MOBILE APPLICATION TERMS AND CONDITIONS

By clicking the “I AGREE” button that follows these Mobile Application Terms and Conditions (these “Terms and Conditions”) or by otherwise accessing or using the ROSTERSPOT mobile application (“Application”), you are consenting to our Terms and Conditions.

OVERVIEW

All Registered Users (as defined below) and visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to ROSTERSPOT INC., a Florida corporation (“RosterSpot Inc.”). The services available on and through this Application (the “Services”) are provided by RosterSpot Inc. By accessing any portion of this Application shall be deemed a use of the Application and an acceptance of these Terms and Conditions provided herein.

These Terms and Conditions shall govern your use of the Services and the Application. By using this Application and the Services, you agree to be bound by these Terms and Conditions, whether you are a visitor, which means that you simply access the Application or any of its applications, or you are a user with a registered account (“Registered User”).

Information provided on the Application and related to our Services is subject to change. RosterSpot Inc. makes no representation or warranty that the information provided is accurate.

You agree to be bound to any changes to these Terms and Conditions when you use the Services or access the Application immediately after any modification to these Terms and Conditions has been posted. It is therefore important that you review these Terms and Conditions regularly to ensure you are updated as to any changes.

The term “User” refers to any visitor to the Application or Registered User, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and these Terms and Conditions. Please read these Terms and Conditions carefully and save it. If you do not agree with it, you should uninstall and leave the Application or any of its applications and discontinue use of the Services immediately. If you wish to become a Registered User, communicate with other Users, and make full use of the Services, you must read these Terms and Conditions and indicate your acceptance during the registration process.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MAY NOT ACCESS THE APPLICATION OR USE THE SERVICES AND YOU SHOULD UNINSTALL THE APPLICATION.

APP AND RELATED TERMS

Depending on the version of the Application you have downloaded, these Terms and Conditions incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these Terms and Conditions and the Platform Terms then these Terms and Conditions will prevail.

We may from time to time vary these Terms and Conditions. Please check these Terms and Conditions regularly to ensure you are aware of any variations made by us. If you continue to use this Application, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the Application.

USER ELIGIBILITY

Use of Services is void where prohibited. By using the Services, you represent to us that (a) any registration information that you submit is truthful, accurate and otherwise owned by (or licensed to) you; (b) your use of the Services does not violate any applicable law or regulation; and (c) you are a resident of the United States.

INTERNATIONAL USERS

The Services and the Application are controlled, operated and administered by RosterSpot Inc. from our offices within the United States. If you access the Services and/or the Application from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Application in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INTENDED FOR USERS 18 YEARS OF AGE AND OLDER

If any of the User Content on the Application and/or Services features a child of User under the age of eighteen (18), User is deemed to have consented to the Content License on such child’s behalf and the foregoing representations with regard to such Content, and such child shall also be deemed to be a User for purposes of these Terms and Conditions. If you are under eighteen (18) years of age, you further warrant and represent that you either: (i) are an emancipated minor, or (ii) possess legal parental or guardian consent to enter into (and be bound by) these Terms and Conditions and use the Application and Services.

REGISTRATION

Access to certain functionalities of the Application will require you to register with and/or provide certain information to us. RosterSpot Inc. reserves the right to refuse access to the Application or provide Services to any person for any or no reason. When you sign up to become a Registered User with a registered account (“Account”), you will be asked to create a unique username and password to access the Services and to receive message from RosterSpot Inc. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all uses of your Account. RosterSpot Inc. will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, password and/or Account.

In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated by reference into these Terms and Conditions.

LICENSE AND RESTRICTIONS

RosterSpot Inc. grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use the Application, Content and Services only in the manner presented by RosterSpot Inc., and (b) access and use the RosterSpot Inc. computer and network services offered within the Application (the “RosterSpot Inc. Systems”) only in the manner expressly permitted by RosterSpot Inc. Except for this limited license, RosterSpot Inc. does not convey any interest in or to the RosterSpot Inc. Systems, information or data available via the RosterSpot Inc. Systems (the “Information”), Content, Services, Application or any other RosterSpot Inc. property by permitting You to access the Application. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of RosterSpot Inc. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by RosterSpot Inc.

You may print portions of the Application in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Application.; provided, that (a) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you must provide attribution to RosterSpot Inc., and provide a reference to the Application, (c) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (d) any such copies are subject to the terms and conditions of these Terms and Conditions and remain the property of RosterSpot Inc., and (e) you agree to advise any person with whom you share the materials as to these Terms and Conditions and they must agree to abide by these Terms and Conditions.

RULES; NO UNLAWFUL OR PROHIBITED USE

Your permission to use the Application and Services is conditioned upon the following use, posting and conduct restrictions:

(a) You agree that you will not under any circumstances:

  • collect or harvest any personal data of any User of the Application or the Services;
  • sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose other than through the Services or the Application (unauthorized use of the Services for any other purpose is prohibited);
  • decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Application or the Services;
  • use any network monitoring or discovery software to determine the Application architecture, or extract information about usage or users;
  • use any robot, spider, other automatic device, or manual process to monitor or copy our Application or its content without our prior written permission;
  • use the Application or Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • distribute any part or parts of the Application or Services without our explicit written permission (we grant public search engines permission to use spiders to copy materials form the Application for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  • use the Services for criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
  • attempt to, or harass, abuse or harm another person or group;
  • use another User’s Account without permission;
  • intentionally allow another User to access your Account;
  • provide false or inaccurate information when registering an Account;
  • interfere or attempt to interfere with the proper functioning of the Application or Services;
  • make any automated use of the Application, the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass nay robot exclusion headers or other measures we take to restrict access to the Services, or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
  • advertise to, or solicit, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, RosterSpot Inc. reserves the right to restrict the number of emails that a User may send to other Users;
  • circumvent, disable or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of content, enforce limitations on use of the Services or the content accessible via the Services; or

(b) You agree not to use the Services or the Application to take any action(s) that, (and your continued use of the Application and Services are conditioned on not taking any action(s) that):

  • are patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • are contrary to RosterSpot Inc.’s public image, goodwill, or reputation;
  • infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  • “frame” or “mirror” any part of the Application without our prior written authorization;
  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of RosterSpot Inc. or its licensors or suppliers;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Application’s servers or any data not intended for you.
You agree not to attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Application is at your own risk. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of RosterSpot Inc. or others.

If you become aware of misuse of the Services by any person, please contact RosterSpot Inc. at legal@RosterSpot.com.

USER CONTENT

Except as otherwise expressly provided in these Terms and Conditions, RosterSpot Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to, upload to, link to or otherwise make available via the Application and/or through the Services (“User Generated Content”). After posting or uploading your User Generated Content to the Application and/or through the Services, you continue to retain all your ownership rights in such User Generated Content except as set forth in in these Terms and Conditions. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Generated Content.

You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Application and through the Services. We reserve the right to remove such Content, your User Generated Content and/or any other content in our sole and absolute discretion.

The Application and/or Services may contain Content, under license to RosterSpot Inc. from one or more third parties, in which you are featured and/or visible or which includes your name, sobriquet, professional name, image, likenesses, other identifications, and biographical material (“User Featured Content” and together, with User Generated Content, “User Content”).

We grant you permission to use and access the Application and the Services, subject to the express conditions surrounding User Content contained herein. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms and Conditions. By transmitting and submitting any User Content while using the Services, you agree as follows:

  • You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
  • You will not post information that is malicious, libelous, false or inaccurate;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms and Conditions, remove any and/or all of your submissions, and terminate your Account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. The Application does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services or with other Users.

You hereby grant to us and our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the “RosterSpot Entities”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, publicly display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Application or any related or affiliated sites, on third party web sites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Content License”). You appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in these Terms and Conditions.

You represent and warrant to us that:
  • (i) you own the User Generated Content or otherwise have the legal right to post or transmit the User Generated Content in accordance with the terms of these Terms and Conditions;
  • (ii) the posting or other transmission of the User Generated Content on or through the Services or Application or otherwise by RosterSpot Inc. or the RosterSpot Entities does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity;
  • (iii) without limiting these Terms and Conditions, you have provided your consent to the use of User Featured Content to your school and/or applicable athletic organization from which RosterSpot Inc. has obtained, directly or indirectly, such User Feature Content;
  • (iv) you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of these Terms and Conditions or the use or enjoyment by us of any of the rights herein granted You have secured and will maintain all rights necessary for us to use and enjoy the rights herein granted. You have not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to us; and
  • (v) To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or the RosterSpot Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.

Your use of others’ content and information posted on our Application is at your own risk. Others may offer their own products and services through our Application. RosterSpot Inc. is not responsible for those third-party activities.

By using the Services, you may be exposed to content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. RosterSpot Inc. generally does not review content provided by our Users or others. RosterSpot Inc. will not be responsible for others’ (including other Users’) content or information. RosterSpot Inc. cannot always prevent this misuse of our Services or the Application, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others.

You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services and/or Application. If you permit a third-party app or site to authenticate you or connect with your Account, that app or site can access information on the Application about you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in violation of these Terms and Conditions. Except to the limited extent it may be required by applicable law, RosterSpot Inc. is not responsible for other sites and apps. Use other sites and apps at your own risk. Please see the RosterSpot Inc. Privacy Policy.

INFRINGING CONTENT; DIGITAL MILLENNIUM COPYRIGHT ACT

We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User’s access privileges in the event of repeat infringement by a User.

DMCA Take-Down Notices: If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • (i) the date of your notification;
  • (ii) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person whose rights have been violated;
  • (iii) a description of the copyrighted work that you claim has been infringed or the particular rights violated;
  • (iv) if applicable, a description of where the material that you claim is infringing is located on the Application;
  • (v) your address, telephone number, and email address;
  • (vi) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; and
  • (vii) a statement by you, made under penalty of perjury, that the above information in your notice is accurate.

Our designated representative (“Copyright Agent”) to receive notifications of claimed infringement is Tim Rothenberger, who may be contacted by email at trothenberger@rosterspot.com or by mail at 7025 County Road 46A, Suite 1071, No. 362, Lake Mary, Florida 32746-4753.

Counter-Notices: If you believe that your User 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 the material in your User Content, you may send a counter-notice pursuant to the DMCA containing the following information to the Copyright Agent:

  • (i) your physical or electronic signature;
  • (ii) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  • (iii) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  • (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Middle District of Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, RosterSpot Inc. may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, at our sole discretion.

ROSTERSPOT INC. INTELLECTUAL PROPERTY

The Application and the Services, as well as certain Content available therein (together, “RosterSpot Inc. Intellectual Property”), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and RosterSpot Inc. owns and retains all such rights in the RosterSpot Inc. Intellectual Property.

Without limiting the foregoing, RosterSpot Inc., RosterSpot, the RosterSpot logo, are trademarks of RosterSpot Inc., protected under international law, the laws of the United States and other countries. Other products and other parties’ trademarks used, depicted or identified on this Application are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Application of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply RosterSpot Inc.’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of RosterSpot Inc. and their products or services. We reserve all rights that are not expressly granted to you under these Terms and Conditions.

AUTOMATED PROCESSING

We use data and information about you to improve user experience. The information and data that you provide may be made available to the public including, without limitation, recruits or recruiters. Keeping your profile up-to-date ensures accuracy and reliability and helps us to improve your user experience.

PRIVACY

You agree to be bound by, and your use of the Services and/or the Application is subject to, the terms of the RosterSpot Inc. Privacy Policy, as it may be updated from time to time, a copy of which is posted on the Application.

LINKS

The Application contains links to web sites not operated or maintained by RosterSpot Inc. These links are provided solely as a convenience to you and not as an endorsement by RosterSpot Inc. of the contents of such third party web sites. RosterSpot Inc. is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against RosterSpot Inc. regarding the inclusion of links to outside web sites or your use of those web sites.

TERMINATION OF USE; SUSPENSION; DISCONTINUATION

RosterSpot Inc. may, in its sole discretion, terminate your use of the Application at any time. RosterSpot Inc. reserves the right to change, suspend or discontinue all or any aspects of the Application at any time without prior notice. RosterSpot Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Application or Services at any time, for any or no reason, with or without prior notice, and without liability.

WARRANTY DISCLAIMER

THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ROSTERSPOT INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ROSTERSPOT INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. ROSTERSPOT INC. DOES NOT WARRANT THAT THE APPLICATION OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS APPLICATION AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE APPLICATION OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ROSTERSPOT INC. IS NOT RESPONSIBLE FOR THOSE COSTS.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ROSTERSPOT INC. NOR THE ROSTERSPOT ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS APPLICATION AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ROSTERSPOT INC. NOR THE ROSTERSPOT ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS APPLICATION AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY

IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless RosterSpot Inc., the RosterSpot Entities, their affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, your use of the Application, including, but not limited to, any use of the Application’s content, services and products other than as expressly authorized in these Terms and Conditions, your use of any information obtained from the Application, or your use of the Services which causes RosterSpot Inc. to be liable to another third party or User.

GOVERNING LAW AND JURISDICTION

All matters relating to the Application and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Orange County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the foregoing, however, RosterSpot Inc. shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

NCAA REGULATIONS

You are advised that neither this Application nor RosterSpot Inc. is in any way affiliated with or sponsored by the National Collegiate Athletic Association (the “NCAA”). Each User of the Application is responsible for such User’s activities relating to the use of the Services. You are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “NCAA Regulations”). RosterSpot Inc. does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations). You acknowledge and agree that RosterSpot Inc. shall not responsible if you do not comply with NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Services and/or the Application. If you violate any of the NCAA Regulations, RosterSpot Inc. may at its sole discretion take measures RosterSpot Inc. deems necessary including, without limitation, termination of your access to and use of the Application.

RosterSpot Inc. reserves all rights to report your conduct to the NCAA, the authorities, and such other organizations and entities RosterSpot Inc. determines, in its sole discretion, to be necessary.

GENERAL

If any provision of these Terms and Conditions is found unenforceable, wherever possible this will not affect any other provision and each will remain in full force and effect. RosterSpot Inc.’s failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision. RosterSpot Inc. may assign, transfer, or delegate these Terms and Conditions or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion. Communications made through the Application’s email and messaging system will not constitute legal notice to the Application and/or RosterSpot Inc., or any of its officers, directors, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

NOTICE FOR CALIFORNIA USERS

Pursuant to California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THE TERMS AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY AT [LINK-----] REPRESENT THE COMPLETE EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AN ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUJBECT MATTER OF THESE TERMS AND CONDITIONS.
Updated January 18, 2019