Terms of Use

Updated October 6, 2025
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “RESOLVING DISPUTES BETWEEN YOU AND SPORTSENGINE,” WHICH REQUIRES THAT CERTAIN DISPUTES BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.
Welcome to SportsEngine, we are the Home of Youth Sports™ and the world’s leading provider of Sport Relationship Management (SRM) software, empowering athletes, parents, coaches, and sports organization administrators with tools and services to manage their organizations and sports lives. The SportsEngine Services are made available to you by SportsEngine, LLC, and its affiliated companies (including successors & assigns, “SportsEngine,” “we,” “us” or “our”).   
SportsEngine is part of Versant Media, LLC (“Versant”).
These Terms of Use (“Terms,” “Terms of Use,” or “TOS”) set out the agreement between you and SportsEngine regarding how you can use the SportsEngine Services, and what responsibilities you and SportsEngine have to each other. These Terms of Use contain important information regarding your legal rights.  By using the SPORTSENGINE services, you accept and agree to be bound and abide by these TERMS OF USE and our Privacy Policy, which describes how we collect, use, and share information from or about you when you use the SportsEngine Services and is incorporated herein by reference. Please read them carefully. Capitalized terms not otherwise defined in the body of these Terms are defined in Section 2 below.
1. GENERAL
1.1       General.  We provide a number of online and mobile products and services that you can view, access and use via our websites, mobile apps, software, content, or other online products and services (including all Content therein, the “SportsEngine Services”), including without limitation team, league, tournament or other pages and applications hosted on or provided by SportsEngine that are subject to and governed by these Terms of Use. We operate worldwide across a number of sports. As of the date stated above, our brands and the SportsEngine Services include: SportsEngine AES, SportsEngine HQ, SportsEngine Motion, SportsEngine Play, and SportsEngine Tourney.
1.2       Acceptance of the Terms of Use. You may access the SportsEngine Services in accordance with these Terms of Use. You represent that you have read, understood, and agree to be bound by these Terms of Use in connection with your access to and/or use of any of the SportsEngine Services. If you do not agree to these Terms of Use, you may not access or use the SportsEngine Services. By using the SportsEngine Services, you will be deemed to have agreed to the Terms of Use.
1.3       Eligibility.
1.3.1           The SportsEngine Services are for users who are 18 years of age or older and reside in the United States (including its territories and possessions), those in Canada who have reached the age of majority in their province or territory, or those outside the United States and Canada who, to the maximum extent permissible under applicable law, consent to use the SportsEngine Services in accordance with U.S. laws and these Terms of Use. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.  We reserve the right to refuse to provide the SportsEngine Services to anyone for any reason at any time. Some of the features of the SportsEngine Services are location-based services, so in order to access these you will be required to turn-on your location settings within your device. If you do not turn on these settings, you will not be able to access or use some of the SportsEngine Services. Your location will be tracked and treated in accordance with our Privacy Policy.
1.3.2           SportsEngine without any liability to you and in its sole discretion may suspend your Account at any time and require proof that you meet any eligibility criteria under these Terms of Use. Failure to comply and/or provide proof, will result in the closure of your Account without any further liability on the part of SportsEngine (including refunds of any monies held within your Account).
1.3.3          You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms of Use and perform your obligations hereunder, and nothing contained in these Terms of Use or in the performance of such obligations will place you in breach of any other contract or obligation.
1.3.4           By accessing or using the SportsEngine Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria) and are not an individual or entity that is, or is owned or controlled by, any individual, entity, group, organization, or government that is the subject or target of any sanctions administered or enforced by Canada; and (ii) your access to and use of the SportsEngine Services will comply with the United States export control and economic sanctions requirements and the export and import controls under the laws and regulations of Canada.
1.4       Additional Terms.  In addition to the terms of these Terms of Use, and depending on what type of user you are, other terms may also apply to your access and use of the SportsEngine Services:
1.4.1     Organization Terms & Privacy Policy. Where you are accessing or using the SportsEngine Services because you are a User of an Organization, you acknowledge and agree that your access and use will be subject to any designated Terms & Conditions imposed by the Organization, and any personal information uploaded or provided by the Organization to SportsEngine in connection with the SportsEngine Services will be subject to the Organization’s Privacy Policy.
1.4.2     SportsEngine Privacy Policy.  Where you are accessing or using the SportsEngine Services because you are a User of an Organization, including an Administrator, you acknowledge and agree that SportsEngine’s collection and use of information from or about you when you use the SportsEngine Services shall be governed by our Privacy Policy. You also agree that, where relevant, with regard to any information or documents you upload to SportsEngine that are required for eligibility determinations for any leagues or tournaments you wish to enter – including birth certificates, medical waivers, or proof of vaccination – you are specifically directing SportsEngine to share that information with the relevant Organization that requested the information and all additional entities that are required to review it to determine eligibility for the sport, league or tournament, subject to each recipient’s privacy policy.
1.4.3     Background Screening Services. Where you use background screening services, which are provided by SportsEngine affiliate the National Center for Safety Initiatives, LLC (“NCSI”), you acknowledge and agree that your use of such services will be subject to NCSI’s Terms and Conditions and Privacy Policy. NCSI provides these services separately and independently.
1.5       Modifications. YOUR ACCESS TO OR USE THE SPORTSENGINE SERVICESIS GOVERNED BY THE THEN-CURRENT TERMS OF USE. We reserve the right, at our sole discretion, to modify these TOS any time by posting the amended TOS here with an updated “Last Updated” date above. If the changes include material changes that require notice under applicable law, we will notify you of the changes as required by law, which may include, but is not limited to, notification through the SportsEngine Services or via email. Your continued access or use of the SportsEngine Services after we post changes to these Terms of Use will be deemed acceptance of these Terms of Use as modified, or, if notice is required by law, after such notice to you unless you accept the modified Terms of Use earlier.  If you do not agree to the new Terms of Use, you may not use the SportsEngine Services. We encourage you to check back here for any such changes from time to time.
1.6       Account Registration. You may be asked to provide registration information in order to access some of the SportsEngine Services.  You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The SportsEngine Services and any usernames or passwords you use to access the SportsEngine Services ("Passwords") are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the SportsEngine Services. You may terminate your account for any reason or no reason, provided that termination of your account may impact your ability to access and use certain SportsEngine Services. We have the right to disable your Account or password, whether chosen by you or allocated by us, at any time for any reason, including if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or if we (or the applicable Organization) know or suspect that anyone else knows or is using your credentials.
 
2. DEFINITIONS 
The SportsEngine Services are aimed at the following categories of users:
Organization
The organization is the sports governing body, federation, league, team, club or similar entity or organization, that accesses or uses the SportsEngine Services. 
 
Administrator(s)
 
The person(s) nominated by the Organization that has control over the use and overall administration of the Organization’s use of the SportsEngine Services and includes anyone else who is given administrative access to the SportsEngine Services. 
 
 
Users
 
End users of any of the SportsEngine Services. This includes account holders, athletes/players/participants (if over 18 or age of majority in the jurisdiction where they reside), parents and guardians, members, coaches, sports officials, Administrators, volunteers, managers or any other person who views, accesses and uses the SportsEngine Services or could otherwise be an end-user of the Organization.  
 
Organization Data: means any Personal Data that relates to the Organization’s Members that SportsEngine processes in relation to SportsEngine’s provision of the SportsEngine Services and that is not SportsEngine Data. For avoidance of doubt, Organization Data does not include SportsEngine Data even if the same data was also collected as Organization Data and any such duplicate data relating to the Organization’s Members that SportsEngine processes in relation to SportsEngine’s provision of the SportsEngine Services remains Organization Data.  
 
SportsEngine Data: means information you provide to us directly and independently when using the SportsEngine Services, including but not limited to contact and account registration information, demographics information, interests and preferences, transactional and membership information, user-generated content, audio and video, research and feedback data, and information we collect for business-to-business relationships, including but not limited to business contact information, transactional information, demographics, and due diligence information. SportsEngine Data also includes information we collect automatically from you and / or your device, such as device information and identifiers, connection and usage, data, and geolocation.
 
3.         SERVICES
3.1       Availability of Services.  We grant you a limited, non-sublicensable, non-transferable license to access and use the SportsEngine Services for your personal use, and only in accordance with these Terms of Use. Except as we specifically agree in writing, no element of the Content (defined in Section 4.1 below) may be used or exploited in any way other than as part of the authorized SportsEngine Services made available to you. To the extent the SportsEngine Services make Content available for download, we grant you the right to download such Content onto the device on which you use the SportsEngine Services in compliance with these Terms of Use. We may change, suspend or discontinue any or all of the SportsEngine Services, including any features, products, or functionalities, at any time for any reason without notice or liability to you.  We make no representations or warranties about the quality, accuracy, or availability of the SportsEngine Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.
3.2       Wireless Features. The SportsEngine Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”).  If you use any Wireless Features, you agree that we may send communications to your device.
3.3       Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the SportsEngine Services, and you will be solely responsible for all charges related to them.  Your carrier or internet service provider may charge fees for or restrict certain Wireless Features. 
4. CONTENT
4.1       SportsEngine Content. The SportsEngine Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, website designs and templates, and audio (collectively, “Content”).  As between SportsEngine and you, SportsEngine owns all right, title and interest in and to or has a right and license to use the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the SportsEngine Services and Content, including as incorporated into User-Generated Content.  Except as expressly stated in these Terms of Use, nothing in these Terms of use shall be deemed to convey to you any right, title or interest in or to the SportsEngine Services or Content. To the extent the SportsEngine Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), SportsEngine hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these Terms of Use or any other additional terms and conditions associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User-Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You hereby assign to us of all rights worldwide in the work you create for the duration of copyright in the User-Generated Content, and hereby waive all moral rights in our favor in accordance with applicable law, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment and/or waiver is invalid, your license to create derivative works using our Content is null and void.
4.2       User-Generated Content. The SportsEngine Services may include opportunities for you or others to upload, post, publish, publicly display, transmit or otherwise distribute (“Upload”) text, files, images, photos, audio, video, clips, sounds, musical works, works of authorship, or any other content or materials on or through the SportsEngine Services (“User-Generated Content”). You acknowledge and agree that all User-Generated Content you submit, whether publicly posted or privately transmitted, is your sole responsibility. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User-Generated Content without violation of any third-party rights. Except as may be explicitly requested in connection with particular programs or promotions, SportsEngine is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing SportsEngine properties or not). Except as expressly set forth in these Terms of Use (such as with respect to Feedback), your Organization shall continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by SportsEngine or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us). You are solely responsible for any third-party Content in your User-Generated Content and for the use of the User-Generated Content, including on our platforms and through the SportsEngine Services. We are under no obligation to host or serve any Content or User-Generated Content and reserve the right to remove such Content, your User-Generated Content and/or any other content at our sole and absolute discretion.
4.2.1     License to User-Generated Content. You hereby grant to SportsEngine a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable through multiple tiers (including to other users of the SportsEngine Services), fully paid up, and transferable (in whole or part) worldwide license to use, reproduce, transmit, adapt, prepare derivative works based on, publicly display, publicly perform, exhibit, modify, edit, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, any User-Generated Content (including your name, image, likeness and voice as they appear in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You hereby grant to SportsEngine the right to monetize the Content and any User-Generated Content (and such monetization may include selling or using commercial elements (e.g., pre-roll, mid-roll, post-roll, banner ads and dynamic advertising) on or within such Content or charging users a fee for access). SportsEngine shall retain any and all revenue from the sale or use of such commercial elements. This Agreement does not entitle you to any payments. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above.
4.2.2     Use and Distribution of User-Generated Content. You agree that SportsEngine may give you attribution for you User-Generated Content, but we are not required to do so.  To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users. 
4.2.3     Public Nature of SportsEngine Services. You acknowledge that you upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-Generated Content. Except as required by law, we make no guarantees to remove User-Generated Content from the Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your Account
4.2.4     No Responsibility for User-Generated Content.  SportsEngine is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided under our Infringement Policy.  User-Generated Content may not reflect the views of SportsEngine and we do not endorse any User-Generated Content that you or other users upload. You understand that by using the SportsEngine Services, you may be exposed to User-Generated Content that you may consider to be offensive or objectionable. You acknowledge and agree that you bear the sole risk of reliance on any User-Generated Content available on or through the SportsEngine Services and that we disclaim all liability in connection with User-Generated Content. While you will have access to such User-Generated Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these TOS.
4.3       Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the SportsEngine Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. SportsEngine has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.
4.4       Infringement Policy. If you believes that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content. 
4.5 Accuracy and Completeness of Information. We do not warrant that information made available on or through the SportsEngine Services is accurate, complete, reliable, error-free or current. Occasionally the SportsEngine Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in connection with the SportsEngine Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the SportsEngine Services, except as required by law.
5. RESTRICTIONS; USE OF THE SPORTSENGINE SERVICES
5.1       Prohibited Actions. You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so.  You recognize that Uploading unlawful material could expose you to criminal and/or civil liability. Your privilege to use the SportsEngine Services depends on your compliance with the list of  Prohibited Actions and with the terms of these Terms of Use. If you believe any Content (including User-Generated Content) does not comply with these Terms of Use, including by violating these Terms of Use, rules regarding  Prohibited Actions, or the law, you can report it to us by contacting our support team online or via email at support@sportsengine.com. 
We reserve the right to take any and all steps available to us, including revoking, suspending, or terminating your privileges to access and use all or a portion of the SportsEngine Services and/or take any other appropriate measures to enforce the Agreements.
5.2       Investigations, Monitoring, and User Disputes. SportsEngine may, but is under no obligation to, examine, record, copy and disclose your use of the SportsEngine Services including as necessary to satisfy any law, regulation or governmental request.  We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of or suspect any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users, terminating accounts, suspending and terminating subscriptions to the SportsEngine Services, blocking access to the SportsEngine Services or taking other corrective action we deem appropriate without liability.  You are solely responsible for your use of the SportsEngine Services, User-Generated Content, and any interaction with other users of the SportsEngine Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you, your Organization, its Administrators, Members, and any other users of the SportsEngine Services.
5.3       Termination and Suspension. Termination, suspension or cancellation of your Account, subscription or access to the SportsEngine Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. SportsEngine may, in its sole discretion, elect to Terminate your Account, subscription or access to the SportsEngine Services immediately with or without notice to you, subject to applicable law. Upon such Termination, all rights granted you in these Terms of Use will automatically terminate and immediately revert to us. In the event of such Termination, you shall not be entitled to any refunds unless required by applicable law. Following such Termination, these Terms of Use shall remain in full force and effect with respect to your past and future use of the SportsEngine Services, including all rights granted by you to us. 
6.         REPRESENTATIONS & WARRANTIES.
6.1       You represent and warrant to SportsEngine that: 
6.1.2     you shall comply with all applicable federal, state, provincial/territorial and local laws, rules and regulations;
6.1.4     you are the sole owner of the User-Generated Content and any other intellectual property or materials provided to SportsEngine (including any names, symbols, seals, emblems, logos, insignia, trademarks or other intellectual property) or otherwise has the legal right to Upload and license the User-Generated Content to SportsEngine as set forth in Section 4 of these Terms of Use;
6.1.5     the exhibition, public display, or other use of the User-Generated Content on or through the SportsEngine Services as set forth in these Terms of Use by SportsEngine does not violate the privacy rights, publicity rights, intellectual property or proprietary rights, contract rights or any other rights of any person or entity;
6.1.6     you have obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws) in order to Upload User-Generated Content and for SportsEngine to use, distribute and exercise the rights granted in Section 4 with respect to such User-Generated Content; and
6.1.7      to the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User-Generated Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to SportsEngine, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User-Generated Content posted by you to or through the SportsEngine Services.
7. THIRD PARTY SERVICES & THIRD PARTY PLATFORM PROVIDERS
7.1       Third Party Services. The SportsEngine Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any SportsEngine Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services.  We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the SportsEngine Services.
7.2       Third Party Platform Providers. If you access or download the SportsEngine Services via an Apple, Inc., Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these Terms of Use.  However, these Third-Party Platform Providers are not party to these Terms of Use and have no obligation to provide maintenance and/or support of the SportsEngine Services.  Your access to the SportsEngine Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.            
 
8. DISCLAIMERS & INDEMNIFICATION.
8.1       Disclaimer of Warranties. We make no representations or warranties as to the SportsEngine Services (which, for purposes of this Section 8 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise.  WE PROVIDE THE SPORTSENGINESERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “SPORTSENGINE PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. WITHOUT LIMITING THE FOREGOING, SPORTSENGINE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (i) THE SPORTSENGINE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SPORTSENGINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THE SPORTSENGINE SERVICES ARE FREE OF ERRORS; (iv) THE FUNCTIONS OR FEATURES OF THE SPORTSENGINE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THE SPORTSENGINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTSENGINE MAKES NO WARRANTY THAT IT WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SPORTSENGINE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR WEBSITE, APP, OR SPORTSENGINE SERVICE FOR ANY PARTICULAR LENGTH OF TIME. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SPORTSENGINE SERVICES REMAINS WITH YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOUR ORGANIZATION, THE ABOVE EXCLUSIONS WILL APPLY TO YOUR ORGANIZATION ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  With respect to malfunctioning software, SportsEngine’s entire liability and your sole and exclusive remedy shall be the repair or replacement of the software.
8.2       Limitation of Liability.
8.2.1           IN NO EVENT WILL THE SPORTSENGINE PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH SPORTSENGINE SERVICES OR THIS SUBSCRIPTION AGREEMENT EXCEED (i) THE AMOUNT (IF ANY) ACTUALLY PAID BY you TO SPORTSENGINE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR ORGANIZATION’S USE OF THE SPORTSENGINE SERVICES. FURTHERMORE, NONE OF THE SPORTSENGINE PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SPORTSENGINE SERVICES.  THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF SPORTSENGINE  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.
8.2.2           BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SPORTSENGINE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPORTSENGINE AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
8.2.3           YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCURS ARISING OUT OF THE ACTS OR OMISSIONS OF THE SPORTSENGINE PARTIES OR YOUR USE OF THE SPORTSENGINE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SPORTSENGINE SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT. 
8.3       Indemnification.  To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the SportsEngine Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of the Agreements, violation of applicable law, or infringement of a third party’s rights; (ii) User-Generated Content; and/or (iii) your use of the SportsEngine Services or any use of your account via the SportsEngine Services. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
9.         Resolving Disputes Between You and SportsEngine
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
Informal Dispute Resolution. Most disputes between you and SportsEngine arising from or relating to the Services or these Terms  (“Disputes”) can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration, except as set forth in in the Exceptions paragraph below (“Informal Dispute Resolution”). This requires emailing dispute.resolution@versantmedia.com  a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with SportsEngine; (3) a detailed description of the issue; and (4) how you’d like to resolve it.  You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to dispute.resolution@versantmedia.com, while the parties attempt informal resolution.
The Written Notice must be provided on an individualized basis and you and SportsEngine agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute, with that meet and confer being individualized unless all parties agree otherwise.  If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend. 
If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and SportsEngine agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below. 
Agreement to Arbitrate. If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”). 
The parties agree that this Arbitration Agreement is made pursuant to a transaction in interstate commerce and is governed by the Federal Arbitration Act (“FAA”).  The arbitration will be administered by National Arbitration and Mediation (“NAM”).  If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.
In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and SportsEngine, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement. 
Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and SportsEngine further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.
WAIVER OF RIGHTS INCLUDING JURY TRIAL. 
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND SPORTSENGINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.
YOU AND SPORTSENGINE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF SPORTSENGINE PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.
With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” or the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor SportsEngine shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or SportsEngine from participating in a class-wide settlement of claims.
Arbitration Rules. Except as modified by this Arbitration Agreement, NAM will administer any arbitration in accordance with the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.
Except where prohibited by applicable law, the arbitrator shall apply the law of the state of New York without giving effect to any law that would result in the applicable of the law of any other jurisdiction.  You and SportsEngine agree that dispositive motions will be allowed in the arbitration. 
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and SportsEngine submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise.  If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. 
Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise.  Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and SportsEngine agree otherwise, in the event there is an in-person proceeding:
if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state;
if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in New York, New York.  
Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against SportsEngine within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by SportsEngine and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that this process of batched proceedings  shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with SportsEngine and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the efficient resolution of all filed claims, you and SportsEngine agree that NAM may increase the batch size or transfer cases between batches as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process. 
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these Terms, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:
·      Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) shall be exclusively brought in the state and federal courts located in the City and County of New York, New York.
·      Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
·      Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
·      Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.
 
30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt out to the following address: dispute.resolution@versantmedia.com. The notice must be sent within 30 days of October 6, 2025 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the arbitration provisions, SportsEngine also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law. 
Changes to this Arbitration Agreement. SportsEngine will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims are subject to the revised clause. If SportsEngine changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to dispute.resolution@versantmedia.com before the 30-day period expires.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND SPORTSENGINE THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Jury Trial Waiver
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPORTSENGINE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPORTSENGINE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.
10.       ADDITIONAL TERMS
10.1       Applicable Law.  To the extent permitted by applicable law, these Terms of Use, any additional terms, any Agreements, and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the SportsEngine Services or these Terms of Use. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
10.2       Jurisdiction and Venue.  Any disputes or claims relating to or in connection with these Terms that are not subject to arbitration will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
10.3     Notice for California Users.  Under California Civil Code Section 1789.3, California users of the SportsEngine Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.
10.4     No Waiver.  No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.
10.5     Severability.  Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
10.6     Entire Agreement.  These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
10.7     Assignment.  These Terms of Use are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.  You shall not assign your rights or obligations hereunder without our prior written consent and any assignment without our consent shall be void and invalid at the outset.
10.8 Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
10.9 Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these Terms of Use. 
10.10 Non-breach. Our failure to comply with these Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms of Use.
10.11 Survival. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 8, rules regarding dispute resolution in Section 9, and the general provisions in this Section 10. 
10.12 Contact Us. If you have any questions or concerns about these TOS, or to report any violations of these TOS, please contact us at support@sportsengine.com.
11. SUPPLEMENTAL TERMS: Subscription Services; Charges & Fees; Automatic Renewal and Payment Method; Cancellations and Refunds; Trial Periods/Promotional Offers. 
11.1      We may provide some of the SportsEngine Services to you free of charge, while other SportsEngine Services require you to sign up for a subscription and pay a periodic subscription fee (e.g., monthly or annually (the “SportsEngine Subscription Services”). The following Supplemental Terms apply to your use of the SportsEngine Subscription Services. By using any of our SportsEngine Subscription Services that we may offer currently or in the future, you agree to the terms and conditions in these Terms of Use and these Supplemental Terms. 
11.2     Account. You must have a valid SportsEngine account to access or purchase a SportsEngine Subscription Service subscription (“Subscription”). By registering an account with us and using the SportsEngine Subscription Services, you confirm that the information you provide during the registration process, including all identification, billing and credit card information, as well as the information already stored in the SportsEngine Services about you, is accurate. You agree to update such information promptly if it changes. Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Account or Subscription and refuse any and all current or future use by you of any of the SportsEngine Services. You agree not to register or subscribe for more than one Account, create an Account on behalf of someone else or create a false or misleading identity on any of the SportsEngine Services.
11.3     Charges & Fees. 
(a)        Subscription Period. Your Subscription will provide you with access to all of the content and benefits relating to the level of Subscription you select for the period provided during sign-up (“Subscription Period”). 
(b)        Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access your Subscription. All Subscription fees are non-refundable, subject to applicable law. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) for payment. If there is a problem charging your default payment method, we may charge any other valid payment method associated with your Account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the SportsEngine Services.
(c)        Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice and communicated to you through a posting on the SportsEngine Services or such other means as we may deem appropriate from time to time (including email). Such price increases will be applied on a prospective basis and you will be notified about the increase. 
11.4     Automatic Renewal. If you purchase a Subscription, you agree that your Subscription will be automatically renewed for another Subscription Period (for example, monthly or annually) at the then-current price for such Subscription and, except as otherwise stated in the applicable Supplemental Terms, unless you cancel your Subscription, you authorize us to charge your Payment Method for the next Subscription Period. If you terminate a Subscription, you will be responsible for the full amount of the subscription fees for the Subscription Period in which your termination was effective. 
11.5     Cancellation & Refunds. You may cancel your Subscription at any time via the methods outlined below. Subscription fees are non-refundable, subject to applicable law. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. You can cancel your Organization’s subscription via the following methods: (1) by contacting customer service via email (support@sportsengine.com); or (2) by such other means as we may provide from time to time. For SportsEngine Play Subscriptions, you can also cancel your Subscription via your Account settings. If you cancel near the end of your billing period and are inadvertently charged for the next Subscription Period's fee, contact customer service to have the charges reversed.
11.6     Trial Periods. We may provide a limited free trial period (“Trial Period”) to certain users regarding certain SportsEngine Subscription Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to additional terms and conditions. If we provide you with access to a Trial Period, then you must provide valid payment method information in order to use the applicable SportsEngine Subscription Services during the Trial Period. We will not charge you for those SportsEngine Subscription Services subject to a Trial Period. If you do not cancel the applicable SportsEngine Subscription Services by the end of your Trial Period, you authorize us to automatically charge your payment method for SportsEngine Subscription Services subsequent to the Trial Period (e.g., for each of the following payment periods for a SportsEngine Subscription Service until terminated). You may cancel your SportsEngine Subscription Services by logging into your Account and visiting the “Subscription” section of your Account Settings page. WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for a SportsEngine Subscription Service before you must begin paying for that SportsEngine Subscription Services. If you exceed this limit, we may charge your chosen payment method for any Trial Period after the first or suspend your use of the SportsEngine Subscription Services, in our sole discretion.