Terms of Use Overview

We wanted to provide a summary of what's covered in our full Terms of Use below. We know legal agreements like this one can be intimidating, and hope this overview helps clarify what you can expect from Leagued as you use our services, and what we expect from you (our users).

Reading these words is extremely important, since you're agreeing to be bound by them when you use our Site. This includes our Limitation of Liability (see below) and your Assumption of Risk (under Limitation of Liability below) when using our site, or organizing or participating in in-person activities or events that arise from using our Site.

We have formatted particularly important information below by using CAPITALIZATION, bold or BOTH.

Titles, headings and associated numbering to sections below are for organizational purposes, and in no way limit, define, or otherwise affect the provisions within them.

In addition to these Terms of Use, we also have a Privacy Policy and Cookie Policy. Please read these policies as well.

Terms of Use

Last Updated: July 13, 2023 See previous version(s):

1. User's Acknowledgment and Acceptance of Terms

Leagued, Inc. (referred to as "Us" or "us" or "We" or "we" or "Our" or "our" or "Leagued") provides the https://www.leagued.com website and various related services (together referred to as the "Site" or "SITE") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us. In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of July 13, 2023_.

We reserve the right to change these Terms of Use from time to time, and we will notify you of changes by posting a message or notification on our Site. Additionally, we may notify you of upcoming changes via the e-mail address you provided when registering to use our Site or you provided otherwise.

You acknowledge and agree that it is your responsibility to review the Site, these Terms of Use and your e-mail periodically and to be aware of any modifications.

Your acceptance of any changes, or continued use of this Site after such changes, will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Terms of Use to check for any changes.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

2. Description of Services

We make various services available on this Site including but not limited to a searchable map of sporting facilities, recreational sporting league information, searching for specific recreational sporting events, searching for sporting leagues, sporting team creation and management, searching for players, searching for teams, matching between teams and players, chat or communication functionality, team profiles, user profiles, sporting facility profiles and a facility administrative dashboard.

We provide some services at no cost, while other services may be provided for a fee. Fees are discussed in more detail in section 4 below (Payment of Fees).

You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Data and Privacy

a. Registration Data

In order to access some of the services on this Site, you will require a Leagued account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to sell, disclose to third parties certain Registration Data. The information we obtain through your use of this Site, including Registration Data, is subject to our Privacy Policy and Cookie Policy, which are specifically incorporated by reference into these Terms of Use.

b. User Profile Data

We provide a profile section of the Site, where you can input information about yourself, your personal preferences and interests, or similar information on behalf of children, family members, or other individuals. Participation in this section is optional, and improves your Site experience ("User Profile Data"). By entering User Profile Data, you agree that all information provided is true and accurate.

You also grant us the right to sell, disclose to third parties certain User Profile Data. The information we obtain through your use of this Site, including User Profile Data, is subject to our Privacy Policy and Cookie Policy, which are specifically incorporated by reference into these Terms of Use.

c. Team Profile Data

We provide a team profile section of the Site, where you can input information about a team you have created and manage. Participation in this section is optional, and improves your Site experience ("Team Profile Data"). By entering Team Profile Data, you agree that all information provided is true and accurate.

You also grant us the right to sell, disclose to third parties certain Team Profile Data about you or your team. The information we obtain through your use of this Site, including your Team Profile Data, is subject to our Privacy Policy and Cookie Policy, which are specifically incorporated by reference into these Terms of Use.

d. Facility Profile Data

We provide a profile section of the Site, where sporting facilities can input information about their facility, location, services, events, sporting leagues and contact information. Participation in this section is optional, and improves your Site experience ("Facility Profile Data"). By entering Facility Profile Data, you agree that all information provided is true and accurate.

You also grant us the right to sell, disclose to third parties certain Facility Profile Data about you or your facility. The information we obtain through your use of this Site, including your Facility Profile Data, is subject to our Privacy Policy and Cookie Policy, which are specifically incorporated by reference into these Terms of Use.

4. Payment of Fees

If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees and required taxes associated with such service. Any fees for services will be shown to you before you are required to accept and pay those fees. We retain the sole right to add, remove or modify fees for any services or products, at our sole discretion.

For all charges for services on this Site, we will bill your credit card or other means of payment we allow. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information or any other means of payment used by you, your name, address and telephone number, and to provide us with any changes in such information to ensure future payments are not declined, potentially causing an interruption to the services we provide.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other costs and legal expenses.

5. Conduct on Site

Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. Contains software viruses, ransomware, malware, trojan horses, worms, logic bombs or any other material, computer code, files, or programs that are malicious, technologically harmful or designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

f. Impersonates any person or entity, including any of our employees or representatives; or

g. Is personal, private or confidential to others.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users including but not limited to content posted via or on facility information pages, team pages, communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, unlawful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Third Party Sites, Services and Information

This Site may link you to other sites on the Internet or otherwise include information or references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such information or sites, nor are we responsible for errors or omissions in any information or references to other parties or their products, information or services. The inclusion of such information, a link or reference is provided merely as a convenience and does not imply endorsement of, ownership of or association with, the Site or information or party by us, or any warranty of any kind, either express or implied.

This Site may use third party services to allow us to provide functionality or services to users of this Site. Any purchase, enabling, or engagement of third party services including but not limited to implementation, customization, consulting services, and any exchange of data or information between you and any third party service is solely between you and the applicable third party service provider, and is subject to the terms and conditions of such third parties. We do not warrant third party services and are not responsible or liable for such third party services or any losses or issues that result as you use such services.

7. Intellectual Property Information

Copyright © 2023 Leagued All Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, designs, functionality, music, sounds, and other material and services that can be viewed, heard or consumed by users on our Site. This includes, but is in no way limited to, message boards, chat, and other original content created by us.

By accepting these Terms of Use, you acknowledge and agree that all original content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Leagued and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See the "User's Materials" section below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are trademarks, trademarks or service marks of Leagued, Inc.: All custom graphics, designs, icons, logos and service names are trademarks or service marks of Leagued. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, design, logo, and/or the name of Leagued or its Affiliates.

All of the ideas, software, coding and processes incorporated into the service that is available on this Site are protected as trade secret through these Terms of Use. The ability to patent any of the ideas, software, coding and processes incorporated into the service that is available on this Site, in the United States or in foreign jurisdictions. remains solely with Leagued.

8. User's Materials

Subject to our Privacy Policy and Cookie Policy, any communication, content or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications, content and material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. The right provided to us survives you ceasing to maintain an account on our platform or our termination or suspension of your account in accordance with the "Termination of Use" section below.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

We welcome your feedback, ideas or proposals for Site functionality or the services we provide. Any such ideas or proposals shall be under the sole ownership of Leagued, with regards to our functionality or services we provide. Also, any adjustments we make to the Site or functionality as a result of user feedback or proposals, and any resulting intellectual property rights, will solely belong to Leagued.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by information or a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include the following information in order to comply with sections 512(c)(3) of the Digital Millennium Copyright Act.:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
2. Identification of the copyrighted, or otherwise protected, work claimed to have been infringed, or, if multiple copyrighted or protected works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the materials;
4. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

General Counsel

Leagued, Inc. c/o Incorporating Services, Ltd. 3500 South DuPont Hwy. Dover DE 19901

By email: legal@leagued.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, MALWARE, RANSOMWARE OR OTHER DESTRUCTIVE CODE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, COMPLETE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (E) OTHER USERS OF THIS SITE WILL REFRAIN FROM ACTIVITY IN VIOLATION OF THIS TERMS OF USE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise or services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Leagued. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Leagued spokesperson speaking in their official capacity.

In addition, the materials on this Site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items ("Forms"). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Leagued or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

Assumption of risk. Your participation, or participation by anyone, in any activities or events arising from use of this Site may carry inherent danger of financial hardship, illness, bodily injury, disability, or death. If you choose to participate, or you consent to the participation by any child, family member, or other individual, in any activities or events arising from use of this Site, you have chosen to do so freely and assume these risks.

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site shall be limited to the amount you paid us, if any, for the services on the Site during the twelve-month period before the claim, or $100, whichever is greater.

IN NO EVENT SHALL WE, OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM ILLNESS, BODILY INJURY, DISABILITY, DEATH, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH A.) THE USE OF, OR INABILITY TO USE, THIS SITE OR OF ANY WEB SITE REFERENCED, PULLED FROM OR LINKED TO FROM THIS SITE; B.) TRANSPORTATION TO OR FROM ANY ACTIVITIES OR EVENTS ARISING FROM USE OF THIS SITE; C.) ATTENDANCE AT, ORGANIZATION, HOSTING OR FACILITATION OF ANY ACTIVITIES OR EVENTS ARISING FROM USE OF THIS SITE; D.) PARTICIPATION IN OR EXCLUSION FROM ANY ACTIVITIES OR EVENTS ARISING FROM USE OF THIS SITE; E.) ACTIONS, STATEMENTS, COMMUNICATIONS, MESSAGES OR CONDUCT BY YOU, THIRD PARTIES OR OTHER USES OF THIS SITE INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OR CONDUCT THAT VIOLATES THESE TERMS OF USE; F.) SECURITY BREACH OR SECURITY INTRUSION ; G.) VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, OR H.) ANY OTHER MATTER RELATING TO THE SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from a.) your use or misuse of this Site, b.) your content, statements, messages or communications, c.) your violation of any law, statute, ordinance, regulation or rights of a third party, d.) your participation or conduct during any activity or event arising from use of this Site, or e.) your violation of this Terms of Use Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Participation in Third Party Promotions

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. Communication Services

We may make communication services available to users of our Site, either directly or through a third-party provider.

We will not inspect or disclose the contents of private communications or messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further privacy information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block communication or messages that exceed the limit. We will not be responsible for such deleted or blocked communication or messages.

14. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our Site. For purposes of these Terms of Use, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this Site to publish material that we determine, at our sole discretion, to be unlawful, indecent, objectionable, in violation of a third party's intellectual property rights or which violates the restrictions described in "5. Conduct on Site" above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

You agree not to hold us liable for any damage to, any deletion of or any failure to store your files, data or other information.

15. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements, communications and actions made or omissions that occur through the use of your password and account, including any mail or communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

16. Export Controls

Software available on or through this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the activities or content of this Site are illegal is prohibited.

Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. We, and our Affiliates, are not liable to you or any third party for any direct, indirect, special, punitive, incidental or consequential damages, or any damages whatsoever, of any kind arising out of or in connection with access or use of this Site outside of the United States.

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from, or are in connection with access or use of this Site outside of the United States,

Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

18. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use or the Terms of Use of any third parties whose services we use to allow us to provide functionality or services to users of this Site. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Use, any other sections necessary to give effect to these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination: User's Acknowledgment and Acceptance of Terms, Data and Privacy, Payment of Fees, Conduct on Site, Third Party Sites, Services and Information, Intellectual Property Information, User's Materials, Disclaimer of Warranties, Limitation of Liability, Indemnification, Participation in Third Party Promotions, Communication Services, Use of Site and Storage of Material, Security and Password, Export Controls, International Use, Termination of Use, Dispute Resolution, Governing Law, Jurisdiction, Notices, Entire Agreement, Miscellaneous

19. Dispute Resolution

a. Arbitration Agreement. Any legal claim or dispute shall be submitted to binding arbitration according to the following specifications. You, and we, are waiving any right to trial in front of a judge or jury in a court of law. Arbitration is different from a trial in court, and some rights available in court are not provided in arbitration.

i. Binding arbitration shall be conducted before a single arbitrator employed by Judicial Arbitration and Mediation Services ("JAMS") appointed in accordance with JAMS applicable rules.

ii. Any legal claim or dispute subject to arbitration shall be filed within one year after the date the party asserting the claim or dispute first knew, or should know, of the existence of the claim or dispute, or the shortest period of time allowed by law, or be deemed forever waived and barred.

iii. The arbitration hearing shall be conducted in the JAMS office located nearest to the principal office of Leagued. The arbitrator shall apply governing substantive law in making an award. If the applicable arbitration rules conflict with this arbitration provision, then this arbitration provision shall control.

iv. In any action to enforce these Terms of Use, the prevailing party will be entitled to any related costs and attorneys' fees.

v. You, and we, agree that service of process in any arbitration proceeding may be effected in accordance with the notice provisions of Section 22 (Notices) below.

vi. Arbitration Opt-Out. You may opt-out of resolving claims or disputes through arbitration by sending an email to the Leagued legal team at legal@leagued.com within 30 days of the date you agree to this Agreement. Your email must include your full name, residential address, the email address used to register for your Leagued account, and a clear statement that you want to opt-out of arbitration. Opting-out of arbitration means section 19a (Arbitration Agreement) does not apply to you. No other sections, or sub-sections, of this Agreement are affected by you opting-out of arbitration.

b. Class Action Waiver. You agree to resolve any claims or disputes with Leagued on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

c. Dispute Resolution Terms Applicable to Members Based in the EU. If you are a member based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to rely on the mandatory provisions of the local law that applies. If you are based in the European Union, the local laws in your European Union Member State may allow you to take legal action against Leagued in your Member State and to invoke certain local laws against Meetup. The European Commission provides for an online dispute resolution platform.

20. Governing Law

This Site (excluding any linked sites) is controlled by us. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the state of Delaware, by accessing this Site both of us agree that the statutes and laws of the the state of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site.

21. Jurisdiction

In the event that our agreement to arbitrate does not apply in a specific circumstance, each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts sitting in the state of Delaware with respect to the specific circumstance at hand.

22. Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at customerservice@leagued.com if by e-mail, or at Leagued, Inc. c/o Incorporating Services, Ltd. 3500 South DuPont Hwy. Dover DE 19901 if by conventional mail.

Notices to you may be sent either to the e-mail address supplied for your account or to any address supplied by you as part of your Registration Data, User Profile Data, Team Profile Data, or Facility Profile Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site, our Terms of Use, Privacy Policy, Cookie Policy, other policies or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

23. Entire Agreement

This Agreement, including this Terms of Use, our Privacy Policy, and our Cookies Policy constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions or terms of use shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

24. Miscellaneous

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, illness, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

25. Contact Information

Except as explicitly noted on this Site, the services available through this Site are offered by Leagued, Inc. a Delaware corporation, located at:

Leagued, Inc. c/o Incorporating Services, Ltd. 3500 South DuPont Hwy. Dover DE 19901

If you notice that any user is violating these Terms of Use, please contact us at legal@leagued.com.