Terms of Service
Last Updated: July 31st, 2024
These Terms of Service contain an arbitration provision. Please review the Arbitration section for details.
Welcome to the Main Court mobile application (the “App”) and www.maincourt.com website (the “Site”) operated by Main Court LLC (“we,” “us” or “our”), the ultimate pickleball companion. These Terms of Service (“Terms”) govern your use of the Site, App, or any other platforms or services we may offer (collectively, our “Services”), as well as your visits to, interaction with, and purchases through the App or Site. The App and Site may each be hereinafter referred to as the “Platform”.
These Terms apply to anyone who accesses or uses our Platform or Services, regardless of registration status. “You” refers to you as a user of the Platform or Services, whether you are a coach, player or league or Organizer.
BY USING THE PLATFORM AND/OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE OUR PLATFORM OR SERVICES.
Contents
Account Eligibility; Registration and User Account
Additional Terms
Purchases
Acceptable Use of the Platform and Services
Content
Inappropriate Content or Conduct
Interactions with Coaches, Organizers and Other Users
Player Ratings, Skill Levels and Badges
Coaching
Leagues and Events
Main Court Ambassador Program
Ownership of the Platform, Services and Our Content
License
Copyright and Intellectual Property Policy
Privacy
Links
Changes to the Platform or Services
Termination
Disclaimer
Limitations on Our Liability
Indemnification
Informal Dispute Resolution
Arbitration Agreement & Waiver of Certain Rights
Other Provisions
Changes to these Terms
1. Account Eligibility; Registration and User Account
You may only use the Platform if you are at least 13 years old. You are not eligible to open an account with us if you have previously been removed from our Platform, unless you have our express written permission to create a new account. By signing up for an account, you represent and warrant that you meet this eligibility criteria. If at any time you cease to meet these requirements, all authorization to access our Platform and Services is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access without warning.
To open an account to use the Platform, you must complete the requested registration information, which may include your name, gender, date of birth and location, and cell phone number. If you choose to provide information to us, you agree to provide only true, accurate, current and complete information. You must update your account information as necessary to ensure its accuracy. We reserve the right to terminate any account for invalid or fraudulent information, or if you are no longer reachable at the e-mail address provided.
We are entitled to act on instructions received under your password. By creating a user account, you agree to accept responsibility for all activities, including communications, that occur under your account or password. You are entirely responsible for the confidentiality and use of your username and password. You must notify us immediately of any unauthorized use of your account, username, or password, or if you discover any security breach that relates to your account, e-mail address, or other account information. You may not use the account, username, or password of anyone else at any time, and you agree that you will not sell, transfer or assign or otherwise allow anyone else to access your user account.
2. Additional Terms
Some areas or features of the Platform and Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to an area or feature, we will make them available for you to read through your use of that area or feature of the Platform or Service. By using that area or feature, you agree to the Additional Terms. For example, some areas of the Platform use feature mapping services provided by Google Maps and Google Earth, and when you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service. If you do not agree to the Additional Terms, you may not use the areas or features of the Platform or the Services that are subject to the Additional Terms and if you do use such areas or features, you agree to be bound by such Additional Terms.
3. Purchases
We may offer services or allow third parties to offer services, products or Events and charge fees for such services, products or Events via Stripe or other payment processors on the Site or inside the App. For example, you can book coaching sessions or pay for court reservations or events through the Platform. Any cancellation of a reservation or session will be subject to our cancellation policy described herein.
If you make a purchase through the Site or the App, you agree to pay the prices displayed to you for the products, services or Events you’ve selected, plus the Main Court administration fee, the payment processor’s processing fees, as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize us and Stripe or our other payment processor to charge the payment method you provide (your “Payment Method”). You represent and warrant that you are authorized to use the Payment Method you designate. If the Payment Method cannot be verified, is invalid, or is otherwise not acceptable, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment, that has already been requested or received, in order to correct errors or mistakes, or to issue refunds.
Users are required to maintain a stored Payment Method on their accounts in order to use the Services. Deletion of your stored Payment Method will result in the Platform prompting you to add a new payment method before continuing to book the applicable lesson, match or Event. If your stored Payment Method becomes expired, or is a duplicate of another payment method on your account, we reserve the right to remove it. We reserve the right to cancel your ability to make payments with one or more of the Payment Methods you have authorized in our sole and absolute discretion. Users acknowledge that third-party payment processors may request the user’s date of birth and/or social security number in order to make and receive payments through their bank accounts.
We further reserve the right to initiate refunds of fees paid to Coaches, Organizers or other third parties, when appropriate, even in cases of fees paid through a third-party payment processor. Coaches or Organizers may also have their own refund policies. You should review their policies, if any, prior to booking a coaching session with any individual coach or registering for any Leagues or Events.
By making a purchase, you agree that you have reviewed and agreed to Stripe’s or our other payment processor’s terms of service and privacy policy. Stripe’s current Terms of Services is available here: Consumer Terms of Service (stripe.com). Stripe’s current Privacy Policy is available here: Privacy Policy (stripe.com).
4. Cancellation Policy and Modification to Appointments
Player Cancellations
If you have booked a lesson, made a court reservation, or signed up for an Event on the Platform and then later change your mind, or if something unexpected comes up and you can no longer attend, you can request a full refund of payments you made through the Platform for such session or Event if you cancel more than twenty-four (24) hours before the scheduled start time, subject to the Coach’s or Organizer’s cancellation policy. Cancellations made by users after such 24-hour period are not eligible for a refund. Subject to the Coach’s or Organizer’s cancellation policy, the amount of the refund will include the coaching session price, court reservation price or Event price, as applicable, plus Main Court’s administration fee; provided, however, refunds do not include the payment processing fees charged by Stripe or any other third party payment processors. Your total refund will include the cost of the booked session or Event and the Platform administrative fee only. Sessions or Events that have already occurred are not eligible for refunds, unless there are extraneous circumstances approved by us.
Coaches or Event Organizer Cancellations
If a coach cancels a lesson or an Organizer of an Event cancels an Event that you have paid for through the Platform, we will issue you a refund of the amount you paid, including Main Court’s administration fee, but such refund will not include any payment processing fee charged by Stripe or other third party payment processor.
Although Main Court initiates refunds immediately, transactions processed through Stripe can take approximately 5 to 10 business days to reflect in the user’s bank account.
5. Acceptable Use of the Platform and Services
You are responsible for your use of the Platform and Services, and for any use of the Platform or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, you agree to:
• comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
• comply with all local laws and rules regarding your use of the Platform and Services, your online communications and postings, and your off-line, in-person activities conducted at events, games and other meetups that arise through your use of the Platform;
• treat other users in a courteous and respectful manner, both on and off our Platform, including during off-line, in-person activities conducted at events, games and other meetups that arise through your use of the Platform; and
• present yourself respectfully and authentically on our Platform, including by adding at least one photo that shows your face.
We also prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Platform or Services, you may not:
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post, upload, send or otherwise share anything that:
▪ is illegal, abusive, harassing, threatening, abusive, harmful to reputation, pornographic, sexually explicit, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
▪ encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
▪ was not written by you or was automatically generated;
▪ includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian); and/or
▪ relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
• send unsolicited or unauthorized advertising or commercial communications, such as spam or junk mail;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform or Services, including information about Coaches or other users;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• misrepresent your identity, age, current or previous positions, qualifications, or affiliations;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Platform;
• use meta tags or code or other devices containing any reference to us or the Platform (or any of our trademarks, trade names, service marks, logos or slogans) to direct any person to any other website for any purpose;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Platform or Services;
• use or develop any third-party applications that interact with our Platform or User Content or information without our prior written consent;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Platform or Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
6. Content
While using our Platform and Services, you will have access to: (i) content that you upload, submit, store, send or otherwise provide while using our Platform and Services, including your personal information (“Your Content”); (ii) content that other users, Coaches or Organizers upload, submit, store, send or otherwise provide while using our Platform and Services, including their personal information (“User Content”); and (iii) content that we provide on and through our Platform and/or Services (“Our Content”). For purposes of these Terms, “content” includes, without limitation, all text, images, video, audio, guides, presentations, instructions and other content and material, including information on Coaches’, Organizers’ and users’ profiles and in direct messages between users and/or Coaches or Organizers.
6.1 Your Content
You retain ownership of any intellectual property rights that you hold in Your Content. In other words, you own your personal data. You are also responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
Your Content included on your individual profile should be relevant to the intended use of our Platform and Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to Coaches or other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by Coaches, Organizers and other users, and, notwithstanding these Terms, Coaches, Organizers and other users may share Your Content with third parties.
When you upload, submit, store, send, or otherwise provide Your Content to or through the Platform or Services, you give us permission to reproduce and use Your Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that Your Content works better with the Platform and Services), publicly perform, publicly display, and distribute Your Content. In addition, our license to Your Content is non-exclusive, meaning you may use Your Content for your own purposes or let others use Your Content for their purposes, except that our license will be exclusive with respect to derivative works created through use of our Platform or Services. For example, we would have an exclusive license to screenshots of our Platform or Services that include Your Content. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of Your Content. We may exercise our rights under this license anywhere in the world. This license is also perpetual, meaning that our rights under this license continue even after you stop using the Platform and Services. In general, however, we will only need to use Your Content for as long as you choose to store it with us using the Platform or Services.
Addition rights to Your Content apply if you join as a Coach or join our Ambassador Program pursuant to the License to Name and Likeness provisions below.
You promise that:
• you own all rights to Your Content or, alternatively, that you have the right to give us the rights described above; and
• Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. However, you understand and agree that we have no obligation to display or review Your Content and that you are solely responsible for Your Content.
6.2 User Content
Coaches, Organizers and other users will also share content on our Platform and Services. User Content belongs to the Coach, Organizer or user who posted the content and is stored on our servers and displayed at the direction of that Coach, Organizer or user.
While you will have access to User Content in connection with your use of the Platform and Services, it is not yours and you may not copy or use User Content for any purpose except for the limited purpose of allowing you to communicate with and meet with the Coach, Organizer or other user. You may not share User Content with any third parties for any purpose. We reserve the right to terminate your account if you misuse User Content.
6.3 Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other Content and intellectual property appearing on our Platform and/or Services is Our Content and is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under the License to Platform and Services section below, and we reserve all other rights.
7. Inappropriate Content or Conduct
We are not responsible for User Content that Coaches, Organizers or users post or the communications that Coaches, Organizers or users send using our Platform or Services and we generally don’t review Your Content or any other User Content before it’s posted. However, we are committed to maintaining a positive and respectful community on our Platform, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Platform. We encourage you to report any inappropriate User Content or misconduct by Coaches, Organizers or other users. You can report a Coach, Organizer or user to us at info@maincourt.com.
8. Interactions with Coaches, Organizers and Other Users
Using our Platform and Services involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and though we strive to encourage a respectful user experience, we are not responsible for the conduct of any Coach, Organizer or user on or off the Platform, or for the conduct of any Event attendees, including their actions or postings (although we do have control over their accounts if we determine they have violated these Terms, and if you have a concern about a Coach’s, Organizer’s or another user’s actions you may report it to us at info@maincourt.com).
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES, ORGANIZERS AND OTHER USERS OR EVENT ATTENDEES. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING COACHES, ORGANIZERS AND OTHER USERS OR EVENT ATTENDEES. WE DO NOT ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS, COACHES OR ORGANIZERS WITH WHOM YOU MAY COMMUNICATE THROUGH OUR PLATFORM AND WE DO NOT HAVE ACCESS TO OR VISIBILITY INTO ANY COMMUNICATIONS THAT YOU ENGAGE IN WITH COACHES, ORGANIZERS OR OTHER USERS OUTSIDE OF THE PLATFORM. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY COMMUNICATIONS THAT INVOLVE YOU OUTSIDE OF THE PLATFORM. YOUR COMMUNICATIONS OR DEALINGS WITH ANY THIRD PARTY (INCLUDING A COACH OR ORGANIZER) OR USER ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY OR USER. COMMUNICATIONS RECEIVED THROUGH THE PLATFORM AND SERVICES, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY US, MAY RESULT FROM ORGANIZERS OR USERS ENGAGING WITH THE PLATFORM OR SERVICES FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
You should use common sense and good judgment when interacting with others and agree to use caution in all interactions with Coaches, Organizers and other users or Event attendees, particularly when meeting in person or if you decide to communicate off the Platform.
9. Player Ratings, Skill Levels and Badges
You understand and agree that you may have the ability to rate other users and Coaches, and that other users and Coaches may have the ability to rate you, with the Platform’s rating and recommendation level systems. These ratings and recommendations will be made public without any additional notice to or consent by you. Ratings and recommendations are displayed for information purposes only and reflect the opinions of the user making the submission. They are not controlled by us, and the fact that users can access and make player ratings or recommendations with the Platform’s rating and recommendation level systems is not an endorsement of the users’ ratings or recommendations.
By engaging in the feedback and ranking process on the Platform, users acknowledge and agree to these Terms as they relate to rankings and feedback. Regular participation in providing accurate feedback contributes to a fair and robust player ranking system within the Main Court Community.
You will also assign yourself a skill level when you open an account. Changes to your skill level will be made over time based on the average skill level ranking by other users you have played and we will also award you badges when you achieve certain metrics (e.g., number of games played). These suggestions and badges are generated based on your activity within the Platform, opinions of other users and your performance against other users, and do not reflect our opinions.
We are not liable for any issues that may arise when meeting or playing with other players, and the Platform’s rating and recommendation level systems, skill levels and badges should only be used as a guide.
10. Coaching
As a user, you may book third-party coaching sessions through our Platform. Any time a user pays for or books a lesson on the Platform or receives a quote in connection with a coach’s session cost, such user is contracting directly with the coach offering such session. Although we evaluate Coaches to determine their qualifications to provide coaching when they apply to be Coaches on our Platform, we do not perform background checks, verify Coaches’ resumes or otherwise confirm their qualifications. While we do our best to ensure that Coaches on the Platform can offer quality coaching, a Coach appearing on the Platform does not mean that we endorse or guarantee their coaching skills or methods. It is your responsibility to investigate a Coach to determine whether a particular Coach and/or session is suitable for you.
You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Coach of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Services. Except where expressly authorized, you may not allow any person to join a session unless they are included as an additional user during the booking process.
We make no commitments on, and are not responsible for, the quantity, quality, availability, type or frequency of coaching that may be made available through the Platform. Availability of Coaches and/or coaching sessions may change over time and at any time.
WE DO NOT EMPLOY THE COACHES YOU MAY CONNECT WITH THROUGH THE PLATFORM AND ARE NOT RESPONSIBLE FOR THEIR COACHING, RECOMMENDATIONS OR ANY OTHER ACTIVITIES YOU MAY CHOOSE TO ENGAGE IN IN CONNECTION WITH THEIR COACHING, INCLUDING THE RESULTS OF ANY COACHING SESSION. WITHOUT LIMITING ANYTHING HEREIN, WE DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY COACHING SESSIONS OR OTHER SERVICES OFFERED BY COACHES VIA THE PLATFORM. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY COACH OR COACHING WILL BE SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS AND WE DO NOT MAKE ANY WARRANTIES REGARDING THE ADEQUACY, SAFETY OR RESULTS OF ANY COACHING SESSION OR RECOMMENDATION.
THE COACH IS SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH YOU AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES, AND COSTS SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO OR PARTICIPATION IN A COACHING SESSION SHOULD BE DIRECTLY MADE AGAINST THE COACH.
If you desire to be listed as a Coach and promote and arrange coaching services with players using the Platform (“Coach”), you must apply to become a Coach through the Coaching section of the Site and enter into our Coaching Agreement that will be made available to you upon request.
11. Leagues and Events
As a user, you may register and pay for tournaments, matches, camps, open play and social events (“Events”), or sign up and pay registration fees (if any) for established leagues, through our Platform. Except as expressly identified as a Main Court organized and sponsored Event, Main Court is not the organizer of any leagues or Events that you may register for through the Platform and Main Court is solely acting as a Platform for Organizers of the leagues and Events to list the league or Events. Main Court is not responsible for any third party Events or leagues and does not guarantee the quality, safety or conduct of any league or Event, or that leagues or Events will not be cancelled or rescheduled. Any time a user registers or pays for an Event or league on the Platform where such Event is not organized and sponsored by Main Court, such user is contracting directly with the organizer of such Event or league (the “Organizer”), and not with Main Court.
You acknowledge that league play and some Events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in league play or these Events, you understand and agree that you have freely chosen to assume these risks. You are solely responsible for, and agree that Main Court will have no liability or responsibility for, your transportation to or from league matches or other Events, attendance at league matches or other Events, participation in or exclusion from leagues or Events, the actions of you or others at league matches or Events, or any dispute between you and any Organizer.
To the fullest extent permitted by applicable law, you agree to release Main Court and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners from all claims, demands, damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, (“Claims”), arising out of or in any way connected with any transaction with an Organizer, or in connection with any league or Event. You also agree, to the fullest extent permitted by applicable law, to release Organizers from Claims based on an Organizer’s negligence arising out of or in any way connected with their User Content, or a league or Event. You waive any applicable law or statute (including Section 1542 of the California Civil Code), which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You may also be required by the Main Court or the Organizer to sign additional waivers and/or releases as a condition to your participation or attendance in a league or at an Event.
If you are the Organizer of a league or Event, you agree:
• You will not create leagues or Events that violate, or allow conduct in your league or at your Events, that violate the standards under the “Acceptable Use of the Platform and Services” heading above;
• You must clearly and prominently disclose any actions or expenses required to attend or participate in a league or Event, including any fees or incidental charges ancillary to the stated cost of registration or admission;
• Leagues and Events must not involve or promote illegal activities, products, or services. You are responsible for ensuring that your league or Event complies with all applicable laws, statutes, and regulations, including those related to the promotion of age-restricted activities and substances;
• You will obtain, before listing your Event on our Platform, all applicable licenses, permits, and authorizations required for your Event, including any state, county, municipal, or other local authority’s authorization of the Event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits;
• You are solely responsible for obtaining any consents, releases and/or waivers from attendees that are necessary for their participation in your league or Event; and
• You are solely responsible for organizing and carrying out your league or Event. Main Court has no responsibility with respect to your league or Event, other than allowing users to register and pay for your league or Event through the Platform.
As an Organizer, you hereby agree to release Main Court and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners from all claims, demands, damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other users) in connection with any leagues or Events you are the Organizer for. You waive any applicable law or statute (including Section 1542 of the California Civil Code), which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
12. Main Court Ambassador Program
Certain users who are aged 18 and over may be eligible to become members of our Ambassador Program. If you apply for and are invited into our Ambassador Program, you may be asked to trial new features and/or provide feedback on the Platform and Services and may receive exclusive third-party discounts.
Any discounts we may make available to you as a member of our Ambassador Program are subject to the third party’s terms and conditions, and availability of such discounts is subject to the third party’s discretion. We make no commitments on, and are not responsible for, the quantity, availability, type or frequency of discounts that may be made available to you as a member of our Ambassador Program. Availability may change over time and at any time.
As a member of our Ambassador Program, we also look to you for feedback on how to improve our Platform and Services. Any feedback you provide is our property as provided in the Ownership of Platform, Services and our Content section below.
13. License to Name and Likeness
In addition to other rights granted to use in Your Content, if you become a member of our Ambassador Program or become a Coach, you grant us the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your name, username, image, likeness, profile, location or other identifying information, including but not limited to your voice, in connection with any use of Your Content in advertising, marketing, promotional materials, videos and other media, throughout the world, in connection with the Services and Platform, including on the Site, the App, on social media, email marketing, and on other third party platforms. This license includes the right for us to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, and distribute Your Content in any manner, in whole or in part, alone or in conjunction with other material, in any print, electronic, or other media, now or hereinafter known. You agree that accept as provide herein or otherwise agreed to by us in writing, you will receive no other compensation or any reimbursement or coverage for any costs or expenses in connection with the use of Your Content.
On your behalf and on behalf of your heirs, assigns, relatives and any other person with a valid interest in the rights granted hereunder, you hereby waive any and all rights with respect to Your Content, and release, discharge, and agree to hold us and our successors, licensees, officers, directors, employees, and agents harmless from any liability whatsoever in connection with the use thereof, or with respect to any cause of action, whether now known or unknown, for defamation, use of intellectual property rights, invasion of right to privacy, publicity or personality or any similar matter relating to the use and exploitation of my name, voice, likeness and/or image in connection therewith. You waive any right to inspect and/or approve any media containing Your Content or the use to which they may be applied.
14. Ownership of the Platform, Services and Our Content
We own or license all right, title, and interest in and to (a) the Platform and Services, including Our Content; and (b) our trademarks, logos, and brand elements (“Marks”). You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, features, processes, or visual design elements or concepts without express written permission from us. You agree that you will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of Our Content, in whole or in part, except as expressly permitted by these Terms. All comments, feedback, suggestions, ideas and other submissions (“Feedback”) transmitted to us, including in response to questionnaires, surveys or other solicitations, in connection with your use of the Platform and/or Services shall be our property. You agree that unless otherwise prohibited by law, we may use, sell, exploit and disclose the Feedback in any manner, without restriction and without compensation to you. As between you and us, Our Content and all non-public information and materials related to the Platform and Services (and the use of it) are our “Confidential Information” and you will not use or disclose our Confidential Information to third parties without our consent.
15. License to Platform and Services
Once you open an account, we grant you a personal, non–exclusive, non–transferable, limited license to access and make use of the Platform and Services solely for your personal, noncommercial use, all according to these Terms. Your use does not give you any ownership rights in the Platform, Services or any of Our Content. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to, used or viewed by anyone else. In addition, you will not make print or electronic copies of any portions of any of Our Content, nor will you employ or allow the use of your account for the purpose of doing anything in violation of these Terms.
16. Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent:
David Alonso
david@maincourt.com
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
17. Privacy
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when and how we share, personal information and other data with others.
18. Links
The Platform and Services may contain links to other websites and online resources. We are not responsible for, and do not endorse, any such websites or online resources, or any products or services that may be offered by third-party websites or resources. If you choose to interact with any third-party websites or resources made available through our Platform or Services, such party’s terms will govern their relationship with you. You should always read the terms and conditions and privacy policy of a third-party website before using it. We are not responsible or liable for such third parties’ terms or actions, or for any damage or loss related to your use of any third-party website or resource.
19. Changes to the Platform or Services
We enhance and update the Platform and Services often. We may change or discontinue the Platform or Services at any time, with or without notice to you.
20. Termination
We reserve the right to not provide the Platform or Services to any person. We also reserve the right to terminate any user’s right to access the Platform or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Platform and Services automatically terminates and we may cancel your access to the Platform, Services and/or any of Our Content.
21. Disclaimers
YOU USE THE PLATFORM AND SERVICES AT YOUR OWN RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITH RESPECT TO ANY COACHING SERVICES YOU BOOK THROUGH OUR PLATFORM OR LEAGUES OR EVENTS YOU REGISTER AND/OR PAY FOR THROUGH OUR PLATFORM.
OUR COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT THAT YOU, ANOTHER USER OR A COACH OR ORGANIZER POSTS, SENDS, OR RECEIVES THROUGH OUR PLATFORM OR SERVICES. IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE PLATFORM OR SERVICES, OR THE RESULTS TO BE OBTAINED FROM ACCESSING OR USING THE PLATFORM, SERVICE OR ANY CONTENT OR ANY THIRD PARTY PLATFORMS, MATERIALS OR SERVICES, INCLUDING ANY COACHING SERVICES BOOKED THROUGH OUR PLATFORM OR LEAGUES OR EVENTS YOU REGISTER AND/OR PAY FOR THROUGH OUR PLATFORM. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM OR SERVICES, INCLUDING FROM ANY COACH OR ORGANIZER, WILL CREATE ANY WARRANTY.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING, WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. BY USING OUR PLATFORM AND SERVICES (INCLUDING ATTENDING OR PARTICIPATING IN A COACHING SESSION, LEAGUE OR EVENT), YOU ACKNOWLEDGE AND AGREE: THAT YOU ARE AWARE OF THESE RISKS AND THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INJURY OR HARM YOU MAY SUFFER, AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM OR AS A RESULT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, OR ANY ACTIVITY YOU ENGAGE IN IN CONNECTION WITH OR AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING ANY EVENTS, COACHING SESSIONS OR RECOMMENDATIONS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF THE AVAILABILITY OF, OR OF ANY TRANSMISSION TO OR FROM, THE PLATFORM OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PLATFORM OR SERVICES BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, SENT, STORED, RECEIVED OR SHARED THROUGH THE PLATFORM OR SERVICES; (g) ANY COACHING SERVICES OR RECOMMENDATIONS OR THE RESULTS THEREOF; OR (h) ANY LEAGUES OR EVENTS LISTED ON OUR PLATFORM.
22. Limitations on Our Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE TRANSACTION PROCESSING FEES YOU PAID TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY OR $10 (TEN DOLLARS), WHICHEVER IS LESS.
You understand and agree that we have entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Platform, including your participation in any session, match or Event, use of any other Service, or any other interaction you have with other users, whether in person or online. For example, sessions and matches may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those sessions and/or matches.
23. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, due to, arising out of, or relating in any way to (i) your access to or use of our Platform and/or Services, (ii) Your Content, (iii) your conduct toward other users, (iv) any actual or alleged breach of these Terms by you or anyone using your account, and/or, (v) if you are an Organizer, your league(s) or Event(s). If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
24. Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail Main Court LLC, 3830 Valley Centre Drive #705, San Diego, 92130 Attn: David Alonso. We will send any dispute related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.
25. Arbitration Agreement & Waiver of Certain Rights
Except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. YOU AND WE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Main Court LLC, 3830 Valley Centre Drive #705, San Diego, 92130 Attn: David Alonso. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
26. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature relating to these Terms, the Platform, or Services, except as otherwise set forth herein, will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
27. Test Message Opt-In
Certain features of the Services include text message notification and other marketing messages delivered via text message. By signing up for a match, coaching session, league or other vents, or otherwise participating, acknowledging or consenting to any feature that uses text messaging services, you opt in to receive text messages through the Services, and consent to the handling of your personal information, in accordance with these Terms and our Privacy Policy. You expressly authorize us to use auto dialer or non-auto dialer technology to send you text messages from the Services, including marketing content. If you desire to withdraw your consent, you may do so in accordance with the opt-out process described in our Privacy Policy.
28. Changes to these Terms
From time to time, we may change these Terms or other policies incorporated in these Terms, like our Privacy Policy. Notice of any material change will be posted on this page with an updated “Last Updated” date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Changes will go into effect on the “Last Updated” date shown in the revised Terms. By continuing to use the Platform or Services after the revised Terms are posted on the Platform, or by visiting, interacting with, or making any payments through our Platform after we have sent you written notice of the revised Terms, you are agreeing to the revised Terms. If you do not accept a change to the Terms, you must stop accessing or using our Platform and Services immediately.
PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THIS PAGE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.