The website (sportsageid.com) you have entered is
operated by or on the behalf of SportsAge ID, LLC (“SportsAge ID”).
By clicking the “I have read and agree to the Terms and Conditions of the SportsAge ID agreement” button or complying with the steps indicating agreement, you (“registrant/user”) represent and warrant that you are 18 years of age or older or are authorized to sign for and bind, the contracting party defined below as “registrant/user”, and you are unconditionally consenting to be bound by and are becoming a party to this service agreement (“Agreement”). Your continued use of this service shall also constitute assent to the terms of this agreement. If you do not conditionally agree to all of the terms of this agreement, then do not use this service.
Hosted Software & Services Agreement
This Hosted Software & Services Agreement (“Agreement”) is made effective as of the date of your online acceptance of this Agreement (“Effective Date”) and entered into between The SportsAge ID, LLC, (“SportsAge ID”) and the contracted organization. SportsAge ID agrees to provide you the Services (as defined below) subject to the following terms and conditions. Please read this Agreement carefully. By electronically agreeing and accepting, you acknowledge that you have read and understand these terms and have the authority to enter into this Agreement.
SportsAge ID will provide you with access to certain of its hosted software products (“Product(s)”) as well as applicable related services and support (“Services”) based on the functionality, features and options related to the Products and Services you have elected to receive. To assist SportsAge ID in the delivery of the Products and Services, you agree to provide SportsAge ID with certain information requested by SportsAge ID relating to your organization.
2. License to Intellectual Property/Promotion.
a) SportsAge ID shall retain all right, title and interest in and to its Products and any underlying software, patents, copyrights, trademarks, service marks, logos and trade names worldwide (“Intellectual Property”) subject to the limited license provided by this Agreement. Registrant/user shall use the Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, or act or permit action in any way that would impair SportsAge ID’s rights in its Intellectual Property. Registrant/user acknowledges that your use of the Intellectual Property shall not create in you or any other person any right, title or interest in or to such Intellectual Property.
b) SportsAge ID hereby grants to registrant/user a limited, non-exclusive, non-transferable license to use the Products solely in accordance with SportsAge ID’s specifications.
3. Information Security.
SportsAge ID collects certain information, including names, addresses and other information required by registrant/user and for the delivery of the Products and Services. All data provided by or on behalf of registrant/user must be current, complete and accurate. SportsAge ID reserves the right to terminate this Agreement immediately in the event any registration data is found to be inaccurate, incomplete or not current at any time. Additionally, SportsAge ID reserves the right to request additional information if the data is found to be inaccurate, incomplete or not current at any time.
Registrant/user is entirely responsible for maintaining the confidentiality of its password and account. Registrant/user agrees to notify SportsAge ID immediately of any unauthorized use of its account or any other breach of security. SportsAge ID shall not be liable for any loss that Registrant/user may incur as a result of an unauthorized or authorized user using its password or account, either with or without its knowledge.
5. Disclaimer of Warranty/Limitation of Liability.
Other than as contained in this Agreement, SportsAge ID expressly disclaims any warranty that the use of its products or Services will be uninterrupted or error free. All products and services of SportsAge ID are provided to registrant/user on an “AS-IS” basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. SportsAge ID shall not be liable for indirect, incidental, consequential, or lost profit damages. SportsAge ID’s total liability for any matter arising from or related to this Agreement is limited to the amount of fees actually received from the registrant/user as consideration for the products and services provided hereunder.
SportsAge ID may provide notice to registrant/user via email, regular mail, or posting notices or links to notices on the website. SportsAge ID reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice.
7. Representations and Warranties.
Each registrant/user represents and warrants that it has the necessary and full right, power, authority and capability to enter into this Agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; that the execution and performance of its obligations under this Agreement will not violate any contractual commitments or any applicable federal, state and local law or regulation.
Registrant/user agrees to indemnify, defend and hold SportsAge ID, its affiliates, subsidiaries and its and their respective officers, directors, partners, staff, licensors, representatives, advertisers, and service providers harmless from and against:
(i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by registrant/user, or resulting from your use of SportsAge ID Services, or
9. Choice of Law and Location for Resolving Disputes.
This Agreement is between Registrant/user and SportsAge ID. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall be to that extent deemed omitted and the remaining provisions will continue in full force and effect. To the extent a provision is deemed omitted, the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
North America. Registrant/user is contracting with SportsAge ID LLC located at 10820 Walker Street, Cypress, CA 90630, United States and this Agreement will be governed by the laws of the State of California and in any dispute arising out of this Agreement, Registrant/user consents to the exclusive jurisdiction and venue in the State and Federal courts within Orange County, California.
International Users. The website is administered by SportsAge ID from its offices in the United States. Materials published at the website may refer to programs or services that are not available in your country. Furthermore, SportsAge ID makes no representation that the Materials at the website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the website or export information and materials in violation of the export laws of the United States or any other country. If you access the web site from a location outside of the United States, you are responsible for compliance with all applicable State and/or Federal laws of the United States.
10. Force Majeure.
SportsAge ID will not be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond the control of SportsAge ID.
11. Proprietary Rights.
SportsAge ID retains ownership of all proprietary rights in or associated with all its products and services, and Registrant/user may not use the SportsAge ID logo, or any other name, logo, icon or mark identifying SportsAge ID products and/or services without prior written permission of SportsAge ID.
12. No Third Party Beneficiaries.
No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.
14. Miscellaneous Terms.
Questions regarding this statement should be directed to SportsAge ID, LLC.