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Terms and Conditions​

These Terms and Conditions (the “Terms”) describe the terms and conditions governing your use of the “The Good Game” mobile application (the “App”) and all other services, data, software, applications and tools (collectively “Services”) provided by The Good Game, Inc. (“TGG,” “we,” “us”, or “our”).

Please read the following Terms carefully.

By using our Services, or by clicking to accept or agree to these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://procampstest.confettidg.com/private-policy/, incorporated herein by reference, in full. If you do not agree to these Terms, do not use any portion of the Services.

These Terms contain provisions that govern how claims between you and us are resolved (see Section 18, “Consent to Arbitration” below).

Changes to Terms and Services.

TGG may change these Terms without notice to you. You should view these Terms often to stay informed of any changes that may affect you. YOUR CONTINUED USE OF THE APP AND/OR SERVICES FOLLOWING THE POSTING OF REVISED TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES.

The version of these Terms posted on each respective date you visit the App and/or Services will be the Terms applicable to your access and use of the App and Services on that date. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, if you are in breach of the Terms or for any reason or for no reason whatsoever, at any time, without notice or liability.

We may update the content on the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the App or other Services may be out of date at any given time, and we are under no obligation to update such material.

TGG provides registered users a two-way marketplace platform with its primary focus of connecting collegiate student-athletes and others who are able to provide various athletic coaching, training, and relating instructional services (“Providers”) with individuals and organizations who desire to receive such services from Providers (“Customers”).  Providers may provide one-on-one, small group, team, clinic/camp, and other sessions as appropriate.  The Services may also be used by Customers to book the use of certain participating athletics facilities, and the term “Provider” shall also refer to the owner(s) of the booked facilities, as applicable.  The booked facilities shall be referred to herein as the “Facilities.”  If the booking of a Provider is to provide athletic coaching, training, and/or relating instructional services at a Facility for which a fee must be paid, the applicable fee is the responsibility of the Customer and must be paid through the App as a Service Fee (defined below).  For group sessions, each participant must be registered to use the App and complete all required Waivers (defined below) and agree to be responsible for payment of all applicable Fees, effectively becoming a Customer. 

Providers who are registered on the App are able to post the types of services they offer, their availability, where they offer services, and the rates for their services.  Customers who are registered on the App may book and pay for a session with a Provider through the App.  A session is not officially booked with a Provider until the Customer confirms acceptance of a booking and Customer makes payment of both the Provider’s applicable fees for the session (the “Service Fee”) and TGG’s applicable booking and transaction fees (the “Booking Fee”) for such booking which are the responsibility of Customer.  Providers will have the sole discretion to determine whether or not to accept any proposed booking.  As used in these Terms, the term “Fee” or “Fees” collectively means the Service Fee, Booking Fee, and NIL Fee (defined below), and any other agreed fees for other selected offerings, as applicable.  All Fees must be paid at the time of booking; provided, however, that if Customer requests and Provider agrees to extend the duration of Provider’s services beyond the original booked session time (subject to availability of the Facilities, as applicable), the Fees for such additional session time (and, as applicable, Facilities-use time) shall be due and payable by the Customer through the App at the time of service.

Each Provider sets the Service Fees charged by such Provider for various services provided to Customers.  Service Fees are subject to change by Providers at any time prior to Customer booking and paying for a session in the sole discretion of Providers.

TGG will facilitate the acceptance, collection and payment of the Service Fee (and NIL Fee, as applicable) by Customers to Providers on behalf of Providers through the App using one or more third-party processors designated by TGG (collectively, “Processors”).  As a condition of using the Services, Providers and Customers agree to and accept the terms and conditions of service of such Processors, which are available for review from the Processors.  The current Processor utilized by TGG is Stripe.  Stripe’s terms and conditions can be accessed on its website at stripe.com.  TGG reserves the right, from time to time, to change payment processors and/or other aspects of the payment system it elects to utilize in connection with the Services.  In the event of any such change, you will be required to agree to the terms of service required by any such processors and other third parties. You expressly consent to and authorize TGG and Processors to initiate pre-authorizations and payment, and to collect, hold and transfer payments, as applicable, for purposes of the Services.  Each Provider agree to pay TGG, and hereby authorizes TGG to deduct from Provider’s Service Fees collected by TGG on behalf of Provider, an amount equal to the Booking Fees owed by Provided to TGG.  In addition, Providers are also responsible for all remittance fees incurred in connection with TGG causing funds to be paid to Providers.  Such remittance fees represent the cost to send funds to Providers regardless of the method utilized to do so.  Remittance fees will be deducted from the amounts to be transferred to Providers.  All Fees must be paid in U.S. Dollars.

TGG intends to remit funds earned by Providers to Providers on a weekly basis; provided, however, that TGG reserves the right to change the timing of payment in its sole discretion.  TGG may, at its election, offer Providers the ability to obtain their funds on a more immediate or frequent basis subject to Provider’s payment of any additional processing or transaction fees imposed by TGG from time to time.

The Service Fees (and NIL Fees, if applicable) shall be the sole compensation, in any form, paid by Customer to Provider for Provider’s services and Facilities and must be processed through the App using the Processors.  Without limiting the preceding, Customers may not make any payment or provide any compensation or benefit to Providers other than payment of the applicable Service Fees (and NIL Fees, if applicable) through the App or otherwise take any action intended to circumvent the structure of the transactions contemplated by these Terms through the App.  Customers may not make payment of any amount or provide any compensation or benefit to Providers beyond the amount of the applicable Service Fees (and NIL Fees, if applicable).

In consideration of, among other things, TGG making the Services available and facilitating transactions through the App, each of Provider (other than those affiliated with a TGG-Partner Institution as described below) and Customer agree to pay to TGG a Booking Fee for each transaction between a Provider and Customer, and in the case of Customers, for such other offerings as Customer may agree to receive from TGG or through the App.  The amount of the Booking Fee charged to Provider and Customer for each transaction will be determined by TGG in its sole discretion.  Provider and Customer will be informed of the respective, applicable Booking Fee and must agree to and accept the applicable Booking Fee in the App in order to book a session.  Booking Fees are subject to change by TGG at any time.

Notwithstanding the preceding paragraph, Providers who are at the time of booking either: (1) a collegiate student-athlete at a TGG-Partner Institution, or (2) an employee of a TGG-Partner Institution, are not charged and are not required to pay a Provider Booking Fee for booked sessions.  A “TGG-Partner Institution” is an educational institution with which TGG has a referral, affiliation or other similar agreement in effect relating to the subject matter of these Terms.  TGG shall be entitled, in its sole discretion, and at any time, to determine which institutions, if any, meet the definition of a TGG-Partner Institution, to change the definition of a TGG-Partner Institution, and/or change the terms applicable to TGG-Partner Institutions, including, but not limited to, discontinuation of the same.

Providers and Customers agree that the Booking Fees are determined by TGG in its sole discretion and that the Booking Fees applicable to a particular transaction may not be uniformly offered to users and may differ from session-to-session. 

Other than facilitating payment, TGG has no direct involvement in any transaction between a Provider and a Customer and cannot ensure that any Provider will perform in accordance with the agreed engagement or that Provider’s services, Facilities or equipment will be suitable for each Customer’s needs.  It is acknowledged that TGG has not and undertakes no responsibility to inspect the Facilities or any equipment.  Customers who are age eighteen may directly communicate with potential Providers through the App’s chat function (subject to Provider enabling and agreeing to participate in such communications), prior to booking a session with a Provider.  Except as set forth below, TGG is not responsible for facilitating refunds of Fees between any Provider and Customer. By using the Services, Providers and Customers agree that they are making use of the Services at their own risk.  No refunds will be made for any Fees unless it is confirmed by TGG that the Provider failed to appear to perform the services or, in the case of a collegiate student-athlete, it is determined by TGG that the applicable Provider was, for any reason, ineligible to receive the Service Fee and/or NIL Fee. 

If a Customer cancels a session less than 24-hours prior to the scheduled session time, Customer shall be liable for a cancellation fee in an amount up to the total amount of the Service Fee (to be paid to Provider) and the Customer Booking Fee (to be paid to TGG).

Providers agree that they shall be responsible for the payment of any and all taxes in relation to the transactions contemplated through the App.  Providers will provide to TGG all information and complete, execute and deliver all documents necessary in relation to any and all tax related matters, including as TGG may require to complete and issue the appropriate 1099 to Providers.  Providers are solely responsible for all federal, state, and local taxes with respect to all amounts received in relation to the transactions contemplated through the App.  Providers are advised to consult with their tax advisors as necessary regarding each Provider’s tax obligations.

Providers and Customers acknowledge that content on the App, including, but not limited to, Provider profiles, reviews and ratings, Customer comments, User Content, and other content may be removed and/or deactivated by TGG at any time.

TGG may, in its discretion, elect to offer incentives and/or offer a subscription based model for use of the Services and/or App.  Any additional terms or conditions applicable to the foregoing, including, but not limited to, the applicable Fees, will be set forth either in a revised version of these Terms and/or in a separate agreement to be entered into between you and TGG.

You acknowledge and agree that TGG has the sole discretion to determine the manner in which the Services operate and all terms and conditions applicable to the use of and access to the Services, including, but not limited to, the functionality and overall look-and-feel of the App.  Consistent with the preceding, you agree that TGG may change or modify the App and/or terms applicable to use of or access to the App, suspend use of the App, or temporarily or permanently discontinue making the App available, at any time and from time to time.

Customer agrees, and agrees on behalf of all participants/invitees, that it and they will comply with all Providers’ policies, rules, regulations and directives from time to time in effect.  Customer agrees that it will execute, and will cause each participant/invitee (and the parents or legal guardians of each participant/invitee) to execute and deliver, any liability waivers, terms of use, or other similar documents required by Providers (and those required by TGG) prior to participation in any session, as the same may be made available through the App at the time of booking, at the time of service, or otherwise (collectively, “Waivers”).  The failure of a participant/invitee to fully and validly complete all Waivers will result in the applicable participants/invitees being deemed ineligible to participate in services provided by Provider or to use the Facilities or any equipment, without refund. 

It is TGG’s expectation that the App will in the future be able to be used by Customers to, among other things: (1) schedule the use of various Facilities separate from booking a training session with a Provider, (2) book referees and other officials, (3) obtain certification services relating to athletic data for recruitment, combine, and other similar purposes, (4) arrange for name, image and likeness (“NIL”) opportunities; (5) connect with and book sessions with educational tutors; (6) connect with and book sessions with mental health providers; (7) provide a secondary market for athletic equipment; (8) facilitate the provision of information to institutions and coaches as part of recruiting efforts; and/or (9) locate and register for various athletic camps, clinics and other events, including those which may be provided by third parties and/or TGG.  Terms specific to certain of the preceding offerings are set forth in these Terms even though not yet available or available in only a limited fashion.  When additional offerings are made available and/or additional terms are made a part of these Terms relating to such offerings, these Terms may be updated to include applicable terms specific to the offered services and/or you may be required to enter into a separate agreement with TGG. TGG does not guarantee the implementation or availability of any of the service mentioned in this paragraph.

The terms set forth in this Section apply to NIL services provided by collegiate student-athlete Providers. Compensation paid to student-athlete for NIL services (the “NIL Fee”) shall be processed through the App as well. The NIL Fee must be paid in full by Customer at the time of booking, which must be done through the App, and which is also subject to a Customer Booking Fee. Providers, other than those affiliated with a TGG-Partner Institution as described above, shall also be responsible for a Booking Fee. All NIL activities arranged through the App shall be subject to all Regulations (as defined herein), including but not limited to applicable NCAA legislation and NIL guidance. If a proposed NIL activity potentially violates the Regulations, TGG reserves the right to cancel the proposed booking, withhold payment, or otherwise take action to prevent the violation. Each collegiate student-athlete who is requested to perform NIL activities is solely responsible for complying with all institutional policies and rules regarding the same, including, but not limited to, as applicable, obtaining permission from the institution and providing information, data, and reports to the institution. TGG reserves the right to disclose data and information regarding collegiate student-athlete NIL activities to Provider’s institution without notification to or consent of the applicable Provider.

When receiving services from a Provider, a participant’s athletic, performance, height, weight and other measurables, and all other related or similar information or data (collectively, “Athlete Data”), may be collected, stored, updated and processed by TGG. No Athlete Data, unless it is otherwise publicly available, will be disclosed by TGG unless Customer consents to such disclosure. Notwithstanding the foregoing, Customer acknowledges and agrees that anonymized, de-identified, and/or aggregated Athlete Data, which will not identify any particular individual, may be disclosed to third parties or made publicly available without consent. Additional fees may apply and be charged by TGG for the collection, storage, processing, and sharing of Athlete Data. In addition, TGG may, in its discretion, at the request of Customer, certify certain Athlete Data for an additional fee.

The App may from time to time include the ability to post listings as a secondary market for the sale of athletic equipment. TGG will have the discretion to determine who may post listings using the App and the terms and conditions applicable to such transactions, including, but not limited to, the manner and method of payment for goods, payment of sales tax, the amount and payment of transaction fees due to TGG, and delivery/shipping of purchased goods, all of which shall be included either in a revised version of these Terms and/or a separate agreement to be entered into with TGG. Sellers acknowledge and agree that they own all goods posted free and clear of all liens and claims and have the authority to sell the goods. Sellers and buyers acknowledge and agree that TGG’s role in any purchase and sale transaction is limited to providing a marketplace for and facilitating such transactions, and that TGG is not the owner of any goods, has not inspected any goods, makes no representations or warranties regarding the useability, suitability, quality, or condition of the goods, all of which are transacted “as is, where is, with all faults” and there are no refunds. Buyers are directed to read all listings and descriptions and view all photographs (and ask any questions directly to seller through the App) carefully before agreeing to purchase any goods. Sellers and buyers agree to process all transactions through the App and may not take any actions designed to circumvent the use of the App.

For each session booked through the App, Providers agree that TGG intends to, but shall not be required to, procure a session-specific insurance policy through an insurer selected by TGG. Where TGG procures such insurance for Providers affiliated with a TGG-Partner Institution as described above, Customer agrees that it is solely responsible for the cost of each such session-specific insurance policy which is procured, which shall be included as part of the Customer Booking Fee. Where TGG procures such insurance for Providers not affiliated with a TGG-Partner Institution as described above, Provider agrees that it is solely responsible for the cost of each such session-specific insurance policy which is procured, which shall be included as part of the Provider Booking Fee.

Following each session, Providers and Customers will have the ability to provide a review or rating for those with whom they have transacted, including, but not limited to, parents and legal guardians and participants/invitees. The ratings will be able to be viewed by those who are registered to use the App and are intended for and are to be used solely for the purposes of selecting those with whom registered Providers and Customers desire to transact. TGG takes no responsibility and assumes no liability for any review or rating posted by you or any Provider or Customer and has no liability for any action or inaction taken by TGG in response to such comments.

Where Provider is performing services to one or more individuals under the age of eighteen, at least one parent or legal guardian of each participating individual must be present and observing at all times during the session.

PROVIDERS, AS PART OF THEIR COACHING, TRAINING, AND OTHER INSTRUCTIONAL SERVICES, MAY PROVIDE INFORMATION AND SUPPORT RELATING TO AREAS SUCH AS HEALTH, FITNESS AND NUTRITION. HOWEVER, NEITHER WE NOR ANY PROVIDERS ARE LICENSED MEDICAL PROVIDERS. ANY INFORMATION, SUGGESTIONS OR OPINIONS PROVIDED TO A CUSTOMER BY A PROVIDER ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL OR MEDICAL ADVICE OR COUNSELING. CUSTOMER SHOULD CONSULT WITH HIS/HER PHYSICIAN (AND MUST DIRECT ALL OF THOSE WHO ATTEND ANY OF THE SERVICES PROVIDED BY PROVIDER THAT THEY MUST) PRIOR TO BEGINNING ANY ATHLETIC, FITNESS, TRAINING OR NUTRITION PROGRAM OR OTHERWISE TAKING ANY ACTION BASED, OR IN RELIANCE, UPON THE INFORMATION, SUGGESTIONS OR OPINIONS PROVIDED TO A CUSTOMER. CUSTOMER AND EACH ATTENDEE IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER HE/SHE CAN SAFELY BEGIN AN ATHLETIC, FITNESS, TRAINING OR NUTRITION PROGRAM OR OTHERWISE TAKE ANY ACTION BASED, OR IN RELIANCE UPON, THE INFORMATION, SUGGESTIONS OR OPINIONS PROVIDED. EVERYONE IS DIFFERENT, AND THUS WE MAKE NO GUARANTEES OR WARRANTIES THAT THE INFORMATION, SUGGESTIONS OR OPINIONS PROVIDED BY ANY PROVIDER TO CUSTOMER IS SUITABLE OR WILL MEET CUSTOMER’S REQUIREMENTS OR ENABLE CUSTOMERS TO ACHIEVE ANY PARTICULAR ATHLETIC, HEALTH, FITNESS OR OTHER GOALS. NOT ALL CUSTOMERS OR ATTENDEES WILL ACHIEVE THE SAME OR SIMILAR RESULTS. EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON A VARIETY OF PERSONAL FACTORS INCLUDING, BUT NOT LIMITED TO, GENETIC MAKE-UP, METABOLISM, CURRENT PHYSICAL CONDITION, DEDICATION AND MOTIVATION.

PROVIDERS MAY NOT PROVIDE ANY SERVICES FOR WHICH A LICENSE IS LEGALLY REQUIRED UNLESS PROVIDER HAS SUCH LICENSE AT THE TIME OF PERFORMANCE OF THE SERVICES. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO REQUEST AND OBTAIN FROM PROVIDER DOCUMENTATION TO CONFIRM COMPLIANCE WITH ANY LICENSING REQUIREMENTS. TGG UNDERTAKES NO EFFORTS TO CONFIRM THE SAME OR TO ENFORCE THE TERMS OF THIS PARAGRAPH. TGG MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMERS REGARDING PROVIDER’S COMPLIANCE WITH LICENSING REQUIREMENTS, AND THUS WILL HAVE NO LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES IN ANY WAY RELATING TO THE SAME.

To use the App and/or otherwise utilize the Services, you must create an account and register using an email address and password. When you register to create an account, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to notify TGG immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by TGG or any other person or entity due to another person using your account or password. You may not transfer or assign your account. You have the right to cancel your account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account is your sole right and remedy with respect to any dispute you may have with us.

All information we collect on the App and/or as part of the Services is subject to our Privacy Policy https://procampstest.confettidg.com/private-policy/, which is incorporated herein by reference. By using the App and/or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

At the time of registration, Providers and Customers must provide the names of and contact information for their emergency contacts. TGG may contact one or more emergency contacts and/or provide the names and contact information of any emergency contacts to third parties in the event of an emergency or other similar situation.

TGG may monitor the integrity of the App and Services and may take steps to protect the App and Services as determined by TGG in its sole discretion. If TGG believes that a Provider or Customer is attempting to interfere with the operation of the App or Services, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a service on the App, then, without limiting any other rights, TGG reserves the right to do any or all of the following: (a) remove any or all of the applicable Provider’s and/or Customer’s information and listings from the App and/or Services; (b) cancel any or all of the applicable Provider’s and/or Customer’s sessions or transactions pending through the App and Services; (c) withhold any amounts due to the applicable Provider and/or Customer; (d) place limits on an applicable Provider’s and/or Customer’s privileges; (e) charge the applicable Provider and/or Customer for costs, expenses and fees incurred by TGG as a result of the applicable Provider’s and/or Customer’s actions (by, among other ways, processing charges against the applicable Provider’s and/or Customer’s credit card or other account information provided to us); (f) notify law enforcement of the fraudulent activity; and (g) temporarily or permanently suspend the applicable Provider’s and/or Customer’s account.

By using the App and/or Services, you agree not to do any of the following:

  1. use our Services to solicit sales outside of TGG or to contact any Provider, Customer and/or other user of the Services;
  2. use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
  3. upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  4. engage in abusive treatment of others or any TGG employee;
  5. create a false identity for the purpose of misleading others or impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
  7. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  8. upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  9. violate any applicable local, state, national or international law;
  10. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
  11. delete or revise any material posted by any other person or entity;
  12. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
  13. harvest or otherwise collect information about others, including e-mail addresses;
  14. use TGG’s Intellectual Property (defined below) without our written permission;
  15. upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  16. use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
  17. take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
  18. attempt to gain any unauthorized access to the App or the Services, including computer systems, software, or networks; or
  19. do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts the App.

TGG reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your account. TGG may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy or applicable law, TGG reserves the right at all times to disclose any information as TGG deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TGG’s sole discretion. You also agree to reimburse TGG for any damage, loss, cost or expense TGG incurs (including, but not limited to, fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the App and other Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of TGG or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws.

All content associated with the App and Services is the exclusive property of TGG and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.

TGG grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the App, the Services, or any other content available via the App or the Services. All rights not expressly granted to you in these Terms are reserved and retained by TGG.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App or Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by us. Any use of the App or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

If you engage in communications though the App’s chat function or otherwise, or provide us with any text, graphics, photos or other materials or content (except for Personal Information as defined under applicable law) (collectively, “User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content. If TGG does decide, in its sole discretion, to attribute User Content to you, you hereby grant TGG the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to TGG doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content.

You agree that TGG (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content, even if TGG receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.

You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to TGG under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; (g) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate these Terms and the lawful functioning of the Services.

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to TGG, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TGG is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TGG shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) TGG may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TGG without any obligation of TGG to you; (f) TGG is free to use any ideas, concepts, or techniques that you send TGG for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you are not entitled to any compensation or reimbursement of any kind from TGG under any circumstances.

You shall, to the fullest extent permitted by law, indemnify, defend and hold TGG and our affiliates and their respective principals, officers, directors, agents, employees, representatives, successors and assigns, harmless from and against any and all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, including but not limited to your User Content, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree; or (f) the Provider’s services, Facilities or equipment provided to Customer and/or any participant/invitee. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms and your use of the App and Services for any reason.

Providers, Customers and any other users of the App or Services acknowledge and agree that TGG – unless expressly provided otherwise in these Terms – provides a marketing platform and facilitates transactions between Providers and Customers only, and is not itself performing any services or offerings. Accordingly, you covenant, to the fullest extent permitted by law, not to sue TGG, and agree that you will not hold TGG responsible for the actions or inactions of Providers, Customers and/or any participants/invitees. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of any services provided under these Terms. If you have a dispute with one or more users, as a Provider or Customer, you release and covenant not to sue TGG, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

TGG AND/OR OUR THIRD PARTY VENDORS, SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. TGG PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE APP AND THE SERVICES WITHOUT NOTICE. FURTHER, TGG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APP OR THE SERVICES. TGG SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE APP OR THE SERVICES.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND ”AS AVAILABLE” BASIS. TGG (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTY OR GUARANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES, ANY ITEMS, ANY USER CONTENT, OR THAT PROVIDERS OR CUSTOMERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

YOU FURTHER AGREE THAT YOU ARE MAKING USE OF PROVIDER’S SERVICES, FACILITIES, AND EQUIPMENT, AND PURCHASING ALL GOODS, AT YOUR OWN RISK, AND THAT YOU FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL RISKS, AND THE POSSIBILITY OF ANY AND ALL INJURIES, LOSSES AND DAMAGES RESULTING THEREFROM. SPECIFICALLY, YOU UNDERSTAND THAT PHYSICAL ACTIVITY AND PARTICIPATION IN ANY ATHLETIC TRAINING PROGRAMS AND THE USE OF ATHLETIC FACILITIES AND EQUIPMENT AND THE USE OF PURCHASED SPORTING GOODS, BY THEIR NATURE, CARRIES WITH IT CERTAIN RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES. THESE RISKS CAN COME FROM CAUSES WHICH ARE MANY AND VARIED AND WHICH MAY NOT EVEN BE PRESENTLY FORESEEABLE. THE SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER, BUT IN EACH ACTIVITY THE RISKS RANGE FROM MINOR INJURIES SUCH AS BRUISES AND SPRAINS, TO MAJOR INJURIES SUCH AS JOINT OR BACK INJURIES AND HEART ATTACKS, TO CATASTROPHIC INJURIES SUCH AS DEATH. YOU ALSO ACKNOWLEDGE THAT YOU MAY BE UNDER AN INCREASED RISK DUE TO YOUR PAST AND CURRENT MEDICAL AND HEALTH CONDITION. YOU FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), COSTS, OR DAMAGES THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST TGG OR ITS AFFILIATES AND THEIR RESPECTIVE PRINCIPALS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”), WAIVE ALL SUCH CLAIMS AND AGREE NOT TO BRING ANY ACTION OR SUE ANY OR ALL OF THE RELEASEES FOR SUCH CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), COSTS, OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR ACCESS TO, OR USE OF, THE APP, PROVIDER’S SERVICES, FACILITIES AND EQUIPMENT, AND PURCAHSED SPORTING GOODS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF ANY PROVIDER OR ANY OR ALL OF THE RELEASEES; (B) AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS RELATING TO AND DAMAGES, LOSSES, JUDGMENTS OR OTHER LIABILITIES TO THE PROPERTY OR DATA OF ANY PARTY, RESULTING FROM PROVIDER’S SERVICES, FACILITIES OR EQUIPMENT, OR PURCHASED SPORTING GOODS, OR YOUR ACCESS TO, USE OF, AND/OR INABILITY TO USE, THE APP OR THE INFORMATION OR CONTENT INCLUDED ON THE APP; AND (C) AGREE THAT IF YOU ARE DISSATISFIED WITH THE PROVIDER’S SERVICES, FACILITIES OR EQUIPMENT, APP, OR INFORMATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROVIDER’S SERVICES, FACILITIES AND EQUIPMENT, AND THE APP AND SERVICES.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TGG (INCLUDING OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD TGG RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA. LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM (A) THE USER CONTENT YOU PROVIDE USING THE SERVICES, OR CONTENT OF THIRD PARTIES (B) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR USE THE SERVICES, OR RELIANCE ON THE SERVICES; (C) PRICING, FORMAT, LEGAL OR OTHER COMPLIANCE OR OTHER GUIDANCE PROVIDED BY TGG, (D) DELAYS OR DISRUPTIONS IN OUR SERVICES, (E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICES OR THOSE OF ANY APP, WEBSITE, SERVICES, OR TOOLS LINKED TO OUR SERVICES; (F) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES, (G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY SERVICE, (H) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS, (I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT, (J) THE DURATION OR MANNER IN WHICH ITEMS YOU APPEAR ON THE SERVICES, OR (K) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES. UNDER NO CIRCUMSTANCES SHALL TGG, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (K) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF TGG, EVEN IF TGG WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF TGG, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF TGG, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, TGG AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES WHICH YOU PAID THROUGH THE APP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.00.

You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the App or Services, will be resolved in accordance with the provisions set forth in this Section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TGG HAVE AGAINST EACH OTHER ARE RESOLVED.

You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of Kansas, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and TGG. Legal notices shall be served on TGG’s as follows: 205 Running Ridge Road, Lawrence, KS 66049 (in the case of TGG) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

You and TGG each agree that any and all disputes or claims that have arisen or may arise between you and TGG relating in any way to or arising out of the Terms or your use of the Services shall be resolved exclusively through final and binding arbitration. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.

IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

YOU AND TGG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TGG AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TGG USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND TGG’S RIGHT TO APPEAL THE COURT’S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to TGG must be sent to 205 Running Ridge Road, Lawrence, KS 66049. TGG will send any Notice to you to the physical address we have on file associated with your TGG account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and TGG are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or TGG may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed form to the opposing party. You must send a copy to TGG at the following address: 205 Running Ridge Road, Lawrence, KS 66049. In the event TGG initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your TGG account. Any settlement offer made by you or TGG shall not be disclosed to the arbitrator.

The arbitration shall be held in Lawrence, Kansas or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TGG may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TGG, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you and/or TGG may attend by telephone, unless the arbitrator requires otherwise. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt-out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms for the first time (i.e. your first date of using the Services). You must mail your Opt-Out Notice to: 205 Running Ridge Road, Lawrence, KS 66049. Your Opt-Out Notice should state that you opt-out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the TGG account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

If you are a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TGG’s Copyright Agent with the following information in writing, (pursuant to 17 U.S.C. 512(c)(3)):

  1. The 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 are covered by a single notification, a representative list of such works;
  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 TGG, the service provider, to locate the material;
  4. Information reasonably sufficient to permit TGG to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement by you that you have 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, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must provide notice of claimed infringement to TGG’s designated Copyright Agent at 205 Running Ridge Road, Lawrence, KS 66049 and by Email: support@thegoodgame.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:

  1. Your physical or electronic signature;
  2. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the United States District Court, District of Kansas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If TGG’s Copyright Agent receives a counter-notice, TGG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at TGG’s sole discretion.

When you use the App and/or Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the App, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed given and received on the date we transmit any such electronic communication.

For your convenience, certain hyperlinks may be provided on the App or Services that link to other applications, websites or social media platforms that are not under the control of TGG (the “Linked Websites”). TGG does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. TGG disclaims all liability for the Linked Websites, for all access to and use thereof, and for use of the links to the Linked Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against TGG arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the App or Services do not imply that: (a) TGG is affiliated or associated with any Linked Website; (b) TGG is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of TGG.

You acknowledge that if information, material, or functionality regarding the App or Services is provided by third party content providers (“Third Party Materials”), TGG has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. TGG does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with TGG.

The NCAA sponsors neither TGG nor the Services. As you are responsible for your own activities in connection with your use of the Services, you are responsible for knowing and complying with all legislation, rules, regulations, and laws or similar rules, regulations and laws that may be promulgated from time to time by the National Collegiate Athletic Association, any successor organization or any athletic conference, league and/or other athletics governing body of which a collegiate student-athlete Provider’s institution is a member (collectively, “Governing Bodies”), as well as any applicable rules, regulations or policies of the athletics, athletics compliance, or any other department of the Provider’s collegiate institution (collectively, the “Regulations”). If you act in violation of the Regulations, we may take reasonable steps in response, including, but not limited to, terminating your account and/or access to the Service and/or reporting such conduct to the Governing Bodies, Provider’s collegiate institution and/or other appropriate authorities or entities. TGG does not knowingly promote any violations of Regulations or applicable law. TGG reserves the right to disclose data and information regarding collegiate student-athlete Providers to the applicable Provider’s institution without notification to or consent of the applicable Provider.

NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYER-EMPLOYEE OR FRANCHISOR-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THESE TERMS, YOUR USE OF THE SERVICES, OR THE PROVISION OF OUR SERVICES. ALL PROVIDERS, SELLERS AND OTHERS WHO TRANSACT THROUGH THE APP ARE INDEPENDENT CONTRACTORS. NO PROVIDER, SELLER OR OTHER USER OF THE APP WILL HAVE ANY RIGHTS, POWER OR AUTHORITY TO ACT OR CREATE AN OBLIGATION, EXPRESS OR IMPLIED, ON BEHALF OF TGG.

In order to register for and use the App and provide services to Customers through the App, Provider must agree to be bound by and shall at all times comply with the terms of TGG’s Code of Conduct (available by request: support@thegoodgame.com), as the same may be amended and/or replaced from time to time.

If a Provider is under the age of 18, Provider’s parent or legal guardian must agree to and is hereby agreeing these Terms for himself or herself and on behalf of the Provider.

Providers agree that in order to provide services to Customers through the App, TGG may from time to time require Providers to submit to one or more background checks to be performed by third-party providers.  Providers agree to provide all information required by such third-party providers, and agree to consent to all terms and conditions required by any such third-party provider in order to perform such background checks.  Provider acknowledges and agrees that the results of such background checks shall be provided to TGG and that if TGG is not satisfied with the results for any reason, TGG may, in its sole discretion, refuse to permit Provider to offer and provide services through the App.

The U.S. Center for SafeSport has enacted policies and procedures applicable to U.S. Olympic and Paralympic Movement organizations and affiliated individuals (the “SafeSport Rules”). Provider agrees that if the SafeSport Rules apply to Provider and/or the services to be provided by Provider, Provider has successfully completed all required certification, training, and education requirements under, and will comply with all, SafeSport Rules. It is the responsibility of the Customer to request and obtain from Provider documentation to confirm compliance with SafeSport Rules. TGG undertakes no efforts to confirm the same or to enforce the terms of this Section. TGG makes no representations or warranties to Customers regarding Provider’s compliance with SafeSport Rules, and thus will have no liability for any claims, damages or losses in any way relating to the same.

You consent to the App using geo-location services during a session or other use of a Provider’s services or Facilities.

Providers and Customers agree to at all times comply with all applicable laws, rules, and regulations in connection with use of the Services and in their dealings with TGG and one another.  Providers and Customers agree not to engage in a discriminatory acts or conduct in their dealings with one another.

These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and TGG relating to your use of our Services, and supersede all prior understandings and agreements between us. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by TGG shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. TGG may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of TGG, which we can refuse in our sole discretion. You may not enter into any contract on our behalf or bind us in any way. The terms and conditions set forth in these Terms are for your benefit only, not for the benefit of any third party except as expressly set forth herein and except for TGG’s permitted successors and assigns. These Terms are governed by the laws of the State of Kansas, USA, without regard to conflicts of laws provisions and, except as described in Section 18, exclusive venue is in the federal and state courts located in Douglas County, Kansas, USA. By using the App and/or Services and by engaging in transactions using the App and/or Services, you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside or your principal office is located.

Last Updated: October 13, 2023

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button-play-store
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Qr-thegoodgame-app