Company’s website located at www.korrio.com (the “Site”) is a copyrighted work belonging to Korrio, Inc. (“We”, “Us”, or “Company”). Company provides services to athletic clubs, leagues, and organizations (“Clubs” and “Club Services”, respectively) and to coaches, team managers, child participants, parents, spouses of parents, guardians, nannies, and fans (“Individuals” and “Individual Services”, respectively) to facilitate and coordinate Club related activities (collectively, with all other services provided through the Site, the “Services”). The term “you” means (a) you (if you are an individual), or (b) the Club you represent (if you are using the Site or Service on behalf of a Club).
1.1 Account Creation. Certain features of the Site (e.g., the Services) are only available to users with an account with the Company (“Account”). If you are a Club, coach, or manager and you register yourself on the Site, you will be provided a Club, coach, or manager Account, respectively. If you are a parent and you register your child on the Site, you will be provided a player Account for the child and a parent Account for yourself. In addition, if you provide contact information for a spouse, ex-spouse, guardian, and/or nanny, during the child registration process, that Individual will be provided a parent Account, which will become activated once that Individual logs on to his/her Account for the first time. If you provide contact information for a fan during the child registration process or later invite a fan through the Service, that Individual will be provided a fan Account, which will become activated once that Individual logs on to his/her Account for the first time. Each type of Account will have different features. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 11.
2. Payment Terms
2.1 Club Services. The current pricing for, subscription term for, and description of, available Club Services are set forth on the Club Service price list provided by Korrio to the Club upon the Club’s request (“Club Service Pricelist”). If you are a Club, you may order Club Services by following the directions on the Site. Once you order a Club Service, your subscription to the Club Services will automatically renew monthly or yearly (as described in the Club Service Pricelist) until you cancel the Club Service by following the directions on the Club Service Pricelist. If you order any Club Services, you agree to pay the applicable then-current fee listed on the Club Service Pricelist for the ordered Club Services. Unless Company has agreed to invoice you, Company will automatically bill your credit card or charge card submitted in ordering the Club Services on the date the Club Services are activated and each month or year thereafter (as applicable) until you cancel the ordered Club Services. You hereby authorize Company (through our third party payment processing service provider) to bill your credit card or charge card as described above. If Company has agreed to invoice you, all payments are due ten (10) days after the invoice date. Company may change the pricing for the Club Services (from time to time in its sole discretion) by providing you notice of the updated Club Service Pricelist, provided that any changes will not take effect until your subscription renews.
2.2 Club Items.
(a) The Service allows certain Clubs (“Sellers”) to post certain products or services they desire to sell on the Site (“Club Items”) and assists Sellers with receiving orders and payments for Club Items. The Service assists Individuals (“Buyers”) with making orders and payments for Club Items. The Seller, not Company, is solely responsible for providing the ordered Club Items to the Buyer. The terms and conditions for the sale of the Club Items are solely determined by, and are solely between, the Seller and the Buyer, and are not governed by this Agreement (except for the payment terms below). Seller sells and Buyer purchases all Club Items at their own risk. Sellers and Buyers should make whatever investigation they feel necessary or appropriate before purchasing or selling (as applicable) any Club Items. Each Seller is solely responsible for any and all Club Items it posts on the Site. Because we do not control Club Items, you acknowledge and agree that we are not responsible for any Club Items and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Club Items, and we assume no responsibility for any Club Items. Interactions between a Seller and Buyer are solely between the Seller and Buyer. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between any Seller and Buyer, we are under no obligation to become involved.
(b) If you are a Buyer, you agree to pay for the full cost of any Club Items that you order through your Account, as set forth during your order process. The applicable Seller will automatically bill your credit card or charge card submitted in ordering the Club Item on or around the date of the order. You hereby authorize the applicable Seller (through our third party payment processing service provider) to bill your credit card or charge card as described above.
(c) The current Club Item service fees are set forth on the Club Service Pricelist. If you are a Seller, you agree to pay for the then-current Club Item service fee for each Club Item that you sell through the Site. Unless Company has agreed to invoice you, Company will automatically bill your credit card or charge card associated with your Account for the Club Item service fees incurred each month, on or around the tenth (10) day of the following month. You hereby authorize Company (through our third party payment processing service provider) to bill your credit card or charge card as described above. If Company has agreed to invoice you, all payments are due ten (10) days after the invoice date. Company may change the Club Item service fee (from time to time in its sole discretion) by providing you notice of the updated Club Service Pricelist, provided that any changes will not take effect until 30 days thereafter.
2.3 General Payment Terms. All payments are non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may terminate the applicable Service.
3.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to reproduce and display the Site content and use the Site and Services for your personal, noncommercial use (if you are an individual) or for your Club’s internal use (if you are a Club).
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.
3.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and Services (excluding any User Content) are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.3 Feedback. If you provide Company any feedback or suggestions regarding the use, operation, functionality, or characteristic of the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate.
5. Acceptable Use Policy. The following sets forth Company’s “Acceptable Use Policy”:
5.1 You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), (c) that is harmful to minors in any way; or (d) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.2 You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site or Services.
5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your Account username and password, IP address and traffic information, usage history, and your User Content.
7. Indemnity. You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content, or (iii) your violation of this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Third Party Sites; Other Users
8.1 Third Party Sites. The Site might contain links to third party websites (“Third Party Sites”). Such Third Party Sites are not under the control of Company and Company is not responsible for any Third Party Sites. Company provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
8.2 Other Users. Each Site user (including each Club and each Individual) is solely responsible for any and all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
8.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users (including Clubs and Individuals), any Club Items, or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY REGARDING, DO NOT CHECK THE BACKGROUND OF, AND ARE NOT RESPONSIBLE FOR, ANY OF THE USERS ON OUR SITE OR SERVICES, INCLUDING INDIVIDUALS AND CLUBS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. Account Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may suspend or terminate your Account at any time for any reason in our sole discretion, including for any use of the Site or Services in violation of this Agreement. If we suspend or terminate your Account without cause, then we will refund you a pro-rata portion of your paid Service fee (if any). Upon termination of your Account, your right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of your Account or deletion of your User Content.
12. Copyright Policy. Company respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is:
1941 1st Avenue South, 3C
Seattle, WA 98134
13.2 Governing Law. This Agreement shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
13.4 Copyright/Trademark Information. Copyright © 2010, Korrio, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
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