Standard Terms and Conditions for SPORTS OF TEXAS LLC/ “NIGHT RAVENS”
Website, APP. and Associates Services
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, APP and associated services offered by SPORTS OF TEXAS LLC/ NIGHT RAVENS at www.soccerravensacademy.com
These Terms will be applied fully and affect to your use of this Website, APP or their associates services. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website or associated services if you are disagree with any of these Standard Terms and Conditions.
Your use of services through the Sites and the Apps and your access to support (together “Services”) are based on the following user levels:
(c)“Subscriber” – Registered User who purchases a subscription plan The Company, at its sole discretion, will provide users access to certain Services at no cost (“Free Services”). If you are a Registered User or Subscriber, you will have access to additional Services (“Subscription Services”) based on the plan that you select (“Subscription Level”) and time commitment (“Subscription Period”). Per the Sites’ subscription plan descriptions, Company will limit your access to certain features, volume and/or time based on the plan that you select. Any unused volume associated with a per-use Subscription Level will expire at the end of your Subscription Period and not carryover to subsequent Subscription Periods.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
PART I: GENERAL TERMS ABOUT SPORTS OF TEXAS LLC WEBSITE AND APP.
FIRST; MINORS. Minors or people below 18 years old, are not allowed to use this Website without parents or tutors supervision and consent.
SECOND; INTELLECTUAL PROPERTY RIGHTS. SPORTS OF TEXAS LLC and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
Company may provide links to publicly available content to use with the Services but is not responsible in any manner for such publicly available content. However, you are responsible for ensuring that any Content (as well as any publicly available content) that you use on the Services complies with United
States copyright laws as well as applicable privacy laws and export laws.
All your Content stored on the Services is encrypted and the Company does not have the ability to screen your Content but Company has the right (but not the obligation) in its sole discretion to remove all or part of your Content from the Services. If you are an administrator for your account, then you are responsible for the Content and activities of your users.
If you are a Registered User, you and Company may share confidential information. “Confidential Information” means proprietary information, including, without limitation, non-public product, technical and business information and your usage data from the Services, received by a party during, or prior to entering into, this Agreement that is either marked confidential or that the receiving party should reasonably know is confidential or proprietary given the circumstances. Either party may disclose the existence of this Agreement, but any non-public pricing or terms for Services will be considered Confidential Information. Confidential Information; will not include any information which a party can demonstrate:
(a) was previously known to the other party;
(b) is or becomes publicly available, through no fault of such other party; (c) is disclosed to such other party by a third party having no obligation of confidentiality to the party which originated the Confidential Information; (d) is disclosed by its owner to any third party without obligation of confidentiality; or
(e) is independently developed by such other party without reference to the Confidential Information. The receiving party of Confidential Information agrees to; (i) protect the secrecy of and to avoid disclosure and unauthorized use of the disclosing party´s Confidential Information to the same degree that it takes to protect its own Confidential Information and in no event less than; reasonable care, and; (ii) use Confidential Information only as necessary to fulfill its obligations and exercise its rights under this Agreement.
Upon termination or expiration of this Agreement, at either party´s request the other party will return or destroy all written materials that contain any Confidential Information of the other party and will certify that has returned or destroyed such confidential information.
Either party may disclose confidential information pursuant to subpoena or other request from law enforcement agency.
THIRD; RESTRICTIONS. You are, like website user, specifically restricted:
Certain areas of this Website are restricted from being access by you and SPORTS OF TEXAS LLC may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In connection with your use of the Services you agree that the following is expressly prohibited:
(a) any Content that defames, abuses, harasses, stalks, threatens, or violates the legal rights of others;
(b) any Content that contains explicit or obscene language or sexually explicit images;
(c) any Content that uses racially, ethnically, or otherwise offensive language;
(d) sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
(e) misrepresenting yourself or affiliation with an entity;
(f ) infringing the intellectual property rights of a third party;
(g) or violating or encouraging others to violate any applicable laws or regulations.
Company disclaims all express, implied and statutory warranties and conditions with regard to third party content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.
FOURTH; SERVICES ARE PROVIDED AS-IS. This Website is provided “as is,” with all faults, and SPORTS OF TEXAS LLC express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
FITH; COMPANY WARRANTS THAT SERVICES WILL OPERATE TO SPECIFICATIONS. Company warrants solely to Subscribers that the Services (excluding Third
Party Content) will:
Any third-party services licensed by Company and provided in Services to you under this Agreement (“Third Party Services”) are subject to warranties contained herein only to the extent that they have been provided by such third party licensor (“Licensor”) to Company and are conveyable to you.
Licensors are intended to be third party beneficiaries of this Agreement. To the extent permitted by applicable law, Licensors disclaim all liability for any damages arising from your use of Third Party Services.
PART II: MEMBERSHIP AGREEMENT. CONDITIONS AND POLICIES.
FIRST; MEMBERSHIP CONDITIONS.- By this agreement, the parent or guardian irrevocably access to the following conditions and policies of administration, direction and management by SPORTS OF TEXAS LLC / “NIGHT RAVENS”.
By accessing and sign, you accept each and every one of its clauses, including those that imply a disclaimer in favor of SPORTS OF TEXAS LLC / “NIGHT RAVENS”.
As parent or guardian of one or more minors, I act on my behalf and on behalf of the children, when I read and accept this policy.
I further declare that none of these rules is attentive or contrary to the best child interest and I waive, in the future, to all legal actions that may be based in violations of children’s rights, on the occasion of this agreement.
SECOND; CANCELLATIONS.- Any cancellation of membership is strictly subject to the refund policy and Code of Conduct regulations, if apply.
If the cancellation was motived for a breach form the policy, code conduct or team rules (caused for the parents or the minor wrong behavior) the cancellation could will be considered an expulsion from the team. In these cases, it will not be possible to grant money back.
THIRD; RENEWALDS.- Any renewal will be automatically charge, the subscriber will have to informed by e-mail 30 days before to the end of the term to accept o refuse the renewal; if you don’t opposed or informed, SPORTS OF TEXAS LLC will entail the full and unconditional acceptance of each terms.
If you accepted the proposed terms (expressly or tacitly), you must make the payment of the membership at the time, place and through the payment method established by SPORTS OF TEXAS LLC / “NIGHT RAVENS”. SPORTS OF TEXAS LLC always prefer the payments by electronic devises or by their web site or APP.
Only when you have executed the payment, will the renewal be deemed to be executed correctly. If the renewal is not executed in the time and form established by SPORTS OF TEXAS LLC / “NIGHT RAVENS”, children could be lose their membership and place in the team; It is the strict responsibility of the parents or guardians to deal with the payment of the membership and the conditions for its renewal.
FOURTH; PRICES.- Membership prices are set by SPORTS OF TEXAS LLC / “NIGHT RAVENS” on its different platforms , APP or web sites. Only SPORTS OF TEXAS LLC / “NIGHT RAVENS” may make discounts on the total price.
The payment from the membership its individual (one membership, one child) and will not be transferable.
You acknowledge that Company may change its fees and/or fee structures for Services from time to time in its discretion, including instituting fees for use of Services that were formerly included in Free Services or other free functionality on the Sites or the Apps without liability to you. Company will post notice of such changes on the Sites or the Apps. Any pricing changes to your paid Subscription Services will be effective as of your next Subscription Period and not impact your current Subscription Period. You agree that your continued use of all or part of the Services will be subject to your payment of any applicable fees. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
If you are a Subscriber, you shall pay Company all fees associated with your Subscription Level ordered as set forth in the subscription section of your user profile or in the signed and accepted order form, whether or not you use any or all of the Subscription Services to which you are entitled.
Prior to accessing your Subscription Services, you must provide Company with a valid credit card, PayPal account, or other form of payment acceptable to Company. Subscriber agrees to pay Company:
(a) any one-time professional service fees specified in your order upon activation of our Subscription Service,
(b) the base fees for your Subscription Level in advance of each Subscription Period, e.g. Annual or Monthly,
(c) any excess usage fees monthly in arrears for any use of Services above that
specified in your Subscription Level (regardless if you were notified or
aware of such excess usage or fees), and
(d) all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties and any other similar taxes and duties, including penalties and interest, imposed by any United States federal, state, provincial or local government entity or any non-US government entity on the transactions contemplated by this Agreement, excluding taxes based upon Company’s net income.
If you provided a credit card, PayPal or other automatic electronic payment method (your “e-Payment Account”), you agree that Company may charge your e-Payment Account for all fees for your Subscription Services as they are incurred including renewal payments on the last day of each Subscription Period. If you are invoiced by Company, you agree to pay all
such invoices with thirty (30) days of the date of the invoice. All fees are payable in United States dollars and are non-refundable. Subscriber agrees to provide Company with complete and accurate billing and contact information and keep it up-to-date throughout the term of the Agreement.
If Company fails to receive payment from you by the due date, Company may, in its sole discretion, suspend your use of Subscription Services and delete your account. Subscriber will reimburse Company for all reasonable attorneys’ fees and costs incurred to collect past due amounts.
PART III: REFUND POLICY. RULES AND EXCEPTIONS
FIRST; REFUND POLICY.- Travel soccer has a stringent refund policy, because a player’s acceptance has the effect of denying another player an opportunity to play on a competitive team. Accordingly:
No refunds, partial or full, will be made to players who choose not to participate at any point after registration for any reason, including players suspended from the program. The only exceptions are:
(a) In the event that a player has a season ending injury.
(b) For families that move during the season.
(c) Player cannot be placed or is removed from a team.
(d) The board may consider a partial refund in these circumstances on a case by case basis.
No refunds will be granted after the season has started. The club will grant a full refund if we cannot place the player on any age appropriate team. Refunds for reasons of friend requests or carpooling accommodations will not be made. The only way to guarantee a spot on a team is to be the head coach of that team.
SECOND; REGISTRATION FEE.- Soccer program refunds of registration would be $50 for each player as an administrative fee, prior to the start of the season. If there’s a promotion offered by the club of no registration (No refunds wills be granted because a player’s acceptance has the effect of denying another player an opportunity to participate in a team.
THIRD; INJURED DURING THE SEASON AND REFUND POLICY.- In the event that a player is injured during the season and cannot play or practice for the remainder of the season, the Board may consider providing a partial refund. Families must submit a written request with the board.
FOURTH; FAMILY RELOCATES AND REFUND POLICY.- In the event that a family relocates out of the area during the season the Board may consider a partial refund on a case-by-case basis. Families must submit a written request to the board showing proof of residency change.
FIFTH; REFUND PROCESS.- Written request should be mailed to club address or emailed both to email@example.com . Refund will be processed within 60 days.
PART IV: SPORTS PROGRAMS AND CODE OF CONDUCT FOR COACHS AND PARENTS
FIRST; CODE OF CONDUCT FROM ADULTS INVOLVED IN YOUTH SOPORT. NIGHT RAVENS.- Youth sports programs play an important role in promoting the physical, social and emotional development of children. It is therefore essential for parents, coaches and officials to encourage youth athletes to embrace the values of good sportsmanship. Moreover, adults involved in youth sports events should be models of good sportsmanship and should lead by example by demonstrating fairness, respect and self control.
I therefore pledge to be responsible for my words and actions while attending, coaching, officiating or participating in a youth sports event and shall conform my behavior to the following code of conduct:
SECOND; DISCIPLINARY ACTIONS. CODE CONDUCT VIOLATION.- I hereby agree that if I fail to conform my conduct to the foregoing while attending, coaching, officiating or participating in a youth sports event I will be subject to disciplinary action, including but not limited to the following in any order or combination:
PART V: MEDICAL RELEASE/WAIVER/INDEMNITY AGREEMENT
FIRST; INJURY RISK DECLARATION.- I, the undersigned, understand that participation in Sports of Texas LLC/NIGHT RAVENS soccer programs involve certain inherent risks of injury, despite all safety precautions taken by the leagues organization and operators. Therefore, as a parent and/or guardian, I will assume all risks, injury or illness, for my child(ren) that may occur during participation in any activities or use of facilities associated with Sports of Texas LLC/ NIGHT RAVENS.
SECOND; EXCEPCIONAL AUTHORIZATION (MEDICAL EMERGENCY).- In the event that my child(ren) needs medical treatment due to accident or injury or natural causes while registered and participating in the soccer programs provided by Sports of Texas LLC/ NIGHT RAVENS, I authorize the staff and operators of Sports of Texas LLC/ NIGHT RAVENS to take whatever action is necessary to care for my child(ren).
I hereby give permission for the Sports of Texas LLC/ NIGHT RAVENS staff and operators to use their best judgment in arranging for my child(ren)’s emergency medical treatment in addition to contacting me to the best of their ability.
THIRD; KIDS MEDICAL INSURANCE.- I certify that my child(ren) is/are fully covered by medical insurance and that I am fully responsible for all costs incurred due to medical or dental treatment as deemed necessary by Sports of Texas LLC/ NIGHT RAVENS staff and operators.
FOURTH; PRIOR INFORMED CONSENT.- By signing this form, I acknowledge that I am aware of the potential risks of participation in any activities or use of facilities associated with the Sports of Texas LLC/ NIGHT RAVENS soccer programs, and in no way hold Sports of Texas LLC/ NIGHT RAVENS, its respective parent, its subsidiaries or affiliates, or their respective management, agents, employees, directors, officers, sponsoring agencies, volunteers or the facility or its operators, coaches, officials, or advertisers, (Individually and Collectively, the “Released Parties”), liable for any injury that my child(ren) may sustain.
FIFTH; RELEASE FOR USE.- I, the undersigned, am agree to allow Sports of Texas LLC/ NIGHT RAVENS to take photographs, video recordings or any other media materials taken of myself and/or my children to be used in any marketing/advertising/social media publications by and for Sports of Texas LLC/ NIGHT RAVENS soccer programs included, but not limited to print brochures, advertisements, films or videos and broadcast presentations of any sorts.
SIXTH; INDEMNIFICATION.- You hereby indemnify to the fullest extent Company Name from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
PART VI: FINAL AND GENERAL TERMS ABOUT THE WEBSITE WWW.NIGHTRAVENS.COM
FIRST; SEVERABILITY. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
SECOND; VARIATION OF TERMS. Company Name is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
THIRD; ASSIGNMENT. The Company Name is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
FOUR; COMMUNICATIONS. you consent to receiving electronic communications from Company and its partners and affiliates. You may also send electronic communication to Company as specified in the Agreement. These electronic communications may include without limitation notices about your Subscription Services, your invoices or payments, changes to the fees or the Agreement, reports of security violations, your violations of the Agreement, suspension of your use of the Services, termination of the Agreement, changes to Services, availability of new products and services, or other information relating to Company, Services or third-party partners.
FITH; PASSWORDS. If you are a Registered User, you are responsible for safeguarding your password that you use to access Services and you agree not to disclose it to any third party. If you suspect your password has been compromised, you need to promptly change it. You will notify Company immediately of any unauthorized use of your Company account. You hereby take responsibility for all actions taken under your account by you or any third parties including any abuse, unauthorized use, and resulting fees.
SITH; SUGGESTION(S). Although you are in no way obligated to do so, if you do choose to share an idea, content, suggestions, information or feedback relating to the Services (“Suggestion”), including, but not limited to, content submitted to Company via support tickets, email, chat or other form, then you hereby assign,
transfer and convey to Company, all worldwide right, title and interest in and to all intellectual property rights in all of your Suggestions, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known. You represent and warrant that to the best of your knowledge:
(a) You are the sole owner of any intellectual property rights in your Suggestion(s);
(b) You have the full and exclusive right to convey the entire interest in and to your Suggestion(s);
(c) Your Suggestion(s) do not infringe any intellectual property right. You agree to cooperate with and assist Company, at Company´s own expense, in obtaining, sustaining, enforcing and enjoying to the fullest extent all right, title and interest conveyed herein.
SEVENTH; LIMITATION OF LIABILITY. SPORTS OF TEXAS LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
EIGTH; HANDLING OF EU PERSONAL DATA. With respect to the processing of personal data relating to data subjects located in the European Economic Area (including the United Kingdom as of the Last Modified Date of these Terms) by Company solely on your behalf, the terms of the Data Processing Addendum shall apply.
The following terms have the meanings given in the General Data Protection Regulation (EU) 2016/679: “personal data”, “data subject” and “process”.). To the extent you are an individual, you hereby expressly grant consent to Company to:
accordance with the terms herein;
(c) transfer your personal data (including sensitive personal data) throughout the world, including to the United States and other countries that do not ensure adequate protection for personal data (as determined by the European Commission); and
(d) disclose your personal data (including sensitive personal data) to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements.
NINETH; THE AGREEMENT IS EFFECTIVE UNTIL TERMINATED BY EITHER PARTY. If you are a Visitor or Registered User of Free Services, the Agreement will remain in full force and effect while you use the Services, except that Company or you may terminate this Agreement at any time for convenience without liability or notice.
If you are a Subscriber, the Agreement will be effective as of the earlier of either (i) the date that you accept this click-thru Agreement or (ii) the date that you signed a sales order with end of the Subscription Period specified in your applicable order form, or, if no term is specified, until the Agreement is terminated by either party. This Agreement will, upon the expiration of your initial Subscription Period, automatically renew for successive Subscription Periods equal in duration to your initial term, or, if no term is specified, the Agreement term will renew on a month-to-month basis unless either party notifies the other prior to the end of the then current Subscription Period that it has elected not to renew the Services. If you are an individual Subscriber or an administrator for the account, you may notify the Company of such non-renewal by:
(a) logging into the Services and cancelling your account through your account settings (if available) or
(b) contacting Company support and receiving written confirmation by Company of your request. If you or the Company elects not to renew the Services before the end of your current Subscription Period, you will not be charged for Subsequent Periods.
Company may terminate the Agreement or suspend your use of
Subscription Services if:
(a) you violate the license restrictions in Sections 3,4, 9 or 10,
(b) you are past due on payment of a fees owed and have not responded to request for payment,
(c) your billing or contact information is materially false, fraudulent or invalid,
(d) you issued bad checks or reversed credit/debit card transactions,
(e) you materially breach or otherwise to fail to comply with this Agreement and have not cured such breach within fifteen (15) days of Company’s written notice specifying the alleged breach, or (f) you enter receivership, general assignment for the benefit of its creditors, any bankruptcy or insolvency proceedings that are not dismissed within 60 Days, liquidation, dissolution or termination of your business operations.
You may terminate the Agreement and your Subscription to the Services if
the Company materially breaches or otherwise to fails to comply with this Agreement and has not cured such breach within fifteen (15) days of
Company’s receipt of written notice from you specifying the alleged breach.
If you are a Subscriber, termination by the Company will not result in any refund of fees for the current Subscription Period and you are still obligated to pay any outstanding, unpaid fees.
YOU ACKNOWLEDGE THAT YOUR CONTENT WILL BE DELETED FROM THE SERVICES UPON THE TERMINATION OR UPON THE EXPIRATION DATE OF YOUR CANCELLED SUBSCRIPTION. THIS INFORMATION CANNOT BE RECOVERED ONCE DELETED. IF YOU ARE NOT A REGISTERED USER, COMPANY WILL NOT STORE CONTENT ON YOUR BEHALF.
EIGTH; ENTIRE AGREEMENT. These Terms constitute the entire agreement between SPORTS OF TEXAS LLC and you in relation to your use of this Website and their associated services, and supersede all prior agreements and understandings.
NINETH; GOVERNING LAW & JURISDICTION. These Terms will be governed by and interpreted in accordance with the laws of the State of TEXAS, U.S.A.
I, FOR MYSELF, MY SPOUSE AND MY CHILD(REN), DO FURTHER RELEASE,
ABSOLVE, INDEMNIFY, AND HOLD THE RELEASED PARTIES HARMLESS AGAINST ANY CLAIMS OF INJURY OR DEATH TO MY CHILD(REN) IN CONNECTION WITH ANY AND ALL OF THE ACTIVITIES MENTIONED.
I HAVE READ, AND I UNDERSTAND, AND I VOLUNTARILY ELECTRONICLY SIGN THIS MEDICAL RELEASE/WAIVER/INDEMNITY AGREEMENT BY CLICKING ON IT