Terms of Service Agreement

We have set rules and processes to provide customer satisfaction.

Welcome to the MySportsFriend.com website. The following Terms of Service Agreement contain the terms and conditions that govern your use of the website MySportsFriend.com and services provided by MySportsFriend, its affiliated companies, subsidiaries, partners, owners, and any other services sold or facilitated by MySportsFriend and constitutes a legal agreement between you (“User”) and MySportsFriend, its affiliated companies, subsidiaries, partners, and owners (collectively, “MySportsFriend.com,” the “Company,” “MySportsFriend,” or “MYSF”). Use of the MySportsFriend.com website constitutes acceptance of our Terms of Service Agreement.

Software is defined as the Company website, located at https://www.MySportsFriend.com (“Website”), and the Company’s mobile applications (“Application”), and any other software supplied by the Company. Services is defined as information, services, features, or resources provided by MySportsFriend or enabled via the Software (each, a “Service” and collectively, the “Services).

The User agrees as follows:

Our Terms of Service Agreement constitutes the entire and only agreement between MySportsFriend and you (User) and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings. Our Terms of Service Agreement applies to all users who use MySportsFriend.com or who use the Software and/or Services. Users in this context shall include end-users whether registered or not on MySportsFriend.com.

MySportsFriend reserves the right to add, delete, and/or modify any of the terms and conditions contained in our Terms of Service Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the MySportsFriend website. If User deems any modifications as unacceptable, User’s only recourse is to not use the Software and/or Services of MySportsFriend. User’s continued use of the MySportsFriend website or services will constitute binding acceptance of the changes.

MySportsFriend uses other affiliated companies or third parties to provide certain products and services accessible through the Software and/or Services. MySportsFriend does not control those third parties or their services. Users agree that MySportsFriend will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between an affiliate’s Terms and Conditions and our Terms of Service Agreements, you must comply with the MySportsFriend Terms of Service Agreement.

Eligibility to use this website

If the User is under the age of 18, but at least 13 years of age, he/she may use MySportsFriend services under the supervision of a parent or legal guardian after they agree to our Terms of Service Agreement. The MySportsFriend website is not intended for children under the age of 13.

MySportsFriend grants Users a limited revocable license to access and use the Software and/or Services for its offered services, subject to Users’ compliance with our Terms of Service Agreement. MySportsFriend does not allow customers to collect information or use information collected on the Software and/or Services to compete with MySportsFriend or to create derivative work based on the content of the Software and/or Services. If the User uses the information other than as per our Terms of Service Agreement, MySportsFriend may revoke access and pursue other legal courses of action permitted under applicable state or federal law.

Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Software and/or Services, you agree that:

(a) You will only use the Software and/or Services for lawful purposes; you will not use the Software and/or Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, MySportsFriend employees, or our community.

(b) You will only use the Software and/or Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.

(c) You will only access the Software and/or Services using means explicitly authorized by MySportsFriend.

(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Software and/or Services.

(e) You will not use the Software and/or Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use the Software and/or Services, or any content accessible through the Software and/or Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any vendor, user, or Contractor, unless MySportsFriend has given you prior permission to do so in writing.

(g) You will not copy or distribute the Software and/or Services or any content displayed through the Software and/or Services, product content, and reviews, for republication in any format or media.

(h) You will not compile, directly or indirectly, any content displayed through the Software and/or Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Software and/or Services.

(k) You will use the Software and/or Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Software and/or Services or content displayed by the Software and/or Services to a third party.

(l) You will not use the Software and/or Services in any way that could damage, disable, overburden or impair any MySportsFriend server, or the networks connected to any MySportsFriend server.

(m) You will not attempt to gain unauthorized access to the Software and/or Services and/or to any account, resource, computer system, and/or network connected to any MySportsFriend server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures MySportsFriend may use to prevent or restrict access to the Software and/or Services or use of the Software and/or Services or the content therein.

(o) You will not deep-link to our Software and/or Services or access our Software and/or Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our Software and/or Services or any content on our Software and/or Services.

(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Software and/or Services.

(q) You will not try to harm other Users, MySportsFriend, or the Software and/or Services in any way whatsoever.

(r) You will not engage in threatening, harassing, racist, sexist, or any other behavior that MySportsFriend deems inappropriate when using the Software and/or Services.

(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Software and/or Services.

(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.

(u) You will not attempt to undertake any of the foregoing.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

Registration, Security, and Communication Registration:

You may register on our website to create your MySportsFriend account. By completing registration, you hereby clearly agree, acknowledge, and grant us to access your personal information available in your account as per our Privacy Policy. You shall not use this website for any other purpose other than as mentioned on the website or for products/services that are not allowed under applicable law in any manner.

You agree to provide true, accurate, and complete information while transacting or registering or for any other purpose when prompted to do so on the Software and/or Services. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible for maintaining and promptly updating the information provided while registering or for any other purpose on the Software and/or Services to ensure that the information provided by you is true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or MySportsFriend has reasonable grounds to deduce that such information is untrue, inaccurate, not current, incomplete, or not in accordance with our Terms of Service Agreement, MySportsFriend reserves the right to indefinitely suspend, terminate, or block your use or access to the Software and/or Services in any manner whatsoever.

Electronic Communication:

You agree and acknowledge to keep yourself updated with all data, information, and communication pertaining to you including but not limited to correspondence email ID, mobile number, and other relevant details. You further agree that your use of the Software and/or Services or provision of any data or information including any correspondence (by email or otherwise) to or by MySportsFriend is through electronic records and that you give consent to receive communication from MySportsFriend via electronic records which will be deemed adequate service of notice/electronic record.

License:

Subject to the terms and conditions of our Terms of Service Agreement, we grant to you a non-exclusive, non-transferable license to use MySportsFriend. You shall use the Licensed Program, i.e. website, of MySportsFriend for your own use only. You shall not, however, transfer or sublicense the same to any third party, in whole or in part, in any form, whether modified or unmodified.

Payment Policy:

Payment shall be made as per the product price list available on MySportsFriend.com subject to offers available on our website from time to time.

Further, MySportsFriend reserves the right to introduce new products/services or to modify/upgrade existing products/services provided on the Software and/or Services. Additionally, MySportsFriend may, at its sole discretion, introduce new charges for the new or modified/upgraded products/services provided. Changes to our Terms of Service Agreement or any of the rules and policies of MySportsFriend shall be posted on the website, and such changes shall automatically become effective immediately after being posted on the website. Further, MySportsFriend reserves the right to issue a warning or temporarily/indefinitely suspend or terminate your registration with the website and disallow access to the website.

Online Payments must be made using the payment software of a payment gateway service provider in accordance with the terms and conditions, privacy policy, and other policies of the payment gateway. The user clearly agrees and acknowledges that MySportsFriend shall not be held responsible in the event of any delays, errors, or fraud in the processing of payment by entities outside the control of MySportsFriend.

MySportsFriend uses payment systems as authorized by the Central Bank of the United States of America. MySportsFriend neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall MySportsFriend be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.

MySportsFriend reserves the right to automatically charge your card on file, whether stored on a Credit Card Authorization form or stored with Stripe, for dues owed according to our rules and policies for a given service.

Reservation of Rights:

MySportsFriend reserves the right but does not assume the obligation to monitor transactions and communication that occur through the website. If MySportsFriend determines, in its sole and absolute discretion, that User has breached a term or condition of our Terms of Service Agreement, MySportsFriend may cancel such transactions and restrict access.

MySportsFriend may modify the Software and/or Services at any time without any prior notice and will incur no liability for doing so.

Representation and Warranties:

User of the site represents and warrants to MySportsFriend that in use of the Software and/or Services, User will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal rights of any third party. User further represents and warrants to MySportsFriend that there are no claims, demands, or any form of litigation pending to the best of User’s knowledge, threatened with respect to any of User’s content. MySportsFriend will not be required to pay any third party related to using the content provided by the User. User’s content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the Software and/or Services.

Prohibited Use:

User can only use the Software and/or Services as expressly permitted by MySportsFriend. User may not cause harm to the Software and/or Services. Specifically, but not by way of limitation, User may not:

• Interfere with website performance by using viruses or any other technology or program designed to affect the performance, content, and/or appearance of the website.
• Modify or create derivatives of work by reverse engineering, decompiling, or disassembling any technology.
• Collect any user information used for registration.
• Disrupt operations of the Software and/or Services.

Termination:

Our Terms of Service Agreement will survive indefinitely unless and until MySportsFriend terminates them. MySportsFriend may suspend or terminate User’s use of the Software and/or Services if it believes, in its sole and absolute discretion, that you have breached the terms of our Terms of Service Agreement.

If either User or MySportsFriend terminates User use of the Software and/or Services, MySportsFriend may delete any Content or other materials relating to your use of the Software and/or Services on the MySportsFriend servers or otherwise in its possession and MySportsFriend will have no liability to you or any third party for doing so.

Registration:

By registering to the Software and/or Services, you will be automatically subscribed to our newsletter subscription/promotional emailer/SMS programs.

User might be asked to register at the website. User must agree to provide accurate, complete registration information.

Colors:

There are differences in construction and configuration between computer screens and monitors. The fact that there is no true uniformity in standards to which monitors and screens must conform results in a variance in color from monitor to monitor, screen to screen. Further, monitors use light to display images and use a standard known as RGB. As such, User agrees that MySportsFriend does not guarantee colors of products will appear exactly as they do on User’s screen or monitor. Slight color variations are possible and will not be considered a production mistake and will not be eligible for a refund. MySportsFriend uses our best judgment to describe the colors of products correctly.

Production:

Most of our production occurs in-house by MySportsFriend (Made in America).

From time to time, MySportsFriend may use 3^rd party production facilities inside the United States and outside of the country (for example, Mexico, etc.). MySportsFriend cannot guarantee where the production will happen for each product and order. Your order may be manufactured in the United States or abroad.

Design Proofing:

MySportsFriend will not proofread any design or text submitted by the User for our custom-made products. Please double-check all your designs and text before submitting any order. MySportsFriend cannot be held responsible for mistakes in design made by User.

MySportsFriend will create custom made products based on the information you submit as is. In the case where a proof is requested, MySportsFriend will produce the last proof approved by the User. Any changes to the proof must be made before approval of the proof.

Materials:

You agree that you have read our website and/or researched independently and that you know what products we offer and what you are buying. MySportsFriend only guarantees that you will receive the products advertised on the Software and/or Services that you purchase. You agree that MySportsFriend is not responsible for products received that are thought by the purchaser to be something other than advertised on the Software and/or Services.

You agree that all services provided and sold by MySportsFriend are for novelty purposes only. MySportsFriend does not make any claims about the legal compliance or registration of any other products sold by MySportsFriend.

Delays:

MySportsFriend shows the estimated delivery date for each order on MySportsFriend. These dates are indicative dates only and are based on production-ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.

Production time and shipping times are a general reference guide only. The actual delivery date is subject to daily production capability and couriers’ performance. If the order is urgent or required by a specific date, please notify us and we will take the necessary steps to ensure the order is sent out within the specified timeframe. However, we have no control over 3rd party couriers’ performance, and we are not liable for delays arising from couriers’ shipping service.

Additional Terms and Policies

By using the Software and/or Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with MySportsFriend’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Software and/or Services may be subject to additional terms and conditions, which are incorporated herein by reference.

Safety Disclaimer

User is solely responsible for (a) identifying the appropriate precautions to comply with any applicable local, state, or federal laws. MySportsFriend does not have a responsibility to notify customers about changes in the law after a sale. Customer shall hold MySportsFriend and its owners, subsidiaries, employees, and any and all of its associates harmless from all claims, loss, or expenses (including attorneys’ fees) related to the purchase and use by User for any products purchased through MySportsFriend and the Software and/or Services.

Indemnification

The User indemnifies and hold harmless the Company and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software and/or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software and/or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this section, the User agrees to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Software and/or Services. The User agrees that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

The Company and Arbitration settles disputes

All disputes by the User from or under this Agreement will be submitted to the Company for resolution. If the User disagrees with the resolution, the User agrees to submit all claims and disputes from or under this Agreement to an Arbitration Service selected by the Company and according to the rules of that Arbitration Service. Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any arbitration award. The User will pay any fees charged to submit the case to the Arbitration Service. Any fees charged to submit Arbitration Service may be recovered from the other party in an arbitration award.

Consent

The contracting parties of this agreement give their consent, which is not only free but also legal and voluntary in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.

User Content

User Content, Feedback, and Ratings and Reviews are defined as:

(a) User Content. The Company may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Services and other 3rd party websites (Google, Yelp, Facebook, etc.). You hereby grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Company’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the Company a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.

(b) Feedback. The User agrees that any submission of any ideas, suggestions, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of products (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, the User agrees that: (i) you will base any Rating or Review on first-hand experience with the product; (ii) you will not provide a Rating or Review for any products listed on the Software and/or Services for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free products, or other benefits from the product manufacturer and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.

Injunction

You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.

Non-Poaching

You clearly agree and acknowledge that while this Agreement is in force and for a period of Twenty-Four (24) months thereafter, you shall not directly or indirectly solicit or offer employment to any of MySportsFriend’s officers, employees, third-party contractors, and associates who have been involved in or associated with this Agreement without MySportsFriend’s prior consent. You clearly understand and agree that Twenty-Four (24) months period is reasonable after considering training and grooming time as well as investments made by MySportsFriend.

Taxes

You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, User will indemnify, reimburse, and hold us harmless from, for, and against any sales, use, gross receipts, excise, franchise, business, or other taxes or fees (including penalties, fines, or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.

Force majeure

MySportsFriend shall be under no liability for any failure, delay, or omission by it in the performance of its obligations under this Agreement if such failure, delay, or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, government shutdowns, virus outbreaks, fire, civil disobedience, strikes, lock-outs, technical black-outs like power failures, internet failures, and industrial disputes.

Severability

If any clause of this User Agreement or the application thereof to any user or circumstance shall be deemed invalid, void, or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

Interpretation

Any dispute regarding the interpretation of this Agreement shall be submitted by the User to the Company by emailing Support@MySportsFriend.com. The resolution of such dispute by the Company shall be final and binding on the User. THIS AGREEMENT WILL BE CONSTRUED, INTERPRETED, AND APPLIED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.