE ACTIVITIES INHERENTLY INVOLVES CERTAIN RISKS, INCLUDING BUT NOT LIMITED TO MISCOMMUNICATIONS, MISDIRECTED OR UNDELIVERED MESSAGES, SCHEDULE ERRORS, PAYMENT DISPUTES, USER CONTENT DISPUTES, PRIVACY DISPUTES, THIRD-PARTY SERVICE FAILURES, SPORTS-RELATED INJURY, PROPERTY DAMAGE, ILLNESS, DISABILITY, OR DEATH. BY ACCESSING OR USING THE SERVICES, YOU VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AND YOU AGREE THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY SPORTS-RELATED ACTIVITY.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT, IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS, SERVICES, EVENTS, REGISTRATIONS, TEAM FEES, CLUB FEES, LEAGUE FEES, MERCHANDISE, FUNDRAISING ITEMS, OR OTHER OFFERINGS RECEIVED OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY, CONDUCT OF A THIRD PARTY USING OUR SERVICES, ORGANIZATION ACTIVITY, TEAM ACTIVITY, SPORTS ACTIVITY, PAYMENT PROCESSING, COMMUNICATION FAILURE, THIRD-PARTY SERVICE, OR USER CONTENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.

Termination

We reserve the right in our sole discretion and at any time to terminate or suspend your Membership, subscription, premium features, Organization account, administrative privileges, and/or block your use of our Services for any reason or no reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination, suspension, downgrade, removal, loss of access, or blocking of your use of our Services.

Organizations and administrators are responsible for managing invited users, permissions, and access to Organization accounts. If your access to an Organization account is removed or modified by an Organization or administrator, you must contact the applicable Organization or administrator, not Company, regarding such access decision.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your Membership, subscription, Organization account, or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, payment obligations, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”

Copyright Policy

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights or other intellectual property rights of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). Our Designated Agent is:

If you are a copyright owner or authorized to act on behalf of the copyright owner and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate and that you are authorized to act for the copyright owner.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Choice of Law; Jurisdiction and Venue

These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be subject to Mandatory Arbitration as set forth in “Dispute Resolution & Mandatory Arbitration” below and, if arbitration does not apply, brought exclusively in the state or federal courts of Nassau County, New York, or the United States District Court for the Eastern District of New York. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution & Mandatory Arbitration

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at legal@teamreach.com. We will contact you based on the contact information you have provided us.

If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.

We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, affiliate, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by AAA.

We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

Your Right to Opt Out of Arbitration. You may opt out of the agreement to arbitrate set forth in this section (and the corresponding class-action and jury-trial waivers as they apply to arbitration) by sending us written notice within thirty (30) days after the date you first accept these Terms of Use. To be effective, your notice must include your name, the email address and account associated with your use of the Services, and a clear statement that you do not wish to resolve disputes through arbitration, and it must be sent to legal@teamreach.com. If you opt out in accordance with this provision, neither you nor we will be required to arbitrate disputes, and any disputes will instead be resolved as provided in Choice of Law; Jurisdiction and Venue above. Opting out has no effect on any other terms of these Terms of Use (including, without limitation, the NO CLASS ACTION and NO TRIAL BY JURY provisions below) or on any separate arbitration agreement between you and us. If you do not opt out within the thirty (30) day period, you will be bound by the arbitration provisions of these Terms of Use.

NO CLASS ACTIONS. To the extent permitted by law, we each waive any right to pursue disputes on a class-wide basis; that is, either to join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else, in any lawsuit, arbitration or other proceeding.

NO TRIAL BY JURY. To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects of our Services, subscriptions, premium features, payment functionality, mobile applications, promotions, or beta features (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control solely with respect to the subject matter of those Additional Terms.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting on the Website. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.

Miscellaneous

No Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Severability. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.

Translations. Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

Entire Agreement. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

Assignment. You may not assign, transfer, or sublicense these Terms or any rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice to you.

Survival. The provisions of these Terms that by their nature should survive termination shall survive termination, including intellectual property provisions, payment obligations, User Content licenses, indemnities, disclaimers, limitations on liability, dispute resolution provisions, and miscellaneous provisions.

Accessibility. We are committed to making the Services accessible to all users, including individuals with disabilities. We have and continue to take steps to enhance the accessibility of our services, and strive to align with current best practices and recognized guidelines, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you experience difficulty accessing any part of the Services, please contact us at legal@teamreach.com.