SportCoups Terms & Conditions

Terms & Conditions
Terms of Service SportCoups LLC provides its services (described below) to you through its website and mobile applications (the “Platform”) and related services (collectively, such services, including any new features and applications, and the Platform, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). If you are an individual fundraiser (as defined below) based in the United States, you will be contracting with SportCoups LLC. For purposes of the following Terms of Service, “SportCoups,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing Dispute Resolution By Binding Arbitration shall be made as specified therein. We will also endeavor to notify you, either through the Services user interface, in an email notification, or through other reasonable means of such changes. Unless otherwise stated, SportCoups may communicate with you officially by any reasonable means now known or later developed. Current forms of communication include email, regular mail, and postings on the Platform. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at https://www.Sportcoups.com/privacy. All such terms are hereby incorporated by reference to these Terms of Service; provided, however, such other terms may be modified in accordance with their respective terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict. Access and Use of the Services: Services Description: The Services are offered as a platform to users of the Services, which may include a Fundraiser Organizer (Student Athletes, parents and legal guardians of student athletes) and Donors (each defined herein) and other registered users of the Services (which may include users who simply “like” Fundraisers or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a “Fundraiser Organizer”) to post a fundraiser (“Fundraiser”) to the Platform to accept monetary donations (“Donations”) from those registered donors wishing to contribute funds to the Fundraiser (“Donors”). For purposes hereof, the term “Fundraiser Organizer” shall also be deemed to include any individual(s) designated as a beneficiary of a Fundraiser. Although there are no fees to set up a Fundraiser, a percentage of each Donation will be charged as a fee for the Services. Please see our Fees section for details. Charitable Giving: Fundraisers are not charities to which you can make tax-deductible charitable contributions. As used in this Agreement, the term “Fundraisers” does not refer to a Charity and you acknowledge that contributions to Fundraisers are not deductible under your jurisdiction’s applicable tax laws and regulations. The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. SportCoups facilitates the Donation transaction between the individual Fundraiser Organizer and Donors, but is not a party to any agreement between an individual Fundraiser Organizer and a Donor. SportCoups is not a broker, agent, financial institution, creditor or insurer for any user. SportCoups has no control over the conduct of, or any information provided by, a Fundraiser Organizer and SportCoups hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. SportCoups does not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Fundraiser or Fundraiser Organizer. We make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Fundraiser or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Fundraiser. We do not and cannot verify the information that Fundraiser Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose described by any Fundraiser Organizer. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with each Fundraiser Organizer. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Fundraiser Organizer is not raising or using the funds for their stated purpose, please “Report” them to us to alert our team of this potential issue and we will investigate. You, as a Fundraiser Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Fundraiser is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your fundraiser; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize SportCoups, and SportCoups reserves the right to, provide information relating to your Fundraiser to Donors and beneficiaries of your Fundraiser and with law enforcement or to assist in any investigation. Your Registration Obligations: You may be required to register with SportCoups in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Fundraiser Organizers must register using their true identities, including their name and any image purporting to depict the Fundraiser Organizer. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 14 years of age, you are not authorized to use the Services, with or without registering; however, you can ask a parent or guardian to create a Fundraiser on your behalf. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. While we may help facilitate such registration in some cases in connection with payment processors with which SportCoups has partnered, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy. Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SportCoups of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. SportCoups will not be liable for any loss or damage arising from your failure to comply with this Section. Modifications to Services: SportCoups reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree, to the extent permitted by law, SportCoups will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service. Sponsor/Merchant Discount coupons or Mobile coupons: From time to time, merchants may serve as SportCoups’ sponsors (“Sponsors”). In connection with a sponsorship, Sponsors may make discount coupons and other incentives available to Donors (“Sponsor Discount Coupons”). SportCoups reserves the right to modify, suspend or discontinue, temporarily or permanently, the Sponsor Discount Coupons (or any part thereof). Also, Sponsor Discount Coupons can be added, changed or discontinued at any time. You agree, to the extent permitted by applicable law, SportCoups will not be liable to you for any modification, suspension or discontinuance of any Sponsor Discount Coupons. Sponsor/Merchant redemption indemnification: SportCoups is herein indemnified and makes no claim to the Donor about use and redemption frequency of Sponsor Discount Coupons. SportCoups will endeavor to make Sponsor Discount Coupons available to Donors through the Mobile Services (as defined herein); however, SportCoups specifically disclaims liability for any error made during coupon posting or any disruption of service or disruption of Donor accessibility. General Practices Regarding Use and Storage: You acknowledge that SportCoups may establish general practices and limits concerning use of the Services including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on SportCoups’ servers on your behalf. You agree that SportCoups has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that SportCoups reserves the right to terminate accounts or Fundraisers that are inactive for an extended period of time; provided, SportCoups will use its commercially reasonable efforts to provide a Fundraiser Organizer with reasonable notice before terminating an inactive Fundraiser having a positive balance of Donations. You further acknowledge that SportCoups reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law. Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding SportCoups and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your SportCoups account information to ensure that your messages are not sent to the person that acquires your old number. Conditions of Use User Conduct: You are solely responsible for all Fundraiser descriptions, comments, images, information, data, text, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by SportCoups. This list is not exhaustive, however, and SportCoups reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to, collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in SportCoups ‘ sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any Fundraiser, freezing or placing a hold on donated funds when SportCoups reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
1.establish or contribute to any Fundraiser with the implicit or express purpose relating to any of the following:
a. any activity that violates any law or governmental regulation;
b. content or fundraisers that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising fundraiser (whether on the Platform or not);
c. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
d. knives, explosives, ammunition, firearms, or other weaponry or accessories;
e. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
f. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
g. the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
h. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
i. ransom, human trafficking or exploitation;
j. pornography or other sexual content;
k. offensive, graphic, perverse or sensitive content;
l. the defense or support of anyone alleged to be involved in criminal activity;
m. offering monetary rewards or favors;
n. transactions for the sale of items before the seller has control or possession of the item;
o. collection of payments on behalf of merchants by payment processors or otherwise; or
p. credit repair or debt settlement services.
2. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of SportCoups, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose SportCoups or its users to any harm or liability of any type; or
3. interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
Donations: In order to contribute to a Fundraiser, you agree that a certain minimum Donation amount may apply and that all Donation payments are final. All Donors are directed to a third-party payment processing portal. All Donations are processed by a third party payment processor. SportCoups has no access to any Donor or Fundraiser Organizer payment information at any time. Fees: There is a SportCoups Service Fee of $3.28, which is included in each donation amount. That means the donor pays a total of $23.28 to cover the service fee per donation. Covering the fee allows the Student Athlete to receive the entire $20 donation. This SportCoups Service Fee includes a credit card processing, ACH fee, platform fee, merchant and coupon fee, and SportCoups coverage for further research, development, and marketing. We reserve the right to change the SportCoups Service Fee pricing from time to time. If SportCoups does change its Fees, SportCoups will provide advance notice of the change on the Platform or an email to you, at SportCoups’ option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. All Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable. Refund Policy: All donations are final and non-refundable. Please make sure you know the Student Athlete you are donating to and confirm their identity before donating. We recommend that you do not donate to an athlete that you do not know. Account Holds: From time to time, SportCoups may place a hold on a Fundraiser account (a “Hold”), restricting collections (defined herein) by a Fundraiser Organizer. Some of the reasons that we may place a Hold on a Fundraiser Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Fundraiser Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Fundraiser Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Fundraiser Organizer), (iii) if we have reason to believe that a Fundraiser or Fundraiser Organizer has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please contact us at support@Sportcoups.com. Intellectual Property Rights Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SportCoups, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by SportCoups from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of SportCoups, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SportCoups. The SportCoups name and logos are trademarks and service marks of SportCoups (collectively the “SportCoups Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to SportCoups. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SportCoups Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of SportCoups Trademarks will inure to our exclusive benefit. Third-Party Material: Under no circumstances will SportCoups be liable in any way for any content or materials of any third parties (including users and Fundraiser Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SportCoups does not pre-screen content; provided, however, SportCoups and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, SportCoups and its designees will have the right to remove any content that violates these Terms of Service or is deemed by SportCoups, in its sole discretion, to be otherwise objectionable. User Content Transmitted Through the Services: With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title and interests in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content, you hereby grant and will grant SportCoups and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold SportCoups and its contractors and employees harmless from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of SportCoups in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or SportCoups ‘s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to SportCoups are non-confidential and SportCoups will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that SportCoups may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SportCoups, its users or the public. Copyright Complaints: SportCoups respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SportCoups of your infringement claim in accordance with the procedure set forth below. SportCoups will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SportCoups‘ Copyright Agent at support@Sportcoups.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: SportCoups Copyright Agent: SportCoups LLC Attn: Corporate Counsel, 260 Fordham Road, Wilmington, MA 01867 To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that User 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 the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed 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 a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, 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, SportCoups will 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 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, SportCoups has adopted a policy of terminating, in appropriate circumstances and at SportCoups ‘s sole discretion, users who are deemed to be repeat infringers. SportCoups may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Third Party Websites/Services The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. SportCoups has no control over such sites, services and resources and SportCoups is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that SportCoups will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party and you agree that SportCoups is not liable for any loss or claim that you may have against any such third party. Indemnity and Release You agree to release, indemnify on demand and hold SportCoups and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Disclaimer of Warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPORTCOUPS AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPORTCOUPS AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SPORTCOUPS NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF SPORTCOUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPORTCOUPS ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SPORTCOUPS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most user concerns can be resolved quickly and to the user’s satisfaction by emailing SportCoups support at support@Sportcoups.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if SportCoups has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $750 in damages, SportCoups will pay reasonable attorneys’ fees should you prevail. SportCoups will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $750 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below) or the rules of the local governing arbitration body in the case AAA Rules are not available. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Arbitration Agreement SportCoups and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Terms of Service.
References to “SportCoups “, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and SportCoups are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms of Service evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SportCoups should be sent to 260 Fordham Road, Wilmington, MA 01867 Attn: Corporate Counsel, with a copy by email to support@Sportcoups.com (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Sportcoups and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or SportCoups may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SportCoups or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SportCoups is entitled. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless SportCoups and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $750 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $750, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. SportCoups will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $750 in damages, the payment of these fees will be governed by the AAA rules. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SPORTCOUPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SportCoups agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if SportCoups makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead. Termination You agree that SportCoups, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if SportCoups believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice. You acknowledge and agree that SportCoups may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that SportCoups will not be liable to you or any third party for any termination of your access to the Services. User Disputes You agree that you are solely responsible for your interactions with any other user in connection with the Services and SportCoups will have no liability or responsibility with respect thereto. SportCoups reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services. General These Terms of Service constitute the entire agreement between you and SportCoups and govern your use of the Services, superseding any prior agreements between you and SportCoups with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SportCoups agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Middlesex County, Massachusetts, and you hereby authorize service of any order, process, notice of motion or other application to or by any such court or a judge thereof by registered mail or by personal service, provided a reasonable time for appearance is allowed (but not less than the time otherwise afforded by any law or rule), and waive any right to contest the appropriateness of any action brought in any such court based upon lack of personal jurisdiction, improper venue or forum non conveniens. YOU AND SPORTCOUPS EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT EITHER OF US MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THE SERVICES, THESE TERMS OF SERVICES OR OUR PRIVACY POLICY AND EACH OF US AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. The failure of SportCoups to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of SportCoups, but SportCoups may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

SportCoups complies with the Children’s Privacy Protection Act of 1998 (COPPA) as it pertains to minors using the SportCoups platform.

Student Athlete Warranty:
By registering as a Student Athlete, I pledge to use the donations made to me through the SportCoups platform for my sports-related financial needs.

I agree that if I am 13 or under, my parent or guardian has registered me as a Student Athlete on my behalf and has provided their bank account and routing number, so Donations made to me can go directly into their account on my behalf. I agree that I have been informed that SportCoups cannot deposit Donations directly into my personal bank account if I am under the age of 14.
I also agree that if I am between the ages of 14 to 17, I have my parent or guardian’s consent to use SportCoups and also have their consent to use their bank account and routing number for my Donations, unless I have my own personal bank account and routing number. I also agree I have also been informed if I am 18 years old or older and have my own bank account, I can simply register and use SportCoups without parent or guardian permission.