Subscriber Agreement
SportsEngine, Inc. (“SportsEngine”, “we”, “our” or “us”) is pleased to offer you access to our ‘Buy Now’ bundle of tools and services which includes: Sitebuilder (DIY Design), Registration, Tourney, League, Dibs, PowerPay, TeamCenter, RallyMe, and People360 (collectively, the “Service”). When you sign up for a subscription to the Service, you agree to the terms and conditions set forth in this Subscription Agreement (this “Subscription Agreement”), the Terms of Use and Privacy Policy.
We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Subscription Agreement at any time. If we make material changes to this Subscription Agreement, we will notify you of such changes via the Service. If you do not agree to this Subscription Agreement, you should not use the Service and cancel your subscription. This Subscription Agreement is part of and is incorporated by reference into the Terms of Use, and all terms and provisions of the Terms of Use shall apply to your use of the Service. In the event of any conflict between the Terms of Use and this Subscription Agreement, the terms of this Subscription Agreement shall govern.
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Your Subscription: Billing; Automatic Renewal, and Cancellation
Subscription Period. The initial term of your subscription will provide you access to the Service for the period of one (1) year, starting on the date of sign-up (“Subscription Period”). After the initial term, unless you cancel your subscription as provided herein, your subscription will automatically renew for additional one (1) year terms.
Standard Payment and Fees. There are no upfront fees, or monthly or annual subscription fees, as long as you use the Service at least seventy percent (70%) of your organization’s signups and invoice processing. We will charge you in real time as you transact to leverage the Service. We will apply the rates that you agreed to during sign-up, in addition to any applicable taxes, transaction fees, and other charges and fees incurred in order to access the Service. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") for payment. You may edit your Payment Method information from your Account page. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Alternate Fees. IF YOU CHOOSE NOT TO USE THE SERVICE AS YOUR SYSTEM OF RECORD FOR COLLECTING AT LEAST SEVENTY PERCENT (70%) OF YOUR SEASON PROGRAM FEES, SPORTSENGINE RESERVES THE RIGHT TO (A) AUTOMATICALLY CHARGE YOU A FLAT ANNUAL FEE OF $1,500 AT THE CONCLUSION OF THE APPLICABLE YEAR, (B) TERMINATE THE USAGE AGREEMENT OR (C) BOTH.
Billing Information. For purposes of your use of the Service, including identification and billing, you agree to provide us with true, accurate, and complete information as required by the subscription or sign up process to the Service (“Subscription Data”), including your legal name, address, telephone number, e-mail address, and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Subscription Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your account or subscription and refuse any and all current or future use by you of the Service. You must check your Account page to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.
Price Increases. We reserve the right to increase charges and fees or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Service or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis.
Automatic Renewal. YOUR SUBSCRIPTION TO THE SERVICE WILL AUTOMATICALLY RENEW UNLESS TERMINATED OR CANCELED BY YOU IN ACCORDANCE WITH THESE TERMS.
BY STARTING YOUR SUBSCRIPTION AND PROVIDING OR DESIGNATING A PAYMENT METHOD, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD IN ACCORDANCE WITH THE TERMS DESCRIBED HEREIN BOTH DURING THE INITIAL TERM OF YOUR SUBSCRIPTION AND DURING EACH RENEWAL PERIOD, UNLESS YOU TERMINATE OR CANCEL YOUR SUBSCRIPTION BEFORE THE RELEVANT RENEWAL PERIOD BEGINS.
WE WILL NOTIFY YOU BEFORE THE END OF YOUR SUBSCRIPTION PERIOD THAT YOUR SUBSCRIPTION IS EXPIRING, AND WE WILL PROVIDE YOU WITH THE TERMS AND CONDITIONS THAT WILL APPLY IF YOU WOULD LIKE TO RENEW YOUR SUBSCRIPTION. YOU WILL THEN HAVE THE OPTION TO CANCEL OR RENEW YOUR SUBSCRIPTION. IF YOU DO NOT CANCEL OR RENEW YOUR SUBSCRIPTION BEFORE THE EXPIRATION OF YOUR THEN CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE RENEWAL PRICE FOR THE RENEWAL PERIOD YOU WERE NOTIFIED OF.
IN THE EVENT WE CANNOT CHARGE YOUR ACCOUNT, WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICE.
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Account Restrictions
If your registration or subscription is revoked for any reason, you agree not to register or subscribe to the Service using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your Account has previously been terminated, we reserve the right to terminate any new Account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
Automatic Renewal. You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your Subscription until you update your Subscription Data. If your credit card expires or is canceled, lost or subject to use without your authorization, you must update your Subscription Data in your Account. You are entirely responsible for any and all activities which occur under your Account.
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Cancellation; and Refunds
Cancellation. You may cancel your subscription to the Service at any time within the first ninety (90) days of the initial term of your subscription. If you cancel, you will remain responsible for all charges incurred prior to your cancellation. If you do not cancel within the first (90) days of the initial term of your subscription, your subscription will run for the full one (1) year period of the initial term or any renewal terms.
You can cancel your subscription by contacting customer service at [email protected] or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
Upon cancellation or termination of your subscription to the Service, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Service (or part thereof) except as we may otherwise provide in writing from time to time.
No Refunds. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
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Availability of the Service
The availability and use of the Service may be limited based on age, geographic location or other criteria as we may establish from time to time and communicate to you. You understand and agree we may disallow you from subscribing to the Service or may terminate your subscription to the Service at any time based on these criteria.
