PMG ATHLETIC FUNDING
These Terms constitute an agreement SOJO Media Group, LLC dba:PMG Athletic Funding and its affiliates (collectively, “PMG Athletic Funding” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
These Terms apply to the website located at www.highschoolsupport.com and any other websites operated by us that may link to these Terms (the “Website”), any of our mobile apps that link to these Terms (the “App”), offered through the Website and App (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Website or App shall be subject to these Terms. We reserve the right to provide you with operating rules or additional terms that may govern your use of the Website, App or Services generally, unique parts of the Website, App or Services, or both (“Additional Terms”). Any Additional Terms that we provide to you are hereby incorporated by reference into these Terms. Unless otherwise specified, to the extent any Additional Terms conflict with these Terms, the Additional Terms will control. By accepting these Terms or otherwise accessing, downloading and/or using the Website or App, you acknowledge that you have read, understood and agree to be bound by these Terms and you agree to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, DOWNLOAD AND/OR USE THE WEBSITE OR APP. PMG Athletic Funding reserves the right to change these Terms at any time without notice.
The material provided on the Website and App is protected by law, including but not limited to United States copyright law and international treaties. The Website and App are controlled and operated by PMG Athletic Funding from servers located within the United States. PMG Athletic Funding makes no representation that the Website or its content, the App or its content, or the Services are appropriate or available for use in locations other than the United States, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. If you choose to access the Website or App from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with all applicable local laws. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website or App is void where prohibited.
1. Changes to Website, App, and Terms. We may update these Terms from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website and/or App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website and/or App. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE AND APP TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE AND APP. YOUR CONTINUED USE OF THE WEBSITE OR APP SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THE UPDATED TERMS. PMG ATHLETIC FUNDING expressly reserves the right to make any changes to the Terms, to the Website and its content, or the App and its content, at any time, without prior notice to you. Such changes, updates, or amendments shall not serve to constitute a default or termination by PMG Athletic Funding of these Terms.
3. Eligibility. Your right to use the Website, App and Services is contingent upon your compliance with these Terms including any relevant Additional Terms. The Website, App, and Services are made available to users 13 years of age or older. If you are under 13 years old, do not use, access or download the Website, App or Services. By using or attempting to use the Website, App or Services, you certify that you are at least 13 years of age and meet any other eligibility and residency requirements.
4. Registration and Account Security. The Website and App may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, App or Services, but may not be able to access some content or use certain services without registration. If you create a Program account (“Account”), signin toyour Account, on the Website or an App, you will be prompted to provide the email and password used in conjunction with your Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and Account, whether by you or others. You agree to (a) keep your password confidential and not share it with anyone else; (b) immediately notify PMG Athletic Funding of any unauthorized use of your password or Account or any other breach of security. PMG Athletic Funding cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 4.
5. User Restrictions. You may access, download and use the Website and App only for your personal, non-commercial use. Any other access to or use of the Website or App constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. The copyrights in all materials provided on the Website and App are held by PMG Athletic Funding or by the original creator of such materials. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit or otherwise exploit the Website or App or any of their respective content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, or interactive features (collectively, the “Website and App Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained on the Website, App or any Website and App Content. Permission is granted to you to display, copy, distribute and download the Website and App Content for personal, non-commercial use only, provided that you do not modify the Website and App Content and that you retain all copyright and other proprietary notices contained in Website and App Content. This permission terminates automatically if you breach any of these Terms. Upon termination of this permission, you must immediately destroy any downloaded and printed Website and App Content. You also may not, without PMG Athletic Funding’s permission, “mirror” any Website and App Content. Any unauthorized use of any Website and App Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You also acknowledge that you do not acquire any ownership rights by downloading or printing any Website and App Content.
Furthermore, except as expressly permitted in these Terms you may not:
circumvent, disable or otherwise interfere with security-related features of the Website or App, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or App; use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, App or any Website and App Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from the Website and App for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content on the Website and App that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; collect or harvest any personally identifiable information from the Website or App including, without limitation, user names, passwords, or email addresses; solicit other users to join or become members of any commercial online service or other organization without our prior written approval;attempt to or interfere with the proper working of the Website or App, or impair, overburden, or disable the same; decompile, reverse engineer, or disassemble any portion of the Website or App; use network-monitoring software to determine architecture of or extract usage data from the Website or App; encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; affect us adversely or reflect negatively on us, the Website, the App, the Services, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website or App, or from advertising, linking or becoming a supplier to us in connection with the Website or App; violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or engage in any conduct that restricts or inhibits any other user from using or enjoying the Website, App or Services.
6. User Content. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website or App (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website or App. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website, App or Services will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation in connection with our business and the business of our parent, subsidiaries, related companies and controlled affiliates and other related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website, the App and these Terms.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographic location in connection with the broadcast, print, online, or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
7. Trademarks. The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of PMG Athletic Funding and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. PMG Athletic Funding enforces its intellectual property rights to the fullest extent of the law. PMG Athletic Funding prohibits use of the PMG Athletic Funding logo as a "hot" link to the PMG Athletic Funding website unless establishment of such a link is approved in advance by PMG Athletic Funding in writing.
8. Links. The Website or App may include links to or advertising for websites, apps or content maintained by third parties. Because neither PMG Athletic Funding nor it parents, subsidiaries, related companies or controlled affiliates operate or control any information, products or services available on these third-party websites, apps or advertisements, you acknowledge and agree that PMG Athletic Funding is not responsible or liable for any content, advertising, products or other materials on or available from such websites, apps or advertisements. You further acknowledge and agree that PMG Athletic Funding 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 or reliance on any such content, goods or services available on or through any such site or resource.
9. Termination. You agree that PMG Athletic Funding may suspend or terminate your access to all or part of the Website, the App, and Services, in its sole and absolute discretion and without notice or liability to you or any third party, for any reason or for no reason (“Termination”), including without limitation: (a) if we determine that you failed to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements or guidelines; (b) in response to requests by law enforcement or government agencies; (c) at your request (i.e., self-initiated Account deletions); (d) in connection with the discontinuance or material modification of the Website, the App or Services (or any part thereof); (e) in connection with unexpected technical or security issues or problems; or (f) following extended periods of inactivity. Termination of your access and/or Account(s) may include: (i) removal of access to all offerings within the Website’s and App’s Restricted Areas; (ii) at PMG Athletic Funding’s sole discretion, the deletion of all of your Account information and other content associated with your Account (or any part thereof); and (iii) barring further use of the Website’s and App’s Restricted Areas.
Any Termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or Termination of your access to or use of the Website, App, your Account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.
10. Indemnity. You agree to indemnify, defend, and hold PMG Athletic Funding and its parent, subsidiaries, related companies and controlled affiliates, and each of their respective members, officers, directors, employees, agents, partners, licensors, service providers, strategic partners, and distribution partners (collectively, the “Indemnified Entities”), harmless from all third-party claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of the Website, App or Services; (b) any transaction resulting from use of the Website, App or Services or your connection to the Website or App; (c) your actual or alleged breach of any of the representations, warranties, covenants, or provisions of these Terms, any Additional Terms, or any applicable law or regulation; (d) your submission, posting, or transmission of personally identifiable information or other data to the Website or App; (e) your violation of any rights of another; or (f) your other acts and omissions.
11. Typographical Errors. In the event a deal is listed at an incorrect price due to a typographical error, entry or clerical error or error in pricing information received from our suppliers, PMG Athletic Funding shall have the right to refuse or cancel any deal.
12. Children's Online Policy. PMG Athletic Funding is committed to the preservation of online privacy for all of its website and App visitors, including children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13
PMG Athletic Funding
4478 Cerritos Avenue
Los Alamitos, CA 90720
14. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK. THE WEBSITE, THE APP, THE WEBSITE AND APP CONTENT AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND/OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) WARRANTIES THAT THE WEBSITE, APP, WEBSITE AND APP CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR APP WILL MEET YOUR REQUIREMENTS; (b) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, APP, WEBSITE AND APP CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR APP; (c) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CAPABILITY, SUFFICIENCY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (d) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR APP OR ACCESSED THROUGH THE WEBSITE OR APP; (e) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, APP OR SERVICES; (f) WARRANTIES THAT YOUR USE OF THE WEBSITE, APPS OR SERVICES WILL BE SECURE OR UNINTERRUPTED; (g) WARRANTIES THAT THE WEBSITE, APP, WEBSITE OR APP CONTENT OR SERVICES WILL BE ERROR-FREE OR THAT ERRORS IN THE WEBSITE, APP, WEBSITE AND APP CONTENT OR SERVICES WILL BE CORRECTED; OR (h) ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OR TRADE. THE PMG ATHLETIC FUNDING ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR APP IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PMG ATHLETIC FUNDING OR THROUGH OR FROM THE WEBSITE OR APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL THE INDEMNIFIED ENTITIES BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE INDEMNIFIED ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR APP OR ANY MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR APP; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR APP; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR APP; (e) LOSSES TO VEHICLES OR THE CONTENTS OF SAME RESULTING FROM FIRE, THEFT, COLLISION OR ANY OTHER CAUSE; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE, APP, WEBSITE AND APP CONTENT OR SERVICES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR ANY GUARANTEE POLICY PASSES DESCRIBED IN PARAGRAPH 5(f) ABOVE, THE INDEMNIFIED ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY PARKING OR ON-AIRPORT VALET SERVICES RESERVATION, OR FROM ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE OR APP. IF YOU ARE DISSATISFIED WITH ANY OF PMG ATHLETIC FUNDING’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, APP, AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Arbitration and Dispute Resolution Agreement. PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Website, App and/or Services. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 18(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website, App or Services shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of 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 under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
(c) THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
(d) 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 THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(e) Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 18(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(f) Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.
(g) Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
(h) 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 18(b), 18(c), 18(d) and 18(e) by sending written notice of your decision to opt-out to the following address: PMG Athletic Funding, 1609 W. Anaheim Street, Long Beach, CA 90813, Attention: Legal Department. The notice must be sent within thirty (30) days after the first of the following to occur: (i) the first date after the Effective Date on which you (a) create an Account on the Website or App, (b) sign in to an existing Account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(1) Modifications. Any modification to Paragraph 18 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will only apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification.
19. Miscellaneous Provisions.
(a) If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions hereof.
(b) The rights to use the Website and App granted to you hereunder are personal to you and are not subject to transfer or assignment. We may assign our rights and duties under these Terms at any time to any third party without notice.
(c) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(d) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(e) Possible evidence of use of the Website or App for illegal purposes will be provided to law enforcement authorities.
(f) Discontinuation of use of the Website, App, and Services is your sole right and remedy for any dissatisfaction with the Website, App, and Services.
(g) These Terms constitute the entire understanding with respect to the subject matter hereof and shall supersede any and all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.
20. Questions. Please contact us with any questions regarding the Website, App, Services or these Terms at email@example.com
Effective Date: September 6, 2016