BY CLICKING ON THE [“CONTINUE”] BUTTON BELOW OR OTHERWISE USING THE Mobile App, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement AND AGREE TO BE BOUND BY ITS TERMS. USA TABLE TENNIS RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE MOBILE APP AT ANY TIME.
FOR IOS AND ANDROID USERS: YOU ACKNOWLEDGE THAT THIS IS AN AGREEMENT BETWEEN YOU AND THE USA TABLE TENNIS, INC. ONLY, AND NOT WITH THE APP STORE WHERE YOU DOWNLOADED THE MOBILE APP (FOR IOS USERS, THE APP STORE OPERATED BY APPLE OR FOR ANDROID USERS, THE GOOGLE PLAY STORE OPERATED BY GOOGLE). APPLE AND GOOGLE ARE NOT LIABLE FOR ANY DAMAGES RELATED TO THE MOBILE APP. APPLE AND GOOGLE SHALL EACH BE A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT WITH RESPECT TO THIS PARAGRAPH.
YOU MAY BE ASKED TO AGREE TO additional terms PRIOR TO USING Certain features or services offered by THE MOBILE APP ("Additional Terms"). YOUR AGREEMENT TO THESE ADDITIONAL terms are also legally binding. In the event of an irreconcilable inconsistency between the Additional Terms and the Agreement, the Additional Terms shall control.
- We may share your personal information within the U.S. Olympic Family, and with our service providers and select business partners in order to administer the Mobile App, provide its services to you and authorize our business partners to provide you with special offers and promotional materials that might be of interest to you.
- If you choose to use a location-based service, we will collect and use your location- based information to provide helpful information to you. You may disable this feature at any time.
- THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE MOBILE APP TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO.
1. PRIVACY STATEMENT.
1.1. INFORMATION WE COLLECT:
WHEN YOU INTERACT WITH THE MOBILE APP, YOU MAY CHOOSE TO PROVIDE INFORMATION THAT COULD REASONABLY BE USED TO IDENTIFY YOU PERSONALLY, SUCH AS: YOUR CONTACT INFORMATION (E.G., NAME AND E-MAIL ADDRESS); DEMOGRAPHIC INFORMATION, SUCH AS AGE INFORMATION AND GENDER; COMMUNICATIONS PREFERENCES; AND ADDITIONAL INFORMATION AS OTHERWISE DESCRIBED TO YOU AT THE POINT OF COLLECTION OR PURSUANT TO YOUR CONSENT.
We may also collect information about your use of the Mobile App or the Device, including, without limitation, your mobile Device type, Device ID, operating system and version, and mobile number.
1.2. USE AND SHARING OF INFORMATION:
HOW WE USE YOUR INFORMATION: WE MAY USE YOUR INFORMATION TO: (I) PERSONALIZE YOUR USE OF THE MOBILE APP; (II) PROVIDE YOU WITH LOCATION OR EVENT-SPECIFIC PROMOTIONS, SERVICES, SURVEYS, AND OTHER INFORMATION THAT MAY BE RELEVANT TO YOUR USE OF THE MOBILE APP; (III) CONTACT YOU ABOUT PRODUCTS, SERVICES, AND EVENTS THAT WE THINK MIGHT BE OF INTEREST TO YOU; (IV) MAINTAIN OR ADMINISTER THE MOBILE APP; AND (V) AS OTHERWISE DESCRIBED TO YOU AT THE POINT OF COLLECTION OR PURSUANT TO YOUR CONSENT.
1.3. WHO WE SHARE YOUR INFORMATION WITH:
WE MAY SHARE YOUR INFORMATION WITH OUR MEMBER ORGANIZATIONS AND OTHER AFFILIATED ENTITIES, AS WELL AS OUR SELECT BUSINESS PARTNERS, FOR MARKETING AND PROMOTIONAL PURPOSES. WE MAY ALSO PROVIDE YOUR INFORMATION TO OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT NECESSARY TO PERFORM THEIR SERVICES.
We have adopted security procedures to help protect against loss, misuse, and unauthorized access to the information we collect and receive. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. By using the Mobile App, you acknowledge this risk.
1.5. LOCATION-BASED SERVICES:
YOU MAY BE ASKED TO OPT-IN TO PERMIT US TO ACCESS YOUR LOCATION IN ORDER FOR US TO PROVIDE MOBILE APP LOCATION-BASED SERVICES. IF YOU NO LONGER WANT US TO HAVE ACCESS TO YOUR LOCATION, YOU CAN ADJUST YOUR LOCATION SETTINGS ON YOUR DEVICE.
1.6. CONSENT TO PROCESSING:
Please note that information collected by the Mobile App will be stored in the United States which may have different data protection laws than the country you reside in. You consent to our storage and processing of this information in the United States by installing and using the Mobile App.
2. USER CODE OF CONDUCT. IN ACCESSING AND USING THE MOBILE APP, YOU AGREE THAT YOU WILL NOT:
Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity.
Attempt to gain unauthorized access to the Mobile App, any related content, website, other accounts, computer system, or networks including through hacking, password mining, harvesting, or any other means.
You agree to abide by our User Code of Conduct, as provided herein, and not to use the Mobile App in any manner not expressly permitted by the Agreement. If you breach this or any other section of the Agreement, your use of the Mobile App may be immediately and indefinitely suspended.
3. LICENSE AND ASSIGNMENT.
WE GRANT YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO USE THE MOBILE APP FOR PERSONAL USE ONLY ON ANY DEVICE THAT YOU OWN OR CONTROL AND AS PERMITTED BY THE RULES SET FORTH IN THE APPLICABLE APP STORE, INCLUDING THE USAGE RULES IN THE APPLE APP STORE TERMS OF SERVICE (THE “LICENSE”). YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DISASSEMBLE, COPY, DISTRIBUTE, DISPLAY, LICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER, OR SELL ANY INFORMATION, SOFTWARE, PRODUCTS, DATA OR SERVICES OBTAINED FROM OR IN CONNECTION WITH THE MOBILE APP. YOU MAY NOT REMOVE ANY PROPRIETARY NOTICES, LABELS, OR MARKS ON THE MOBILE APP, OR THEIR ACCOMPANYING DOCUMENTATION.
All USA Table Tennis trademarks, service marks, trade names, logos, domain names, and any other features of the USA Table Tennis brand (“Marks”) are the sole property of USA Table Tennis. This License does not grant you any rights to USA Table Tennis Marks, whether for commercial or non-commercial use.
We hereby reserve all rights not expressly granted in the Agreement.
4. MODIFICATIONS TO MOBILE APP.
WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO INTERRUPT, RESTRICT (WITHOUT CAUSE AND WITHOUT NOTICE TO YOU), MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE MOBILE APP (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE MOBILE APP. THE MOBILE APP MAY UPDATE ON YOUR DEVICE AUTOMATICALLY WHEN A NEW VERSION IS AVAILABLE.
YOU AGREE TO IMMEDIATELY NOTIFY US IF YOU SUSPECT FRAUDULENT OR ABUSIVE ACTIVITY. IF YOU SO NOTIFY US, OR WE OTHERWISE SUSPECT FRAUDULENT OR ABUSIVE ACTIVITY, YOU AGREE TO COOPERATE WITH US IN ANY FRAUD INVESTIGATION AND TO USE ANY FRAUD PREVENTION MEASURES WE PRESCRIBE. YOUR FAILURE TO COOPERATE OR TO USE SUCH MEASURES WILL RESULT IN YOUR LIABILITY FOR ALL FRAUDULENT USAGE OR ABUSIVE ACTIVITY ASSOCIATED WITH YOUR DEVICE.
6. CHANGES TO THIS AGREEMENT.
WE MAY CHANGE OR MODIFY THE AGREEMENT FROM TIME TO TIME BY INFORMING YOU OF SUCH CHANGE WHEN YOU USE THE MOBILE APP. YOU MAY BE NOTIFIED THAT A NEW VERSION OF THE MOBILE APP IS AVAILABLE. IF YOU USE THE MOBILE APP AFTER THE UPGRADE OR CHANGE TO THE MOBILE APP OR TO THE AGREEMENT, YOU AGREE TO SUCH CHANGE.
IN NO EVENT SHALL USA TABLE TENNIS, INC. PARTIES, AS DEFINED BELOW, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE ARISING FROM OR IN ANY MANNER RELATED TO THE USE OF THIS APP OR FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY PERSON OR THIRD PARTY. IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROVIDE THE MOBILE APP ERROR-FREE, WE MAKE NO REPRESENTATION AND WARRANTY THAT OUR EFFORTS WILL BE SUCCESSFUL AT ALL TIMES, AND WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO OUR FAILURE TO PROVIDE THE MOBILE APP ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE USA TABLE TENNIS, AND ITS AFFILIATES AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “USA TABLE TENNIS PARTIES”) FROM ANY LIABILITY, CLAIM, DEMAND, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE MOBILE APP, YOUR BREACH OF THIS AGREEMENT, OR ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN. YOU SHALL NOT SETTLE ANY SUCH CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE USA TABLE TENNIS. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
9. DISPUTE RESOLUTION; LOCATION AND GOVERNING LAW.
THIS AGREEMENT IS GOVERNED BY, AND MUST BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO, AS APPLICABLE, WITHOUT GIVING EFFECT TO THEIR PRINCIPLES OF CONFLICTS OF LAW. BY USING THE MOBILE APP, YOU WAIVE ANY CLAIMS THAT MAY ARISE UNDER THE LAWS OF OTHER STATES, COUNTRIES, TERRITORIES OR JURISDICTIONS.
9.1. NOTICE OF DISPUTE.
FOR ANY PROBLEM OR DISPUTE THAT YOU MAY HAVE WITH THE USA TABLE TENNIS, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL FIRST GIVE THE USA TABLE TENNIS AN OPPORTUNITY TO RESOLVE YOUR PROBLEM OR DISPUTE. THIS INCLUDES YOU FIRST SENDING A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND A PROPOSED SOLUTION. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO THE LEGAL DEPARTMENT, USA TABLE TENNIS, 4065 SINTON ROAD SUITE 120, COLORADO SPRINGS, CO 80907. YOU THEN AGREE TO NEGOTIATE WITH THE USA TABLE TENNIS IN GOOD FAITH ABOUT YOUR PROBLEM OR DISPUTE. THIS SHOULD LEAD TO RESOLUTION, BUT IF FOR SOME REASON YOUR PROBLEM OR DISPUTE IS NOT RESOLVED SATISFACTORILY WITHIN SIXTY (60) DAYS AFTER THE USA TABLE TENNIS’ RECEIPT OF YOUR WRITTEN DESCRIPTION OF IT, YOU AGREE TO THE FURTHER DISPUTE RESOLUTION PROVISIONS BELOW.
9.2.Small Claims Court:
You may litigate any dispute in the Small Claims Division of the El Paso County Court in El Paso County, Colorado if the dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated informally first.
If you and the USA Table Tennis, do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
9.4 Class Action Waiver:
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the USA Table Tennis, Inc. will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
9.5 Arbitration Procedures:
Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree that the location of any arbitration hearing will be in El Paso County, Colorado. The USA Table Tennis agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same compensatory damages to you individually as a court could, but shall have no power to award punitive damages or any statutory penalties, but shall have no power to enter any declaratory or injunctive relief.
9.6. Claims Or Disputes Must Be Filed Within One Year:
To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or Notice of Dispute isn't filed within one year, it's permanently barred.
9.7 Survival: THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Copyright Infringement. The USA Table Tennis respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Mobile App in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to the USA Table Tennis Copyright Agent under the Digital Millennium Copyright Act (“DMCA”):
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number, and email address, so that we may contact you if necessary;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may notify our designated copyright agent either by mail to USA Table Tennis, 4065 Sinton Road, Suite 120, Colorado Springs, CO 80907 or by email at firstname.lastname@example.org. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Miscellaneous. Assignment: You may not assign this Agreement without the USA Table Tennis’ prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Additional Provisions: If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof but are for convenience only.
Contact Us. Please direct any questions, complaints or claims related to the Mobile App or your use of the Mobile App, or requests to use a copyrighted work or trade or service mark right to email@example.com or send a letter to us at:
USA Table Tennis
4065 Sinton Road, Suite 120
Colorado Springs, CO 80907
Please also send a copy of the letter to the USA Table Tennis General Counsel at the same address.