EFFECTIVE DATE: DECEMBER 6, 2019
NOTICE TO CALIFORNIA RESIDENTS
To comply with California law, we provide the following notice to California residents:
- Our legal name is Top Sports Media LLC.
- Our address is 921 Harbor View North, Hollywood, Florida 33019, U.S.A.
- Our telephone number is (786) 451-5552.
- For complaints, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
IMPORTANT NOTICES AND DISCLAIMERS
- The Site, including all Content (defined below), is for general informational and educational purposes only. We are NOT a member of any professional or collegian sports body, league, or association (domestic or international). Neither the Site nor any Content is sponsored, endorsed, or sanctioned by any professional or collegian sports body, league, or association (domestic or international).
- We and our affiliates and Suppliers (defined below) DO NOT make any claims as to the results that you might achieve by using the Site or any Content. If you are currently working with a coach, trainer or instructor, you should consult your coach, trainer or instructor prior to participating or engaging in any athletic, sports, physical or fitness training or exercise based on any information, tip, advice, opinion, comment, suggestion or recommendation that you obtained or learned from using the Site or any Content.
- All forms of sports and physical exercises involve risks of injury. If you participate or engage in any athletic, sports, physical or fitness training or exercise based on any information, tip, advice, opinion, comment, suggestion or recommendation that you obtained or learned from using the Site or any Content, you do so entirely at your own risk, and you understand and agree that WE AND OUR AFFILIATES AND SUPPLIERS WILL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY BODILY INJURY (INCLUDING DEATH) OR EMOTIONAL DISTRESS THAT YOU MAY SUFFER OR EXPERIENCE AS A RESULT.
- STOP TRAINING AND EXERCISE IMMEDIATELY if you experience pain, soreness, fatigue, shortness of breath, dizziness, lightheadedness, blurred vision, headache, nausea, sickness, illness, dehydration, excessive sweating, muscle cramp or tightness, or any other discomfort. If any of these symptoms persists after you stop, you should seek medical help right away.
- We contract with professional athletes to teach courses on the Site. These athletes are NOT employees, agents or representatives of our company. Views, opinions, comments, values, and beliefs expressed by these athletes DO NOT represent the views, opinions, comments, values or beliefs of our company.
1. CERTAIN DEFINITIONS
- “Content” means all content, information and material made available on or through the Site, including, without limitation, text, photos, images, graphics, audios and videos, whether or not downloadable, as well as all layout design and look and feel elements of the Site.
- “Course” means a video series that features individual lessons given by a Guest Athlete. For the avoidance of doubt, all Courses (including their individual lessons) made available on the Site shall be deemed to be part of the Content.
- “Guest Athlete” means a professional athlete who has contracted with us to teach a Course on the Site.
- “Suppliers” means all of the following: (i) Guest Athletes; (ii) our business partners; and (iii) third parties that provide services, software, and/or other material or support to our company in connection with the operation of the Site.
- “User” or “you” means anyone who accesses the Site or any Content. For the avoidance of doubt, the term “User” includes anyone who accesses a downloaded or stored copy of Content, even if such person does not access the Site directly.
2. GENERAL PROVISIONS
2.2 Consent to Electronic Communications. If you subscribe to our emailing list or otherwise submit your email address to us, you consent to receiving electronic communications via email from us that are related to your use of the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email satisfy any legal requirement that the same be in writing.
2.4 Account Registration. By registering an account on the Site, you warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.
2.5 Mobile Service Charges. If you use the Site on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.
2.6 User Feedback. If you submit ideas, suggestions, comments, or other feedback concerning the Site or Content (whether solicited or unsolicited) (“Feedback”) to us, you understand and agree that: (i) we and our affiliates and Suppliers, including our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and our company; and (iv) your Feedback submission may be used and retained indefinitely by our company and our affiliates and Suppliers, including our and their successors and assigns.
2.7 Aggregate Site Data. By using the Site, you acknowledge and agree that we and our affiliates and Suppliers will be free to: (i) compile and combine your and other Users’ usage and activity data (after de-identifying such data as necessary so that they do not identify you or any other particular User) to create aggregated and anonymized data in connection with measuring the usage and performance of the Site and Content (hereinafter, “Aggregate Platform Data”); and (ii) reproduce, disclose to others, publish, distribute, and otherwise use such Aggregate Platform Data indefinitely for any and all purposes (including, without limitation, for marketing and promoting the Site, for making improvements to the Site, and for developing new products and services).
2.8 International Use. The Site is hosted and operated within and from the United States of America. We and our affiliates and Suppliers do not represent or warrant that the Site will be appropriate or available for use in locations outside the U.S. If you access the Site from a location outside the U.S., you acknowledge and agree that you do so of your own volition and at your own risk and that you are solely and entirely responsible for complying with all applicable local laws and regulations.
3. INTELLECTUAL PROPERTY
3.1 Ownership. The Site and all Content, including all worldwide copyrights and other intellectual property and proprietary rights therein and thereto, are the property of our company and/or our affiliates or Suppliers, and are protected by intellectual property and other laws in the United States of America and other countries.
The “Top Sports” name and the “T” logo are the trademarks of our company. Except as specifically permitted by applicable laws, any unauthorized use of our company’s trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities.
Third-party trademarks appearing on the Site are the property of their respective owners.
The Site may allow you to save a copy of a Course (or an individual lesson included in a Course) in your account within the Site for offline viewing. You understand and agree that you are only authorized to retain such saved copy in your account within the Site and that such saved copy is for your own lawful personal and noncommercial use only and you are NOT permitted to export, transfer, distribute (whether by sale, lending, rental, or otherwise), transmit, broadcast, publicly display, publicly perform, or otherwise disseminate such saved copy (or any derivative work thereof) without the express prior written consent of our company.
4. PROHIBITED USES
5. TERMS OF SALE
Other than free lessons that we may offer from time to time, a subscription or a la carte purchase is required to access Courses on the Site.By making a purchase on the Site, you expressly accept and agree to be bound by the following terms:
5.1 Our “No Refund” Policy. ALL SALES ON THE SITE ARE FINAL AND NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS ON SUBSCRIPTION AND A LA CARTE PURCHASES.
5.2 Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your purchase transaction may be suspended or cancelled. You must resolve any payment method issue before we can complete your purchase. If you want to change or update your payment method information, you can do so at any time by logging into your account.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
5.3 Continuous Subscription; Cancelation Policy. When you purchase a subscription on the Site, you expressly acknowledge and agree that: (i) we (or our third-party payment processor) are authorized to charge you on a YEARLY basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues; and (ii) your subscription is continuous until you cancel it before the end of the then-current subscription period or we suspend or stop providing access to the Site in accordance with these terms.
You may cancel your subscription at any time by logging into your account and clicking on “Your Profile,” then “Account Settings” and then “Cancel Subscription.”
5.4 Pricing and Availability. All prices on the Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including, without limitation, based on geographic or other criteria as we may establish from time to time. We will not, however, be able to notify you of changes in any applicable taxes.
All Courses on the Site are subject to availability, and we reserve the right to impose quantity and/or other limits on any transaction, to reject all or part of a transaction, and to discontinue offering certain Courses without prior notice.
5.5 Special Offers; Free or Discounted Trials. From time to time, we may offer coupons or other promotions with special offers. To redeem, you must enter a valid promotional code during checkout. Special offers cannot be combined with other promotions. We reserve the right, without prior notice and at any time to limit or impose conditions on the honoring of any coupon or other promotion.
We may also offer free or discounted trials (“Trial”) from time to time. For some Trials, we require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically charge you for the subscription on the first day following the end of the Trial on a recurring YEARLY basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT TO BE CHARGED, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL. To cancel, log into your account and click on “Your Profile,” then “Account Settings” and then “Cancel Subscription.”
5.6 Customer Service. If you have questions or concerns regarding a purchase you have made on the Site, please contact us at email@example.com.
6. NO WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT: (i) THE SITE AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SITE OR IN ANY CONTENT WILL BE CORRECTED; (iii) THE SITE AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) ANY RESULT WILL BE ACHIEVED BY USING THE SITE OR ANY CONTENT.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PHYSICAL INJURY, MENTAL DISTRESS, LOSS OF USE, LOSS OF DATA, AND/OR LOSS OF OPPORTUNITIES) ARISING OUT OF OR RELATED TO THE SITE OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
7. USER RELEASE AND INDEMNITY
8. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
8.2. Arbitration is more informal than a lawsuit. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). BY AGREEING TO ARBITRATE, YOU AND WE BOTH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT; except that either you or we may bring an individual action in a small claims court for a Claim that is within such court’s jurisdictional authority.
8.3. Any arbitration between you and us shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this arbitration agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and we cannot agree on the choice of the single arbitrator, the arbitrator shall be appointed pursuant to the JAMS Rules, with the participation and involvement of you and us pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
8.4. In order to commence arbitration, you or we must first send via certified mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the Claim(s) and the specific facts giving rise to the Claim(s), and the relief requested. Your Notice to us must be sent via certified mail to Top Sports Media LLC, 921 Harbor View North, Hollywood, Florida 33019, U.S.A., ATTN.: Dispute. We will send any Notice to you at the contact information we have for you. It is the sender’s responsibility to ensure that the recipient receives the Notice. During a period of 45 days following our or your receipt of a Notice, you and we will make reasonable efforts to resolve the Claim(s) through informal negotiations, and arbitration cannot commence during such 45-day period. If we do not resolve the Claim(s) within such 45-day period, then either you or we may initiate arbitration in accordance with the JAMS Rules.
8.6. Any arbitration between you and us must be held either: (i) at a location determined pursuant to the JAMS Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only Claim(s) in the arbitration is/are asserted by you and is/are for less than $10,000 in aggregate, then (at your election) by telephone or by written submission.
8.7. The arbitrator shall: (i) apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the laws of the United States, irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws.
8.8. The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s determination of the dispute/claim and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
8.9. Other than an arbitration initiated by you against us that was determined by the arbitrator to be frivolous or have been brought for an improper purpose, we will pay the arbitration filing and arbitrator fees, or reimburse you for the payment of such fees. If you prevail in the arbitration and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater, and will also pay (or reimburse you for) your reasonable attorneys’ fees and other legal expenses incurred in the arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
8.10. You and we both agree to maintain the confidential nature of the arbitration and not to disclose the fact of the arbitration, any documents exchanged as part of any mediation or proceedings of the arbitration, the arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or a valid court order.
8.12. CLASS ACTION WAIVER: YOU AND WE BOTH AGREE THAT: (i) ANY CLAIM WILL BE BROUGHT IN ANY FORUM IN AN INDIVIDUAL CAPACITY ONLY, AND WILL NOT BE BROUGHT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (ii) NEITHER YOU NOR WE WILL SEEK TO HAVE A CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PURPORTS TO ACT IN A REPRESENTATIVE CAPACITY; AND (iii) NO ARBITRATION OR OTHER PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING. If the foregoing class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
9. GOVERNING LAW; JURISDICTION
10. TIME LIMIT ON FILING OF CLAIMS