PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: October 9, 2019
Welcome to www.universaltennis.com. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Universal Tennis, LLC
525 University Avenue Suite 1350
Palo Alto, CA 94301
By using this app, I understand and agree that Universal Tennis will process my personal data outside of my country of residence, including in the United States, taking into account the possible risks of such transfer.
Universal Tennis's services are hosted in the United States.
WILL THESE TERMS EVER CHANGE?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.universaltennis.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
WHAT ABOUT MY PRIVACY?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
WHAT ARE THE BASICS OF USING UNIVERSAL TENNIS?
You may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
When you sign up for an account in connection with the Services, you will be required to provide the following information, and you agree to provide us with the following accurate and complete information about yourself:
(a) First Name/Last Name: You may already have results within our system. Knowing your name allows us to pull in all of your previous matches and get you an accurate profile faster.
(b) Date of Birth: Safety is a priority for Universal Tennis, and creating a safer, more secure experience for users on our platform is critical, such as requiring a parent to be present (if applicable), limiting visibility of profile information, etc. Additionally, some events have age restrictions. Knowing your date of birth up-front allows you to have a faster and simpler event registration experience.
(c) Gender: Many events and teams are gender-specific. Knowing your gender up-front allows you to have a faster and simpler event registration experience.
(d) Location: Many tournaments are restricted by geographical region, and sharing your location with us ensures you’re able to register for the correct events near you.
(e) Phone Number: This information is only visible to tournament directors so they can get in touch with you in case an event location changes, a spot on the waitlist becomes available, or your potential flex league partner needs to communicate with you.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
YOUR USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including UT). For clarity, and without limiting the foregoing, you may not use UT’s name, trademark, or logo without prior written consent from UT, including, for example, to refer to or identify your club as a UT, UTR or Universal Tennis Rating official club or territory;
(b) Violates any law or regulation, including, without limitation, any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your UT account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
WHAT ARE MY RIGHTS IN THE SERVICES?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including UT’s) rights.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
DO I HAVE TO GRANT ANY LICENSES TO COMPANY OR TO OTHER USERS?
For all User Submissions, you hereby grant UT a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal UT account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant UT the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant UT the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant UT the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all UT users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with UT’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Company account (by emailing us at email@example.com), we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Company’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that UT, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
WHAT IF I SEE SOMETHING ON THE SERVICES THAT INFRINGES MY COPYRIGHT?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like UT, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
WHO IS RESPONSIBLE FOR WHAT I SEE AND DO ON THE SERVICES?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
UT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, UT will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, 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 transaction with any of these third parties. You agree that UT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that UT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release UT, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
WILL UT EVER CHANGE THE SERVICES?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
DO THE SERVICES COST ANYTHING?
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
a. Paid Services. Certain of our Services may be subject to payments now or in the future, including access to premium content and services to paid users (collectively, the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the App Store (as defined below) linked to your specific device. You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with, such App Store terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with such App Store’s terms and conditions.
b. UT may make Paid Services available to paid users on either a monthly subscription basis and/or a per transaction basis (for instance, the cost of administering a tennis-specific league). When purchasing UT products and/or services on either a monthly subscription or a per transaction basis, you:
(1) Allow UT to automatically charge your account an amount agreed to at the time of purchase, either as a one-time fee and/or every month, in advance, until the expiration of your subscription. Please see parts e. and h. below for further information on “Recurring Billing” and “Auto-Renewal for Paid Services.”
(2) Agree that all (one-time and/or subscription) payments are non-refundable, non-transferable, and non- assignable.
(3) Acknowledge that the origination of these charges to your account must comply with U.S. law.
(4) Agree that UT or your financial institution can cancel automatic payment of your subscription account at any time, with or without prior notice to you.
(5) Agree that this agreement remains in effect until canceled by you, UT, or your financial institution.
UT may change the applicable transaction, administrative and/or service fees for access to premium content and services (or otherwise). UT shall notify you via email at least 14 days prior to the change of applicable fees. If you do not agree to the change, you may cancel your access to premium content and services, and if available, use UT’s free Services.
d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
e. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G. MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE ACCOUNT MAINTENANCE AREA OF YOUR ACCOUNT, OR CONTACT US AT firstname.lastname@example.org.
f. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT MAINTENANCE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
g. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
h. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through the Account Maintenance section of your account, any subscription-based Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to the Account Maintenance section of your account settings (or contact us at email@example.com) or, for mobile applications, cancel your subscription in the subscription management section of the applicable App Store. If you terminate a subscription-based Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICES THROUGH THE ACCOUNT MAINTENANCE SECTION OF YOUR ACCOUNT SETTINGS (OR CONTACT US AT firstname.lastname@example.org) OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. UT WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
i. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
WHAT IF I WANT TO STOP USING THE SERVICES?
UT is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. UT has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of UT.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
WHAT ABOUT MOBILE APPLICATIONS AND IN-APP PURCHASES?
Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. UT is not a party to any In-App Purchase.
I USE THE COMPANY APP AVAILABLE VIA THE APPLE APP STORE - SHOULD I KNOW ANYTHING ABOUT THAT?
(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
WHAT ELSE DO I NEED TO KNOW?
Warranty Disclaimer. Neither UT nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY UT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold UT, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without UT’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with UT and limits the manner in which you can seek relief from UT. Both you and UT acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, UT’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. UT will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. UT will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or UT may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND UT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and UT are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and UT over whether to vacate or enforce an arbitration award, YOU AND UT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor UT is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Universal Tennis, LLC, 525 University Avenue, Suite 1350, Palo Alto, CA 94301 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or UT to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and UT agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Universal Tennis.
You agree that you are aware of the highly contagious nature of bacterial and viral diseases (the "Diseases") and the risk that you may be exposed to or contract the Diseases or other infectious diseases by engaging in or using the Services. You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY USING THE SERVICES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASES, ARISING FROM YOUR USE OF THE SERVICES.
You hereby expressly waive and release any and all claims, now known or hereafter known, against UT and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Services and being exposed to or contracting the Diseases. You covenant not to make or bring any such claim against UT or any other Releasee, and forever release and discharge UT and all other Releasees from liability under such claims.
You acknowledge that you are familiar with any applicable federal, state, and local laws, orders, directives, and guidelines related to the Diseases. You will comply with all such applicable orders, directives, and guidelines in your use of the Services.
You shall defend, indemnify, and hold harmless UT and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by UT or any other Releasees, arising out or resulting from any claim of a third party related to the Disease due to your use of the Services.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms,. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and UT agree there are no third party beneficiaries intended under these Terms
UNIVERSAL TENNIS EVENT SERVICES - TERMS OF SERVICE
You may be required to sign up for an account, and select a password and user name and provide certain additional personal information. You promise to provide UT with accurate, complete, and updated registration information about yourself. You may not provide a name or information that you don’t have the right to use, or another name with the intent to impersonate another person. By using or accessing the Event Services, you represent and warrant that you are at least thirteen (13) years old and, if not, you have received your parent’s or guardian’s permission to use the Event Services and your parent or guardian has agreed to these Terms on your behalf). You will not share your account or password with anyone, and agree that you must protect the security of your account and password. You are responsible for any activity associated with your account.
You understand that through your access and use of the Event Services, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including without limitation risks which arise as a result of exercising, entering an unknown space or environment in which an event takes place, performing intense physical activity, and injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using the Event Services, or other third parties whether as a result of negligence of these individuals or because of other reasons. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISK OF LOSS, DAMAGE, INJURY TO PERSON OR PROPERTY WHICH MAY ARISE FROM OR IS RELATED TO YOUR ACCESS AND USE OF THE EVENT SERVICES, WHETHER SUCH RISK IS KNOWN OR UNKNOWN TO YOU.
In consideration for your access and use of the Event Services, you agree that:
You have read any rules and conditions applicable to the Event Services made available to you, and you agree that all the Event Services are owned by UT.
You understand that your use of the Event Services you may provide or receive information which shall be subject to the General Terms. UT grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license under its rights to use any content, information or media (“Content”) solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from UT.
If you wish to provide us with any personal information of any children under the age of 13, you (1) represent and warrant that you are the parent or legal guardian of such children, and (2) you hereby provide consent in your capacity as such to the consents and terms set forth herein.
IN NO EVENT WILL UT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EVENT SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE EVENT SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THE TOTAL LIABILITY OF UT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO UT IN CONNECTION WITH THE EVENT SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY UT , its officers, directors, employees, agents, and leaders from any and all liability on account of, or in any way resulting from any injuries or damages, even if caused by negligence of UT, its officers, directors, employees, agents, and leaders, in any way connected with the Event Services. You understand and intend that this assumption of risk and release is binding upon your heirs, executors, administrators and assigns, and includes any minors who may have access to the Event Services. If you are a California resident, you shall and hereby do expressly waive all rights conferred by Section 1542 of the California Civil Code, or any substantially similar law which states in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor.”
THE EVENT SERVICES ARE PROVIDED BY UT ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR THAT USE OF THE EVENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and the General Terms, are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement; in the event of any express conflict between these Terms and the General Terms, these Terms shall govern. These Terms are personal to you, are non-assignable by you, are governed by the laws of the State of California (without regard to its conflicts of laws provisions) and may be modified or waived only in a writing signed by both you and UT. By accessing and/or using the Event Services, you agree to the Arbitration Agreement set forth in the General Terms. If any provision of this Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this Agreement shall be entitled to recover attorneys’ fees and costs. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
UNIVERSAL TENNIS HIGH SCHOOL SERVICES - TERMS OF SERVICE
High School Match Results: Only official high school (“HS”) events and match results from the official HS schedule during the approved HS regular season and approved state/conference match formats will count towards players’ Verified UTR
All Results: All results from an HS season must be posted. Team cannot choose to selectively post results and any intentional withholding of match results may cause a teams’ matches not to count towards players’ Verified UTR
Team Rosters: Teams must post their complete team roster (minimum of 6 players). For any exceptions, please contact support.universaltennis.com
Verified UTR Rules: Only matches which follow UTR Verified Rules will count towards players’ UTR. For clarity, challenge matches, exhibitions, JV matches and/or any other unofficial HS matches will not count towards a players’ Verified UTR. Results from such matches can be posted using the “Post a Score” feature on the HS team page and will be considered towards players’ UTR only.
HS Player Limitation: Events organized via the HS team page must feature HS players only. Any non-official HS and/or open event (or any event which includes players not in high school) must be run via an Events-Only Club on UT. For more information on the Events-Only Club on UTR and/or Premium Clubs, please contact support.universaltennis.com
Non-Compliance: Non-compliance with any of Sections 1 through 5 may result in the loss of privileges, including by not limiting to termination of your use of any of the High School Services.
UNIVERSAL TENNIS PAID HITS - TERMS OF SERVICE
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Use of the Services
You will only use the Paid Hits for your own internal, personal use and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Paid Hits and your actions and omissions that relate to the Paid Hits (for example, Hitters (as defined below) must comply with all laws that relate to the Hitter’s Services (as defined below)). If your use of the Paid Hits is prohibited by applicable laws, then you aren’t authorized to use the Paid Hits. We can’t and won’t be responsible for your using the Paid Hits in a way that breaks the law.
Universal Tennis retains the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing or using Paid Hits in the event of a violation of these Paid Hits Terms, your act or omission that causes harm to Universal Tennis or others, or for any other reason.
Connecting Hitters and Players
Through Paid Hits, Universal Tennis connects those providing tennis hitting services (“Hitters”) and those looking to acquire their services (“Players”). When we use the word “you” in these Paid Hits Terms, it refers to any user, regardless of whether he or she is a Hitter or Player, while if we use one of those specific terms, it only applies to that category of user.
Universal Tennis uses reasonable efforts to vet each potential Hitter, including checking each Hitter’s background, experience and relevant certification (including Safe Play certification), before recommending certain Hitter to Players. However, before receiving services from any Hitter (“Hitter Services”), Players are responsible for making their own determination that the recommended Hitter is suitable. Universal Tennis is only responsible for connecting Hitters and Players, and can’t and won’t be responsible for making sure that Hitter Services are actually provided or are up to a certain standard of quality.
Universal Tennis similarly can’t and won’t be responsible for ensuring that information (including credentials) a Hitter or Player provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Hitter or Player, and Hitters aren’t our employees.
Hitters are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Universal Tennis. Universal Tennis does not offer the Hitter Services and does not employ individuals to perform the Hitter Services. You hereby acknowledge that Universal Tennis does not supervise, direct, control or monitor the Hitter Services and expressly disclaims any responsibility and liability for the Hitter Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
If there is a dispute between a Hitter and a Player, including without limitation, relating to the payment of and/or the amount of Paid Hits Fees, you agree that Universal Tennis is under no obligation to become involved. In the event that you have a dispute with one or more Hitters or Players, you release Universal Tennis, its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Paid Hits. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Additional Terms Specific to Players
In order to use Paid Hits as a Player, you must be at least thirteen (13) years old, and by accessing and/or using Paid Hits, you represent and warrant that you are at least thirteen (13) years of age. If you are under (18) years of age, you acknowledge and agree that we may send a notification to your parent or guardian at the parent/guardian contact information associated with your account in connection with each Hitter Service you request or book.
Additional Terms Specific to Hitters
In order to be eligible to be a Hitter for Paid Hits, you must be at least sixteen (16) years old and you must submit an application to Universal Tennis for approval. You represent and warrant that all information you provide in your application and in response to any additional requests from Universal Tennis is complete and accurate. Universal Tennis reserves the right to reject any applicant in its sole discretion.
As a Hitter, you may receive Player requests for Hitter Services via Paid Hits, which may include basic information related to such requested Hitter Services, such as the name of the Player, the type of Hitter Services requested (e.g. coaching or matchplay), and/or the timeline requested. You may choose to accept requests for Hitter Services that you are willing and able to fulfill via Paid Hits. You may not accept requests you are not able to or do not intend to fulfill. You acknowledge and agree that once you have been accepted as a Paid Hitter, Universal Tennis may provide certain information about you to the Player, including your name and certain contact information. As between Universal Tennis and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the manner to perform each instance of the Hitter Services, and (b) except for the Paid Hits platform, you shall provide all necessary materials, at your own expense, necessary to perform the Hitter Services.
No Hitter may collect any information, with the exception of contact information offered by the Player for the purpose of communication for scheduling a Paid Hit, from or relating to Players (“Player Information”), whether via Paid Hits, in the course of performing Hitter Services, or otherwise, beyond what is necessary to perform the Hitter Services for the applicable Player from or about whom such Player Information was collected. Hitters also must not use any Player Information beyond what is necessary to perform the Hitter Services for such applicable Player. Upon the conclusion of the Hitter Services for a Player (or otherwise upon the request of such Player or Universal Tennis), Hitter must properly destroy all Player Information from or relating to such Player and make no further use of it whatsoever. Hitters must collect, use, maintain, and transmit all Player Information in compliance with all applicable laws.
As a Hitter, you acknowledge and agree that: (a) after receiving Hitter Services, a Player may be asked to provide a rating of you and such Hitter Services and, optionally, to provide comments or feedback about you and such Hitter Services, whether through the Universal Tennis platform, mobile application, website or other means; and (b) after providing Hitter Services, you may be asked to provide a rating of the Player and, optionally, to provide comments or feedback about the Player, whether through the Universal Tennis platform or other means. You shall provide your ratings and feedback in good faith.
Universal Tennis reserves the right to use, share and display your and Player ratings and comments in any manner in connection with the business of Universal Tennis without attribution to you or your approval. You acknowledge and agree that Universal Tennis is a distributor (without any obligation to verify) and not publishers of your and Player ratings and comments, provided that Universal Tennis reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Universal Tennis’s content policies.
Paid Hits Fees
Hitters must be annual Power subscribers for $99/year and Universal Tennis charges a small fee per Paid Hit. Paid Hitters are required to use the Universal Tennis platform to process the payment of Paid Hits through their connected Stripe account.
For each instance of Hitter Services requested, received and/or completed, the Player may agree to pay the Hitter a fee (the “Paid Hits Fees”) for the Hitter Services. The amount, payment schedule and all other matters relating to Paid Hits Fees are solely between the Player and the Hitter. Both Player and Hitter acknowledge and agree that Universal Tennis has no responsibility or liability relating to the Paid Hits Fees. Player will indemnify and hold harmless Universal Tennis from and against any claims relating to the Paid Hits Fees, including without limitation, the failure to timely pay any Paid Hits Fees.
You acknowledge and agree that you are responsible between yourselves for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax in connection with the Hitter Services.
Termination of Paid Hits
We are also free to terminate (or suspend access to) your use of Paid Hits for any reason in our discretion, including your breach of these Paid Hits Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Paid Hits Terms; for example, a Player who believes that a Hitter may be in breach of these Paid Hits Terms is not able to enforce these Paid Hits Terms against that Hitter (or vice versa). In addition, and notwithstanding anything else, we may terminate and/or deactivate your access to Paid Hits immediately, with or without notice, in the event you no longer qualify, under applicable law or the standards and policies of Universal Tennis, to provide or engage with the Hitter Services.
Provisions that, by their nature, should survive termination of these Paid Hits Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.