"Account" means the account a person registers for to become a Member with Sport Source to use the Platform, Application or Services.
“Act” has the meaning set forth in Section 17.
“Allowed Duration” has the meaning set forth in Section 12.
“Ambassador Program” means the ambassador program established by Sport Source, if any.
“Application” means any applications for mobile and other smart devices and application program interfaces through which Sport Source provides services, if any.
“Booking Request Period” means the time period after Users books a Sport Space through the Platform or Application, and before Hosts confirms or rejects such Booking.
“Booking” or “Rental” means a limited license granted by the Hosts to the Users to use the Sport Space for the limited duration of the Booking.
“Claims” has the meaning set forth in Section 25.
“Collective Content” means Member Content and Sport Source Content.
“Communication” means an email, message via the Application, and text message or message among Users, Hosts and Sport Source.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Damage Claim” has the meaning set forth in Section 11.
“Force Majeure” has the meaning set forth in Section 23.
“Host Fee” means the fee Sport Source charges a Hosts for use of the Services, which is calculated as a percentage of the applicable Sport Space Fee.
“Host” means a Member who creates a Listing and rents its Sport Space through the Platform.
“Listing” means a Sport Space that is listed by a Hosts as available for Booking via the Platform.
“Login Information” has the meaning set forth in Section 4.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Sport Source promotional campaign to be made available through the Platform.
“Member” means a person who completes Sport Source’s account registration process, including but not limited to Hosts and Users, as described in Section 3.
“Occupancy Tax” has the meaning set forth in Section 16.
“Payment Method” means a payment method that you have added to your Sport Source Account, for instance, a credit card, debit card or PayPal.
“Payout Method” means a payout method that you added to your Sport Source Account, for example, PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
“Platform” means an online platform hosted by Sport Source to connect Hosts to Users and the related Application and Services.
“Service Fees” means, collectively, the User Fee and the Hosts Fees plus any third-party charges associated with collection of payment.
“Services” means the services Sport Source makes available through its Platform for Hosts to list Sport Spaces and for Users to book such Sport Spaces.
“Site” means www.sportsource.com and any other website through which Sport Source makes its Services available.
“Sport Source Content” means all content that Sport Source makes available through the Platform or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Sport Space Fee” means the amounts due by User to Sport Source in exchange for use of a Sport Space, exclusive of Service Fees and Taxes as may be assessed by Hosts.
“Sport Space” means the physical location and outlying areas (i.e. backyard) booked for a specified duration as specified by the Booking and as agreed upon by the Parties.
“Sport Source” shall mean Sport Source, Inc., a Delaware corporation, and its online Platform that connects Hosts with Users. Sport Source, each Host and each User are individually referred to as a “Party” and, collectively, as the “Parties.”
“Tax Authority” has the meaning set forth in Section 16.
“Tax” or “Taxes” means any sales, value added taxes (VAT), goods and services taxes (GST), transient occupancy, tourist or other visitor taxes, Sport Space or lodging taxes, fees Hosts may be required by law to collect and remit to governmental agencies, other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes, or any other tax that is required to be or permitted to be collected by applicable law.
“Total Fees” means, collectively, the Sport Space Fee plus Service Fees (inclusive of User Fee and Host Fee) and Taxes.
“User Fee” means the fee that Sport Source charges a User for the use of the Services, which is calculated as a percentage of the applicable Sport Space Fee.
“User” means a Member that rents or books a Listing via the Platform and uses the Sport Space according to the agreement governing the Booking.
“You” or “your” means you as a Member, unless otherwise specified. The Terms may apply to you as a User and Member or Users and Hosts collectively.
These Terms govern your access or use of the Platform, including but not limited to payment procedures, Collective Content, and the Ambassador Program. The Platform allows Hosts to create Listings for Sport Spaces and Users may learn about and book Sport Spaces directly with Hosts. Sport Source is not a party to, in whole or in part, of any agreement entered into between hosts and users, nor is sport source an insurer. Sport Source has no control over the conduct of hosts, users and other users of the site, application or services or any sport space, and disclaims all liability in this regard to the maximum extent permitted by law.
Who We Are: Sport Source is an online marketplace that enables Hosts to list their Sport Spaces for Booking and to communicate directly with potential Users who wish to use those Bookings and to ultimately facilitate transactions whereby Users pay for and use the Host’s Sport Space.
Modifications: Sport Source reserves the right, in its sole discretion, to modify the Terms or Platform at any time and without prior notice. If Sport Source materially changes or modifies these Terms, it will post the modification on the Platform and/or provide you notice of the modification by email, text message, or in app messaging. The date the Terms were last updated will be shown on the Platform. Changes to the Terms will be effective at the time of posting. If you disagree with such updated Terms, you may terminate your Account. If you do not terminate your Account, your continued access or use of the Platform will constitute acceptance of the modified Terms.
No Waiver: Sport Source, in its sole discretion, may determine whether to prosecute a right or claim, and failing to do so is not a waiver of its right, or of any subsequently accruing right or claim.
Host Duties: Hosts are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their listings. For example, some cities may restrict sport space hosts from renting for short periods of time, hosts may be required to register or obtain a permit or license before listing a property or accepting users. Local laws and enforcement vary from city to city; penalties may include fines or other enforcement. If you have questions about the applicability of local laws to your Listing, you should seek legal guidance. Sport Source takes no official position on such legal requirements, said duty lies solely with the members. With the exception of Sport Source’s obligations pursuant to these Terms, Sport Source disclaims all liability and responsibility arising from or related to any Member agreements.
Member Minimum Age: Members must be at least eighteen (18) years old to register for an account, post a Listing, or use the Platform without adult supervision. By accessing the Platform, you represent that you are at least eighteen (18) years old. Please report immediately if you are aware of Members under eighteen (18), any such Member will be removed immediately. Sport Source cannot take accountability for the Member’s misuse of Sport Source. To book a listing that would include a minor who is under eighteen (18), you represent that you have the authority to do so.
Alcohol: Hosts shall take adequate measures to confirm the identification and age of those wishing to drink during any event taking place in the Sport Space. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor. NO INDIVIDUAL UNDER THE AGE of TWENTY-ONE (21) MAY CONSUME ALCOHOL AT A BOOKING.
Sharing Personal Information for Reports: You as a Member agree and authorize Sport Source to facilitate the use of your personal information for the purpose of obtaining third party reports, as permitted by law. To the extent permitted by applicable laws, Sport Source may use your personal information to obtain reports from public records of criminal convictions or sex offenders or any other information that can potentially harm anyone associated with Sport Source Bookings. Sport Source may, directly or indirectly through third parties, make inquiries to verify your identity to prevent fraud.
3. Account Registration
In order to access certain features of the Platform and Application and to book a Sport Space or create a Listing, you must register for an Account and become a Member. You may register directly via the Platform, or in any other manner described by Sport Source now or in the future.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Information Required: You may be required to submit personal information such as full name, date of birth, address, and other information to create an Account with Sport Source for the purpose of verification and safety of the Platform. You may not create or use more than one Account at a time. You agree that the information you provide us is accurate, current, and complete at all times. Sport Source reserves the right to suspend or terminate your Account and your access to the Platform if you create more than one Account, or if any information provided proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
4. Protection of Login Information
You are responsible for safeguarding your password, user ID or any other form of verification (“Login Information”). Login Information includes all third-party login credentials linked to our Platform (i.e. Apple, Google). You agree that you will not disclose your Login Information to any third party and will take reasonable steps to ensure its security. Unless expressly authorized, you are not permitted to share your Account. You agree that you will take sole responsibility for any activities or actions taken under your Account, whether you authorized such activities or actions. You will immediately notify Sport Source of any unauthorized use of your Account. Should you share such information with third-parties you are responsible for all consequences and Sport Source reserves the right to take any action to remedy the effects.
5. Proprietary Data And Communication
Sport Source Communication with Users: Sport Source will not communicate with you via any method unless you consent to such form of Communication. Any feedback you submit to us will be considered non-confidential and non-proprietary to you.
Sport Source Use of Member Content: By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. Sport Source may utilize any Member Content posted for any purpose. By posting Member Content, you grant Sport Source a worldwide, irrevocable, perpetual. non-exclusive, transferable, royalty-free license. You also grant Sport Source the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, perform, transmit, stream, broadcast, access, view, and otherwise exploit such content, on or through the Platform. Please do not add personal information of you or someone else to your Member Content.
You Represent You Own The Data You Post:
We do not own any data, information or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
License to Application: In the event an Application becomes available, Sport Source grants you a limited non-exclusive, non-transferable license to download and install the Application to your devices for personal use. If you access or download the Application from a third-party application store (e.g. the Apple App Store or Google Play), you agree to review such application store’s end user agreement in detail. Sport Source is not a party to and does not control any aspect of such application store’s end user agreement.
Google Maps: Some parts of the Platform may use Google Maps, your use of such services is subject to the Google Maps terms.
6. Third Party Platforms
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, Sport Source, Inc will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
7. Sport Space Listings
Listing Requirements: As a Member, you may create Listings for the respective Sport Space in accordance with these Terms. Nothing in the Agreement or in the Listing may be in contravention of anything in these Terms. Listings must include a valid physical address for feature on the Sport Source site and application. Listings will be made public via the Platform. It is your duty to disclose all deficiencies or inaccuracies related to your listing(s).
Sport Source Imposed Requirements: Sport Source reserves the right to impose any and all requirements it deems fit with regard to such listings including, but not limited to, minimum or maximum durations, minimum times between listings, and minimum pricing.
You are Responsible for Listings: You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing or Member Content you post, including but not limited to photographs, will be an accurate description of the Sport Space.
You represent and warrant that any Listing you post and the Booking of, or a User’s use of, a Sport Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as a homeowners association, condominium association, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any facility included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Listing Price: Hosts shall set the Sport Space Fee for the Listing, and elect in his or her sole discretion whether to include (i) a cleaning fee; (ii) Taxes the Hosts determines that he or she has to collect pursuant to local law; or (iii) any other fee permitted according to these Terms. All payments will be charged and made in U.S. dollars.
User Booking Request: Other Members will be able to book your Sport Space through the Platform based upon the information provided in your Listing, your requirements, and Users’ search parameters and preferences. You understand and agree that once you approve a User’s requests to book your Sport Space, you may not request the Users to pay a higher price than in the original Booking request. Such activity may result in Sport Source taking account action against Hosts, up to and including removal from the Platform. Hosts may not list their Sport Space for rent in any other location.
Responsibility for other Users or Co-Owners: You as a User or Host are responsible for any and all modifications to a Booking that you direct Sport Source to make. You agree to pay any sees, user fees, host fees, services fees, and/or taxes associated with such modifications.
Sport Source Listing Rankings: The placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, party preferences, ratings and/or the ease of the Booking process. Hosts agree that by listing their Sport Space they will not list it elsewhere.
Hosts Should Obtain Insurance: Sport Source is not an insurer. Sport Source recommends that Hosts obtain appropriate insurance for their Sport Spaces. Please review relevant insurance policies for your Sport Space carefully, and ensure that you are familiar with and understand exclusions and applicable deductibles that apply to such insurance policies; including, but not limited to, whether your insurance policy will cover the actions or inactions of or relating to Users (and the individuals the User invites to the Sport Space, if applicable) while at your Sport Space.
Sport Source is not an Insurer: As a Host, you understand and agree that Sport Source does not act as an insurer. If a User requests a Booking of your Sport Space and uses your Sport Space, any agreement you enter into is between you and the User. It is the responsibility of the User to ask the Hosts about insurance.
Sport Source Can Make a Claim under your Insurance: If you are a Member, you understand and agree that Sport Source may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Sport Space or any personal or other property located at a Sport Space. You agree to cooperate with and assist Sport Source in good faith during that process and inquiry. You also agree to provide Sport Source with information as may be reasonably requested in order to make policy claims. These information requests include but are not limited to, executing documents and taking such further acts as Sport Source may reasonably request.
9. Booking And Financial Terms
Payment Method: You authorize Sport Source to store your payment/payment method information and to charge your Payment Method as outlined in these Terms. It is the duty of Members to carefully analyze all the practices of chosen payment provider, Sport Source takes no official position in this matter. If your Payment Method’s account information changes (e.g. account number(s), routing number(s), expiration date(s)), you consent to Sport Source acquiring such information from Sport Source’s financial services partner or your bank and solely for the purpose of updating your Payment Method on file in your Sport Source Account. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider. We recommend that you review those separate terms.
Payment Information: In connection with your requested Booking, you will be asked to provide typical billing information such as name, billing address and payment method information either to Sport Source or a third-party payment processor(s). You agree to pay Sport Source for confirmed Bookings made in connection with your Sport Source account in accordance with these Terms by a method supported by the Platform (e.g. credit or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by Sport Source or indirectly, via a third-party payment processor, or by one of the payment methods described on the Platform. You also authorize Sport Source to charge any Payment Method on file in your Sport Source Account if damage is caused at a Sport Space in accordance with these Terms.
Sport Source Right to Set-off or Payment Disbursement: Sport Source reserves the right to set-off any amounts owed to you by Sport Source with any amounts you may owe Sport Source. For example, if you as a Host are owed a Sport Space fee from Sport Source, and concurrently owe Sport Source an overage fee, Sport Source may set-off the amounts against each other. Similarly, if you as a User have booked a Sport Space and are entitled to a refund for a separate cancelled Booking, Sport Source may set-off the amounts against each other. Both Sport Source and you as either a User or Host, will be relieved of your obligation with respect to setoff amounts following such a setoff. Sport Source will initiate payment of Sport Space Fee less the Service Fees and Taxes to the Host within seven (7) business days after the date of the Booking, subject to any delays not within Sport Source’s control. If Sport Source is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, Sport Source may engage in collection efforts to recover such amounts from you.
Sport Source Price Discretion: Sport Source may increase or discount a Host’s Listing price or a User’s Booking cost in any matter it deems appropriate, including but not limited to providing promotional codes to Users.
Hosts Process: If you are a Host and a Booking is requested for your Sport Space via the Platform, you will be required to confirm or reject that Booking request within the booking request period, otherwise the request will automatically expire and any collected fees will be returned to the User. When you confirm a Booking requested by a User, Sport Source will send you a confirmation message, depending on the selections you make via the Platform.
The Host shall set the Sport Space Fee for the Listing and elect whether to include cleaning fees; Taxes the Host determines that he or she has to collect pursuant to local law, or any other fee permitted according to these Terms.
User Responsibility: Hosts, not Sport Source, are solely responsible for honoring confirmed Bookings and making available any Sport Space reserved through the Platform. If a User chooses to enter a transaction with a Host for a Booking, you agree and understand that you will be required to enter an agreement with the Host and accept any terms, conditions, rules and restrictions imposed by that Host. You acknowledge and agree that you, and not Sport Source, will be responsible for performing the obligations of those agreements.
User Payments: You as a User agree that Sport Source may charge your Payment Method the Total Fees for any Booking requested in connection with your Sport Source Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that Sport Source, on behalf of the Hosts, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees and/or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1.00), to verify your Payment Method.
User Payment Schedule: Depending on your chosen Payment Method, Sport Source will either collect the Total Fees (i) at the time of the Booking request or (ii) upon the Host’s confirmation. Generally, Sport Source will collect the Total Fees due once Sport Source receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method, Sport Source will collect Total Fees at the time of your Booking request. If Sport Source is unable to collect Total Fees in the ordinary course, it may elect to collect Total Fees at a later time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.
These are terms and conditions that commonly apply to promotions on the Site, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
This is a limited time offer.
- Sport Source reserves the right to modify or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- offer limited to one per customer and account.
- offer may not be combined with other offers.
- offer is non-transferrable and may not be resold.
- If the booking is refunded, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
- offer discount will be allocated proportionally among all promotional items in your order.
- If you violate any of the offer terms, the offer will be invalid.
Service Fees or charges may include collection fees, convenience fees, other third-party charges or any other fee that may be needed to address your account and is permitted by law. Where applicable, Sport Source may also charge Taxes relating to the Host Fee and User Fee. Sport Source deducts the Host Fee from the Sport Space Fee before remitting the balance to the Host.
Balances will be remitted by Sport Source to Host via the Payout Method selected by the Host in the Host’s currency of choice, depending on the selections the Host makes via the Platform. Sport Source may, in its sole discretion, round up or round down amounts payable from or to Users and Hosts to the nearest whole dollar (i.e. $101.50 to $102.00, or $101.49 to $101.00).
Duty for Damages and Lost Objects: You as a User are responsible for leaving the Sport Space (including any personal or other property located in the Sport Space) in the condition it was in when you arrived. You are also responsible for all items you bring with you to the Sport Space and should you leave such items at the Sport Space, the Host can elect to return them, however, it is not his or her duty to do so.
User’s Liability: You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and the acts and omissions of any individuals you invite or otherwise provide access to, the Sport Space.
Damage Payment Process: If a Host claims and provides evidence of damage to its Sport Space (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacement. Such cost may be collected from the Payment Method used to book the Sport Space, or any other Payment Method on file at the time of the Damage Claim. Sport Source reserves the right to collect payment from you and pursue any options available if it is unable to collect from the Payment Method.
Incident Reporting: You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Sport Source or insurance-related parties with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Sport Source, or third-party insurers. After an incident, you may not continue to use the Sport Space unless you have the explicit permission of Sport Source.
Host Remedies: If Hosts have a Damage Claim for a confirmed Booking, the Host may seek payment from the User through Sport Source. The Hosts may escalate the Damage Claim to Sport Source if the Host and User are unable to resolve a Damage Claim. If escalating the Damage Claim to Sport Source, the Host must send evidence of the damage to Sport Source. If a Host escalates a Damage Claim to Sport Source, you as a User will be notified of the Damage Claim and be given an opportunity to respond. If you as a User agree to pay the Host in connection with a Damage Claim, or if Sport Source determines, in its sole discretion, that you are responsible for damaging a Sport Space or amenity thereof or any personal or other property located at a Sport Space, Sport Source will collect any such costs from you from the Payment Method in accordance with the Payments Terms. Sport Source also reserves the right to otherwise collect payment from you and pursue any avenues available to Sport Source in this regard, in situations in which you have been determined, in Sport Source sole discretion, to have damaged any Sport Space or any personal or other property located at a Sport Space.
Member Cooperation: Members agree to cooperate with and assist Sport Source in good faith and to provide Sport Source with such information as well as to take such actions as may be reasonably requested by Sport Source, in connection with any Damage Claims or other complaints or claims made by Members relating to Sport Spaces or any personal or other property located at a Sport Space or with respect to any investigation undertaken by Sport Source or a representative of Sport Source regarding use or abuse of the Platform. You as a User, upon Sport Source reasonable request and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Hosts, at no cost to you, which process will be conducted by Sport Source or a third party selected by Sport Source or its insurer, with respect to losses for which the Host is requesting payment from Sport Source under these Terms.
12. Overstaying Or Usage Without Consent
You as a Host agree to make the Sport Space available for the duration agreed upon either (i) at the time of Booking, or (ii) such other time as mutually agreed upon by you and the User (“Allowed Duration”). If you fail to do so, you shall be subject to a charge of at least fifty percent (50%) of the total reservation amount for every half hour increment for which the Sport Space is unavailable for the duration of the Booking, to be deducted from amounts owed to you by Sport Source for the Booking. Sport Source reserves the right to take whatever action it deems necessary in its sole discretion to address these kinds of actions on its Platform.
You as a User agree that your confirmed Booking grants you a limited license to enter and use the Sport Space for the Allowed Duration. If you exceed the Allowed Duration, without the Host’s consent, you agree that the Host or Sport Source may charge you a rate of at least fifty percent (50%) of the total reservation amount for every half hour increment exceeding the Allowed Duration and Host may set out other fees in their independent agreement. This amount shall be to compensate the Hosts for any inconvenience. Sport Source is authorized to collect fees pursuant to this Section from the User’s Payment Methods.
You as a User agree that you are responsible for any individuals whom you invite to, or otherwise provide access to, the Sport Space, and as such, if you invite or provide access to more persons than agreed upon between you and the Host or otherwise permitted by the Host, you will be subject to a twenty-five dollar ($25.00) fee per person per hour in excess of the agreed upon number of persons and/or be subject to suspension or removal from the Platform.
13. Cancellations And Refunds
During the beta period, hosts may cancel a confirmed Booking made via the Platform at any time. Sport Source will refund the Total Fees for such Booking to the applicable User.
If as a User you wish to cancel a confirmed Booking, you may do so on the Platform until 72 hours prior to the booking.
Cancellations Generally: In certain circumstances, Sport Source may decide, in its sole discretion, that it is necessary to cancel a confirmed Booking made via the Platform. This may be for reasons set forth on the Platform or for any other reason as deemed fit in Sport Source’s sole discretion. Sport Source may also forgo a cancellation fee from the Host or refund to the User part or in full for amounts charged to the User. You agree that Sport Source will not have any liability for such cancellations or refunds. If Users or Hosts have medical circumstances which prevent them from taking the reservation with medical evidence, the party shall not be financially responsible. You must submit all cancellations through the Platform. Your cancellation of a Listing is not effective unless and until you have requested the cancellation through your Sport Source account. You acknowledge and agree that, except as set forth in these Terms, any and all Fees (as defined herein) are one hundred percent (100%) non-cancellable and non-refundable. You may only cancel one Booking in any three (3) month period. If you cancel any Booking, your calendar will stay blocked for the cancelled Booking and you will not be able to accept another reservation for the same date of the canceled reservation.
In certain circumstances, such as rain or other adverse weather conditions, Sport Source may decide, in its sole discretion, that it is necessary or desirable to postpone a confirmed Booking made via the Platform. In the event of such adverse weather conditions, Sport Source will allow the Host to accommodate the reservation at a different date, within a one (1) week time frame from the initial booking date. Sport Source will allow the Host to cancel the reservation due to adverse weather conditions, and the reservation price, minus the ten percent (10%) service fee per booking.
Sport Source reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Sport Source considers to be objectionable for any reason, in violation of these terms or Sport Source’s policies (current at that time), or otherwise harmful to the platform, application or services.
14. Member Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform and Collective Content, you agree that you will follow the policies set forth in this Section 14, as further described below.
You shall comply with any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.
Member agrees not to violate these Terms or Sport Source’s then-current policies and community guidelines or standards, if any exist. Sport Source will not tolerate any discriminatory actions taken by guests and hosts. Sport Source complies with all anti-discrimination laws. We explicitly prohibit offensive behavior (e.g. derogatory comments towards members of a specific gender or ethnicity).
Discrimination is any negative action or attitude directed toward someone because of protected characteristics, like race and gender. Other protected characteristics are:
- Ethnicity/ nationality
- Disability/ medical history
- Marriage / civil partnership
- Pregnancy / maternity/ paternity
- Gender identity/ sexual orientation
- Different backgrounds
Any discrimination against a Member can result in applicable consequences up to and including removal from the Platform and potential civil or criminal penalties. We will not be lenient in cases of assault, sexual harassment or violence, whether the harassment is psychological or physical. We have a zero-tolerance policy concerning discrimination and harassment.
What to do in cases of discrimination
If you are the victim of discriminatory behavior (or if you suspect that others are being discriminated against) please contact us as soon as possible. Punishment for discriminatory behavior depends on the severity of the offense. For example, inadvertently offending someone might warrant admonition. Willfully bypassing a User because of a protected characteristic will result in termination from the Platform.
Sport Source is proactive and responsive about determining whether discrimination occurs. We will investigate all claims discreetly. We will never disclose who made a complaint to anyone or give out information that may help others identify that person. If you have any ideas on how we can ensure fairness and equality in our workplace, we appreciate your feedback.
If you feel that any Member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) theft (iii) disorderly or disturbing behavior, you should immediately report such person to the appropriate authorities and then to Sport Source by contacting Sport Source with your police station and report number; provided that your report will not obligate Sport Source to take any action beyond that required by law, or cause Sport Source to incur any liability to you.
The following actions by any Member are strictly prohibited
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet; (k) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (l) using the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Sport Source endorsement, partnership or otherwise misleads others as to your affiliation with Sport Source; (m) posting, uploading, publishing, submitting or transmitting any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (n) accessing, tampering with, or use of non-public areas of the Platform, Sport Source’s computer systems, or the technical delivery systems of Sport Source’s providers; (o) without Sport Space’s explicit written consent, diluting, tarnishing or otherwise harming the Sport Source brand in any way, including through unauthorized use of Collective Content, registering and/or using Sport Source or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks, logos or other source identifiers that closely imitate or are confusingly similar to Sport Source domains, trademarks, taglines, promotional campaigns or Collective Content, other proprietary information or infringe the rights of Sport Source or the any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right, copy, store or otherwise access or use any information contained on the Platform or Collective Content for purposes not expressly permitted by these Terms; (p) contacting another Member for any purpose other than asking a question related to a Booking, Sport Space, Listing, or the Member’s use of the Platform or recruit or otherwise solicit any Member to join third party services, applications or web platforms, without Sport Source’s prior written approval; (q) stalking or harassing of any other User of the Platform or Collective Content, or collect or store any personally identifiable information about any other user
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
15. Term, Suspension And Termination
Sport Source has the right, but not the obligation, to investigate and prosecute any violations of these Terms or the law to the fullest extent of the law. In addition, and as set in these Terms, Sport Source may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Sport Source Account, for a violation of the Terms. While Sport Source endeavors to diligently review all content that would potentially be nefarious or egregious, Sport Source takes no responsibility for content that evades the vetting system. Sport Source may refuse to surface, delete or delay any Listings, ratings, reviews, or other Member Content or cancel any pending or confirmed Bookings. Sport Source may terminate your Account without notice if (i) you breached these Terms or other policies referenced herein or on the Platform, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during your Sport Source Account registration or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Sport Source believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Sport Source or third parties, for fraud prevention, risk assessment, security or investigation purposes.
Sport Source may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Sport Source Account and the Platform, temporarily or permanently revoke any special status associated with your Sport Source Account, or temporarily or permanently suspend your Sport Source Account if you have breached these Terms or policies, including material and non-material breaches, and if you receive one or more poor ratings from Hosts or Users (with the definition of “poor” to be at Sport Source’s sole and absolute discretion).
If Sport Source takes any of the measures described herein relating to a Host, it may (i) communicate to your Users or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Users in full for any and all confirmed Bookings, irrespective of applicable cancellation policies, (iii) support your Users, on an exceptional basis, in finding potential alternative Sport Spaces. In the event Sport Source deems any of the foregoing actions necessary, in its sole discretion, such Host will not be entitled to any compensation for confirmed Bookings that were cancelled.
If and when these Terms have been terminated or amended, you are not entitled to a restoration of your Sport Source Account or any of your Member Content. If your access to or use of the Sport Source Platform has been limited or your Sport Source Account has been suspended or this Agreement has been terminated by us, you may not register a new Sport Source Account or access and use the Sport Source Platform through a Sport Source Account of another Member.
Sport Source may access, preserve and disclose any of your information if required to do so by law, or if it believes in good faith that it is reasonably necessary to (i) respond to claims asserted against Sport Source or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer Sport Source’s agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Sport Source, its Users, or members of the public. Sport Source reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Sport Source, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
You may terminate your Account by canceling it on the Platform or by sending Sport Source an email to firstname.lastname@example.org in which you request that Sport Source terminate your Account. If you cancel your Account as a Host, any confirmed Bookings will be automatically cancelled, and your Users will receive a full refund of the Sport Space Fee. No refunds of Service Fees will be provided. If you cancel your Account as a User, any confirmed Booking will be automatically cancelled, and you will be issued a refund in accordance with the cancellation policy referenced herein.
If your access to or use of the Platform has been limited or your Account has been suspended or these Terms have been terminated by Sport Source, you may not register a new Sport Source Account or attempt to access and use the Platform through other Accounts.
Tax regulations may require Sport Source to collect appropriate tax data from Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide Sport Source with documentation that Sport Source determines to be sufficient to reduce Sport Source’s obligation (if any) to withhold taxes from payments to you, Sport Source reserves the right to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included and including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Sport Source cannot and does not offer tax related services or advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Sport Space is located may require Taxes to be collected from Users or Hosts on the amount paid for the right to use and/or occupancy of Sport Spaces, and to be remitted to the respective Tax Authority. We reserve the right to collect taxes that would be wanted by any governmental authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Sport Space Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (collectively, “Occupancy Taxes”).
17. Digital Millennium Copyright Act (DMCA)
This Digital Millennium Copyright Act policy ("Policy") applies to the sport-source.com website ("Website"), "Sport Source" mobile application ("Mobile Application") and any of their related products and services (collectively, "Services") and outlines how Sport Source, Inc. ("Sport Source, Inc.", "we", "us" or "our") addresses copyright infringement notifications and how you ("you" or "your") may submit a copyright infringement complaint.
Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") of 1998, the text of which can be found at the U.S. Copyright office website.
Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.
Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
We may, at our discretion or as required by law, share a copy of your notification or counter-notification with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to hire an agent to report infringing material for you.
If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification ("Notification") using the contact details below pursuant to the DMCA by providing us with the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your Notification.
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts.
If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.
Notwithstanding anything to the contrary contained in any portion of this Policy, Sport Source, Inc. reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.
A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notifications.
To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:
- Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.
Notwithstanding anything to the contrary contained in any portion of this Policy, Sport Source, Inc. reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.
The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.
We reserve the right to modify this Policy or its terms relating to the Services at any time, effective upon posting of an updated version of this Policy on the Services. When we do, we will send you an email to notify you.
If you would like to notify us of the infringing material or activity, you may send an email to email@example.com
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Sport Source, Inc or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sport Source, Inc. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Sport Source, Inc or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Sport Source, Inc or third-party trademarks.
18. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between Sport Source and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You may opt-out of this class action and jury waiver described herein by emailing us at firstname.lastname@example.org within thirty (30) days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Section, please note that all other provisions in these Terms will remain intact and in full force and effect.
19. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Oregon for purposes of any such action by us.
20. Communications Decency Act Notice
Sport Source may be a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Collective Content is limited as described therein. We are not responsible for any Collective Content. We neither warrant the accuracy of the Collective Content nor exercise any editorial control over Collective Content, nor do we assume any legal obligation for editorial control of Collective Content or liability in connection with Collective Content, including any responsibility or liability for investigating or verifying the accuracy of any Collective Content.
22. Assumption of Risk And Waiver
You as a User agree that you are aware of and assume all risks for yourself as well as any other User or invitees attending your Booking. Neither Sport Source nor the Hosts are responsible for any accidents caused or incurred by you as a User or any of your invitees, related to physical activity or otherwise. You hereby release, waive, discharge, and covenant not to sue Sport Source or the Hosts for any injuries arising from or related to use of any Sport Space. You agree that some Listings may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Listings may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Sport Spaces. You assume full responsibility for the choices you make before, during and after your participation in a Sport Space. If you are bringing a minor as an additional invitee, you are solely responsible for the supervision of that minor throughout the duration of your time in the Sport Space and to the maximum extent permitted by law, you agree to release and hold harmless Sport Source from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during physical activity or in any way related to the Sport Space you choose.
23. Indemnification And Limitation of Liability
You agree to forever release, defend, discharge, indemnify, and hold Sport Source and its affiliates and subsidiaries, and their members, managers, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of a Sport Space , or (iii) creation of a Listing; and (d) the use, condition or Booking of a Sport Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Sport Space. You hereby waive any potential liability for delays in payment on account of force majeure. Sport Source is not responsible or liable for nonperformance caused by telecommunications failures, nonperformance of vendors, fires or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”).
You acknowledge and agree that, to the maximum extent permitted by law, you assume the entire risk arising out of your use of the platform. If you permit or authorize another person to use your Sport Source account in any way, you are responsible for the actions taken by that person. Neither Sport Source nor any third party involved in providing payment services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the services, from any communications, interactions or meetings with other persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sport Source has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so, in those states, the herein limitation shall be to the maximum extent permitted under applicable law.
Sport Source is not a party to the Host’s process for determining an acceptable Booking and is not involved in the scope of the agreement. Sport Source may in its sole discretion increase or decrease the time period within which the Hosts must confirm or reject such Booking. Any such modification will be posted to these Terms within thirty (30) business days of the decision to change the standard for fees.
This disclaimer ("Disclaimer") sets forth the general guidelines, disclosures, and terms of your use of the sport-source.com website ("Website"), "Sport Source" mobile application ("Mobile Application") and any of their related products and services (collectively, "Services"). This Disclaimer is a legally binding agreement between you ("User", "you" or "your") and Sport Source, Inc. ("Sport Source, Inc.", "we", "us" or "our"). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Services. You acknowledge that this Disclaimer is a contract between you and Sport Source, Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Sport Source does not promise that the platform or any content, document or feature of the platform will be error-free or uninterrupted, or that any defects will be corrected or that your use of the platform will provide specific results. The material in this platform could include technical inaccuracies or typographical errors. Sport Source cannot ensure that any files, documents or other data you download from the platform will be free of viruses or contamination or destructive features. Sport Source disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
Any views or opinions represented on the Services belong solely to the content creators and do not represent those of people, institutions or organizations that Sport Source, Inc. or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
You may not modify, print or copy any part of the Services. Inclusion of any part of the Services in another work, whether in printed or electronic or another form or inclusion of any part of the Services on another resource by embedding, framing or otherwise without the express permission of Sport Source, Inc. is prohibited.
You may submit new content and comment on the existing content on the Services. By uploading or otherwise making available any information to Sport Source, Inc., you grant Sport Source, Inc. the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Services. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person's privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
The Services may contain forms of advertising. Advertising space will always be identified as such. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, Sport Source, Inc. will receive an affiliate commission.
If you choose to use the information available on the Services without prior consultation with and consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless Sport Source, Inc., its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information.
There may be risks associated with participating in activities presented on the Services for people in good or poor health or with pre-existing physical or mental health conditions. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
The results obtained from the information available on the Services may vary, and will be based on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables. There are no guarantees concerning the level of success you may experience.
Testimonials are received in various forms through a variety of submission methods. They are individual experiences, reflecting experiences of those who have used the Services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use Services, and Sport Source, Inc. is not responsible for the opinions or comments available on the Services, and does not necessarily share them. All opinions expressed are strictly the views of the reviewers.
The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are available for public viewing.
While we have made every attempt to ensure that the information contained on the Services is correct, Sport Source, Inc. is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Services is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Sport Source, Inc., or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Services, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information contained on the Services are subject to change at any time and without warning.
We reserve the right to modify this Disclaimer or its terms relating to the Services at any time, effective upon posting of an updated version of this Disclaimer on the Services. When we do, we will send you an email to notify you. Continued use of the Services after any such changes shall constitute your consent to such changes.
Sport Source does not have an obligation to conduct background or registered sex offender searches, but may do so to the extent permitted by applicable laws. Even if Sport Source chooses to do so, it disclaims warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User and Sport Space host or guarantee that a Sport Space user and host will not engage in misconduct in the future.
Sport Source makes no representations or warranties as to any member’s conduct on the platform or otherwise. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including, but not limited to, users and Sport Space hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Sport Source. Sport Source explicitly disclaims all liability for any act or omission of any user or other third party.
Sport Source makes no representations or warranties as to any Sport Space or listing. Users are solely responsible for inquiring or performing any due diligence necessary to evaluate a Sport Space. Sport Source does not endorse any member, listing, or Sport Space.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Sport Source does not appoint you or any other User as its employee, independent contractor, agent, or any kind of partnership or joint venture. You are not authorized to make any commitments on behalf of Sport Source.
You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Services.
If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to email@example.com.
25. Governing Law And Jurisdiction
Any dispute, claim, or controversy relating to, and the use of, the Platform and/or relating to the Terms, and the materials contained herein (“Claims”) is governed by the laws of the state of Oregon without regard to conflict of law rules. All Claims, including the determination of the scope or applicability of this paragraph, shall be determined by arbitration in Oregon pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Subject to the foregoing terms in this paragraph, you consent to the exclusive jurisdiction of the federal and state courts located in Portland, Oregon.
The Platform is based in North America. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of North America. If you access or use the Platform, the Content, or the Services from outside of North America, you do so at your own risk. Whether inside or outside of North America, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.