iCHAMPSPORTS TERMS OF SERVICE

ACCEPTANCE

iCHAMPSPORTS Inc. (“iCHAMPSPORTS,” "we," or "us") provides a venue and related services to facilitate the use and distribution of data regarding athletic performance among athletes, coaches and other parties, which venue and services are described at www.ichampsports.com and the associated URLs (collectively, the “Sites”) and that are made available via the Sites and, if applicable, via mobile applications, plug-ins and other online channels (collectively, the “Services”) to you (“you”) subject to the terms of service set forth below (“Terms of Service”) and subject to the iCHAMPSPORTS privacy policy (“Privacy Policy”).

To access and use the Services you must agree to the Terms of Service and Privacy Policy (collectively, the “Terms”). Your use of the Services (or any part thereof) constitutes your agreement to the Terms. If you do not agree with the Terms you may not use the Services. By using the Services on behalf of any third party you represent that you are an authorized representative of that third party and that your use of the Services represents such third party’s acceptance of the Terms.

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

CHANGES

We may periodically modify or supplement these Terms. If we make material changes to the Terms we will notify you via the Services (e.g., by posting a notice on the Sites or providing notice via other online channels or email) indicating that the Terms have been changed. All amended Terms become effective upon the earlier of (i) your use of the Services after such revisions have been posted and (ii) seven days after such revisions have been posted. If you do not agree with any changes to the Terms you must notify us of such disagreement and cease using the Services.

We may modify the Services from time to time, including adding or deleting content or features or disabling certain aspects of the Services.

USE OF THE SERVICES

In order to use certain portions of the Services, you may be required to register for an account, and select a password and user name (“User ID”). You must provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may not share your account or password with anyone and you must protect the security of your account and your password. You are solely responsible for any activity associated with your account.

You may use the Services only for your own benefit and only in accordance with, and subject to, these Terms, including any restrictions and limitations set forth in these Terms, stated on the Sites or otherwise communicated to you via the Services.

Users of the Service include athletes (“Athletes”), professional trainers and coaches (“Coaches”), and associated individuals such as athletic scouts, athletic recruiters, sponsor representatives, and Athlete family members or guardians (“Associates,” and together with Athletes and Coaches, “Users”). If you contact or interact with any Users or other individuals as a result of your use of the Services, you are responsible for obtaining all consents from such Users or other individuals necessary to communicate with them and use or distribute any information regarding such Users or individuals. You agree to comply with any policies or restrictions specified on the Service regarding interactions with Users and use of their information. You shall not attempt to circumvent any technological measures used by the Service to protect the identity of a User or any User’s information.

You may not data mine, scrape, crawl, or use any robot or other automatic device, script, technology or processes that send automated queries to the Sites, or use other similar methods or tools, to gather or extract Content (as defined below) from the Services. In addition, you may not use the Services to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You may not link to the Sites or any portion of the Services (including linking to a specific portion of the Services or framing Content in any way) and you may not employ script searches or search results from the Sites in a manner that results in the display of any Content on a third party website or elsewhere.

You may not modify the manner in which the Services are displayed or function, including framing, scraping or any other technique that would alter the display of the Sites or the visual display of the Services, including the Content. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other users or third parties.

CHILDREN

We do not knowingly collect or solicit personally identifiable information from children under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [info]@ichampsports.com.

LINKS TO THIRD-PARTY SITES

We may make available a link to third party websites via the Services. These links will let you leave the Site or the Service. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. We provide the links to you only as a convenience. We do not endorse any such site or its use or contents.

INTELLECTUAL PROPERTY AND CONTENT


The Services, including the Sites, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein, and the arrangement thereof, including the iCHAMPSPORTS company names and logos and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorships, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "Content"), and all intellectual property and proprietary rights related thereto, are as between you and us the sole property of iCHAMPSPORTS.

All rights in Content not expressly granted in these Terms are reserved by iCHAMPSPORTS. All copies that you make of the Content must retain any copyright, trademark or other proprietary notice located on the Services that pertains to the Content being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein.

Without the prior written consent of iCHAMPSPORTS, you shall not (i) use any iCHAMPSPORTS name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other "hidden text" utilizing any iCHAMPSPORTS name or branding element, (iii) use the iCHAMPSPORTS domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Services for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.

PRIVACY POLICY

Use of the Services and any personal information or other information about you collected by iCHAMPSPORTS through, or in connection with, the Services is subject to our Privacy Policy, which Privacy Policy is incorporated into these Terms.

WARRANTY DISCLAIMER

ANY USE OF THE SERVICES, INCLUDING ANY RELIANCE UPON OR USE ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. THE SERVICES (INCLUDING THE SITES AND THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ICHAMPSPORTS OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS (COLLECTIVELY, “ICHAMPSPORTS PARTIES”) BE LIABLE TO ANY USER IN CONNECTION WITH THE SERVICES FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH ICHAMPSPORTS PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF ANY ICHAMPSPORTS PARTY IS FOUND TO BE LIABLE TO YOU IN CONNECTION WITH THE SERVICES, SUCH PARTY’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $500.

INDEMNIFICATION

You agree to indemnify and hold the iCHAMPSPORTS Parties harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (i) your breach of these Terms and any use of the Services other than as expressly permitted in these Terms; (ii) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property, publicity or other proprietary or contract right of any person or entity; (iii) your use of any third party websites or information therefrom; or (iv) claims by any individuals (including Athletes, Coaches, and Associates) that you interact with in connection with your use of the Services.

The foregoing indemnity obligations will survive any termination of the Terms or your use of the Services. iCHAMPSPORTS may, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of iCHAMPSPORTS.

TERMINATION AND SUSPENSION

We may terminate these Terms, or terminate, suspend or restrict your access to the Services, in the event that you violate any of the Terms or for any other reason, with or without notice or cause. Upon termination or suspension, your right to access the Sites and use the Services will immediately cease. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.

VIOLATIONS AND COMPLAINTS

Without limiting iCHAMPSPORTS’s rights or remedies under these Terms or at law or in equity, iCHAMPSPORTS may investigate complaints related to your use of the Services and alleged violations of these Terms and to take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations.

You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.

GENERAL

You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable. You will comply with all applicable laws, regulations ordinances and the policies of social-media services related to your use of the Services. Except as expressly stated herein, the Terms constitute the entire agreement between you and iCHAMPSPORTS with respect to the Services, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and iCHAMPSPORTS with respect to the Services or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and iCHAMPSPORTS. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.

GOVERNING LAW AND ARBITRATION

These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of California regardless of your country of origin or where you access the Services. You and iCHAMPSPORTS agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by you and us or as described in the paragraph below. You and iCHAMPSPORTS agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that iCHAMPSPORTS shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

For any claim (excluding claims for injunctive or other equitable relief) where the potential award is reasonably likely to be $10,000 or less, either you or we may elect to have the dispute resolved through binding non-appearance-based arbitration. In the event such arbitration is requested, such arbitration shall be conducted through a reputable alternative dispute resolution provider mutually agreed upon by you and us. The arbitration must be conducted in compliance with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

NOTICE AND CONTACT

Any notices given by you under these Terms shall be given by email and shall be delivered to the following address:

legal@ichampsports.com

These Terms were last modified on May 24, 2018.