Please read these terms and conduction of use (“Terms”) carefully before accessing or using PlayVisionSports.com (the “Site”), the Play Vision Hoops App, and/or Play Vision Reports (collectively, the “Services”) provided or operated by Play Vision Sports Analytics LLC (“us”, “we”, or “our”). These Terms apply to each person (“you” or “your”) who visits, accesses, or uses the Site or any of the Services.
We may modify the Terms at any time in our sole discretion. Upon modification, we will post the amended Terms to the Site with notice of the changes and/or endeavor to notify you of the changes. By continuing to use the Site or the Services after the amended Terms have been posted to the Site, you agree to be bound by the amended Terms.
We may, at any time, in our sole discretion i) modify the Site or the Services, ii) eliminate or discontinue the Site or the Services, in whole or in part, iii) terminate your access to the Site or the Service, in whole or in part, iv) decline access to the Site or the Services to any person for any reason.
To access the Services, an account, username, and password will be created for each user. By using the Site or the Services, i) you represent to use that all account information submitted by you is truthful, accurate, and owned by (or licensed to) you, and ii) you agree not to use the account, username, or password of any other person without such person’s express consent.
You are responsible for creating your password. We urge you to create a strong password with unique letters, numbers, and special characters. It is your sole responsibility to maintain confidentiality of your password, control access to and use of your account, and notify us if you desire to cancel your account. You agree to notify us immediately if you suspect any unauthorized access to your password or account or other security breach. We are not responsible or liable for any loss or damage arising from your failure to comply with this or any other provision of the Terms.
We will never request your account password by email. If you receive an email or other correspondence requesting that you provide any sensitive information through email or a website that is not affiliated with this Site, or that seems suspicious to you, do not provide such information and report the request to us.
In the unlikely event that we believe that a security breach has occurred, we may seek to notify you by email. You consent to our use of email as a means of such notification.
We do not claim any ownership rights to the text, images, videos, or other files or materials that you create in or upload to the Site or the Services (“User Content”), except as provided in these Terms. You are solely responsible for any third-party content in your User Content. You agree not to create in, upload to, or distribute through the Site or the Services any content if it would violate the intellectual property, privacy, publicity, contract, or other rights of any person or entity.
All of the content available on or through the Site or the Services, other than User Content, is owned by us (or our licensors) and is protected, as applicable, by intellectual property laws and other proprietary rights. You acknowledge that the Site, the Services, and any underlying technology used in connection with the Site or the Services contain our proprietary information. By giving you permission to use the Site and the Services for personal, non-commercial purposes only, we do not transfer to you any intellectual property rights. We retain all rights in and to the Site and the Services that are not expressly granted to us to you under these Terms.
You agree Not to:
- Use or distribute the Site or the Services, or otherwise make them available, in any manner that allows you and/or a third party to access without authorization, modify, extract information from, reproduce, reverse-engineer, disassemble, “frame”, “mirror”, the Site or any of the Services;
- Use or distribute the Site, the Services, or any content therein (other than User Content) for commercial purposes;
- Make available to the general public the Services or any content therein (other than User Content).
- Sublicense, resell, lease, assign, gift, or otherwise transfer or distribute the Site or the Services;
- Use the Site or the Services in any manner harmful to our public image, goodwill, or reputation;
- Use the Site or the Services in any manner that infringes on our or any third party’s intellectual property, privacy, publicity, contract, or other rights;
- Upload to or distribute through the Site or any of the Services any virus or other malicious file, script, or program;
- Circumvent any security measures of the Site or the Services; and
- Use the Site or the Services in any manner that violates any applicable law or regulation.
By using the Site or the Services, you represent to us that your use of the Services does not violate any applicable law or regulation.
If you become aware of any misuse of the Site or the Services by any person, please contact us immediately at firstname.lastname@example.org.
You agree to indemnify and hold us and our officers, employees, agents, and affiliates harmless from any loss (including reasonable attorneys’ fees), liability, or claim by any third party arising out of or related to i) your access to or use of the Site or the Services and ii) your violation of any provision of these Terms.
Disclaimer of Warranties
The Site and the Services are provided on an “as is” and “as available” basis, without any warranty of any kind, express or implied, including any warranty of accuracy, non-infringement, merchantability, and fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the Site or the Services, and you assume all risks associated herewith, including the risk and cost of program errors, computer viruses, damage to or loss of data or programs, loss or interruption of access to the Services, and your compliance with applicable laws and regulations.
Limitation of Liability
In no event shall we be liable for any i) direct damages in excess of the fee paid for your use of the Services; ii) special, incidental, consequential, punitive, or exemplary damages, including loss of revenue, profits, or goodwill; iii) loss or inaccuracy of data, loss or interruption of access to the Services, or the cost of procuring substitute services or technology; iv) disclosure of confidential information; or v) matter beyond our reasonable control.
The Site and the Services may contain links to other websites. These links are provided for convenience only, and we do not endorse and are not responsible for the content or security of any such websites.
Each party hereto voluntarily submits and agrees to the exclusive jurisdiction and venue in and by the courts of the Commonwealth of Kentucky located in Fayette County, Kentucky, and the United States District Court for the Eastern District of Kentucky in any suit or other action related in any way to this agreement or the Site or the Services. You hereby waive any right to a trial by jury in any action arising out of or based upon this agreement or the Site or the Services. In any action arising out of or based upon this agreement or the Site or the Services, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys’ fees, incurred in such action.
Any dispute, controversy or claim arising out of or relating in any way to this agreement including any dispute concerning the construction, validity, interpretation, enforceability, or breach, but excluding any request for equitable relief, shall be exclusively resolved by binding arbitration. Any request for equitable relief arising out of or relating in any way to this agreement shall be submitted to a court of jurisdiction according to this agreement. In the event of a dispute, controversy, or claim arising out of or relating in any way to this agreement or your use of the Site or the Services, you shall notify Play Vision in writing thereof. Within ninety (90) days of such notice, Play Vision and you shall meet at an agreed location in Fayette County, Kentucky to attempt to resolve the dispute in good faith. Should the dispute not be resolved within ninety (90) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
This agreement to arbitrate shall be specifically enforceable. Play Vision may apply to any court of competent jurisdiction for interim or conservatory relief, including without limitation a petition to compel arbitration.
If the parties are not able to agree upon the selection of an arbitrator within thirty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the federal court in the Eastern District of Kentucky in accordance with the terms of this agreement.
The arbitration shall be conducted in accordance with the Federal Arbitration Act, the laws of the Commonwealth of Kentucky, and the then existing Commercial Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.
The arbitration shall be conducted in Fayette County, Kentucky.
The laws of the Commonwealth of Kentucky shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
Except as may be required by law, you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties to this agreement.
The parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten (10) days before the arbitration hearing.
The arbitrator(s) shall have no authority to award punitive/consequential/special/indirect damages. The arbitrator(s) shall award interest from the time of the breach to the time of award at the rate of 6% prejudgment interest under Kentucky law.
Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the arbitrator it designated. The arbitrator(s) shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
Limitation on Collective Action
All claims and/or disputes arising under the Terms, the Site, or the Services shall be brought and resolved individually, on a case by case basis. Therefore, you forfeit the right to participate in a class action suit or any other collective action against Play Vision. However, Play Vision may submit to resolution by class action, including class arbitration, at Play Vision’s sole discretion.
Notice to California Users
California users are entitled, under California Civil Code Section 1789.3, to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800)952-5210.