These Terms & Conditions govern the aspects of any transaction between Tournament Sites, LLC, (“Tournament” or “us” or “we”) and any party (“User” or “you”) with whom we provide services through our mobile application (“App”) and any related online of offline materials. (“User” or “you”).

1. Service Terms and Services Provided. Pursuant to this Agreement, Tournament will provide to User access to various youth sports content through our app, and any related software, website, or other online or offline services (“Services”). By registering or using our Services, User accepts and agrees to the terms and conditions set forth in this Agreement. If applicable, this Agreement also incorporates and is subject to Tournament’s additional terms and conditions, which are posted on our website, if applicable.

When you register an account or use our services in any way, you warrant that you are (a) of legal age to enter into a binding contract, (b) meet all eligibility requirements in our terms, and (c) agree to abide by all terms posted.  If you are using our services as a representative or on behalf of an organization, “you” will also include the organization as a whole, and you warrant that you have authority to bind the organization to the terms of this Agreement.  For the purposes of this Agreement, Organization means any entity, of any kind, that organizes, conducts, or hosts organized sporting events.

By using our services, you are agreeing to the terms of this Agreement, and if you violate these terms, your access to the services will be revoked.  We reserve the right to update or modify our terms at our discretion.  When we do so, we will provide an updated version to you, either through our app, or making the updated terms available through our services.

Our services can be used to organize, maintain, create, and otherwise manage team rosters, as well as individual player performance.  We allow functionality for capturing, viewing, and modifying video clips, as well as user to user communications.  Further services may be added in the future, so this list is not exhaustive.

In order to use our services, or register an account you must be at least 13 years of age.  If you are a minor under the age of 18, you must have parental or guardian permission to create an account and/or access services.  By accessing services, it is reasonable for us to assume that any user has proper authorization from a parent or guardian to do so.

2. User Responsibilities. All users represent and warrant that they will comply with the terms of this Agreement and all applicable laws. Users further warrant that they have full legal right to post, use, or exhibit user-controlled content uploaded or provided by the user.  Users also take full responsibility, and release Tournament from any liability whatsoever, for any content provided by User, and agree to fully indemnify Tournament in the event that a third party makes any claims against Tournament based on any content provided by User.  Tournament may, in its sole discretion modify or delete any User generated content.

If any User generated material posted contains personal information, the User posting it warrants that they have received all required consents, releases, and permissions to post such material, and will not post any material which any party with a legal right has objected to being posted.

All User generated content which depicts in any way a minor under the age of 13 (“Minor”), may only be posted by the parent or guardian of that minor, or is being posted by a User with all proper legal consent from the parent or guardian of the minor.  A User will immediately remove minor data under their control from our services in the event that such consent to post that data is withdrawn or becomes invalid.  In the event that the User does not remove such data in a timely fashion, Tournament reserves the right to remove such data as it sees fit.  In the event that we find minor data was posted to our services without required consent, we reserve the right to immediately remove such data and take any reasonable corrective measures, to include terminating access of any User who uploaded such data.

You are solely responsible for your actions in using our services, and expressly release us from any liability for your interactions with other users, either online or offline.  While we may become involved in disputes involving you and another user, we do not have the duty to do so.  Tournament may remove any content at any time, for any reason.

You may only create an account to use our services for yourself, unless you have a valid legal right to create one for another party.  You agree to provide accurate and true information to us when creating an account, as well as ensuring the accuracy of such information going forward.  By using our services, you agree that it is reasonable for us to assume that any logins associated with your account were done by you, or with your permission.

You agree that you will not in any way infringe on the intellectual property of our services, or their underlying processes.  You further agree not to introduce any malicious code or virus into the services, or make any attempt to disrupt or damage the provision of services.  No user may use the services for any for profit reason, nor distribute, transmit, or transfer the services to another party.

Users may not post harmful, sexually explicit, or otherwise inappropriate content, including using the services for the harassment in any way of other parties.  Such harassment extends to users using the services to send any unsolicited communications, including solicitations or advertisements.  No user will engage in any activity which could expose the personal information of users, nor will any user sell or provide data on other users to a third party, nor in any way violate the rights of any third party.

This list is not exhaustive, and Tournament may, in its sole discretion, suspend or terminate any user who engages in the above behavior(s), who causes other users to lose access to some or all of the services, or who disrupts the provision of services to users, for any reason.

We do not endorse, verify, or approve any user posted content, and we are not responsible for same.  We specifically disclaim any responsibility for any content which may infringe on the rights of any party in any way.

3. Subscriptions and Paid Services. We may charge a recurring or one time fee to use some, or all of our services (“Subscription.”) All amounts charged are in U.S. Dollars, and you will be alerted in advance if a subscription is a one-time fee for a set amount of time, or a recurring charge every set amount of days.  You may cancel any recurring subscription using the instructions which we will provide you for cancelling such subscription at the time you pay for a recurring subscription.  If you sign up for a recurring subscription, you specifically authorize us to charge you a fee on a recurring basis.

If you opt to pay for a subscription, you agree that you will pay the fees, allow our payment processor to charge you these fees, and that you will not dispute these payments.  You further warrant that it is reasonable for us to assume that the charge was made with your consent, and that you were in charge of your account at the time.  Any attempt to dispute or “chargeback” a payment is grounds for immediate termination of services.  Further, all subscriptions are exclusive of any additional taxes or fees which may apply.

No refunds will be given on subscriptions.  If you cancel a recurring subscription before the next billing period, your current paid period will run, and you will not be billed again, but you will not be refunded for the period which you have already paid for.  In the event of a fee dispute, you must contact us immediately, so that we may investigate any issue.  In the event that we must use collection methods for any delinquent accounts, you agree to be liable for all additional costs and fees incurred during collection efforts.

We may make certain features available, change the services, or remove features, at any time, at our sole discretion.

4. Ownership of Content and Third-Party Links. When a user posts any content to our services, you give us the right to repost, modify, create derivative works of, or in any other way disclose to third parties such content. This permission extends to user generated works which are posted to our services by another user, but which may feature you. In the event that any user generated content is posted to our services without your consent, you agree that no liability will attach to us for such content, and that we will use reasonable efforts to remove such content from our services in a reasonable amount of time, once you have provided proof to our satisfaction that such content was posted improperly, or without proper consent.

We may use our services to send communications to you for any lawful purpose, and that promoted or commercial content may be shown to you without it being specifically labeled as such.

You agree that by using our services, the intellectual property of third parties may be displayed.  You agree that you will not, in any way, infringe on the intellectual properties of third parties, and specifically indemnify us in the event that a third-party claims infringement of their materials due to your use of our services, or your actions based on the use of our services.  Any infringement of another party’s intellectual property is grounds or immediate termination of a user account engaged in any such infringing activities.

If you link to our services, you must do so in a legal and non-infringing way.  Any link that violates the terms of this agreement may be removed immediately.  Some content shown to you through our services may contain links to third party websites.  By clicking on any such link, you will be taken outside of our services, and you agree that we are not liable for any harm or damages which may occur due to following such links.

5. Disclaimer of Warranties. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT OR ESTABLISHED BY APPLICABLE LAW AS RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND TOURNAMENT DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  TOURNAMENT DOES NOT WARRANT THE PERFORMANCE OR RESULTS THE USER MAY OBTAIN BY USING ANY SERVICES.  ANY WRITTEN OR ORAL STATEMENT MADE BY TOURNAMENT IS A MATTER OF OPINION ONLY, AND IS NOT BINDING ON TOURNAMENT, UNLESS SUCH STATEMENT IS IN WRITING, AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF TOURNAMENT.
6. Limitation of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING THROUGH THE OTHER PARTY) FOR LOST PROFITS OR REVENUE OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THIS AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT THAT PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.
   Any action for an alleged breach of this Agreement, or to enforce any right under this Agreement, other than an action by Tournament to collect or contest the calculation of fees, will be commenced within six months after the cause of action has accrued or the breach or right will be deemed waived and barred. The total aggregate liability of either party for all claims asserted by the other party (or to any person claiming through the other party) under or in connection with this Agreement, calculated in each instance over the entire Term, regardless of the form of the action or the theory of recovery, other than an action by Tournament to collect fees, will be limited to the amounts paid or payable to Tournament by the User for any non-confirming Services which are the subject of dispute, but in no event will such amount exceed the total price paid to Tournament by User during the prior 6-month period, in the case of any given claim, preceding the date of the event giving rise to that claim.  User’s sole remedy, and Tournament’s exclusive liability, for Tournament’s failure to provide the Services in conformance with this Agreement will be, at Tournament’s sole option, the refund of the fees applicable to the non-conforming Services.

The limitation set forth in this clause is cumulative, and all payments under this Agreement will be aggregated to calculate satisfaction of such limitation.  The term “Aggregate liability” will include, without limitation, attorney’s fees, and the existence of multiple claims will not enlarge the limitation set forth in this clause.

The parties agree that this clause provides a reasonable allocation of risk, and that Tournament would not provide the Services on the terms set forth herein without this allocation of risk.

Tournament will handle all data provided by User in accordance with reasonably practicable industry standard practices in effect at the effective date of this Agreement.  In no event will Tournament use a standard of protection less than that which Tournament would use to protect their own confidential information of similar quality or importance User agrees that Tournament will bear no responsibility or liability of any sort of unauthorized access of, exposure of, or destruction of any information, personal or otherwise, provided to Tournament by User, for any reason other than gross negligence or willful misconduct of Tournament.

7. Indemnification. The User agrees to indemnify and hold harmless Tournament (and its officers, directors, employees and agents) from any and all losses, damages, fees, costs, fines and expenses (including without limitation, legal fees and expenses) (collectively, “Damages”) that Tournament may incur as a result of: (i) the User’s breach of any covenant or representation or warranty contained herein, (ii) a claim by any third party as to any content on our services which may be infringing; and (iii) any loss or damage claimed by a subsequent third party against Tournament for any loss or damage allegedly suffered by such third party. User further agrees to pay such Damages as they come due to Tournament. The representations, warranties and right to indemnification provided by this clause survives the termination of this Agreement.
8. Waiver and Release of Claims. The User, for themselves, their heirs, agents, successors and assigns waives, release, and forever discharges and holds harmless Tournament, its officers, directors, employees, shareholders and agents, their respective successors and assigns from all claims or causes of action of whatever kind and nature, on any legal theory, now known or unknown, which User may assert regarding or in connection with any challenge to the title or authenticity of any services purchased from Tournament. It is the intention of this clause to effectively bar any claim or action that may arise from any sale of a services to a User.  User understands and knowingly waives any and all rights conferred upon User by applicable law.
9. No Waiver. No failure or delay by Tournament in exercising any right, power or privilege given by any provision of this Agreement shall operate as a waiver of the provision. Additionally, no single or partial exercise of any right, power or privilege shall preclude any other or further exercise of that or any other right, power or privilege.
10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of Florida, without giving effect to its laws or rules relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit, or proceeding brought by it in any way arising out of the Agreement must be brought solely and exclusively as a binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association in any competent jurisdiction in Florida, regardless of where any alleged cause of action may have occurred. The foregoing notwithstanding, prior to and after the filing of any action, the parties agree to make a good faith effort to resolve disputes through settlement discussions or through the use of a neutral third-party mediator. The place of mediation, and/or settlement discussions shall be in Florida and each party shall bear its own costs.  Parties may attend mediation remotely.  Each party further (a) accepts and submits to the sole and exclusive jurisdiction of such arbitration in person, generally and unconditionally with respect to any action, suit, or proceeding brought by it or against it by the other party, either as an arbitration, or as an action in court (b) specifically waives the right to object to such venue based on forum non conveniens, (c) agrees to the service of process by notice sent using an internationally recognized courier service to the party’s address listed in this Agreement; and (d) in the event of any action or proceeding to enforce or interpret any of the provisions of this Agreement, the substantially prevailing party will be entitled to be reimbursed for the costs of that action or proceeding, including reasonable attorneys’ fees and costs.

Absent a specific stipulation by the parties otherwise, discovery at arbitration will be limited to only that which is necessary to enable the arbitration to proceed efficiently.  No punitive, exemplary, or consequential damages may be awarded by the Arbitrator, nor shall Arbitrator have the authority to modify this Agreement.  Any arbitration award may be entered into any court having proper jurisdiction to enforce such a judgment.  Arbitration costs will be split by the parties.  BOTH PARTIES SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY, AND ALL RIGHTS GRANTED TO USER UNDER THIS AGREEMENT ARE SPECIFIC AND PERSONAL TO USER WHO PURCHASED THE SUBJECT SERVICES(S) ONLY.  USERS ALSO WAIVES ANY RIGHT TO ANY CLASS ACTION SUIT AGAINST TOURNAMENT, AND AGREE TO ONLY BRING ANY ACTION AGAINST US AS AN INDIVIDUAL ACTION.

11. Notices. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered by hand; sent by certified U.S. mail, cable, telex, telegram, facsimile transmission or electronic mail; or delivered by overnight or similar delivery service, fees prepaid, to the party to whom such notice is to be given. All notices given under this Agreement shall be deemed received three (3) calendar days after deposit in the United States mail if sent via certified mail, on the date of actual delivery if sent via overnight courier, and on the date of actual transmission or delivery if sent via cable, telex, telegram, facsimile transmission or electronic mail or if delivered personally.  Notices to the User and Tournament shall be given at the respective addresses set forth in this Agreement, or in User’s provided information.  A party may change its address for notice by informing the other of the change in writing.12. Remedies.  No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and in addition to every other remedy given hereunder, now or hereafter existing at law or equity or by statute or otherwise. USER AGREES THAT MONETARY DAMAGES MAY NOT BE ADEQUATE TO REMEDY BREACHES OF THIS AGREEMENT AND EXPRESSLY AGREES THAT TOURNAMENT MAY OBTAIN AN INJUNCTION OR OTHER EQUITABLE REMEDY TO PROTECT ITS RIGHTS.
12. Force Majeure and Services Uptime. User understands and agrees that due to circumstances beyond our control, some, or all of the services may be unavailable from time to time, including during routine maintenance. We will endeavor to keep such downtime to the absolute minimum, using all commercially practicable methods, but there will be times that due to natural, governmental, societal, or other events beyond our reasonable control, the services will not be available to users.  We will not be under any obligation to issue refunds for downtime, whether due to scheduled maintenance, or events beyond our control.
13. Entire Agreement. User acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. This Agreement is the entire agreement between the parties, and supersedes all prior amendments and understandings, whether oral or written, relating to the subject matter of this Agreement.  No amendment or modification of this Agreement is binding unless in writing and signed by both parties.
14. Severability. If any part of this Agreement is found to be prohibited by law, the remainder shall remain valid and enforceable.
15. Headings. The section headings in this Agreement are for convenience only, and do not affect in any way the meaning or interpretation of this Agreement.
16. Addendums and Scope. Until otherwise authorized and agreed upon, the services represented in this agreement are specific to the terms and services outlined in this Agreement only. Additional services or changes to the scope or nature of this Agreement must be authorized and signed through an addendum or new services agreement, signed by both parties. This document becomes void only when explicitly voided in future addendums or written agreements.

18. Assignment.  User may not assign User’s rights under this Agreement, and these rights may not be assigned or transferred to any other person or entity by sale and/or operation of law.  Any such attempt to transfer or assign any User right is void.