Terms & Conditions of Use

NOTICE: Our Terms & Conditions of Use were updated on August 23, 2016, to clarify and add certain prohibited uses. Review “Prohibited Uses” in the updated Terms & Conditions of Use, below.

Last updated: August 23, 2016

Please read these terms and conditions of use (“Terms”) carefully before accessing or using JustPlaySolutions.com (the “Site”), the Just Play digital playbook, coaching tools, or learning system, or any other web application (collectively, the “Services”) provided or operated by Just Play Sports Solutions L.L.C. (“us”, “we”, or “our”). These Terms apply to each person who visits, accesses, or uses the Site or any of the Services.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site or any of the Services, (i) you agree to be bound by these Terms and (ii) you represent and warrant to us that you have the right, authority, and legal capacity to enter into these Terms and abide by them. If you disagree with any part of the Terms, you should not access or use the Site or the Services.

We may modify the Terms at any time in our sole discretion. Upon a modification, we will post the amended Terms to the Site with notice of the changes and/or otherwise notify you of the changes. By using the Site or any of the Services after the amended Terms have been posted to the Site, you agree to be bound by the amended Terms.

We may, at any time, in our sole discretion, (i) modify the Services, (ii) eliminate or discontinue any of the Services, (iii) terminate your access to the Services, without prior notice or liability, and (iv) decline access to the Services to any person for any reason.

Account Registration
To access the Services, an account, username, and password will be created for each user. By using the Services, (i) you represent to us that all account information submitted by you is truthful, accurate, and owned by (or licensed to) you, and (ii) you agree not to use the account, username, or password of any other person without such person’s express consent.

You are responsible for creating your password. We urge you to create a strong password with unique letters, numbers, and special characters. It is your sole responsibility to maintain the confidentiality of your password, control access to and use of your account, and notify us if you desire to cancel your account. You agree to notify us immediately if you suspect any unauthorized access to your password or account or other security breach. We are not responsible or liable for any loss or damage arising from your failure to comply with this or any other provision of the Terms.

We will never request your account password by email. If you receive an email or other correspondence requesting that you provide any sensitive information through email or a website that is not affiliated with the Site, or that otherwise seems suspicious to you, do not provide such information and report the request to us.

In the unlikely event that we believe that a security breach has occurred, we may seek to notify you of it by email. You consent to our use of email as a means of such notification.

User Content
We do not claim any ownership rights in the text, images, videos, or other files or materials that you create in or upload to the Services (“User Content”), except as provided in these Terms. You are solely responsible for any third party content in your User Content. You agree not to create in, upload to, or distribute through the Services any content if it would violate the intellectual property, privacy, publicity, contract, or other rights of any person or entity.

Our Content
All of the content available on or through the Site or the Services, other than User Content, is owned by us (or our licensors) and is protected, as applicable, by intellectual property laws and other proprietary rights. You acknowledge that the Site, the Services, and any underlying technology used in connection with the Site or the Services contain our proprietary information. By giving you permission to use the Site and the Services for personal, non-commercial purposes only, we do not transfer to you any intellectual property rights. We retain all rights in and to the Site and the Services that are not expressly granted by us to you under these Terms.

Prohibited Uses
You agree NOT to:

  • (i) use or distribute the Site or the Services, or otherwise make them available, in any manner that allows a third party to use, access, modify, extract information from, reproduce, reverse-engineer, disassemble, “frame”, or “mirror” the Site or any of the Services;
    (ii) use or distribute the Site, the Services, or any content (other than User Content) that is available on or through the Site or the Services for commercial purposes;
    (iii) make available to the general public the Services or any content (other than User Content) that is available on or through the Services;
  • (iv) sublicense, resell, lease, assign, gift, or otherwise transfer or distribute any of the Services or your rights under these Terms;
  • (v) use the Site or the Services in any manner that is harmful to our public image, goodwill, or reputation;
  • (vi) use the Site or the Services in any manner that infringes on our or any third party’s intellectual property, privacy, publicity, contract, or other rights;
  • (vii) upload to or distribute through the Site or any of the Services any virus or other malicious file, script, or program; and
  • (viii) use the Site or the Services in any manner that violates any applicable law or regulation.

By using any of the Services, you represent to us that your use of the Services does not violate any applicable law or regulation.

If you become aware of any misuse of the Site or the Services by any person, please contact us immediately at contact@justplaysolutions.com.

Indemnification
You agree to indemnify and hold us and our officers, employees, agents, and affiliates harmless from any loss (including reasonable attorneys’ fees), liability, or claim by any third party arising out of or related to (i) your access to or use of the Site or any of the Services and (ii) your violation of any provision of these Terms.

Disclaimer of Warranties
The Site and the Services are provided on an “as is” basis, without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose, except to the extent required by applicable law. You are solely responsible for determining the appropriateness of using the Site or any of the Services, and you assume all risks associated therewith, including the risk and cost of program errors, computer viruses, damage to or loss of data or programs, loss or interruption of access to the Services, and your compliance with applicable laws and regulations.

Limitation of Liability
In no event shall we be liable for any (i) direct damages in excess of the fee paid for your use of the Services; (ii) special, incidental, consequential, punitive, or exemplary damages, including loss of revenue, profits, or goodwill; (iii) loss or inaccuracy of data, loss or interruption of access to the Services, or the cost of procuring substitute services or technology; (iv) disclosure of confidential information if reasonable and practical measures were taken to protect such information; or (v) matter beyond our reasonable control; except, in each case, to the extent required by applicable law.

Privacy
You agree to the terms of our Privacy Policy, as amended or updated from time to time, a copy of which is posted on the Site.

Third Party Links
The Site and the Services may contain links to other websites. These links are provided for convenience only, and we do not endorse and are not responsible for the content or security of any such websites.

Miscellaneous Provisions
The Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the Site and the Services and supersede all previous agreements and understandings. This agreement shall be governed by and construed in accordance with the laws of the State of Kansas without regard to conflict of laws principals. If any provision of the Terms or the Privacy Policy is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to exercise any right or power under the Terms shall not constitute a waiver of such right or power or any other right or power under the Terms. We may assign this agreement at any time as part of a sale to, merger with, or other transfer of Just Play Sports Solutions L.L.C. to another person or entity. All provisions of the Terms that, by their nature, should survive termination of this agreement shall survive termination.

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

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