• Welcome to www.thetenniswizard.com . Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
1409 CLAIRE LN; ALLEN; 75013.
• By using this app, I understand and agree that COMPUMATRICE will process my personal data outside of my country of residence, including in the United States, taking into account the possible risks of such transfer.
WILL THESE TERMS EVER CHANGE?
• We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If we do, we will bring it to your attention by placing a notice on the www.thetenniswizard.com website, by sending you an email, and/or by some other means.
• If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
• Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
WHAT ABOUT MY PRIVACY?
• The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org .
WHAT ARE THE BASICS OF USING TENNIS WIZARD?
• You may be required to sign up for an account and select a password and username (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
• When you sign up for an account in connection with the Services, you will be required to provide the following information, and you agree to provide us with the following accurate and complete information about yourself:
(a) First Name/Last Name
(b) Date of Birth
(e) Phone Number
• You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
• You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
• You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
YOUR USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS:
• You represent, warrant, and agree that you will not contribute or consume any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including COMPUMATRICE). For clarity, you may not use COMPUMATRICE’s or THE TENNIS WIZARD’s name, trademark, or logo without prior written consent from COMPUMATRICE.
(b) Violates any law or regulation, including any applicable export control laws.
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you).
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user.
(f) Violates the security of any network or cracks any passwords or security encryption codes.
(g) Runs Mail list, Listserv, any form of “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
(i) Copies or stores any significant portion of the Content.
(j) Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
• A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
WHAT ARE MY RIGHTS IN THE SERVICES?
• The materials displayed or performed or available on or through the Services, including, not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including COMPUMATRICE’s) rights.
• The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
DO I HAVE TO GRANT ANY LICENSES TO COMPANY OR TO OTHER USERS?
• For all User Submissions, you hereby grant COMPUMATRICE a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a personal computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
• If you store a User Submission in your own personal TENNIS WIZARD account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant COMPUMATRICE the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
• If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant COMPUMATRICE the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
• If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant COMPUMATRICE the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all COMPUMATRICE users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with COMPUMATRICE’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
• You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Company account (by emailing us at email@example.com ), we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), and you understand and agree that it may not be possible to completely delete that content from Company’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
• Finally, you understand and agree that COMPUMATRICE, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
WHAT IF I SEE SOMETHING ON THE SERVICES THAT INFRINGES MY COPYRIGHT?
• You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like COMPUMATRICE, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
WHO IS RESPONSIBLE FOR WHAT I SEE AND DO ON THE SERVICES?
• Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no control to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
• You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
• COMPUMATRICE has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, COMPUMATRICE will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from all liability arising from your use of any third-party website or service.
• Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that COMPUMATRICE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
• If there is a dispute between participants on this site, or between users and any third party, you agree that COMPUMATRICE is under no obligation to become involved. If you have a dispute with one or more other users, you release COMPUMATRICE, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, in any way related to our Services.
• If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of the release, which, if known by him must have materially affected his settlement with the debtor."
WILL COMPUMATRICE EVER CHANGE THE SERVICES?
• We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you are in violation of these Terms), in our sole discretion, and without notice.
DO THE SERVICES COST ANYTHING?
• The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
a. Paid Services Certain of our Services may be subject to payments now or in the future. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the App Store (as defined below) linked to your specific device. You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with, such App Store terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with such App Store’s terms and conditions.
b. COMPUMATRICE may make Paid Services available to paid users on either a monthly subscription basis and/or a per transaction basis. When purchasing COMPUMATRICE products and/or services on either a monthly subscription or a per transaction basis, you:
(1) Allow COMPUMATRICE to automatically charge your account an amount agreed to at the time of purchase, either as a one-time fee and/or every month, in advance, until the expiration of your subscription. Please see parts e. and h. below for further information on “Recurring Billing” and “-Renewal for Paid Services.”
(2) Agree that all (one-time and/or subscription) payments are non-refundable, non-transferable, and non- assignable.
(3) Acknowledge that the origination of these charges to your account must comply with U.S. law.
(4) Agree that COMPUMATRICE or your financial institution can cancel automatic payment of your subscription account at any time, with or without prior notice to you.
(5) Agree that this agreement remains in effect until Cancelled by you, COMPUMATRICE, or your financial institution.
• COMPUMATRICE may change the applicable transaction, administrative and/or service fees for access to premium content and services (or otherwise). COMPUMATRICE shall notify you via email at least 14 days prior to the change of applicable fees. If you do not agree to the change, you may cancel your access to premium content and services, and if available, use COMPUMATRICE’s free Services.
c. Billing. COMPUMATRICE uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe. (“Stripe”) as our Payment Processor. In order for you to use Stripe’s payment processing services, you must register with Stripe as a merchant. All legal notices regarding Stripe can be found at https://stripe.com/legal
• We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use a Paid Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Service in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
e. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G. MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE ACCOUNT MAINTENANCE AREA OF YOUR ACCOUNT, OR CONTACT US AT firstname.lastname@example.org.
f. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNACOMPUMATRICEHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT MAINTENANCE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
g. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction or shortly after transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
h. Automatic-Renewal for Paid Services. Unless you opt out of Automatic0-Renewal, any subscription-based Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to the Account Maintenance section of your account settings (or contact us at email@example.com) or, for mobile applications, cancel your subscription in the subscription management section of the applicable App Store. If you terminate a subscription-based Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICES THROUGH THE ACCOUNT MAINTENANCE SECTION OF YOUR ACCOUNT SETTINGS (OR CONTACT US AT firstname.lastname@example.org) OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. COMPUMATRICE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
i. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
WHAT IF I WANT TO STOP USING THE SERVICES?
• COMPUMATRICE is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. COMPUMATRICE has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
• Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of COMPUMATRICE.
• Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
WHAT ABOUT MOBILE APPLICATIONS AND IN-APP PURCHASES?
• Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. COMPUMATRICE is not a party to any In-App Purchase.
I USE THE COMPANY APP AVAILABLE VIA THE APPLE APP STORE - SHOULD I KNOW ANYTHING ABOCOMPUMATRICE THAT?
(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content.
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.
(c) You will only use the Application in connection with an Apple device that you own or control.
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.
(f) You acknowledge and agree that Company and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application.
(g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use and
(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
WHAT ELSE DO I NEED TO KNOW?
• Warranty Disclaimer: Neither COMPUMATRICE nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY COMPUMATRICE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOCOMPUMATRICE WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOCOMPUMATRICE LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOCOMPUMATRICE LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPCOMPUMATRICEER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
• Indemnity: You agree to indemnify and hold COMPUMATRICE, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
• Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without COMPUMATRICE’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
• Choice of Law: These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and laws of the State of Texas, Arbitration.
• Arbitration Agreement: Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with COMPUMATRICE and limits the manner in which you can seek relief from COMPUMATRICE. Both you and COMPUMATRICE acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, COMPUMATRICE’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules: Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Dallas County, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration: The Rules will govern payment of all arbitration fees. COMPUMATRICE will pay all arbitration fees for claims less than one thousand ($1,000) dollars. COMPUMATRICE will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court: Infringement. Either you or COMPUMATRICE may assert claims, if they qualify, in small claims court in Dallas County, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial: YOU AND COMPUMATRICE WAIVE ANY CONSTITCOMPUMATRICEIONAL AND STATCOMPUMATRICEORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and COMPUMATRICE are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and COMPUMATRICE over whether to vacate or enforce an arbitration award, YOU AND COMPUMATRICE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the disputes be resolved by a judge.
(e) Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPCOMPUMATRICEES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor COMPUMATRICE is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out: You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address postmarked within thirty (30) days of first accepting these Terms.:
1409 CLAIRE LN; ALLEN; 75013.
You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue: If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or COMPUMATRICE to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and COMPUMATRICE agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Dallas County, Texas, or the federal district in which that county falls.
(h) Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Tennis Wizard.
• You agree that you are aware of the highly contagious nature of bacterial and viral diseases (the "Diseases") and the risk that you may be exposed to or contract the Diseases or other infectious diseases by engaging in or using the Services. You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY USING THE SERVICES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASES, ARISING FROM YOUR USE OF THE SERVICES.
• You hereby expressly waive and release any and all claims, now known or hereafter known, against COMPUMATRICE and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Services and being exposed to or contracting the Diseases. You covenant not to make or bring any such claim against COMPUMATRICE or any other Releasee, and forever release and discharge COMPUMATRICE and all other Releasees from liability under such claims.
• You acknowledge that you are familiar with any applicable federal, state, and local laws, orders, directives, and guidelines related to the Diseases. You will comply with all such applicable orders, directives, and guidelines in your use of the Services.
• You shall defend, indemnify, and hold harmless COMPUMATRICE and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by COMPUMATRICE or any other Releasees, arising or resulting from any claim of a third party related to the Disease due to your use of the Services.
• Miscellaneous: You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company and you do not have any authority of any kind to bind Company in any respect whatsoever.
• Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and COMPUMATRICE agree there are no third-party beneficiaries intended under these Terms
EXPERT CONSULTING/ADVISORY SERVICES - TERMS OF SERVICE
• ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPCOMPUMATRICEES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPCOMPUMATRICEES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Use of the Services
• You will only use the Expert Consulting/advisory Services for your own internal, personal use and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Expert Consulting/advisory Services and your actions and omissions that relate to the Expert Consulting/advisory Services must comply with all governing laws of your local, national or international jurisdiction. We can’t and won’t be responsible for your using the Expert Consulting/advisory Services in a way that breaks the law.
• COMPUMATRICE retains the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing or using Expert Consulting/advisory Services in the event of a violation of any terms, your act or omission that causes harm to Tennis Wizard and / or COMPUMATRICE or others, or for any other reason.
Connecting Experts and Players
• Through Expert Consulting/advisory Services, Tennis Wizard connects those providing tennis consulting services (“Providers”) and those looking to acquire their services (“Players”). When we use the word “you” in these Expert Consulting/advisory Services Terms, it refers to any user, regardless of whether he or she is a Provider or Player, while if we use one of those specific terms, it only applies to that category of user.
• Tennis Wizard uses reasonable efforts to vet each potential Provider, including checking background, experience and relevant certification (including Safe Play certification when applicable), before recommending certain Providers to Players. However, before receiving services from any Provider, Players are responsible for making their own determination that the recommended Provider is suitable. Tennis Wizard’s only responsible for connecting Providers and Players, and can’t and won’t be responsible for making sure that Provider’s Services are actually provided or are up to a certain standard of quality.
• Tennis Wizard similarly can’t and won’t be responsible for ensuring that information (including credentials) a Provider or Player provides about himself or herself is accurate or up to date. We don’t control the actions of any Provider or Player, and Providers aren’t our employees.
• Providers are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Tennis Wizard / COMPUMATRICE. Tennis Wizard does not offer the Expert Consulting/advisory Services and does not employ individuals to perform the Expert Consulting/advisory Services. You hereby acknowledge that Tennis Wizard does not supervise, direct, control or monitor the Expert Consulting/advisory Services and expressly disclaims any responsibility and liability for the Expert Consulting/advisory Services, including condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
• If there is a dispute between a Provider and a Player, including without limitation, relating to the payment of and/or the amount of Fees, you agree that Tennis Wizard’s under no obligation to become involved. In the event that you have a dispute with one or more Providers or Players, you release Tennis Wizard / COMPUMATRICE, its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Expert Consulting/advisory Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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 exercising the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Additional Terms Specific to Players
• In order to use Expert Consulting/advisory Services as a Player, you must be at least thirteen (13) years old, and by accessing and/or using Expert Consulting/advisory Services, you represent and warrant that you are at least thirteen (13) years of age. If you are under (18) years of age, you acknowledge and agree that we may send a notification to your parent or guardian at the parent/guardian contact information associated with your account in connection with each Expert Consulting/advisory Services you request or book.
Additional Terms Specific to Providers
• In order to be eligible to be a Provider for Expert Consulting/advisory Services, you must be at least sixteen (16) years old, and you must submit an application to Tennis Wizard / COMPUMATRICE for approval. You represent and warrant that all information you provide in your application and in response to any additional requests from Tennis Wizard is complete and accurate. Tennis Wizard reserves the right to reject any applicant in its sole discretion.
• As a Provider, you may receive Player requests for Expert Consulting/advisory Services, which may include basic information related to such requested Hitter Services, such as the name of the Player, the type of services requested (e.g., mental coaching), and/or the timeline requested. You may choose to accept requests for Expert Consulting/advisory Services that you are willing and able to fulfill. You may not accept requests you are not able to or do not intend to fulfill. You acknowledge and agree that once you have been accepted as an Expert Consulting/advisory Services, Tennis Wizard may provide certain information about you to the Player, including your name and certain contact information. As between Tennis Wizard and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the manner to perform each instance of the Expert Consulting/advisory Services, and (b) except for the Tennis Wizard platform, you shall provide all necessary materials, at your own expense, necessary to perform the Expert Consulting/advisory Services.
• No Hitter may collect any information, with the exception of contact information offered by the Player for the purpose of communication for scheduling a Expert Consulting/advisory Services, from or relating to Players (“Player Information”), whether via Expert Consulting/advisory Services, in the course of performing Expert Consulting/advisory Services, or otherwise, beyond what is necessary to perform the Expert Consulting/advisory Services for the applicable Player from or about whom such Player Information was collected. Providers also must not use any Player Information beyond what is necessary to perform the Expert Consulting/advisory Services for such applicable Player. Upon the conclusion of the Expert Consulting/advisory Services for a Player (or otherwise upon the request of such Player or Tennis Wizard / COMPUMATRICE), Providers must properly destroy all Player Information from or relating to such Player and make no further use of it whatsoever. Providers must collect, use, maintain, and transmit all Player Information in compliance with all applicable laws.
• As a Provider, you acknowledge and agree that: (a) after receiving Expert Consulting/advisory Services, a Player may be asked to provide a rating of you and such Expert Consulting/advisory Services and, optionally, to provide comments or feedback about you and such Expert Consulting/advisory Services, whether through the Tennis Wizard platform, mobile application, website or other means; and (b) after providing Expert Consulting/advisory Services, you may be asked to provide a rating of the Player and, optionally, to provide comments or feedback about the Player, whether through the Tennis Wizard platform or other means. You shall provide your ratings and feedback in good faith.
• Tennis Wizard reserves the right to use, share and display your and Player ratings and comments in any manner in connection with the business of Tennis Wizard without attribution to you or your approval. You acknowledge and agree that Tennis Wizard is a distributor (without any obligation to verify) and not publishers of your and Player ratings and comments, provided that Tennis Wizard reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Tennis Wizard’s content policies.
• Providers are required to use the Tennis Wizard platform to process the payment of Expert Consulting/advisory Services through their connected Stripe account.
• For each instance of Expert Consulting/advisory Services requested, received and/or completed, the Player may agree to pay the Provider a fee for the Hitter Services. The amount, payment schedule and all other matters relating to Expert Consulting/advisory Services Fees are solely between the Player and the Provider. Both Player and Provider acknowledge and agree that Tennis Wizard has no responsibility or liability relating to the Expert Consulting/advisory Services Fees. Player will indemnify and hold harmless Tennis Wizard from and against any claims relating to the Expert Consulting/advisory Services Fees, including without limitation, the failure to timely pay any Expert Consulting/advisory Services Fees.
• You acknowledge and agree that you are responsible between yourselves for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax in connection with the Expert Consulting/advisory Services.
• Termination of Expert Consulting/advisory Services
• We are also free to terminate (or suspend access to) your use of Expert Consulting/advisory Services for any reason in our discretion, including your breach of these Expert Consulting/advisory Services Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Expert Consulting/advisory Services Terms; for example, a Player who believes that a Provider may be in breach of these Expert Consulting/advisory Services Terms is not able to enforce these Expert Consulting/advisory Services Terms against that Provider (or vice versa). In addition, and notwithstanding anything else, we may terminate and/or deactivate your access to Expert Consulting/advisory Services immediately, with or without notice, in the event you no longer qualify, under applicable law or the standards and policies of Tennis Wizard / COMPUMATRICE, to provide or engage with the Expert Consulting/advisory Services.
• Provisions that, by their nature, should survive termination of these Expert Consulting/advisory Services Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.