Terms of Use – AthleteTrax

ATHLETETRAX TERMS AND CONDITIONS OF USE

PLEASE READ THIS DOCUMENT CAREFULLY! THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. YOU ARE ADVISED TO KEEP A COPY OF THESE TERMS OF USE FOR YOUR OWN RECORDS.

These Terms of Use govern your access to and use of the AthleteTrax platform, including, without limitation, the calendar, , user to user messaging, message boards, video features, and fundraising and payment collection features (the “Services“), and any information, text, messages, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). AthleteTrax is granting you access to the Services as a result of your affiliation with your organization (the “Sponsoring Organization”). Your access to and use of the Services are conditioned on your continuing affiliation with the Sponsoring Institution and your acceptance of and compliance with these Terms of Use. AthleteTrax may, in its sole discretion, modify or revise these Terms of Use at any time and your continued use after the publication of such modified or revised Terms of Use will constitute your agreement to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

1. USE OF THE SERVICES; GENERAL TERMS

AthleteTrax hereby grants you a limited, personal, worldwide, revocable, non-assignable and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by these Terms of Use. As a user of the Services, you may submit Content to the Services, including calendar events, messages and videos, provided, that such Content is in compliance with these Terms of Use. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES AND FOR ANY CONSEQUENCES THEREOF. THE CONTENT YOU SUBMIT, POST OR DISPLAY WILL BE ABLE TO BE VIEWED BY OTHER USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, OTHER TEAM MEMBERS AND THOSE AFFILIATED WITH YOUR TEAM. YOU SHOULD ONLY PROVIDE CONTENT THAT YOU ARE COMFORTABLE SHARING WITH OTHERS.

YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY OTHER USERS OF THE SERVICES.

You agree that:

a) You are solely responsible for the activity that occurs on your account and you must keep your account password secure.

b) You may never use another’s account without permission.

c) You will not reverse engineer, de-compile, disassemble or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Services, nor will you modify, adapt, translate or create derivative works based on the Services.

d) You will not copy the Services or evaluate the Services for purposes of competing with the Services, nor will you permit or facilitate third parties in evaluating the Services.

e) You will not remove, obscure or modify any markings or notice of proprietary rights of AthleteTrax or AthleteTrax’s licensors from any media, user interfaces or documentation accessible through the Services.

f) You will not use the Services to track, send, upload or store sensitive personal information, including, without limitation, personal financial information, protected health information or proprietary confidential information. Notwithstanding the foregoing, you may use the Services to make payments to your Sponsoring Institution and/or to contribute to fundraising campaigns of your Sponsoring Institution.

g) You will not post, upload or otherwise exchange any Content that is infringing, obscene, threatening, defamatory, fraudulent, abusive, harassing, or discriminatory, including Content that is infringing on third party intellectual property rights and/or third party privacy rights. AthleteTrax, at its sole discretion, may determine whether any Content violates this Section 1(g).

h) You will not access, tamper with or use areas of the Services or AthleteTrax’s computer systems that exceed the scope of your authorization.

i) You will not knowingly transmit any viruses, trojan horses, trap doors, back doors, worms, time bombs, cancelbots or other malicious code or computer programming routines to the Services.

j) You will not post, upload or otherwise exchange any Content that violates any applicable local, state, national or international law.

2. USE OF CONTENT

Any and all Content displayed on, or transmitted via, the Services is provided to you AS IS and your access to and use of the Services and any Content are at your own risk. You may access the Content solely for your information and personal use. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purposes.

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that AthleteTrax is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. AthleteTrax may, but is not obligated to, monitor or control the Content posted via the Services. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against AthleteTrax with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless AthleteTrax, its owners, officers, directors and employees to the fullest extent allowed by law regarding all matters relating to your use of the Services and any Content posted via the Services.

AthleteTrax does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content submitted to the Services, or any opinion, recommendation, or advice expressed therein, including, without limitation, any Content involving any dietary supplements or NCAA (or other athletic governing body) compliance issues. AthleteTrax expressly disclaims any and all liability in connection with the Content. Under no circumstances will AthleteTrax be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

3. YOUR CONTENT AND CONDUCT

You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you submit.

You covenant and agree that the Content you submit to the Services will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant AthleteTrax all of the license rights granted herein.

AthleteTrax does not permit copyright infringing activities or infringement of intellectual property rights on the Services, and AthleteTrax may remove all Content if notified that such Content infringes on another’s intellectual property rights, as further set forth in Section 12 below, without notice, or liability, to you.

4. OWNERSHIP OF CONTENT

Any and all Content (other than your personal financial information) that you submit, post or display on or through the Services shall become the property of AtheleteTrax. Once you submit, post or display any Content on or through the Services, you no longer have any right, title or interest in or to that Content (other than your personal financial information).

5. ACCOUNTS AND CONTENT

AthleteTrax reserves the right, at its sole discretion, to decide whether Content violates these Terms of Use. AthleteTrax shall have the right, but not the obligation, without prior notice, to delete or otherwise remove Content that violates these Terms of Use and/or to terminate your account for submitting such material in violation of these Terms of Use. All AthleteTrax decisions as to Content shall be final.

AthleteTrax reserves the right to terminate or suspend your account at any time. Your rights to access the Services are dependent upon your continuing affiliation with the Sponsoring Institution, and your account may be terminated at any time if we become aware that you are no longer affiliated with the Sponsoring Institution.

6. ATHLETETRAX’S INTELLECTUAL PROPERTY

All right, title and interest in and to the Services are and will remain the exclusive property of AthleteTrax and its licensors. The Services are protected by copyright, trademark and other laws of the United States. Nothing in these Terms of Use gives you a right to use the AthleteTrax name or any of the AthleteTrax trademarks, logos, domain names or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback comments or suggestions as we see fit and without any obligation to you.

7. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED HEREUNDER ARE OFFERED ON AN “AS-IS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ATHLETETRAX, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, ORAL, WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE OPERATION OR OTHERWISE HEREUNDER, ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND IN NO EVENT SHALL ATHLETETRAX BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR ACCESS THE CONTENT. ATHLETETRAX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL ATHLETETRAX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ATHLETETRAX SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR THE USE OF ANY CONTENT POSTED, MESSAGED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATHLETETRAX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ATHLETETRAX SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AthleteTrax, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

10. ASSIGNMENT

These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by AthleteTrax without restriction. Any attempted assignment by you shall be null and void.

11. GENERAL

These Terms of Use constitute the entire agreement between you and AthleteTrax concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and AthleteTrax’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any action hereto will be governed by the laws of the Commonwealth of Pennsylvania without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Allegheny County, Pennsylvania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

AthleteTrax reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND ATHLETETRAX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. DIGITAL MILLENNIUM COPYRIGHT ACT

We respond to notices of alleged copyright infringement in accordance with the processes set out in the Digital Millennium Copyright Act (“DMCA”). Copyright owners or agents thereof who believe that any Content infringes upon applicable copyrights may submit a notification to AthleteTrax pursuant to the DMCA providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit AthleteTrax to contact the claimant owner, such as an address, telephone number, and, if available, an electronic mail;
A statement that the claimant owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

AthleteTrax’s designated Copyright Agent to receive notifications of claimed infringement is Pineapple Payments Attn: Brian Gross. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as result of a mistake or a misidentification of the Content; and
Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Pittsburgh, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, AthleteTrax may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at AthleteTrax’s sole discretion.

13. PRIVACY

Throughout these Terms of Use, the term “personal information” describes information that can be associated with a specific person and can be used to identify that person. “Personal information” shall not include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. In order to provide you with the Services, we ask you to provide us with some personal information. For an individual user, the minimum amount of information is your email address, a password, and your age (to verify that you are 13 or older). In most cases your name is required as well. AthleteTrax will not sell, rent or lease your personal information to others unless we are required by law or legal process to provide such personal information to law enforcement or a third party and otherwise except as described in these Terms of Use.

THE SERVICES ARE NOT DIRECTED TO, AND NOT INTENDED FOR THE USE OF, CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT REGISTER OR SUBMIT ANY PERSONAL INFORMATION TO ATHLETETRAX OR THE SERVICES.

You may need to pay for your use of the Services using a credit or debit card. We use third party payment card processing companies engaged by us to process payments in connection with the Services. Your credit card information is processed and retained by these third parties and will not be passed on to AthleteTrax. AthleteTrax does not store your payment card information in any way.

You also may use AthleteTrax to collect funds from other users. We may deduct a payment processing fee from these fund transfers. The fund transfers are accomplished using PayPal or another third party payment system, which is subject to separate terms with that third party. No one at AthleteTrax has access to your credit card information. Credit card information is handled by highly-secure third parties. AthleteTrax does not store credit card details in its databases.

As a general rule we use your information, including personal information, solely to provide the Services. However, during the process of developing and troubleshooting the Services, it may be necessary to look at pieces of your information to improve the Services or resolve a problem or dispute. Also, when you write us to request support, our skilled customer support representatives may look at your information in order to assist you. We may also access and use your information to compare information for accuracy and verify it with third parties or to comply with applicable law or legal process.

When we identify a co-brand partner for a site or event, you agree that we may share contact information and transaction data (excluding credit or debit card numbers) with that partner. Information shared with a co-brand partner is subject to their privacy policy. We do not control the privacy policies of co-brand partners and we encourage you to review their privacy policies.

We use third-party service providers to help measure our content and advertising effectiveness and to serve ads on our behalf and on behalf of other third-parties. We may share some anonymous, aggregated demographic information with some of these service providers, but we do not share any personally identifiable information except as specified in these Terms of Use.

We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce these Terms of Use and take other actions permitted by law.