PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
AthleteBiz (“Site”) is a product of Athlete Biz (“Company”), A Non-Profit Corporation. AthleteBiz provides an online platform that connects active professional athletes with individuals seeking to engage with them for various experiential engagements and/or to donate to them via a crowd-funding feature with gift options through retailers (collectively the “Offerings”). The Offerings are subject to the following terms and conditions (the "Terms"). We may periodically change the Terms without notice to you. You are responsible for keeping up to date on changes to the Terms on the Site. Unless expressly stated otherwise, any new features that augment, enhance or otherwise modify the Site shall be subject to these Terms. These Terms govern your access to and use of the Site, and constitute a binding legal agreement between you and the Company. By accessing and using this Site, you agree to comply with and be legally bound by these Terms.
YOU UNDERSTAND AND AGREE THAT ATHLETE BIZ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ATHLETES AND MEMBERS, NOR IS ATHLETE BIZ AN AGENT OR INSURER. ATHLTE BIZ HAS NO CONTROL OVER THE CONDUCT OF ATHLETES, MEMBERS, OR OTHER USERS OF THE SITE AND SERVICES, OR THE QUALITY, LEGALITY, SUITABILITY OR ANY OTHER ASPECT OF THE SERVICES OR THE EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE ATHLETES’ AND MEMBERS’ OWN RISK.
“Collective Content” means Athlete Content and AthleteBiz Content.
“Content” means text, graphics, images, music, software, audio, video, information, or other materials on the Site.
“Service” means an experiential or instructional engagement between an Athlete and a Member.
“Listings” means a Service that is listed on the Site by an Athlete as being available for sale via the Site.
“Member” means a person who completes AthleteBiz’s account registration process, as described in the section below entitled “AthleteBiz Accounts”.
“Athlete” means a person who maintains a profile and posts Listings on the Site.
“Retailer” means third party e-commerce site(s) or company(-ies) who interact with Members to provide goods in exchange for a donation.
“Athlete Content” means all Content that an Athlete posts, uploads, publishes, submits, or transmits to be made available through the Site.
“Offerings” is defined above.
“Site” is defined above.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods, and services taxes (GST) and other similar municipal, state, and federal indirect or other withholding and personal or corporate income taxes.
“Terms” is defined above.
“AthleteBiz” is defined above.
“AthleteBiz Account” is defined below in the section entitled “AthleteBiz Accounts”.
“AthleteBiz Content” means all Content that AthleteBiz makes available through the Site, including any Content licensed from a third party, but excluding Athlete Content.
The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.
In order to access some features of the Site and the Offerings, you will have to create a unique account on the Site (an “AthleteBiz Account”) and become a Member. You may never use another person's AthleteBiz Account without the other person’s express permission. When creating your AthleteBiz Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your AthleteBiz Account, and you must keep your AthleteBiz Account password secure. You must notify Athlete Biz immediately of any breach of security or unauthorized use of your AthleteBiz Account. Although the Company will not be liable for any losses or damages caused by any unauthorized use of your AthleteBiz Account, you may be liable for the losses of Athlete Biz’s or others due to unauthorized use of your account.
You may not access AthleteBiz from territories where doing so is illegal. AthleteBiz is intended exclusively for use by Athletes and Members in the United States. Those who choose to access AthleteBiz from other locations do so at their own risk and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
Bookings and Financial Terms for Members
In order to establish a booking pending the applicable Athlete’s confirmation of a booking request, you understand and agree that Athlete Biz shall have the right, in its sole discretion, to obtain a pre-authorization via your credit card for the full price of the Service. Once Athlete Biz receives confirmation of your booking from the applicable Athlete, Athlete Biz will collect the total price of the Service in accordance with the pricing terms set forth in the applicable Listing. Please note that the Company cannot control any fees that may be charged to a Member by his or her bank related to the Company’s collection of payment, and Athlete Biz disclaims all liability in this regard.
If an Athlete does not either confirm or reject a booking request within 72 hours of submission, the booking request will be deemed cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Athlete), any amounts collected by the Company will be refunded to the Member, and any pre-authorization of the Member’s credit card will be released, as applicable.
The Athletes, and not the Company, are solely responsible for honoring any confirmed bookings and contracts for Services secured through the Site. If you, as a Member, and an Athlete agree to modify any agreement for any Service, you acknowledge and agree that you, and not the Company, will remain responsible for performing the obligations of the modified agreement. Athlete Biz is not a party to any agreement between any Member and any Athlete and disclaims all liability arising from or related to any those agreements.
Company, at its discretion, may charge a fee not to exceed 4 percent of consideration received by Athlete for contracts or donations generated through the Website or Athlete’s relationship with Company. The singular purpose of such a fee is to maintain and enhance the Website's quality and features. Athlete authorizes Company to pay part of Athlete’s proceeds to an authorized retailer to reimburse the retailer for a gift in Athlete’s name to a party who donates to Athlete and any applicable transaction fees. The balance will be paid to the Athlete.
Third–Party Sites, Products And Services; Links
The Site may contain advertisements and links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of any linked websites or resources; (ii) the content, products, or services on or available from those websites or resources; or (iii) any damages resulting from your use of products or services advertised on the Site. Links to websites or resources do not imply any endorsement by the Company of those websites or resources or the content, products, or services available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any advertised products or linked websites or resources or the Content, products, or services on or available from those websites or resources.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Code of Conduct
You understand and agree that you are solely responsible for complying with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site or any of the Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;
• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store, or otherwise access any Content or other information contained on the Site for purposes not expressly permitted by these Terms;
• use the Site to transmit, distribute, post, or submit 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;
• "stalk" or harass any other user of the Site or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Athlete or Member;
• when acting as a Member or otherwise, recruit or otherwise solicit any Athlete or other Member to join third-party services or websites that are competitive to AthleteBiz, without the Company’s prior written approval; or
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
Digital Millennium Copyright Act Compliance
If you are a copyright owner or an owner’s agent, and you believe that any content hosted on AthleteBiz infringes your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on AthleteBiz are covered by a single notification, a representative list of those works at AthleteBiz; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; 4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Athlete Biz’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Athlete Biz, 130 John Pott Drive, Williamsburg, VA 23188
or by email at email@example.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Copyrights and Ownership
The Site, Services, and Collective Content are the property of the Company and/or its Content providers, and are protected by all applicable copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of the Company and its licensors. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content. Subject to your compliance with the terms and conditions of these Terms, Athlete Biz grants you a limited, non-exclusive, non-transferable license, to (i) access and view any AthleteBiz Content solely for your personal and non-commercial purposes and (ii) access and view any Athlete Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Athlete Biz or its licensors, except for the licenses and rights expressly granted in these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of AthleteBiz used on the Site are trademarks or registered trademarks of AthleteBiz. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Termination and AthleteBiz Account Cancellation
We may, in our sole and absolute discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Site and Services, and (b) deactivate or cancel your AthleteBiz Account. In the event the Company terminates your access to our Site and Services, or deactivates or cancels your AthleteBiz Account, you will remain liable for all amounts due in connection with any other Services you have purchased. You may cancel your AthleteBiz Account at any time by sending an email to support@AthleteBiz.com. Please note that if your AthleteBiz Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or other feedback.
IF YOU CHOOSE TO USE THE SITE AND/OR THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ATHLETE BIZ DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY ATHLETE OR MEMBER, BUT MAY CONDUCT BACKGROUND CHECKS IN ITS SOLE DISCRETION. ATHLETE BIZ, TOGETHER WITH ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, PROVIDE THE SITE, SERVICES AND COLLECTIVE CONTENT “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ATHLETE BIZ, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER ATHLETE BIZ, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, MAKES ANY WARRANTY THAT THE SITE, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FURTHERMORE, NEITHER ATHLETE BIZ, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EXPERIENCES, OR ANY OTHER SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NEITHER ATHLETE BIZ, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR DURING THE COURSE OF YOUR USE OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ATHLETE BIZ, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE SITE OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ATHLETES OR MEMBERS. YOU UNDERSTAND THAT ATHLETE BIZ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO EVALUATE THE QUALITY OF ANY SERVICES PRIOR TO THE TIME OF SALE. ATHLETEBIZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ATHLETES AND MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER THE MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY ATHLETEBIZ.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE COMPANY AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENTHARMLESS FOR ANY AND ALL DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND/OR COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EXPERIENCES VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ATHLETEBIZ WHETHER IN PERSON OR ONLINE.
You agree to release, defend, indemnify, and hold Athlete Biz and its affiliates and subsidiaries, and their 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 Site, Services, or Collective Content or your violation of these Terms; (b) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (c) your Content (including, without limitation, any claim that your Content caused damage to a third party); and (d) your (i) interaction with any Athlete or Member, (ii) booking of a Service, (iii) creation of a Listing or (iv) the consumption of a Service 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 consumption of a Service.
You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms or your use of the Site.
When you visit the Site or send emails to any address on the AthleteBiz.com domain, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email (sent to the email address you provide to the Company either during the registration process or when your email address changes) or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Unless stated otherwise, all notices to the Company shall be given by email to support@AthleteBiz.com. The Company may alternatively choose to give you notice by certified mail, postage prepaid and return receipt requested, to the mailing address provided to Athlete Biz. Notice by certified mail shall be deemed given three (3) days after the date of mailing.
These Terms are governed by the laws of the Commonwealth of Virginia without reference to the principles of conflicts of laws.
All disputes or claims between you and the Company related in any way to your use of the Site or to products or services sold or distributed by the Company or through the Site shall be submitted to binding arbitration before a single arbitrator under the rules of the American Arbitration Association. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, or for damages in small claims court if the amount in controversy is less than the applicable small claims maximum.
These Terms and any rights and licenses granted under them may not be transferred or assigned by you, but may be assigned by Athlete Biz without restriction.