Terms of Service
Last modified: May 16, 2017
Welcome to Actively!
The following terms and conditions (these “Terms”) govern your use of the Actively.ai website (referred to as the “Site”) as well as the content, products, software, source code, other websites and services (collectively, including the Site, the “Services”) made available by the Site’s owner, SportsLocate.com LLC.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY SPORTSLOCATE.COM IN ITS DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.
The words “we”, “us” and “our” means SportsLocate.com LLC. The words “you” and “your” refers to the person accessing or using the Services subject to these Terms. To the extent you access or use the Services as an employee, manager, member or agent of any entity, you also accept these Terms on behalf of such employer, principal or other entity.
Information about you
- You agree the information you provide when you register to use the Services will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Services. You must be 18 years of age or older to use the Services.
Use of Services Generally
- We may provide you with one or more user ID’s, initial passwords and/or other devices for you to access the Services to manage your account with us. It is your sole responsibility to keep all user IDs, passwords and other means of access to the Services within your possession or control confidential and secure from unauthorized use.
- Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these terms and limitations we may terminate your account and, without limitation, you may forfeit any credits, vouchers or other rights or interests relating to Services you have redeemed but not yet used. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
- You agree not to use or permit the use of the Services directly or indirectly for any of the following:
- Disclosing personally identifying information or private information of any person without his or her consent;
- Posting or sending material that is grossly offensive, obscene, lewd, lascivious, pornographic, profane or violent, harassing or otherwise objectionable, libelous, defamatory or threatening or that promotes or encourages hatred, violence, racism or criminal conduct;
- Uploading or spreading computer viruses, worms, Trojan horses, malware, spyware or other harmful code;
- Infringing the intellectual property rights or misappropriating trade secrets of any third party;
- Fraudulently inducing the purchase of goods or services or disclosure of information by any User;
- Selling or marketing products or services or soliciting funds or information in a manner that is prohibited by applicable law or regulation; or
- Exceeding the usage limits of your Actively.ai account.
Signing up for all Actively.ai Programs (including but not limited to the "Kickstart Experience")
- Under these Terms, you may use the Site or Services to purchase the program, which is a curated list of services from participating Studios for goods or services (which may include memberships, sessions and the like). The Studio is the end service provider and is fully and solely responsible for all goods and services promised and provided. You agree that the Studio is responsible for any and all injuries, illnesses, damages, losses, claims, liabilities and costs (“Liabilities”) it may cause you or any third party to suffer, directly or indirectly, in full or in part, whether related to the use of service or not, and you agree not to assert claims for such Liabilities against us.
- When you use the Services, you agree to discharge and release SportsLocate.com LLC and its subsidiaries, affiliates, director, officers, members, managers, employees and agents from any Liabilities arising from or related to any act or omission of a Studio in connection with your purchase of the services and/or goods the Studio provides.
- By purchasing any Service you agree to these Terms of Service. By purchasing, viewing, or attempting to use a service, you further agree to any additional terms posted to the confirmation, checkout or other Site page containing the Service details before or at the time of purchase (the “Service Terms”). In the event of any conflict between these Terms of Service and any Service Terms, the Service Terms with respect to the applicable Service will govern.
- If you pay for a Service at this Site and the Studio offering the Class refuses to honor it, you must notify us in writing regarding the Studio’s refusal, including the name of the Studio and the date you purchased the Service. We will use good faith efforts to see that services are honored by the Studios. Our maximum total liability to you based on any refusal or failure of any Studio to honor a Class shall be the amount you paid to us for that Class. In such event, we may refund such amount in the original payment form, or with your consent, credit such amount to your Actively.ai account so it can be applied toward the purchase of other services in the future.
- Services are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Services is prohibited.
Ownership of Services
- By these Terms we are only providing you with the right to access and use the Services. Actively.ai retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Services, but not including Your Content) and to all modifications and enhancements of the Services, subject only to the rights and privileges expressly granted to you under these Terms. The SportsLocate™, Actively™, Actively.ai™ names and logos are trademarks of SportsLocate.com LLC and its affiliates. In addition, the Services are presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of SportsLocate.com. We reserve all rights in and to the Services not expressly granted under these Terms.
- As between the parties, SportsLocate.com & Actively.ai own all right, title, and interest in the Services, the SportsLocate & MyActively marks, and any technology or tools used by us to promote, market, sell, generate, or distribute Services (collectively the “com IP”). You agree not to copy, reproduce, download or display the SportsLocate.com or Actively.ai IP or any portion thereof, except in connection with your internal use of the Services pursuant to these Terms.
- The Services are protected by U.S. copyright laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise) or SportsLocate.com or Actively.ai IP, including the source code for any portion of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by us in writing. You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Services. You may not transfer, lease, assign, rent, or sublicense the rights granted to you under these Terms, or make the Services available for the use of others through your User ID. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended
- You shall not remove, modify or copy any SportsLocate.com LLC or third party trademarks accessed through the Site or in connection with any Services. All third party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.
- The Site and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent in each instance. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.
- We assume no responsibility or make any representation or warranty with respect to websites or services owned and operated independently by third parties (including but not limited to our partners or affiliates) which may be accessed by you or Users through links on the Site, through Studio websites or otherwise from the Services.
- We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing. Send your notice to SportsLocate.com LLC, 106 w 32nd Street, Office #122, New York, NY 10001 – attention: chief legal officer, and include the following:
- electronic or physical signature of a person authorized to act for the copyright owner
- description of the copyrighted work
- description of where the infringing content is located on this website
- your office or home address, telephone number and email address
- a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
- a statement under penalty of perjury that the above is true and you are authorized to act for the owner.
THE SERVICES, INCLUDING SITE CONTENT, ANALYTICS OR REPORTS, MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. TRANSACTIONS MAY BE INTERRUPTED OR CORRUPTED DURING TRANSMISSION. OUR SYSTEMS MAY NOT PREVENT THE CORRUPTION OR LOSS OF YOUR CONTENT OR DATA. THE SERVICES MAY NOT BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS OR ACCESSIBLE TO ALL USERS OR THROUGH ALL YOUR WEBSITES. WE ASSUME NO LIABILITY FOR SUCH INCIDENTS OR CONDITIONS. ALL SERVICES, INCLUDING BUT NOT LIMITED TO SITE CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY STUDIO OR SERVICE OFFERED THROUGH THE SITE, OR REGARDING ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ANY STUDIO THROUGH THE SITE OR OTHERWISE.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A CLAIM TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, SPORTSLOCATE.COM, ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNATIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID TO THE COMPANY BY YOU FOR THE SERVICES IN CONNECTION WITH WHICH SUCH DAMAGES AROSE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.
- You agree to indemnify and hold harmless SportsLocate.com LLC, its subsidiaries, affiliates, directors, officers and employees, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim, action or demand asserted against any of the foregoing parties based on: (a) any breach of these Terms by you or anyone accessing the Services using your login credentials; (b) any violation of law, regulation or third party rights in connection with your use of the Services; or (c) any complaint by any User relating to your Services.
- Your right to access and use the Services shall terminate immediately upon your breach of any Terms.
- If you are provided with any standalone software utilities for use with the Services, you acknowledge that these utilities may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products, information about the products, or direct products of the products to certain countries and certain persons. You represent and warrant that you will not export or re-export such software in violation of these regulations to a national destination prohibited under these regulations or to any person to whom exports, re-exports or transfers are prohibited under these regulations.
- You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to come for which we may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Our right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
- Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to its choice of law principles and the applicable federal laws of the United States. Without prejudice to our right to injunctive relief from any court of competent jurisdiction, YOU AGREE TO SUBMIT ANY AND ALL CLAIMS AGAINST US ARISING FROM OR RELATING TO THESE TERMS TO BINDING ARBITRATION in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted before a single arbitrator, selected pursuant to the AAA Rules, in Fairfield County, Connecticut.
- Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.
Please direct questions about these terms & conditions to hello@Actively.ai.