Welcome, and thank you for your interest in Voice In Sport (“Voice In Sport”, “we,” or “us”) and our Website at www.voiceinsport.com/ (the “Site”), as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), the virtual mentoring platform operated by Voice In Sport, and other services provided by us and on which a link to these Terms of Service is displayed (collectively, together with the Site, our “Service”). These Terms of Service are a legally binding contract between you and Voice In Sport regarding your use of the Service.
These Terms of Service provide that all disputes between you and Voice In Sport will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 19 below for the details regarding your agreement to arbitrate any disputes with Voice In Sport.
. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms of Service, you represent and warrant to us: (a) that you are at least thirteen (13) years of age; (b) that you have not previously been suspended or removed from the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms on behalf of such organization.
2. Accounts and Registration
. Certain features of the Service do not require an account. However, you may be required to register for an account to use other features of the Service, including for example: to use the virtual mentoring platform operated by Voice in Sport on our behalf; providing and/or receiving mentorship; uploading, downloading, accessing, and using content; and communicating with a mentor or mentee. When you register for an account, you may be required to provide us with some information about yourself (such as your name, age, phone number, e-mail address, name of your high school, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. Voice In Sport may, now or in the future, permit you to register for an account with or log in to the Service through certain third party social networking services, such as Facebook, Zoom, Twitter and/or Google (individually, a “Linked Account”). By registering for or logging into the Service with a Linked Account, you agree that Voice In Sport may access and use any account information from the Linked Account that you have configured to be made available to third parties in this manner, and you agree to the terms of service of the Linked Account regarding your use of the Service via the Linked Account. If you have reason to believe that your account is no longer secure, then you must immediately notify us.
. Voice In Sport allows you to make donations or contributions through the Service to Voice In Sport, its affiliate non-profit organizations, or causes and programs advocated by Voice In Sport and/or its affiliate non-profit organizations. If you make such a donation or contribution online, Voice In Sport will bill charges via PayPal, or another payment processing vendor that may be utilized by us, using the account information provided by you or as otherwise specified by you, for example a credit card. You authorize PayPal, any other payment processing vendor utilized by us, or such credit card account to pay any amounts so donated or contributed by you, and authorize Voice In Sport (or its authorized payment processor) to charge all sums described herein to your PayPal account or through our other payment processing vendor or such credit card account. You agree to provide Voice In Sport updated information regarding your credit card account upon Voice In Sport’s request and any time the information earlier provided is no longer valid.
4. User Content
4.1 User Content Generally
. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service or otherwise share User Content with other users. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service, provided that you will grant us a limited license to such User Content (as further described below).
4.2 Limited License Grant to Voice In Sport
. By posting or publishing User Content, you grant Voice In Sport a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Voice In Sport may be without any compensation paid to you.
4.3 Limited License Grant to Other Users.
By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
4.4 User Content Representations and Warranties
. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Voice In Sport and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by Voice In Sport and these Terms; and Your User Content, and the use of User Content as contemplated by the Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party.
4.5 User Content Disclaimer
. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Voice In Sport may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Voice In Sport with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Voice In Sport does not permit copyright-infringing activities on the Service.
4.6 Session Booking Policy.
An athlete can sign up for a session with zero participants at any time before 6 hours prior to the scheduled start time. If a session has participants, an athlete can sign up at any time before 5 minutes before the scheduled start time. We recommend a host schedules their session a minimum of four days (96 hours) in advance. All sessions are submitted to the VIS Team for approval before they are posted on the platform. Please allow 48 hours for approval of the session. If a session has zero participants 6 hours before your scheduled session start time, it will be cancelled and the host will be notified.
4.7 Session Cancellation Policy.
If an athlete cancels a group or 1-1 session more than 24 hours in advance they will be refunded. If an athlete cancels a group or 1-1 session less than 24 hours prior to the session, they will not be refunded. If an athlete does not show for a session, they will not be refunded. If a host needs to cancel a session, with more than 24 hours before the scheduled start time, they will not be charged and the athletes are refunded. If a host cancels with less than 24 hours before the scheduled start time, they will be charged the cancellation fee ($5). If a host cancels with less than 6 hours before the scheduled start time, they will be charged $5 per athlete. The cancellation fee will be taken from the hosts next session payout. If a host does not show to a session, they will be charged the cancellation fee ($5 per athlete) and the athlete will be refunded. The cancellation fee will be taken from the host next session payout.
5. Digital Millennium Copyright Act
5.1 DMCA Notification
. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address: 2035 Sunset Lake Road, Suite B-2, Newark DE 19702. Registered Agent is LegalInc Corporate Services Inc.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
5.2 Repeat Infringers
. Voice In Sport will promptly terminate without notice, and without penalty or recourse against Voice In Sport, the accounts of users that are determined by Voice In Sport to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
6. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
6.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
6.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
6.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
6.4 interfere with security-related features of the Service, including without limitation by (a) disabling or circumventing features that prevent or limit use or copying of any content, or (b) reverse engineering or otherwise attempting to discover the source code of the Service or any part of the Service, except to the extent that activity is expressly permitted by applicable law;
6.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
6.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
6.7 sell or otherwise transfer the access granted in the Terms or any Materials (as defined in Section 13 below) or any right or ability to view, access, or use any Materials; or
6.8 attempt to do any of the foregoing in this Section 6, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 6.
7. Additional Terms for Mentors
. If you are a “mentor” user of the Service or have applied to be a “mentor” user, then you also agree to the following additional terms.
7.2 After you have been granted the “mentor” status, you may be paired with certain other user(s) of the Service who have consented to receive advice from you and who you may consider as your “mentee”. As a mentor, you are still an independent user of the Service and are not deemed in any way personnel of Voice In Sport. Nothing should be deemed to create any employment, contractor, agent or other affiliate relationship between you and Voice In Sport by virtue of you being granted “mentor” status. You are not allowed to make any representation or statement on behalf of, or in any manner that may be interpreted as being made on behalf of, Voice In Sport. During the course of using the Service as a mentor, you may voluntarily provide advice or information to your mentees, in your own, individual capacity. Any such advice or information is provided on your own behalf, and does not represent any advice or view of Voice In Sport.
7.3 When interacting with your mentees through the Service, whether online or offline, you agree to comply with all guidelines and requirements provided by Voice In Sport to you. You will not present any false, misleading or inappropriate information and will not engage in any illegal or inappropriate behaviors. You are not allowed to charge any fees to your mentees or ask for any monetary compensation for providing any information, advice or mentorship to your mentees.
7.4 As a mentor, you may be provided with information (including personally identifiable information) about your mentees or other users of the Service, either by Voice In Sport or directly by those individuals. You agree that any information provided to you is confidential in nature. You agree to protect and maintain the confidentiality of such information, to use such information only for the purposes of using the Service as a mentor, and not to disclose any such information to any third party. You will respect the privacy of the individuals with whom you interact and will not share with any third parties their information or stories without first obtaining express consent from Voice In Sport and the individuals.
. Certain users of the Service (e.g., mentors and advocates) may have access to certain curriculum, course materials, and other content (collectively, “Curriculum”) developed or licensed by Voice In Sport. Voice In Sport and its licensors retain all ownership rights including all associated intellectual property rights in and to the Curriculum. If you are provided with access to the Curriculum, you may use it only for the purpose of the Service and through our virtual mentoring platform. You will not download, store, copy, reproduce, modify, distribute or otherwise exploit the Curriculum unless you have first obtained express written consent from Voice In Sport.
9. Third-Party Services and Linked Websites
. Voice In Sport may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Voice In Sport with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
10. Termination of Use; Discontinuation and Modification of the Service
. If you violate any provision of these Terms of Service, your permission to use the Service will terminate automatically. Additionally, Voice In Sport in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice, and without penalty or recourse against Voice In Sport. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Upon any termination of your access to or use of the Service, any mentor-mentee relationship in connection with your prior use of the Service will terminate automatically. You may no longer represent yourself as a mentor or mentee with Voice In Sport. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org.
11. Corporate Practice of Medicine
. VIS is not a medical group. All group sessions in which you will participate shall be either (a) non-clinical in nature, or (b) clinical sessions that are administered by independent practitioners who are not employed by VIS and who are independently and solely responsible for the treatment, care, and other professional services and advice. You understand and VIS merely provides an intermediary platform and helps facilitate a network of practitioners to connect with users and members of VIS (which may include, without limitation, you) and that VIS does not provide clinical medical care or advice. The content of the VIS website (images, articles, pre-recorded videos, group sessions) are not medical advice.
. You understand that VIS is not an insurance product and that nothing in these Terms of Service shall be deemed to be, or construed as, an insurance product.
13. Authorization of Medical Information
14.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms“), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
[The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the “Usage Rules” set forth in Apple’s App Store Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”) and as they relate to any mobile application operated by Voice In Sport as part of the Service (the “App”):
a. Acknowledgement. The parties hereto hereby acknowledge that:
i. These Terms of Service are is between the parties only and not with Apple;
ii. Apple is not responsible for the App or the content thereof;
iii. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
iv. Apple is not responsible for addressing any claims you or any third party have or may have relating to the App or your possession and/or use of the App, including, without limitation, (1) product liability claims, (2) any claim that such App fails to conform to any applicable legal or regulatory requirement, (3) claims arising under consumer protection or similar legislation, and (4) intellectual property infringement claims;
v. The usage rules for the App under these Terms of Service are not intended to be less restrictive than Apple’s Usage Rules;
vi. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service; and
vii. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary hereof.
b. Amended Scope of Limited License – The App. If you download, access or use the App from or through Apple’s App Store, then any limited license(s) granted to you hereunder with respect to the App is/are hereby amended to add the following restriction: you may not use the App on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control or in any manner that is contrary to Apple’s Usage Rules.]
15. Changes to the Terms
. We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. In the event that a change to these Terms of Service materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. You are automatically accepting and agreeing to the most recent version of these Terms of Service whenever you access or use the Site and/or the Service, and your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance. It is your responsibility to carefully review these Terms of Service each time you access or use the Site or the Service. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
16. Ownership; Proprietary Rights
. The Service is owned and operated by Voice In Sport. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, Curriculum and all other elements of the Service (the “Materials”) provided by Voice In Sport are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Voice In Sport or our third-party licensors. Except as expressly authorized by Voice In Sport, you may not make use of the Materials. Voice In Sport reserves all rights to the Materials not granted expressly in these Terms of Service. For any feedback or suggestions provided by you to us regarding any Materials (“Feedback”), you hereby assign to us all of your right, title, and interest in and to the Feedback, including all intellectual property and proprietary rights.
. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Voice In Sport and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Voice In Sport Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any representation, warranty, or agreements referenced in the Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
18. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE VOICE IN SPORT ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE VOICE IN SPORT ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ALL USERS, INCLUDING ALL REGISTERED MENTORS AND MENTEES, USE THE SERVICE AT THEIR SOLE DISCRETION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VOICE IN SPORT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE VOICE IN SPORT ENTITIES DO NOT GUARANTEE COLLEGE ADMISSION IN ANY COLLEGE, NOR DO THEY GUARANTEE YOUR MENTOR WILL MEET YOUR EXPECTATIONS FOR MENTORSHIP. ANY ADVICE PROVIDED BY YOUR MENTOR IS INDEPENDENT OF VOICE IN SPORT, AND VOICE IN SPORT DOES NOT TAKE ANY RESPONSIBILITY FOR ANY ADVICE RENDERED TO YOU OR FOR ANY COMMUNICATION BETWEEN MENTORS AND MENTEES. YOUR MENTOR WILL NOT SUBMIT COLLEGE APPLICATIONS FOR YOU AND YOU ARE USING YOUR MENTOR’S ADVICE AT YOUR SOLE DISCRETION AND RISK.
YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19. Additional Medical Disclaimer
YOU UNDERSTAND THAT THE INFORMATION ON THE SITE IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALL CONTENT CONTAINED ON OR AVAILABLE THROUGH THIS WEB SITE IS FOR GENERAL INFORMATION PURPOSES ONLY. VOICE IN SPORT EMPLOYS INDIVIDUALS TO PROVIDE SPORTS COACHING AND NUTRITIONAL INFORMATION AND LEAD GROUP DISCUSSION SESSIONS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT RESPONSIBLE FOR ANY CLINICAL ADVICE, DIAGNOSIS, OR TREATMENT YOU MAY RECEIVE FROM INDEPENDENT PRACTITIONERS WHO PROVIDE CLINICAL SERVICES TO YOU IN CONNECTION WITH THE SITE. VOICE IN SPORT MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS SITE, AND SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE ENCOURAGED TO CONFIRM ANY INFORMATION OBTAINED FROM OR THROUGH THIS SITE WITH OTHER SOURCES AND REVIEW ALL INFORMATION REGARDING ANY MEDICAL CONDITION OR TREATMENT WITH YOUR PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTHCARE PROVIDERS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE. SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS OR CONCERNS REGARDING INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS.
YOU UNDERSTAND THAT THE CLINICIANS AND OTHER PRACTITIONERS WHO ARE MADE AVAILABLE TO YOU THROUGH THE SITE FOR CLINICAL SESSIONS ARE INDEPENDENT CONTRACTORS AND, AS A RESULT, VOICE IN SPORT IS NOT RESPONSIBLE FOR THE CARE PROVIDED BY THESE CLINICIANS. INTERACTION WITH THESE CLINICIANS VIA THE SITE IS NOT INTENDED TO TAKE THE PLACE OF A RELATIONSHIP WITH A REGULAR HEALTH CARE PRACTITIONER OR PRIMARY CARE PHYSICIAN. VOICE IN SPORT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, MEDICATIONS, PRODUCTS, OR PROCEDURES. YOU FURTHER UNDERSTAND THAT THE SITE IS INTENDED FOR NON-EMERGENCY USE ONLY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL “911” IMMEDIATELY.
20. Limitation of Liability
IN NO EVENT WILL THE VOICE IN SPORT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE VOICE IN SPORT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE VOICE IN SPORT ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Governing Law
. These Terms will be governed by the laws of the state of New York without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under the Terms of Service, you and Voice In Sport agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Brooklyn, New York for the purpose of litigating all such disputes.
and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Voice In Sport regarding your use of and access to the Site and the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms of Service. You may not assign or transfer these Terms of Service or your rights under the Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms of Service or any provision of these Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 4, 6, and 8 through 22
23. Dispute Resolution and Arbitration
. In the interest of resolving disputes between you and Voice In Sport in the most expedient and cost effective manner, you and Voice In Sport agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOICE IN SPORT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
. Notwithstanding Subsection 23.1
, you and Voice In Sport both agree that nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit either of our rights to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.
. Any arbitration between you and Voice In Sport will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Voice In Sport.
23.4 Notice; Process
. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (the “Notice“). Voice In Sport’s address for the Notice is: 360 Furman Street, #203, Brooklyn NY 11201. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). Both you and Voice In Sport agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or Voice In Sport may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Voice In Sport will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
. Any arbitration hearings will take place at a location we mutually agree upon. In the event we cannot agree, it will take place at a location to be agreed upon in New York. Provided that if the claim is for $10,000 or less, the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) if mutually agreed to, through an appearance based telephonic or website medium hearing such as Zoom; or (c) if mutually agreed to, by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
23.6 No Class Actions
. YOU AND VOICE IN SPORT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Voice In Sport agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
. In the event that Voice In Sport makes any future change to this arbitration provision (other than a change to Voice In Sport’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Voice In Sport’s address for Notice, in which case your account with Voice In Sport will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
. If Subsection 23.6
is found to be unenforceable or if the entirety of this Section 23
is found to be unenforceable, then the entirety of this Section 23
will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23
will govern any action arising out of or related to these Terms of Service.
24. Consent to Electronic Communications
24.1 Express Consent
. You hereby expressly consent to Voice In Sport sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters, or other informational purposes) via an electronic means or forms as Voice In Sport deems appropriate in its sole discretion, whether through the Site, the Service, your user account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for the use of any of the Voice In Sport Service.
24.2 Email Opt-Out
. You may opt-out of receiving any electronic messages from Voice In Sport as described in Subsection 24.1
at any time by any reasonable means, including, without limitation and by way of example, by sending an email to email@example.com with a subject line of “Opt-Out of Electronic Communications”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site and/or the Service or your ability to receive certain messages or notifications from Voice In Sport.
25.1 Excused Performance
. Voice In Sport is hereby excused for any failure to perform under these Terms of Service to the extent that its performance is prevented by area reason outside of its reasonable control or that may be characterized as a force majeure event.
25.2 Assignment and Delegation
. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms of Service without Voice In Sport’s prior written consent in each instance.
. If any term or condition of these Terms of Service is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining terms and conditions shall not be affected, and such court of law or arbitrator (as applicable) shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms of Service.
25.4 Entire Agreement
26. Contact Information
. The Service under the Terms of Service is offered by Voice In Sport at 360 Furman Street, #203, Brooklyn NY 11201. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.
27. Effective Date
. These Terms of Service are made effective as of May 25, 2021.