Our simple ground rules to show we respect your league, your data, and your privacy.
The LeagueApps Platform may be used and accessed by sports organizers who use the LeagueApps sports management software to interact with sports registrants and/or by sports registrants themselves. (Sports registrants refer to member account holders who are either (a) a sports participant over the age of 13 or (b) the parent or legal guardian of a youth sports participant under the age of 13.) As such, the Services may be offered to users by LeagueApps, itself, or by one or more third party league organizers who offer a white label or private-label version of our platform to their sports registrants.
We collect several types of information from and about users of the Services, some of which is personally identifiable and some of which is non-identifying or aggregated, including information:
We collect this information (i) directly from you when you provide it to us, (ii) automatically as you use the Services (which information may include usage details, Internet Protocol (IP) addresses and information collected through cookies and other tracking technologies), and (iii) from third parties (such as our business partners).
In connection with certain aspects of the Services, we may request, collect and/or display some the following types of information from our registered users:
We may also collect the following information from any visitor to our Site, including, but not limited to registered users:
You also may provide information to be published or displayed on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, “User Data”). User Data is posted on and transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services. Therefore, we cannot and do not guarantee that User Data will not be viewed by unauthorized persons.
We collect personally identifiable information, such as names and email address only when you provide it to us. If you do not wish for your personally identifiable information to be used or collected, please do not submit it to us. Do not submit personally identifiable information about others (for example, sports registrants) without their permission. Whether or not you choose to provide personal information is completely your own choice. But if you choose not to provide the information we request, you may be unable to use certain services, offers, and content on our Site, or that may be available by using the Services. Generally speaking, we use the information from and about you to: provide you with the all features and functions of the Site and the Services; communicate with you regarding our Services and/or events, opportunities or promotions that may be of interest to you; provide users with superior service and with information, opportunities and features targeted to your organization; provide all visitors a smooth, efficient, and personalized experience while using our Site and/or Services. We do not use your personal identifiable information to make automated decisions. As discussed above, our web servers may automatically collect non-personally identifiable information, including the web page from which a visitor enters our Site, which pages a visitor visits on our Site, and how much time a visitor spends on each page. We aggregate this information and use it to evaluate and improve our Site and Services and use the information for market research purposes, including for our third party sponsors/partners. We may also use information for research purposes, to develop new products and services, to analyze customer behavior and to help us understand how visitors use our Site and Services and to measure interest in the various pages, to gather statistical information, improve the content of our Site, to make our Site easier to use, or to provide information and statistics to our sponsors/partner. Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information, as well as for any other purposes with your consent.
Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please e-mail firstname.lastname@example.org.
We do not explicitly transfer your personal information internationally. However, if you visit and interact with our Site from a non US country, and you submit or retrieve personal information, as discussed above, this will constitute international transfer between you and our Site.
We use reasonable technological and physical safeguards to protect personally identifiable information you provide to us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.
The safety and security of your information also depends on you. We urge you to keep any password for use of the Services and/or Site in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to the Site or your use of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
We may share your information with third parties as follows:
We may also share aggregated, non-personally identifiable information publicly, including with users, partners or the press in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.
If you do not want your personally identifiable information collected or stored, please do not submit it to us. If you have already submitted personal information and would like us to correct or remove your information from our records, please contact us at email@example.com.
In addition, if at any time you no longer want us to send you any regular communications, you may "opt-out" of such future communications by clicking on the "unsubscribe" link at the bottom of the newsletter or email. To "opt-out" of products, programs, services, or offers from our trusted partners, please contact privacy@LeagueApps.com.
If you reside in California and you have provided us with personal information, you may request information about our disclosures of certain categories of your personal information (if any) to third parties for their direct marketing purposes. Such requests must be submitted to us at firstname.lastname@example.org. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties (if any) for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email address specified in this paragraph.
The Site is not directed at and should not be used by children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, you are not permitted to provide any information to or on the Services (including any information about yourself, such as your name, address, telephone number, e-mail address or any screen name or user name you may use). Only parents or legal guardians may create an account for youth leagues and/or submit information about youth sports participants. LeagueApps does not solicit or collect personal information from children under the age of 13. If we learn we have collected or received personal information from a child under 13, we will delete that information and any related account. By registering for the Site and/or Services, users represent and warrant that they are over 13 years of age.
Our Site and Service may interface with third party sites and services (for example, social media platforms like Facebook, Twitter, Google+ or other third party applications, sites or services). Our Site may also contain links to websites operated and maintained by third parties, over which we have no control.
Updated: May 25, 2018
Please read these Terms of Service carefully as they contain important information regarding your legal right, remedies and obligations. If you do not agree to these Terms of Service, you should leave the Site immediately and discontinue use of the Services immediately.
Welcome to LeagueApps, a digital platform to manage and organize participatory sports. The LeagueApps platform (“Platform”) may be used and accessed by sports organizers who use the LeagueApps sports management software to interact with sports registrants and/or by sports registrants themselves. (Sports registrants refer to member account holders who are either (a) a sports participant over the age of 13 or (b) the parent or legal guardian of a youth sports participant under the age of 13.) As such, the Services (as defined below) may be offered to users by LeagueApps, itself, or by one or more third party league organizers who offer a white label or private-label version of our platform to their sports registrants.
These Terms of Service (these “Terms of Service”) constitute an agreement between you and LeagueApps, Inc. (“LeagueApps”, "we" or "us"). These Terms of Service, together with any documents expressly incorporated herein, govern your access to and use of the Platform, the website located at http://leagueapps.com (the “Site”), including any content, functionality and services offered on or through the Platform or the Site, and any of our other services or products (the Platform, the Site and any of our other services or products, collectively, referred to as the “Services”), whether or not you register as a user and whether or not you are a sports organizer or a sports registrant. The terms “you” or “your” refer to sports organizers, sports registrants and all visitors, users and others who access any of the Services.
If you are entering into these Terms of Service on behalf of an organization, you represent that you have the authority to bind the organization to these Terms of Service, in which case the terms “you” or “your” shall refer to the organization. If you do not have such authority, or if you do not agree with these Terms of Service, you must not use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, (iii) you expressly accept and agree to be bound by the terms hereof, and (iv) you have independently evaluated all aspects of these Terms of Service and have entered into these Terms of Service without relying on any representation, guarantee or statement other than those expressly set forth in these Terms of Service.
In addition to these Terms of Service, in some cases, your use of the Services may be subject to additional terms and privacy policies. Specifically:
LeagueApps reserves the right to update and change these Terms of Service without notice, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
LeagueApps is a platform that enables participatory sports organizations to use digital sports management functionality and communicate with their members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer users and league organizers unique events, opportunities, products or services. To take full advantage of all the functions and features of the Services, you must create a member account (“Member Account”) and a web site for your organization (“Member Web Site”). To create a Member Account we may ask you to provide the following information: name, email address, phone number, organization name, role in organization, number of players, organization website and zip code. It is a condition of your use of the Services that all the information you provide is correct, current and complete.
LeagueApps disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with these Terms of Service or if we are investigating your suspected misconduct. We also reserve the right to modify, suspend or discontinue the Services, or add or create new limits to our Services, with or without notice at any time and without any liability to you.
In addition, LeagueApps disclaims, and sports organizers accept, all responsibility and liability for the use of such sports organizers’ Member Web Sites by sports registrants or any other third parties. Furthermore, LeagueApps disclaims, and sports registrants accept, all responsibility and liability for the use of sports organizers’ Member Web Sites.
Your use of the Services and any of its functions or features is subject at all time to these Terms of Service and any other applicable third party terms.
You must not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must access the Services using applications provided by LeagueApps or using a standard web browser. Using automated tools to access, upload or download content is not permitted. You must be 18 years of age or older to create an account or web site on LeagueApps. Fraudulent accounts will be terminated. Only parents or legal guardians may create an account for individuals under the age of 13 or for youth leagues and/or submit information about individuals under the age of 13 or about youth league participants.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity outside of your organization. You acknowledge and agree that, except with respect to your organization, (i) your account is personal to you and you will not provide any other person with access to the Services using your user name, password or other security information, and (ii) you will notify us immediately of any unauthorized access to or use of your account or any other breach of security.
We are not responsible or liable for any account ownership disputes that may arise with respect to Member Accounts or Member Web Sites. In the event of a dispute regarding account ownership, our policy is to not make any changes to account ownership unless and until we are able to reasonably determine the rightful account owner. As such, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the account, and other verifiable documentation. LeagueApps reserves the right, at its sole discretion, to, at any time, determine the rightful owner of Member Accounts and Member Web Sites and transfer an account to the rightful owner. Our determination of account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of account ownership, we may terminate your Member Account and/or Member Web Site.
You acknowledge and accept the foregoing account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against LeagueApps arising out of such policy and our ownership determination, agree immediately to dismiss any claim so brought, and hereby indemnify and release LeagueApps from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
Either LeagueApps or you may terminate or cancel a Member Account or Member Web Site at any time without notice. You understand and agree that your cancellation of your Member Account is your sole right and remedy with respect to any dispute with LeagueApps.
In the event that you decide to terminate or cancel your Member Account or Member Web Site, you may use available LeagueApps tools to export all of your data and information.
You acknowledge that LeagueApps reserves the right to charge for the Services and/or specific functions or features of the Services and to change its fees from time to time in its discretion. In the event of a termination of your LeagueApps account for any reason, whether by LeagueApps or by you, you shall not be entitled to a refund of any unused portion of the fees paid by you to use the Services. Further, you will be responsible to LeagueApps for an additional cancellation fee, should LeagueApps choose to charge such cancellation fee.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your membership may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, your Member Account and/or your Member Web Site may be terminated and you may be prohibited from accessing or using the Services.
By purchasing any Services, you hereby authorize LeagueApps to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen purchase. You hereby understand and agree that in most cases, LeagueApps will be charging your designated credit card in accordance with the payment schedule of the Transaction or Service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify LeagueApps of any changes to your credit card or if your credit card has expired, otherwise your access to the Services may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction or use of the Services. Amounts not paid by you to LeagueApps when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that LeagueApps may incur in its efforts to collect any remaining balances due from you. These Terms of Service shall in no way limit any other remedies available to LeagueApps. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. LeagueApps reserves the right, at its sole discretion, to retroactively charge your credit card (or other applicable payment mechanism) for any outstanding balances greater than sixty (60) days old. You must notify LeagueApps of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify LeagueApps within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of products or programs by you through a Member Web Site, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law. Sports organizers and sports registrants must resolve all questions or disputes regarding the foregoing directly with each other. LeagueApps is not responsible or liable for the practices of sports organizers or sports registrants, or for sports organizers’ and sports registrants’ interactions with each other or use of Member Web Sites, including without limitation any claims for payments or refunds.
The Services may contain links to third party websites or services that are not owned or controlled by LeagueApps (including Member Web Sites), and includes features that allow you to interact and communicate with third parties (including sports organizers and sports registrants). When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. LeagueApps has no control over, and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third party websites, or which are posted to or through the Services by other parties, including those embedded within Member Web Sites. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
LeagueApps is not responsible for the actions, content, information or data of any third parties, including sports organizers, sports registrants or other users. You are solely responsible for your interactions with sports organizers, sports registrants or other users of the Services, and any other parties with whom you interact through the Services. Additionally, your dealings with third parties found on the Services or participation in their promotions or activities, including payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that LeagueApps shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including in relation to your participation in any activities of sports organizers).
If you have a dispute with one or more users or any other parties with whom you interact through the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
You are legally responsible for all data, content or other information ("Member Content") uploaded, posted or stored through your Member Account or on your Member Web Site or otherwise through your use of the Services. You are responsible for any Member Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. LeagueApps does not control the Member Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. LeagueApps reserves the right, in its sole discretion, without notice at any time, to (a) review the Member Content posted via the Services; (b) edit, remove or refuse to post any Member Content, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for LeagueApps; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and LeagueApps.
If you choose to submit any feedback, suggestions or ideas (“Submissions”), you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of LeagueApps without any obligation of LeagueApps to you; and (f) you are not entitled to any compensation or reimbursement of any kind from LeagueApps under any circumstances.
In connection with any Member Content, you represent and warrant the following:
You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following:
The Services and all past, present and future content of the Services, including all software and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of LeagueApps, are (i) owned by LeagueApps, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.
You may not use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit any content on the Services for any purposes other than as expressly permitted under these Terms of Service. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
If you are a sports organizer, you hereby grant LeagueApps a non-exclusive, limited right to use your organization’s trade name, trademarks, service marks, logos and other distinctive or proprietary brand features for promotional, marketing and service implementation purposes in connection with your use of the Services.
We respect the intellectual property of others and we expect our users of the Services to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who infringe or potentially infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our agent for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (iii) a description of where the Disputed Material is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the Disputed Material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the Disputed Material, or are authorized to act on behalf of the owner of the Disputed Material.
Our Copyright Agent can be reached as follows:
c/o LeagueApps, Inc.
38 W 21st St 7th floor
New York, NY 10010
LEAGUEAPPS IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT OR MEMBER CONTENT, OR (B) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING OTHER USERS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT WILL LEAGUEAPPS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO LEAGUEAPPS FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless LeagueApps, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to, use, or misuse of the Services, (ii) your violation of these Terms of Service or any additional terms applicable to your use of the Services, or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your Member Content.
You release LeagueApps and expressly waive any and all claims against LeagueApps that may arise from your use of the Site and/or the Services. Specifically, without limitation, by providing information and/or uploading content within the Site and/or the Services, you release LeagueApps and expressly waive all claims against LeagueApps arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Site and/or the Services.
THE MATERIALS APPEARING ON THE SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LEAGUEAPPS NOR ANY PERSON ASSOCIATED WITH LEAGUEAPPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LEAGUEAPPS NOR ANYONE ASSOCIATED WITH LEAGUEAPPS REPRESENTS OR WARRANTS THAT ANY OF THE MATERIALS ON ITS SITE OR ANY MEMBER WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT OR THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LEAGUEAPPS BE RESPONSIBLE OR LIABLE FOR (I) MAINTAINING, STORING OR TRANSMITTING DATA GENERATED THROUGH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION DATA YOU INPUT REGARDING SPORTS PARTICIPANTS; AND (II) ANY CHANGES OR MODIFICATIONS TO SETTINGS FOR THE SERVICES OR MODIFIED FUNCTIONALITY OF THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO BACK-UP ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU, AND YOU ACKNOWLEDGE AND AGREE THAT LEAGUEAPPS SHALL NOT BE RESPONSIBLE OR LIABLE FOR PROVIDING ANY COPIES THEREOF TO YOU. YOU ACKNOWLEDGE AND AGREE THAT UPON CONCLUSION OR TERMINATION OF THE TERM OF THE SERVICES, ANY AND ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU MAY BE DELETED AND DESTROYED, AND COPIES OF SUCH INFORMATION AND DATA MAY NOT BE AVAILABLE TO SHARE WITH YOU.
LEAGUEAPPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Initiating a Formal Claim
Any and all disputes or claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) between you and LeagueApps shall be resolved by the processes set forth in these Terms of Service. LeagueApps provides the Services to you on the condition that you accept the dispute resolution provisions described below. Accordingly, if you initiate any claim against LeagueApps in any other manner, you shall be in violation of these Terms of Service and you agree that LeagueApps shall be entitled to have such action dismissed or otherwise terminated. You further agree to reimburse LeagueApps for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against LeagueApps, you will send us a notice to email@example.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms of Service.
Alternative Dispute Resolution Process
Subject to any applicable laws, if a claim arises between you and LeagueApps with a total value of less than $10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and LeagueApps agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Except as otherwise provided herein, you and LeagueApps agree that any and all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by this Arbitration Agreement. You may review those rules and procedures, and obtain a form, known as a “Demand for Arbitration,” for initiating arbitration proceedings at www.adr.org. The arbitration shall be held in New York, New York. If the value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted according to the Alternative Dispute Resolution Process described above.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. The parties will share the costs of the arbitration until the final determination is made, at which point, the arbitrator will be permitted to award the prevailing party legal costs of the arbitration.
YOU AND LEAGUEAPPS AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (REFERRED TO HEREIN AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”). UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICES.
Except with respect to the Prohibition of Class and Representative Actions described above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms of Service and this section will continue to apply.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this Arbitration Agreement, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Please report any violations of these Terms of Service directly to LeagueApps.
No waiver by LeagueApps of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LeagueApps to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
LeagueApps shall not be liable for any failure to perform its obligations hereunder. These Terms of Service and any subsequent versions of these Terms of Service posted to the Site will be deemed a legally binding contract signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind LeagueApps in any respect whatsoever.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
38 W 21st St 7th floor
New York, NY 10010
Updated: May 25, 2018