statUP TERMS OF SERVICE

Last Modified: 11May 2016

The statUP Platform is provided by statUP LLC (“statUP” or “us” or “we”). These Terms of Service (“TOS”) govern your use of the online software, services and mobile applications that we provide (collectively, “the statUP Platform”).

These TOS are a binding contract between you and statUP, and by creating an account or otherwise accessing or using the statUP Platform, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND THE WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED BELOW. If you do not agree to be bound by the TOS, you may not use the statUP Platform.

Your License to Use the statUP Platform

We are providing you with access to the statUP Platform in accordance with a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. This license is available to you as long as you are not barred from the statUP Platform by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use the statUP Platform. statUP reserves all rights under these TOS to the extent statUP does not expressly grant those rights to you in these TOS.

Canceling Your Account

While we hope you enjoy using the statUP Platform, you may cancel your account at any time through the means provided on the statUP Platform. We do not refund any fees you may have paid in advance for any rights to access or use the statUP platform.

Restrictions and Prohibited Uses

The statUP Platform is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you may not:

  • Attempt to impersonate another person or use another person’s statUP Platform account information without authorization;
  • Use or distribute the statUP Platform for your own scientific or clinical research purposes;
  • Violate or attempt to violate the statUP Platform’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of the statUP Platform systems and networks;
  • Redistribute, decompile, reverse engineer, publish, or copy the statUP Platform;
  • Use the statUP Platform for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search the statUP Platform by any means other than our publicly supported interfaces (for example, “scraping”);
  • Interfere with others’ use and enjoyment of the statUP Platform;
  • Use the statUP Platform or any trademarks, player names, team names, trade names, service marks, copyrights, or logos of statUP or any other entity, in unsolicited mailings, spam material, contests or surveys, or to create the false or misleading impression that such items are associated with you;
  • Violate any third party’s rights, including intellectual property or privacy rights;
  • Threaten, stalk, harm, or harass others; or engage in activity in connection with the statUP Platform that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your access to the statUP Platform account, and may also subject you to civil or criminal penalties.

Intellectual Property

The statUP Platform is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store the statUP Platform content in any form outside of the statUP Platform and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any the statUP Platform content. You agree that all data and algorithms used in connection with providing the statUP Platform to you are “trade secrets” as defined by applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in the statUP Platform. All intellectual property rights in the statUP Platform are, as between you and statUP, the sole and exclusive property of statUP.

Some of the statUP Platform features either now or in the future may allow you to post or submit content and materials for publication on the statUP Platform (“Your Content”). As between you and statUP, you own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer the statUP Platform or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate when you provide us feedback through customer service or by email or social features, and you hereby agree that we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions, you provide to us, regardless of whether such information would be considered confidential or proprietary to you.

Data and Information You Upload

You agree not to upload to the statUP Platform any data, information or other content for which you do not have all the rights necessary to make such use of that data, information or content. Without limiting the generality of the foregoing, you agree that you will not upload to the services any data you obtained in a manner that violates any applicable law or that breaches any duty of confidentiality. If you upload any data, information or other content pertaining to any other person (e.g., a player or participant on a team you coach), you hereby warrant and represent to statUP that you have obtained all necessary rights to upload such data, information or other content.

You acknowledge that any data storage functionality of the statUP Platform is not intended for the storage of Social Security numbers, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree not to upload or otherwise submit any Sensitive Personal Information to the statUP Platform. You agree that we will have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the statUP Platform.

DISCLAIMERS

YOU AGREE THAT USE OF THE STATUP PLATFORM IS AT YOUR OWN SOLE RISK AND THAT THE STATUP PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STATUP AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE STATUP PLATFORM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

WE STRIVE TO MAINTAIN THE STATUP PLATFORM ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE STATUP PLATFORM AT ALL TIMES.

YOUR USE OF THE STATUP PLATFORM IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND YOU SHOULD NOT RELY ON THE RESULTS OF ANY INFORMATION YOU OBTAIN THROUGH YOUR USE OF THE STATUP PLATFORM. YOUR PERFORMANCE IN CONNECTION WITH USING THE STATUP PLATFORM IS NO INDICATION OF YOUR ACTUAL ATHLETIC PERFORMANCE, NOR IS IT AN INDICATOR OF YOUR ACTUAL CHANCES FOR SUCCESS IN ATHLETIC PERFORMANCE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL STATUP OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THE STATUP PLATFORM FOR, (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO THE STATUP PLATFORM, IF ANY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF THE STATUP PLATFORM; (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR (IV) ANY EXPECTATION BY YOU, INCLUDING BUT NOT LIMITED TO EXPECTATION RELATING TO ATHLETIC PERFORMANCE OR SUCCESS, BASED ON YOUR USE OF THE STATUP PLATFORM.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN STATUP AND YOU. YOU UNDERSTAND THAT THE STATUP PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

Warranty of Sufficient Physical Fitness

You represent and warrant that you are in sufficiently good physical condition to engage in the strenuous physical activity required of your sport, or to engage in any of the activities promoted, discussed, tracked, or otherwise involving the statUP Platform. You further represent and warrant that you have consulted with a qualified physician who has determined that you are in sufficient form to engage in the strenuous physical activity involved with playing competitive sports. In no event shall we or any individual or company involved with us be liable for any personal injury you suffer in any way connected with your use of the statUP Platform. IF YOU ARE NOT IN SUFFICIENT PHYSICAL CONDITION TO ENGAGE IN THE STRENUOUS PHYSICAL ACTIVITY INVOLVED WITH PLAYING COMPETITIVE SPORTS OR IN UNDERTAKING THE ACTIVITIES ASSOCIATED WITH THE STATUP PLATFORM, YOU SHOULD NOT ENGAGE IN THE ACTIVITIES CONNECTED WITH THE STATUP PLATFORM.

DMCA Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on the statUP Platform, you may contact our designated agent by email to dmca-complaint@statup.com or at the following address:

statUP LLC.

ATTN: DMCA Complaint

702 Churchill Farms Dr.

Georgetown, TX 78626 USA

You must include the following information in your complaint:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the statUP Platform;
  • your mailing address, telephone number, and if available, email address;
  • a statement by you that you have a good faith belief that the use of the material on the statUP Platform is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

Indemnification

You will indemnify and hold harmless statUP, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to or use of the statUP Platform, Your Content, or the violation of these TOS by you.

Agreement to Arbitrate and Waiver of Class Action Claims

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE STATUP PLATFORM WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these TOS as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: statUP LLC, 702 Churchill Farms Dr., Georgetown, TX 78626 USA. The arbitration will be conducted by the American Arbitration Association (AAA) in Austin, Texas, under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

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. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using the statUP Platform, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and statUP.

General

(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

(b) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the statUP Platform or by posting an updated TOS on the statUP Platform at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of the statUP Platform following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(c) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by statUP on the statUP Platform, the TOS shall govern, unless otherwise indicated. Sections of the TOS which by their nature should survive any termination of the TOS will indeed so survive.

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