Terms & Conditions
PickleBuddy Terms and Conditions
Last updated: December 3, 2024
Please read these Terms and Conditions carefully before using Our Service.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the mobile application software program provided by the Company downloaded by You on any electronic device, named PickleBuddy.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple Application Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access Our Service or parts of Our Service.
Country refers to: North Carolina, United States
Company (referred to as either "the Company", “PickleBuddy”, "We", "Us" or "Our" in this Agreement) refers to PickleBuddy Technologies, LLC, 4030 Wake Forest Rd., Ste. 349, Raleigh - 27609.
Content refers to content such as text, images, or other information that can be displayed, published, posted, uploaded, linked to or otherwise made available by You, or by the Company regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to discounts, contests, sweepstakes or other promotions offered through the Service.
Service refers to the Company content, Services and products available through the Website and the Application.
Subscriptions refer to the Services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms" or “Agreement”) mean these Terms and Conditions that form the entire legally binding agreement between You and the Company regarding the use of the Service and Our Application
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to PickleBuddy, accessible from https://mypicklebuddy.com/
You (referred to as either "You" or “Your" in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and serves as the legally binding agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service https://mypicklebuddy.com/privacy-policy
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your physical address, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
· Goods availability
· Errors in the description or prices for Goods
· Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods You purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read Our Returns Policy to learn more about Your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will endeavor to reimburse You no later than 14 days from the day on which We receive the returned Goods, however, We will not be held liable for delays caused by Our refund process or conditions beyond Our control. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
· The supply of Goods made to Your specifications or clearly personalized.
· The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry has passed.
· The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
· The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
· The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We have made every effort to display as accurately as possible the size, colors, composition and images of Our products, however We cannot guarantee that Your computer monitor's display will accurately represent the true colors or dimensions of Our products. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
All prices displayed in Our Services are in U.S. dollars unless otherwise indicated. All applicable taxes and other charges are additional and Your responsibility. The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. The Company uses a secure third party payment processing gateways to collect, store and process payment information. That information is provided directly to Our third party payment processors whose use of Your personal information is governed by their Privacy Policy. The payment processors use industry accepted encryption and security measures when transferring Your payment information. Company does not store this information on Our Website or servers. Any issues regarding Your payment processing should be directed to the third party payment processor. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
You expressly authorize Company, and its secure third party payment processor to charge the amounts indicated on Your purchase order. The terms of Your payment method may be determined by agreements between You and the financial institution You have chosen to make payment.
You agree that We may charge You, and You will pay to Company, any fee or penalty that is assessed or charged to Us for a "Chargeback" resulting from a failure or refusal of Your selected method of payment to make a required payment. This payment shall be refunded to You in the event that Your selected method of payment resolves this dispute in Your favor.
Subscriptions
The Company offers the following Subscriptions for Our Service:
a. Freemium Tier- Users have basic access, including player connections, community features, and maybe a limited number of tournament or game listings.
b. Premium Tier - Exclusive access to high-value tools like advanced analytics, Connor Garnett’s video tutorials, priority tournament listing. Monthly or annual payment options (with a discount for annual subscribers).
c. Pro Tier - Extra tools for teams and clubs, like a scheduling assistant, player performance tracking, or exclusive event access. It may also include branded support for clubs to manage their members. Higher-tiered for clubs or teams rather than individual users.
Subscription period
Some Services are available only with a paid Subscription. By completing Your registration for a Subscription, You authorize Company or its secure third party payment processor to charge Your payment method on a recurring basis for: (i) the applicable Subscription charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with Your use of the Company Services. The authorization continues through the Subscription term, and any renewal term, until You cancel the Subscription.
By purchasing a Subscription, You expressly acknowledge and agree that (i) Your subscription has an initial and recurring payment feature, and Company (or Our secure third party payment processor) is authorized to automatically charge Your payment method at the then-current Subscription rate for Your subscription period as long as Your subscription continues, and (ii) Your Subscription Plan is continuous and will be automatically extended until You cancel it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company at support@mypicklebuddy.com. You will not receive a refund for the fees You have already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
In the event You cancel Your Subscription, please note that We may still send You promotional communications about Company, unless You opt out of receiving those communications by following the unsubscribe instructions provided therein.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Paid Subscription fees are non-refundable. If You cancel your Subscription, You will not be entitled to a refund for Your last payment but You may continue to use Your Subscription until the end of Your then-current paid-up subscription term.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
Free Trial
The Company may, at its sole discretion, offer a paid Subscription with a Free Trial for a limited period of time. Please check the Website or Contact Us for the terms of the current Free Trial.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Your License, Access and Use of Our Services
a. Subject to Your continued compliance with this Agreement, Company grants You, a limited, non-exclusive, revocable, non-sub-licensable, worldwide, license to access and use the Company Website, Application and Services solely for Your personal, non commercial use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
b. Your right to access and use Our Services is personal to You and is not transferable by You to any other person or entity. Access to Our Services may not be available in all locations. You are only entitled to access and use Our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and Our Privacy Policy. Any action by You that, in Our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of Our Services; or (iii) through the use of Our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in Your loss of the right to access and use Our Services.
c. The rights granted to You in these Terms are subject to the following restrictions: (i) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) You shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
d. Furthermore, You agree that You will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Our Services or any portion of Our Services or for any other purpose, without Our prior written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in Our sole discretion an unreasonable or disproportionately large load on Our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your personal information) from Our Services without Our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Our Services or any activities conducted on Our Services; (iv) bypass any robot exclusion headers or other measures We may use to prevent or restrict access to Our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
e. Except as expressly permitted in this Agreement, You shall not collect or harvest any personally identifiable information, including account names, from Our Services.
f. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post their own User Content that will be accessible by the public or the user population generally. As a user of the Services, You acknowledge and affirmatively agree that in the course of using the Services You may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Company shall not, under any circumstances, be liable in any way for any User Content.
g. You shall not use any communication systems provided on Our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of Our Services without Our prior written permission.
h. You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your purchases or use of the Services.
PickleBuddy Mobile Application Software End User License Agreement (EULA)
THE PICKLEBUDDY TERMS AND CONDITIONS AND PRIVACY POLICY TERMS, TO THE EXTENT NOT STATED HEREIN, ARE HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE AS IF SET FORTH IN FULL.
THIS END USER LICENSE AGREEMENT (EULA), TOGETHER WITH THE PICKLEBUDDY TERMS AND CONDITIONS AND PRIVACY POLICY, ARE THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND PICKLEBUDDY WITH RESPECT TO THE USE OF THE APPLICATION SOFTWARE AND OUR SERVICE.
BY INSTALLING THE APPLICATION OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS EULA, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY, RELEASE, LIMITATION OF LIABILITY PROVISIONS AND OTHER TERMS CONTAINED IN THE PICKLEBUDDY TERMS AND CONDITIONS AND PRIVACY POLICY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE APPLICATION OR OUR SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT INSTALL THE APPLICATION OR OTHERWISE ACCESS OR USE OUR WEBSITE OR SERVICE.
We make software available to users in order to access the PickleBuddy mobile Application via a mobile device (“Mobile Software”). To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. PickleBuddy does not warrant that the Mobile Software will be compatible with Your mobile device.
PickleBuddy hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one PickleBuddy account on a mobile device owned or leased solely by You, for Your personal use.
You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright, trademark and other proprietary rights notices on the Mobile Software.
You agree that PickleBuddy may collect and use data, including but not limited to technical information about Your mobile device, computer and physical location to facilitate the provision of user support, technical support, product improvement and software updates.
You acknowledge that PickleBuddy may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and PickleBuddy or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. PickleBuddy reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in the United States, and is subject to United States export laws and regulations. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, You represent and warrant that (i) You are not located in any a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological Weapons.
The Software and Documentation are provided with United States government Restricted Rights. Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (b) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
Suspension and Termination of Services
The Company may limit, suspend or terminate the Services to You if You fail to comply with these Terms, the Privacy Policy, the EULA for the Application software or if You use the Services in a way that causes legal liability to us or disrupts use of the Service by other users. Company may also suspend the Services to You if We are investigating suspected misconduct by You. Company will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action
Mobile Application from a Third Party Application Store
The following applies to any Application sourced through, or downloaded from, a Third Party Application Store:
a. You acknowledge and agree that (i) the Terms are concluded between You and Company only, and not the Third Party Application Store, and (ii) the Company, not the Third Party Application Store, is solely responsible for the Application Store sourced Application and content thereof. Your use of the Application Store sourced Application must comply with the Third Party Application Store Terms and Conditions.
b. You acknowledge that the Third Party Application Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application Store sourced Application.
c. In the event of any failure of the Application Store sourced Application to conform to any applicable warranty, You may notify the Third Party Application Store, and the Third Party Application Store will refund the purchase price for the Application Store sourced Application to You, and to the maximum extent permitted by applicable law, the Third Party Application Store will have no other warranty obligation whatsoever with respect to the Application Store sourced Application. As between Company and the Third Party Application Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
d. You and Company acknowledge that, as between Company and the Third Party Application Store, the Third Party Application Store is not responsible for addressing any claims You have or any claims of any third party relating to the Application Store sourced Application or Your possession and use of the Application Store sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application Store sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Company acknowledge that, in the event of any third-party claim that the Application Store sourced Application or Your possession and use of that Application Store sourced Application infringes that third party’s intellectual property rights, as between Company and the Third Party Application Store, Company, not the Third Party Application Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
f. You and Company acknowledge and agree that the Third Party Application Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to Your license of the Application Store sourced Application, and that, upon Your acceptance of the terms and conditions of the Terms, the Third Party Application Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to Your license of the Application Store sourced Application against You as a third-party beneficiary thereof.
g. Without limiting Our Terms and Conditions, You must comply with all applicable third-party terms of agreement when using the Third Party Application Store sourced Application.
In-app Purchases
The Application may include In-app Purchases that allow You to buy products, services or Subscriptions.
More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store's own terms and conditions or in Your Device's Help settings.
In-app Purchases can only be initiated within the Application. If You make a In-app Purchase, that In-app Purchase cannot be cancelled after You have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, We will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where You downloaded the Application and are governed by that Application Store's own terms and conditions.
If You have any payment related issues with In-app Purchases, then You need to contact the Application Store directly.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an Account with Us, You will be required to provide Us with some information about yourself including, but not limited to, Your name, date of birth, e-mail address, and physical address. Some of this information may be of a confidential nature and may include personal identifying information (all "Personal Information" or "Your Information"). You agree that Company may use Your Personal Information to provide the Services for which You have expressed interest.
If You provide Your Information to Us then You agree to provide true, current, complete and accurate information, and not to misrepresent Your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. If You provide any information that is inaccurate or not current, or Company has reasonable grounds to suspect that such information is inaccurate or not current, Company has the right to suspend or terminate Your Account.
If You have been issued an Account by Company in connection with Your use of the Services, You are responsible for safeguarding Your password and any other credentials used to access that Account, even if You authorize other parties to access Your Account. You, and not Company, are responsible for any activity occurring in Your Account, whether or not You authorized that activity. We endeavor to use reasonable security measures to protect against unauthorized access to Your Account. We cannot, however, guarantee absolute security of Your Account or the personal information You provide, and We cannot promise that Our security measures will prevent third-parties from illegally accessing the Website or Application, or its contents. If You become aware of any unauthorized access to Your Account, You should notify Company immediately.
As a function of providing Our Services Company may send text messages to Your mobile phone or notices to the email address registered with Your Account. You must keep Your email address, mobile phone number and, where applicable, Your contact details associated with Your Account current and accurate. Text message costs may apply and are the user’s responsibility, not that of Company.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Company Content
Use of Company Content
We grant You a limited, revocable, non-sub licensable, non-exclusive, license to access, print, download or otherwise make personal use of Company Content for Your noncommercial personal use provided, however, that You shall not delete any proprietary notices or materials with regard to the foregoing.
You may not modify Company Content or utilize it for any commercial purpose or any other public display, performance, sale, or rental, You may not decompile, reverse engineer, or disassemble Company Content or transfer Our Content to another person or entity.
User Content
User Content Rights and Related Responsibilities; Your License to Company
i. "User Content" means, without limitation, any images, photos, artwork, text, messages, documents, digital files, hyperlinks, music, audio, video, comments, reviews, feedback, suggestions, or any other content You upload, transmit or otherwise make available to Company, and/or its users, via the Services. You represent and warrant that You own or otherwise control the rights to Your User Content and that each and every part thereof, is an original work by You, or You have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Company and its affiliates for all claims arising from or in connection with any claims to any rights in Your User Content, or any damages arising from Our use of Your User Content.
j. By submitting User Content on or through the Service, You grant to Company, and to each of the Company users with whom You share Your User Content, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, broadcast, stream, download, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, edit, alter, modify, adapt, translate, create derivative works based upon, and to publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, You or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised. You retain all rights in Your Content, subject to the rights You granted to Us, and to Our users, in these Terms.
k. In order for Us to provide the Service to You, We require that You grant Us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives Us the permission to do so and grants Us any such rights necessary to provide the Service to You.
l. You agree that any User Content You submit to Our Service in a public area of Our Services may be viewed or heard by other users, any person visiting or participating in the Service, and by the public in general.
m. You are solely responsible for Your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Company resulting there from.
n. Company may block, remove or return any User Content at any time in Our sole discretion for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
o. User Content is not considered to be confidential. You agree not to submit User Content to a public area of Our Services in which You have any expectation of privacy or confidentiality.
p. You may submit comments or ideas about the Services (“Ideas”). By submitting any Ideas, You agree that Your disclosure is gratuitous, unsolicited, and without restriction, and that the Company is free to use, and disclose, the Idea on a non-confidential basis or otherwise to anyone without paying any compensation to You.
User Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
· Unlawful or promoting unlawful activity.
· Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
· Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
· Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
· Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
· Impersonating any person or entity including the Company and its employees or representatives.
· Violating the privacy of any third person.
· False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
User Content; PickleBuddy Control
You agree that PickleBuddy and its administrators have full control over all User Content without restriction. This control includes, without limitation the authority to delete any User Content for any reason or no reason, and to block users in its sole and independent discretion.
User Content Backups
Although regular backups of User Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, User Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of User Content. But You acknowledge that the Company has no liability related to the integrity of User Content or the failure to successfully restore User Content to a usable state.
You agree to maintain a complete and accurate copy of any User Content in a location independent of the Service.
Code of Conduct
The Company is committed to providing a safe and friendly platform for Our users. To ensure the best possible experience for all users of Our Services, We have established some basic guidelines and rules for participation. By using Our Services, You agree that You have read and will follow the rules and guidelines set forth below.
Please take a moment to acquaint yourself with these important rules and guidelines. In order to preserve a climate that encourages productive, civil and meaningful interaction, Company reserves the right to suspend or terminate a user’s account for a violation of these rules.
You agree not to use Our Service including, without limitation any chat and messaging communication system We provide to transmit, distribute or post any User Content as defined in Our Terms and Conditions, that, without limitation, is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, illegal material or promotes illegal activity.
If You violate these guidelines, We may remove the offending content, suspend or terminate Your account, and notify law enforcement. Please respect and honor these guidelines and report any violations to support@mypicklebuddy.com to help us create a better community.
We have no obligation to delete content that You find personally objectionable or offensive.
We reserve the right to modify these rules with or without notice at any time.
Third Party Social Networking
The Company Services may now, or in the future, support sign-on from third-party social networking sites to make it easier for You to sign in or create an account with Company. If You elect to sign-on through a third-party social networking site, You may use those credentials, which will automatically be linked to Your account. Use of third-party Platforms to create and access Your account is subject to the terms and conditions and privacy policies of such third parties. If You access Our Services through a third party social networking site or application including, but not limited to, Facebook, Instagram, LinkedIn or X (formerly Twitter), You agree that You have read the third party social networking site Terms of Service and Privacy Policy, authorize Company to access and store certain information about You that is made available through that third party social networking site, and further authorize Us to collect, store, retain and use, Your information in accordance with Our Privacy Policy.
Security
Violating the security of Our Services is prohibited and may result in criminal and civil liability. Company may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
Interruption of Service
Your access and use of Our Services may be interrupted from time to time for any of several reasons, including, without limitation, inability to access a network to connect to the internet from Your location, the malfunction of Your or our equipment, periodic updating, maintenance or repair of Our Services or other actions that We, in our sole discretion, may elect to take. You agree that We will not be liable to You or to any third party for any interruption of the Services or any part thereof.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at support@mypicklebuddy.com and include in Your notice a detailed description of the alleged infringement.
You may be held Accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
· A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
· Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
· 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 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 owner or authorized to act on the copyright owner's behalf.
You can contact Our copyright agent via email at support@mypicklebuddy.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Our Intellectual Property Rights
a. Our names, graphics, avatars, videos, logos, page headers, button icons, scripts, and service names are Our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Company or licensed to Us. You may not use the Proprietary Marks without Our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on Our Services including, without limitation, those owned by any participating merchants accessible via Our Website. Any third-party names, copyrights, trademarks and service marks are property of their respective owners and users may not use them without independently obtaining a right to do so from the owner.
c. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from Our Services, collectively Company Content, including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons and renditions, are copyrighted by Company, or otherwise licensed to Us by Company Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Company Content (the "Collective Work").
e. All software used on, or within Our Website, Application or Services is Our property, or the property of Our software vendors, and is protected by United States and international copyright laws. Viewing, reading, printing, listening to, downloading or otherwise using Company Content and/or the Collective Work does not entitle You to any ownership or intellectual property rights to Company Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from Your infringement of Our, or any third-parties, intellectual property rights regarding the Trademarks, Company Content, the Collective Work, the Software and/or any other harm incurred by Us or Our affiliates as a, direct or indirect, result of Your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Third Party Links and Affiliates; Products, Services and Content
Our Service may contain features, services and functionalities linking You to, or providing You with, access to third party products, merchandise, services, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, and the Internet as a whole. In certain instances, We may have an Affiliate relationship with these third parties and receive compensation from the operator of the third party Website by virtue of You clicking to, or making a purchase on, that site.
Because We have no control over such sites and resources, We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any products, merchandise, services, content, advertising or other materials on, or available from, such websites or resources. When You visit or use a third party’s website You are thereafter subject to, agree to read and consent to the third party’s terms of service and privacy policy and You release the Company from any liability.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Disclaimers; No Warranties
a. ALL SERVICES AND PRODUCTS AVAILABLE FROM COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS, INCLUDING THE SERVICES OF COMPANY WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE; HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
a. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL, IN THE AGGREGATE, BE LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Interaction with Others; No Identity or Background Verification
a. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTITY, SUITABILITY AND FOR YOUR INTERACTIONS WITH THE PEOPLE YOU CHOOSE TO ENGAGE WITH THROUGH OUR SERVICE. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT ANY BACKGROUND CHECKS INCLUDING, BUT NOT LIMITED TO, CRIMINAL, FINANCIAL, SEX OFFENDER OR ANY OTHER BACKGROUND CHECKS OR SCREENINGS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE PEOPLE YOU CHOOSE TO INTERACT WITH. WHILE NOT OBLIGATED TO DO SO, COMPANY RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CONDUCT ANY CRIMINAL OR SEX OFFENDER BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. YOU ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS.
c. IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, CONSULTANTS, EXECUTIVES OR OFFICERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES, INJURIES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THEFT, BODILY INJURY, EMOTIONAL DISTRESS, DEATH AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH, CONTACT WITH OR INTERACTION WITH OTHER USERS.
Indemnification
a. You agree that You will be personally responsible for Your use of Our Website, Application and Services; and You further agree to defend, indemnify and hold harmless Company, and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) Your access to, use of or alleged use of the Application, Website and Service or the products You purchase through the Service; (ii) Your athletic activities arising out of Your use of the Application, Website and Service; (iii) Your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) Your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (v) Your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; and (vi) any serious emotional or physical harm, including death, to You or any third party resulting from Your athletic activities or Your use of Our Application, Website or Services or products purchased though the Service.
b. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Our defense of such claim.
Governing Law
This Agreement, and any separate agreements whereby We provide You Services, shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of North Carolina in and for the County in which Company has established its principal office.
Our Remedies
a. You acknowledge that We may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by You, We shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b. For purposes of this Section, You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of North Carolina in and for the County in which Company has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
Disputes Resolution; Arbitration; Class Action
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and Company agree that any claim or dispute at law or equity that has arisen, or may arise, between You and Company (including any claim or dispute between You and a third-party agent of Company) that relates in any way to or arises out of this or previous versions of this Agreement, Your use of or access to the Services, the actions of Company or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
a. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between You and Company, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between You and Company, whether arising out of or relating to these Terms and Conditions (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between Us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if Your claims qualify. You agree that, by entering into these Terms, You and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If You reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at Company believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@mypicklebuddy.com. If such efforts prove unsuccessful, 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 Company should be sent to the address provided in the Contact Us section at the end of these Terms and Conditions ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and You do not resolve the claim within sixty (60) calendar days after the Notice is received, You or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or You shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its Website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and Conditions and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and You agree otherwise, any arbitration hearings will take place in a reasonably convenient location 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 USD $10,000 or less, Company agrees 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 USD $10,000, 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. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms and Conditions will continue to apply.
h. Judicial Forum for Legal Disputes. Unless You and We agree otherwise, in the event that the Arbitration Agreement above is found not to apply to You or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, You agree that any claim or dispute that has arisen or may arise between You and Us must be resolved exclusively by a state or federal court located in the State of North Carolina in and for the County in which Company has established its principal office. You and We agree to submit to the personal jurisdiction of the courts located within the State of North Carolina for the purpose of litigating all such claims or disputes. You also agree that: (i) Our Services shall be deemed solely based in the State of North Carolina; and (ii) Our Services shall be deemed passive Services that do not give rise to personal jurisdiction over Us and Our assigns, either specific or general, in jurisdictions other than the State of North Carolina.
Statutory Rights; Notice to California Residents
If You are a California resident, under California Civil Code Section 1789.3, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding Our Website.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, Our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right to update, amend and/or change this Agreement at any time in Our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Us posting the updated Agreement on Our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted at the top of this Agreement. Your continued access and use of Our Services following the posting of any such changes shall automatically be deemed Your acceptance of all changes..
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website, Application and the Service.
Contact Us
If You have any questions about these Terms and Conditions, You can contact Us:
By email: support@mypicklebuddy.com
By visiting this page on Our website: https://mypicklebuddy.com/help-center
