January 1, 2020
RULES FOR USER CONDUCT AND USE OF THE SERVICE
Users who are requesting referee services agree to the following:
- Users must provide and maintain current payment account information. Failure to keep payment account information accurate or to allow the account to lapse will result in suspension from Services, however the user will still be responsible for payment for services rendered by referees;
- Users are financially responsible for bids for referee services that may be automatically created;
- Users’ payment account will be charged on the day of the match. Unless the bid for referee service is canceled 24 hours before match kickoff, users will be responsible for any fees even if the match is canceled;
- Users will not be responsible for any fees if an assigned referee does not officiate the match and the match details are correct in the Site. The Company will not be required to provide any compensation. Users may request reasonable compensation by contacting the Company which may provide compensation at the Company’s sole discretion;
- The Company does not guarantee that a bid for referee services submitted by user will be filled and users will receive no compensation if their request is unfilled;
Users who are providing referee services agree to the following:
- Users must provide and maintain current payment account information;
- Users must complete post-match requirements prior to being paid for services;
- Users that do not have a current payment account or do not complete post-match requirements within 60 days of a match will forfeit any payments to the Company;
- Users will be paid following successful payment to the Company by the user requesting services;
- Users will not be paid for any services that are not assigned through the Service;
- If a match is canceled prior to kickoff, the Company will not be required to provide any compensation. Users may request reasonable compensation by contacting the Company which may provide compensation at the Company’s sole discretion;
- Users may be responsible for fees if they cancel an assignment that does not successfully get re-assigned;
- Users will notify the Company of mistakes in an offer or payment within 48 hours of recognizing the mistake. In the event of an overpayment, Users authorize the Company to debit their account to rectify the error;
All users agree that the Company will not be responsible for any liabilities, losses, or damages arising out of the Service or any third-party utilized by the Service.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions. You agree that you will not under any circumstances:
- access the Service for any reason other than as permitted by the normal functionality of the Service;
- collect or harvest any personal data of any user of the Site or the Service;
- distribute any part or parts of the Site or the Service without our explicit written permission;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
POSTING AND CONDUCT RESTRICTIONS
You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “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 by him must have materially affected his settlement with the debtor.”
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. If the dispute cannot be settled through mediation, the parties agree that the dispute shall be settled by arbitration administered by the American Arbitration Association in the State of Colorado in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within 180 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.