1. Acceptance; Scope of Terms
b. SportsTek may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms.
c. The Site may contain links to third party websites not owned by SportsTek. SportsTek has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release SportsTek from any and all liability arising from your use of any third-party website.
2. SCOPE OF SPORTSTEK SERVICES
a. The Site is an online platform that allows third parties who offer facility rentals, programs, trainings, or other services (third parties that offer such services are “Providers” and the services they offer are “Provider Services”) to publish such Provider Services on the Site (each such publication, a “Listing”) and to communicate and transact directly with registered users (“Users”) that are seeking to book such Provider Services. Provider Services may include the offering of facility rentals (including basketball courts, turf fields, batting cages, and tee times) or camps, trainings, classes, clinics, leagues, and events.
b. SportsTek does not own, create, sell, provide, control, manage, offer, or supply any Provider Services. Providers alone are responsible for their Provider Services. When a booking for Provider Services is confirmed, the User is entering into a contract directly with the Provider providing such Provider Services. SportsTek is not and does not become a party to or other participant in any contractual relationship between Users and Providers.
c. SportsTek has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Provider Services, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other Content (as defined in Section 6) added to the Site by Providers or Users, or (iii) the performance or conduct of any Provider or User.
3. LIMITED LICENSE ; RESTRICTIONS
SportsTek grants you a limited, non-exclusive, non-transferable, revocable license to access and use SportsTek’s services made available through the Site (collectively, the “Services”), as well as the Content contained in or obtained on the Site, subject to these Terms. This license is personal to you and may not be assigned or sublicensed to anyone else. All rights not expressly granted by SportsTek herein are reserved. You agree that you will not reproduce, distribute, publish, transfer, sell, create derivative works from, decompile, reverse engineer, alter, adapt, or disassemble the Services, the Content, any portion of the Site or any source code therein. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site.
4. PAYMENT; SERVICE FEES.
a. Users are responsible for paying all applicable fees for booking a Listing, including the Listing Fee (as defined in Section 9), the Processing Fee (as defined below), the Service Fee (as defined below), and any applicable taxes (collectively, “Total Fees”).
b. “SportsTek may charge fees to Users (“Service Fees”) in consideration for use of the Site and the Services, and Users are responsible for paying any Service Fees that are owed to SportsTek. Any applicable Service Fees are included in the Total Fees, unless otherwise displayed during the process of booking a Listing. SportsTek reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change.”
c. Payment of the Total Fees will be processed by Stripe or another third-party provider, which may collect from Users a processing fee (“Processing Fee”) for each transaction made through the Site. The Service Fees shall be remitted to SportsTek, and the Listing Fees shall be remitted to the relevant Provider.
To access a more comprehensive version of the Site, including additional Services and Content, you will have to create an account with us by providing your name, username, password, email address, phone number and location. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify SportsTek immediately and change your password.
6. CONTENT TERMS AND RESTRICTIONS.
As used throughout these Terms, “Content” includes photos, graphics, images, audio, videos, text and other materials of any and every type in all forms and mediums.
a. SportsTek Content. SportsTek, and our licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by SportsTek and appearing within the Site (“SportsTek Content”). You may access the SportsTek Content for your information and personal use solely as intended and permitted under these Terms. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any SportsTek Content for any other purposes without the prior written consent of SportsTek. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the SportsTek Content.
b. Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the Site, you grant SportsTek and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and our business, including by way of example, for promoting the Site. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms.
c. Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (i) you have the right to submit to or otherwise post the Content on the Site; (ii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (iii) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (iv) the Content complies with these Terms and all applicable laws.
d. Acknowledgements. You acknowledge and agree as follows:
i. SportsTek does not permit copyright infringement or other violations of intellectual property rights on the Site, and we reserve the right to remove Content if properly notified that such Content infringes on another's intellectual property rights;
ii. SportsTek is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any Content within the Site;
iii. We do not endorse any Content, recommendation, view or opinion submitted to the Site by any user;
iv. You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
v. SportsTek is not be liable for any Content or for the defamatory, offensive, or illegal conduct of any third party, and the risk of harm or damage from the foregoing rests entirely with you.
vi. We do not guarantee the confidentiality of any Content you submit, and you are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site.
7. CODE OF CONDUCT
a. In accessing or using the Site, you agree that you will not:
i. defame, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' moral, privacy or publicity rights;
ii. impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
iii. violate any applicable laws or regulations;
iv. submit, upload, or display on the Site Content that: (A) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (B) contains sexually explicit Content, pornography, or nudity; (C) contains hateful, malicious, or discriminatory Content, incites hatred towards any individual or group, or incites or advocates terrorism or violence; (D) infringes our or any third party's intellectual property or other rights; (E) contains any confidential, proprietary or trade secret information of any third party; or (F) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;
v. spam, hack into or deface the Site, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
vi. circumvent, disable or otherwise interfere with security features of the Site;
vii. harm or exploit minors; or
viii. use the Site for any commercial, advertising or solicitation uses or collect any personally identifiable information about others.
b. SportsTek has the right, but not the obligation, to monitor all conduct on and Content submitted to the Site. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, SportsTek may immediately terminate your access to and use of the Site or remove any Content that you submit, upload or display.
8. TERMINATION; ACCOUNT DELETION.
a. Termination for Cause. SportsTek may terminate, suspend or disable your access and use of the Site (or any part thereof), delete your account, or block or remove any Content you submit if SportsTek determines, in our sole discretion, that you have violated any provision of this Agreement. SportsTek reserves the right to determine whether Content violates these Terms. If SportsTek deletes your account for any of the reasons set forth herein, you may not re-register for the Site. SportsTek may block your email address and Internet protocol address to prevent further registration.
b. Effect of Termination. Upon termination, all licenses granted by SportsTek will terminate automatically. Sections 6 and 12 through 15 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. SportsTek shall not be responsible for the loss of such Content.
9. TERMS SPECIFIC TO PROVIDERS.
a. When creating a Listing through the Site, you must (i) provide complete and accurate information about your Provider Services (such as listing description, location, and calendar availability), (ii) disclose any restrictions or requirements that apply, and (iii) provide any other pertinent information as requested by SportsTek. Pictures, videos, or other Content included in your Listings must accurately reflect the quality and condition of your Provider Services. You are responsible for keeping your Listings (including calendar availability) updated at all times. Any terms and conditions included in your Listing, including in relation to cancellations, must not conflict with these Terms.
b. You are solely responsible for setting a price (including any taxes, if applicable) for your Listing (“Listing Fee”). You agree to pay any applicable taxes, and you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable taxes.
c. Once a User requests a booking of your Listing, you will have thirty-six (36) hours to accept or decline such booking request. The Listing Fees will not be remitted unless and until you accept a booking request for such Listing.
d. When you accept a booking request by a User, you are entered into a legally binding agreement with the User and are required to provide your Provider Services to the User as described in the relevant Listing.
e. You represent and warrant that any Listing you post, and any booking of Provider Services, will (i) not breach any agreements that you have entered into with any third parties, and (ii) comply with all applicable laws, tax requirements, and other rules and regulations (including having all permits, licenses, and registrations). As a Provider, you are responsible for your own acts and omissions, including acts and omissions pertaining to the Provider Services.
10. TERMS SPECIFIC TO USERS.
a. You may book a Listing available on the Site by following the respective booking processes, and you agree to pay the Total Fees for such booking. The Total Fees will be presented to you prior to booking a Listing and will be collected at the time of the booking.
b. Once you request to book a Listing, the Provider will have thirty-six (36) hours to accept or decline such booking request. If your booking request is declined, then the Listing Fee and Service Fee will be refunded to you.
c. Upon receipt of a booking confirmation, a legally binding agreement is formed between you and the Provider, subject to any additional terms and conditions of the Provider that apply, including any rules and restrictions specified in the Listing. You acknowledge and agree that SportsTek is not liable for any issues with the Provider Services, including any issues pertaining to calendar availability.
11. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS
After a booking is confirmed, any modifications to or cancellations of such booking must be handled directly between the User and Provider, and SportsTek shall not be responsible for any such modifications or cancellations. After a booking is confirmed, SportsTek will not be responsible for any refunds to Users.
a. You use the Site voluntarily and at your own risk. The Site and all Content is provided “AS IS” and on an “as available” basis. Without limiting the foregoing, SportsTek makes no representations or warranties: (i) concerning the accuracy or completeness of the Site or any SportsTek Content; (ii) concerning any Provider Services; (iii) concerning any Content submitted by any User or Provider; (iv) that any Content you submit will be made available on the Site or will be stored by SportsTek; or (v) that SportsTek will continue to support any particular feature of the Site. SportsTek reserves the right to modify the Site.
b. You agree that some Provider Services may carry inherent risk, and by participating in or booking such Provider Services, you choose to assume those risks voluntarily. For example, some Provider Services may carry risk of bodily injury, disability, illness, or death and you freely and willfully assume those risks by choosing to participate in those Provider Services. You assume full responsibility for the choices you make before, during and after your participation in any Provider Services. The foregoing disclaimers apply to the maximum extent permitted by law.
c. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSTEK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
d. Without limiting the foregoing, SportsTek expressly disclaims, and assumes no liability or responsibility for, any: (i) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site or the Provider Services; (ii) errors, omissions, or inaccuracies of Content; (iii) unauthorized access to or use of the Site and/or any Content; (iv) interruption or cessation of transmission to or from the Site; (v) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (vi) Content submitted by any User or Provider; (vii) defamatory or offensive conduct of any third party, including other users; or (viii) loss or damage of any kind incurred as a result of the use of the Site or any Content posted, transmitted, or otherwise made available through the Site, including any loss of your Content.
e. SportsTek does not endorse, guarantee or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the Site, and SportsTek will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.
13. LIMITATIONS OF LIABILITY
a. You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising out of your access to and use of the Site, your publishing or booking of any Listing via the Site, your use of any Provider Service, or any other interaction you have with other Users or Providers whether in person or online remains with you.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSTEK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CLAIM OR CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM (A) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (B) TANGIBLE OR INTANGIBLE PROPERTY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON SUCH SERVERS, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (F) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO, BY OR THROUGH THE SITE, (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, (H) YOUR PUBLISHING OR BOOKING OF A LISTING, AND/OR (I) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY PROVIDER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. Without limiting the foregoing, SportsTek’s total liability to you shall not exceed the amounts paid by you to SportsTek over the twelve (12) months preceding your claim. Remedies under these Terms are exclusive and you are limited to those remedies expressly provided for in these Terms.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SportsTek and its respective affiliates, directors, officers, managers, members, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees arising from or relating to: (a) your access to or use of the Site; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; (d) your interaction with any Provider and/or User, participation in or use of a Provider Service, including any injuries, losses, or damages of any kind arising in connection with or as a result of such interaction, participation, or use; or (e) any claim that your Content or Provider Services caused damage, harm or loss to a third party.
a. Governing Law; Venue. These Terms are made under and shall be governed by the laws of the State of New Hampshire, without regard to principles of conflicts of law. Any action arising out of or relating to these Terms or your use of the Site must be commenced in the state or federal courts located in New Hampshire, United States of America, and you consent to the jurisdiction of such courts.
c. Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.
d. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without SportsTek’s prior written consent. SportsTek may assign these Terms without restriction.
e. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
f. No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.