IMPORTANT: This End-User License Agreement and Terms of Service (“EULA” or “Agreement”) is a legal Agreement between you and Pickup Sports, LLC and any of its affiliates and/or subsidiaries (collectively, “Pickup Sports,” “we,” “us,” and “our”) with respect to the software provided by Pickup Sports, any associated media, printed materials, “online” documentation and electronic documentation (collectively referred to as “Licensed Application”) or other online or interactive services. By installing, copying, or otherwise using the Licensed Application, or using the Services or by uploading or posting any User Content (as defined below) in connection with the Services, you, your heirs, minor children under your guardianship that participate in Pickup Sports activities and assigns (collectively "you") are indicating that you have read, understand, and agree to be bound by this EULA and to comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations. “You” and “Your” may refer to a natural person or to a legal entity including, but not limited to, a corporation, partnership or a limited liability company. If you do not agree to the terms of this EULA, you are not authorized to install or use the Licensed Application.
- Ownership of Licensed Application.
Pickup Sports owns certain rights in the Licensed Application. THE SOFTWARE IS A PROPRIETARY PRODUCT OF PICKUP SPORTS OR THIRD PARTIES FROM WHOM PICKUP SPORTS HAS OBTAINED LICENSING RIGHTS. THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. TITLE TO THIS SOFTWARE, ANY COPY OF THIS SOFTWARE, AND ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE WILL AT ALL TIMES REMAIN WITH PICKUP SPORTS AND SUCH THIRD PARTIES. Your rights are defined by this Agreement which You agree creates a legally binding and valid contract. Pickup Sports retains the right to utilize its affiliated companies, authorized distributors, authorized resellers and other third parties in pursuing any of its rights and fulfilling any of its obligations under this Agreement.
- Eligibility and scope.
(a) Eligibility. To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you’re agreeing to these Terms on behalf of a minor child, you represent and warrant that you are authorized to agree to these Terms on that child’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 child). If Pickup Sports has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
(b) Pickup Sports grants to You a nonexclusive, nontransferable (except as may be required by applicable law) royalty-free license to allow You to use the Licensed Application, provided that you comply with all the terms and conditions of this EULA.
- Your Responsibilities and Prohibited Actions.
(a) Account Registration and Confidentiality. You will be required to create an account to use parts of the Services. During the registration process, you must select a username and password and provide us with additional information. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you.
(b) Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Pickup Sports will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and lawyers’ fees incurred by Pickup Sports or a third party due to someone else using your account.
(c) Transfer of Rights. You may not transfer or assign all or any portion of the Licensed Application, or any rights granted in this Agreement, to any other person.
(d) Reverse Engineering or Modifying the Licensed Application. You may not use the Service, or assist or encourage any other party, to engage in any of the following prohibited activities:
- Copying, framing, or mirroring any part of the Service;
- Accessing the Service for purposes of monitoring its availability, performance, or functionality;
- Permitting any third party to access the Service;
- Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Service or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Pickup Sports;
- Publishing, transmitting, distributing, or storing content, material, information, or data that (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with the Service or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”);
- Attempting to disrupt, degrade, impair, or violate the integrity or security of the Service or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Pickup Sports internet protocol space;
- Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Pickup Sports than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Collecting or harvesting any personally identifiable information, including account names, from the Service;
- Using the Service for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- Submitting to the Service or to Pickup Sports any personally identifiable information, except as necessary for the establishment of your account;
- Submitting to the Service or to Pickup Sports any information that may be protected under HIPPA (“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented) or any other information that may be protected from disclosure by applicable State law;
- Bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- Violating any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- Transmitting any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
- Removing any copyright, trademark, or other proprietary rights notices contained in or on the Service;
- Sublicensing selling, renting, leasing, transferring, assigning, or conveying any rights under this Agreement to any third party, except as expressly permitted herein or your Partner Agreement with Pickup Sports;
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
- Harvesting or collect information about any Service visitors or members without their express consent.
(e) Third Party Supplier. You agree that Pickup Sports’ third party suppliers may enforce this Agreement as it relates to their Licensed Application directly against You.
(f) Export. Pickup Sports shall not be required to undertake any action pursuant to this Agreement that is prevented by any impediments arising out of national or international foreign trade or customs requirements, including embargoes or any other sanctions. You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
- USER-GENERATED CONTRIBUTIONS.
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
Any ideas, requests, feedbacks, suggestions, recommendations, error and bug reports, comments, concepts, additional feature and other requests or suggestions relating to the Service (“Feedback”) that you may suggest, raise or transmit to Pickup Sports, and that do not contain your Proprietary Property or Personally Identifiable Information ("PII"), if implemented by Pickup Sports, will be owned by Pickup Sports (and its assignees), and your hereby irrevocably assigns and transfers any Intellectual Property Rights in such Contributions to Pickup Sports, free of charge, upon their transmission or conveyance to Pickup Sports.
Feedback will automatically become Pickup Sports’ property and that Pickup Sports shall be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license, and assign the rights to such materials without any obligation to make any royalty or other payment to you and without any obligation of credit or notice to you. You waive your right, to the extent and such right exists, to make any claim against Pickup Sports and its Affiliates relating to Contributions and unsolicited submissions of Feedback to Pickup Sports, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality
- Property Rights.
Pickup Sports owns all Intellectual Property rights in its Service. All improvements, modifications, and enhancements to the Service specifically, made by Pickup Sports, shall vest solely with Pickup Sports.
The Services are owned and operated by Pickup Sports and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Pickup Sports and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.
You agree to abide by all applicable copyright and other laws. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Pickup Sports and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Pickup Sports and such others.
You agree to protect the proprietary rights of Pickup Sports and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Pickup Sports or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Pickup Sports immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Pickup Sports, at all times be and remain the sole and exclusive property of Pickup Sports. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
- Contribution License.
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
- Term and Termination.
This Agreement is effective from the date on which you first access the Service or submit any Customer Content to Pickup Sports, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Pickup Sports may immediately terminate this Agreement, and/or your access to and use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Pickup Sports may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Service shall immediately cease. Upon termination or expiration of this Agreement for any reason, Sections 1, 3–17 shall survive.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Pickup Sports to maintain and support the Service, or any part or portion thereof, during the term of this Agreement.
- Disclaimer of Warranty.
PICKUP SPORTS MAKES NO WARRANTIES OF ANY KIND, AND NO WARRANTY IS GIVEN THAT THE LICENSE APPLICATION IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED OR THAT IT WILL WORK IN CONNECTION WITH ANY OTHER SOFTWARE. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR ANY WARRANTY AGAINST INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED, EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LICENSE AGREEMENT.
PICKUP SPORTS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND PICKUP SPORTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PICKUP SPORTS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- Exclusion of Incidental, Consequential and Certain Other Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICKUP SPORTS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PICKUP SPORTS OR ANY SUPPLIER, AND EVEN IF PICKUP SPORTS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability.
Pickup Sports’ entire liability for all claims or damages arising out of or related to this Agreement, regardless of the form of action, whether in contract, equity, negligence, intended conduct, tort or otherwise, will be limited to and will not exceed, in the aggregate for all claims, actions and causes of action of every kind and nature, the amount paid to Pickup Sports for the specific item or service that caused the damage or that is the subject matter of the cause of action or, if the claim does not relate to a product or service, $100. This section shall not be interpreted to exclude any liability that is prohibited from being excluded by applicable law. Except as otherwise provided by applicable law, no claim, regardless of form, arising out of or in connection with this Agreement may be brought by You unless such claim is brought either (i) within one year after the cause of action has accrued or (ii) within the shortest period of time after the cause of action has accrued that may be legally contracted for in the applicable jurisdiction if a two year limitation would be legally unenforceable.
- Acknowledgement Of Inherently Dangerous Activities And Assumption Of Risk
Knowing the dangers, hazards, and risks of such activities, and in consideration of being permitted to participate in sports and other Pickup Sports activities, on behalf of You, Your heirs, minor children under your guardianship that participate in Pickup Sports activities and personal representative(s), You, do hereby agree to assume all the risks and responsibilities surrounding participation in sports and other activities, the transportation, and in any independent Pickup Sports activities undertaken as an adjunct thereto, and in advance do hereby release and forever discharge, waive, and covenant Pickup Sports, the Releasee from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature whatsoever which You may have or which may hereafter accrue to You, arising out of or related to any loss, damage, or injury, including, but not limited to, suffering and death, that may be sustained by You or by any property belonging to You while in, on, upon, or in transit to or from the premises where the Pickup Sports or any adjunct to the Pickup Sports occurs or is being conducted.
- Licensed Application Support Services.
To the extent that Pickup Sports offers technical support services, such technical support shall be provided in Pickup Sports’ sole discretion without any guarantee or warranty of any kind. It is your responsibility to back up all your existing data, software and programs before receiving any technical support from Pickup Sports. Pickup Sports reserves the right to refuse, suspend or terminate any technical support, in its sole discretion.
- Third-party links and services
The Services may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Pickup Sports is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Pickup Sports shall 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 linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
14. Dispute Resolution
(a) Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to Pickup Sports’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules or applicable Georgia laws. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Pickup Sports will pay the additional cost. You and Pickup Sports hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Pickup Sports is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
(b) The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
(c) Exception—Litigation of Small-Claims-Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(d) Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Pickup Sports, LLC, 505 Rippling Water Lane, Johns Creek, GA 30097, United States. The notice must be sent within 30 days of registering to use the Service; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, Pickup Sports also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Pickup Sports may terminate your use of the Service.
(e) Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Pickup Sports and this Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- Choice of Law and Jurisdiction.
This Agreement will be governed by and construed in accordance with the substantive laws of the State Georgia in the United States, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. Any disputes arising under this Agreement shall be settled exclusively in the Fulton County, Georgia state courts or United States federal courts located in Fulton County, Georgia. The parties hereby submit to the personal jurisdiction of such courts for the purpose of resolving any dispute under this Agreement.
If any provision of this Agreement is found to be void or unenforceable, it will not affect the validity of any other provision of this Agreement and those provisions will remain valid and enforceable according to their terms. To the extent that an unenforceable provision may be reformed to be enforceable by a court of law, such provision will be deemed to be so reformed in this Agreement.
- Other Rights Reserved.
All rights not specifically granted in this Agreement are reserved by Pickup Sports.
- Entire Agreement.
You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.