Terms & conditions | EYS Sports

Terms & conditions

Introduction

THESE TERMS (“Terms”) are an Agreement between Empower Youth Sports Play Corp.,a corporation formed under the laws of the State of Delaware (“EYSP”) and each Registered User (“Registered User”) of the EYSP app, services, features, or software (the “EYSP App”). All users are required to review and be bound by these Terms in order to participate on the EYSP App. You agree to these Terms by installing, accessing, or using the EYSP App. IF YOU DISAGREE WITH ANY PORTION OF THESE TERMS, YOU CANNOT PARTICIPATE AS A USER OF THE EYSP APP. PLEASE CAREFULLY REVIEW THESE TERMS BECAUSE THEY IMPACT YOUR RIGHTS, RELIEF, AND LIABILITY.

Scope of EYSP Services.

I. Eligibility, Using the EYSP App, Registered User Verification.

II. Modification of These Terms.

EYSP reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to the Terms, we will post the revised terms on the EYSP App and update the “Last Updated” date at the top of them. We will also provide you with notice, as appropriate, of the modifications by email before the date they become effective. If you disagree with the revised Terms, you must terminate your participation in the EYSP App with immediate effect by deleting your account and ceasing all use of the EYSP App. If you do not terminate your use before the date the revised Terms become effective, your continued access to or use of the EYSP App will constitute acceptance of the revised Terms.

III. Account Registration; Acceptable Devices or Software.

IV. Content.

V. Payments.

Providers may advertise their Events on the EYSP App by choosing a subscription plan and making payment to EYSP. EYSPdoes not guarantee that any payments made for advertising Events will result in any increase in the number of Seekers registering for such Events. EYSP reserves the right to update the prices associated with such subscription plans at any time.

VI. Currency Used.

All transactions on the EYSP App are in United States currency (USD$). EYSP does not provide currency exchange services.

VII. Event Risk.

Registered Users acknowledge that given the nature of sports and physical activity, all Events present inherent risk of possible physical stress and injury. In the event that a Registered User has physical stress or an injury,EYSP will not be held liable.

VIII. Prohibited Activities.

IX. Term and Termination.

X. DISCLAIMERS.

XII. LIMITATION OF LIABILITY.

THE EYSP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE EYSP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE EYSP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

XIII. INDEMNIFICATION

YOU AGREE TO RELEASE, DEFEND (AT EYSP’S OPTION), INDEMNIFY, AND HOLD EYSP AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

XIV. Dispute Resolution.

XV. General Provisions.

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