WHAT ABOUT MOBILE APPLICATIONS AND IN-APP PURCHASES?
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their Terms and Conditions, available at
http://www.apple.com/legal/internet-services/itunes/us/terms.html. UT is not a party to any In-App Purchase.
I USE THE COMPANY APP AVAILABLE VIA THE APPLE APP STORE - SHOULD I KNOW ANYTHING ABOUT THAT?
(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
WHAT ELSE DO I NEED TO KNOW?
Warranty Disclaimer. Neither UT nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY UT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold UT, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without UT’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with UT and limits the manner in which you can seek relief from UT. Both you and UT acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, UT’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. UT will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. UT will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or UT may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND UT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and UT are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and UT over whether to vacate or enforce an arbitration award, YOU AND UT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor UT is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Hitpal, 530 Lytton Ave, Ste 213, Palo Alto, CA 94301, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or UT to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and UT agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Hitpal.
Infectious Diseases
You agree that you are aware of the highly contagious nature of bacterial and viral diseases (the "Diseases") and the risk that you may be exposed to or contract the Diseases or other infectious diseases by engaging in or using the Services. You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY USING THE SERVICES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASES, ARISING FROM YOUR USE OF THE SERVICES.
You hereby expressly waive and release any and all claims, now known or hereafter known, against UT and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Services and being exposed to or contracting the Diseases. You covenant not to make or bring any such claim against UT or any other Releasee, and forever release and discharge UT and all other Releasees from liability under such claims.
You acknowledge that you are familiar with any applicable federal, state, and local laws, orders, directives, and guidelines related to the Diseases. You will comply with all such applicable orders, directives, and guidelines in your use of the Services.
You shall defend, indemnify, and hold harmless UT and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by UT or any other Releasees, arising out or resulting from any claim of a third party related to the Disease due to your use of the Services.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms,. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and UT agree there are no third party beneficiaries intended under these Terms
Hitpal EVENT SERVICES - TERMS OF SERVICE
You may be required to sign up for an account, and select a password and user name and provide certain additional personal information. You promise to provide UT with accurate, complete, and updated registration information about yourself. You may not provide a name or information that you don’t have the right to use, or another name with the intent to impersonate another person. By using or accessing the Event Services, you represent and warrant that you are at least thirteen (13) years old and, if not, you have received your parent’s or guardian’s permission to use the Event Services and your parent or guardian has agreed to these Terms on your behalf). You will not share your account or password with anyone, and agree that you must protect the security of your account and password. You are responsible for any activity associated with your account.
You understand that through your access and use of the Event Services, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including without limitation risks which arise as a result of exercising, entering an unknown space or environment in which an event takes place, performing intense physical activity, and injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using the Event Services, or other third parties whether as a result of negligence of these individuals or because of other reasons. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISK OF LOSS, DAMAGE, INJURY TO PERSON OR PROPERTY WHICH MAY ARISE FROM OR IS RELATED TO YOUR ACCESS AND USE OF THE EVENT SERVICES, WHETHER SUCH RISK IS KNOWN OR UNKNOWN TO YOU.
In consideration for your access and use of the Event Services, you agree that:
You have read any rules and conditions applicable to the Event Services made available to you, and you agree that all the Event Services are owned by UT.
You understand that your use of the Event Services you may provide or receive information which shall be subject to the General Terms. UT grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license under its rights to use any content, information or media (“Content”) solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from UT.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at info@bladestorm.org. We do not condition participation in our Event Services on disclosure of more Personal Information from a child under 13 than is reasonably necessary for that participation, and we do not retain Personal Information from children under 13 longer than is reasonably necessary in order to fulfill the purpose for which it was disclosed.
If you wish to provide us with any personal information of any children under the age of 13, you (1) represent and warrant that you are the parent or legal guardian of such children, and (2) you hereby provide consent in your capacity as such to the consents and terms set forth herein.
IN NO EVENT WILL UT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EVENT SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE EVENT SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THE TOTAL LIABILITY OF UT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO UT IN CONNECTION WITH THE EVENT SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY UT , its officers, directors, employees, agents, and leaders from any and all liability on account of, or in any way resulting from any injuries or damages, even if caused by negligence of UT, its officers, directors, employees, agents, and leaders, in any way connected with the Event Services. You understand and intend that this assumption of risk and release is binding upon your heirs, executors, administrators and assigns, and includes any minors who may have access to the Event Services. If you are a California resident, you shall and hereby do expressly waive all rights conferred by Section 1542 of the California Civil Code, or any substantially similar law which states in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor.”
THE EVENT SERVICES ARE PROVIDED BY UT ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR THAT USE OF THE EVENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and the General Terms, are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement; in the event of any express conflict between these Terms and the General Terms, these Terms shall govern. These Terms are personal to you, are non-assignable by you, are governed by the laws of the State of California (without regard to its conflicts of laws provisions) and may be modified or waived only in a writing signed by both you and UT. By accessing and/or using the Event Services, you agree to the Arbitration Agreement set forth in the General Terms. If any provision of this Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this Agreement shall be entitled to recover attorneys’ fees and costs. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Hitpal Messaging Terms of Service
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from Hitpal Marketing, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency may vary.
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Hitpal and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Hitpal through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to return customer care contact information. If you are experiencing any problems, please email info@bladestorm.org
Hitpal HIGH SCHOOL SERVICES - TERMS OF SERVICE
High School Match Results: Only official high school (“HS”) events and match results from the official HS schedule during the approved HS regular season and approved state/conference match formats will count towards players’ Verified Hitpal
All Results: All results from an HS season must be posted. Team cannot choose to selectively post results and any intentional withholding of match results may cause a teams’ matches not to count towards players’ Verified Hitpal
Team Rosters: Teams must post their complete team roster (minimum of 6 players).
Verified Hitpal Rules: Only matches which follow Hitpal Verified Rules will count towards players’ Hitpal. For clarity, challenge matches, exhibitions, JV matches and/or any other unofficial HS matches will not count towards a players’ Verified Hitpal. Results from such matches can be posted using the “Post a Score” feature on the HS team page and will be considered towards players’ Hitpal only.
HS Player Limitation: Events organized via the HS team page must feature HS players only. Any non-official HS and/or open event (or any event which includes players not in high school) must be run via an Events-Only Club on UT. For more information on the Events-Only Club on Hitpal and/or Premium Clubs, please contact info@bladestorm.org
Non-Compliance: Non-compliance with any of Sections 1 through 5 may result in the loss of privileges, including by not limiting to termination of your use of any of the High School Services.
Hitpal PAID HITS - TERMS OF SERVICE
Updated 12.2.2021
By accessing and using the Hitpal Paid Hits services (“Paid Hits”), or by clicking to accept or agree to these terms when such option is made available to you, you agree to be bound by these Hitpal Paid Hits Terms of Service (“Paid Hits Terms”), in addition to the Hitpal Terms of Service and Privacy Policy and all other policies, rules, guidelines, terms and conditions established for the Hitpal Services as set forth therein, which are incorporated herein by reference. Any undefined terms in these Paid Hits Terms shall have the definitions set forth in the Hitpal Terms of Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Use of the Services
You will only use the Paid Hits for your own internal, personal use and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Paid Hits and your actions and omissions that relate to the Paid Hits (for example, Hitters (as defined below) must comply with all laws that relate to the Hitter’s Services (as defined below)). If your use of the Paid Hits is prohibited by applicable laws, then you aren’t authorized to use the Paid Hits. We can’t and won’t be responsible for your using the Paid Hits in a way that breaks the law.
Hitpal retains the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing or using Paid Hits in the event of a violation of these Paid Hits Terms, your act or omission that causes harm to Hitpal or others, or for any other reason.
Connecting Hitters and Players
Through Paid Hits,Hitpal connects those providing tennis hitting services (“Hitters”) and those looking to acquire their services (“Players”). When we use the word “you” in these Paid Hits Terms, it refers to any user, regardless of whether he or she is a Hitter or Player, while if we use one of those specific terms, it only applies to that category of user.
Hitpal uses reasonable efforts to vet each potential Hitter, including checking each Hitter’s background, experience and relevant certification (including Safe Play certification), before recommending certain Hitter to Players. However, before receiving services from any Hitter (“Hitter Services”), Players are responsible for making their own determination that the recommended Hitter is suitable. Hitpal is only responsible for connecting Hitters and Players, and can’t and won’t be responsible for making sure that Hitter Services are actually provided or are up to a certain standard of quality.
Hitpal similarly can’t and won’t be responsible for ensuring that information (including credentials) a Hitter or Player provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Hitter or Player, and Hitters aren’t our employees.&
Hitters are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Hitpal. Hitpaldoes not offer the Hitter Services and does not employ individuals to perform the Hitter Services. You hereby acknowledge that Hitpal does not supervise, direct, control or monitor the Hitter Services and expressly disclaims any responsibility and liability for the Hitter Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
If there is a dispute between a Hitter and a Player, including without limitation, relating to the payment of and/or the amount of Paid Hits Fees, you agree that Hitpal is under no obligation to become involved. In the event that you have a dispute with one or more Hitters or Players, you release Hitpal, its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Paid Hits. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
Additional Terms Specific to Players
In order to use Paid Hits as a Player, you must be at least thirteen (13) years old, and by accessing and/or using Paid Hits, you represent and warrant that you are at least thirteen (13) years of age. If you are under (18) years of age, you acknowledge and agree that we may send a notification to your parent or guardian at the parent/guardian contact information associated with your account in connection with each Hitter Service you request or book.
Additional Terms Specific to Hitters
In order to be eligible to be a Hitter for Paid Hits, you must be at least sixteen (16) years old and you must submit an application to Hitpal for approval. You represent and warrant that all information you provide in your application and in response to any additional requests from Hitpal is complete and accurate. Hitpal reserves the right to reject any applicant in its sole discretion.
As a Hitter, you may receive Player requests for Hitter Services via Paid Hits, which may include basic information related to such requested Hitter Services, such as the name of the Player, the type of Hitter Services requested (e.g. coaching or matchplay), and/or the timeline requested. You may choose to accept requests for Hitter Services that you are willing and able to fulfill via Paid Hits. You may not accept requests you are not able to or do not intend to fulfill. You acknowledge and agree that once you have been accepted as a Paid Hitter, Hitpal may provide certain information about you to the Player, including your name and certain contact information. As between Hitpal and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the manner to perform each instance of the Hitter Services, and (b) except for the Paid Hits platform, you shall provide all necessary materials, at your own expense, necessary to perform the Hitter Services.
No Hitter may collect any information, with the exception of contact information offered by the Player for the purpose of communication for scheduling a Paid Hit, from or relating to Players (“Player Information”), whether via Paid Hits, in the course of performing Hitter Services, or otherwise, beyond what is necessary to perform the Hitter Services for the applicable Player from or about whom such Player Information was collected. Hitters also must not use any Player Information beyond what is necessary to perform the Hitter Services for such applicable Player. Upon the conclusion of the Hitter Services for a Player (or otherwise upon the request of such Player or Hitpal), Hitter must properly destroy all Player Information from or relating to such Player and make no further use of it whatsoever. Hitters must collect, use, maintain, and transmit all Player Information in compliance with all applicable laws.
Ratings
As a Hitter, you acknowledge and agree that: (a) after receiving Hitter Services, a Player may be asked to provide a rating of you and such Hitter Services and, optionally, to provide comments or feedback about you and such Hitter Services, whether through the Hitpal platform, mobile application, website or other means; and (b) after providing Hitter Services, you may be asked to provide a rating of the Player and, optionally, to provide comments or feedback about the Player, whether through the Hitpal platform or other means. You shall provide your ratings and feedback in good faith.
Hitpal reserves the right to use, share and display your and Player ratings and comments in any manner in connection with the business of Hitpal without attribution to you or your approval. You acknowledge and agree that Hitpal is a distributor (without any obligation to verify) and not publishers of your and Player ratings and comments, provided that Hitpal reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Hitpal' content policies.
Paid Hits Fees
Fees
Hitters must be annual Power subscribers for $99/year and Hitpal charges a small fee per Paid Hit. Paid Hitters are required to use the Hitpal platform to process the payment of Paid Hits through their connected Stripe account.
For each instance of Hitter Services requested, received and/or completed, the Player may agree to pay the Hitter a fee (the “Paid Hits Fees”) for the Hitter Services. The amount, payment schedule and all other matters relating to Paid Hits Fees are solely between the Player and the Hitter. Both Player and Hitter acknowledge and agree that Hitpal has no responsibility or liability relating to the Paid Hits Fees. Player will indemnify and hold harmless Hitpal from and against any claims relating to the Paid Hits Fees, including without limitation, the failure to timely pay any Paid Hits Fees.
Taxes
You acknowledge and agree that you are responsible between yourselves for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax in connection with the Hitter Services.
Termination of Paid Hits
You’re free to stop using Paid Hits at any time; please refer to our Privacy Policy, as well as our Terms of Service, to understand how we treat information you provide to us after you have stopped using Paid Hits.
We are also free to terminate (or suspend access to) your use of Paid Hits for any reason in our discretion, including your breach of these Paid Hits Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Paid Hits Terms; for example, a Player who believes that a Hitter may be in breach of these Paid Hits Terms is not able to enforce these Paid Hits Terms against that Hitter (or vice versa). In addition, and notwithstanding anything else, we may terminate and/or deactivate your access to Paid Hits immediately, with or without notice, in the event you no longer qualify, under applicable law or the standards and policies of Hitpal, to provide or engage with the Hitter Services.
Provisions that, by their nature, should survive termination of these Paid Hits Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
