Authorized User Agreement

By using the coachkidsup.com website or any services of Coach Kids Up, LLC ("CKU") or content provided by CKU ("Services"), you are agreeing to be bound by this Authorized User Agreement, which is also applicable to Account Owners and Authorized Users as detailed in the Master Subscription Agreement). If you are a sports league or other multi-user customer (“Account Owner”), you must also agree to be bound by the Master Subscription Agreement, which describes the policies for using the Service. If you do not agree to any term or condition of service herein, then do not use the Service.

General Terms

  • You must provide your full legal name, a valid email address, and any other information required in order to complete the signup process.
  • A single username and password ("login") may only be used by one person and that login is not assignable to any other person.
  • You are responsible for keeping your password secure. CKU is not liable, and you hereby hold CKU harmless, for any loss, claim, or damage from your login not being kept secure.
  • You are responsible and liable for all uses made by you or for your failure to properly secure, and keep secure, your login information.
  • A breach or violation of any of the Account Terms as determined by the sole discretion of CKU may result in an immediate termination of your services and liability for actual, consequential, incidental, and/or punitive damages.
  • You agree that Services may be suspended by CKU for any violation of any term or condition herein or during any investigation of a violation, even if such violation is not found.
  • You agree to indemnify CKU for any defense of claim and/or damages, whether through the court system, alternative dispute resolution, or by settlement, which CKU incurs as a result of your breach or violation of any of the Terms and Conditions herein.
  • CKU reserves the right to modify or terminate the Service for any reason, without notice at any time.
  • CKU reserves the right to refuse service to anyone for any reason at any time.
  • Your use of the Service is at your sole risk and you hold CKU harmless for the same. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express or implied.
  • You understand that CKU uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You hereby hold CKU harmless for any action or inaction by any third party vendor used by CKU.

Text Messaging

  • • You understand that, in the event that texting is involved in the Services and you use such text messaging (SMS) features as provided by the Service, you are responsible for any text messaging fees charged to you by your mobile phone carrier.
  • • In the event you change or deactivate your mobile telephone number, you will update your account information on www.coachkidsup.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You agree that CKU is not responsible for any text message that is sent to your mobile telephone number and that it may take 48 hours or more to remove your mobile telephone number from the system.

Unauthorized Activity/Uses

  • You must not upload, post, or transmit unsolicited email, SMS, or "spam" messages.
  • You must not transmit or upload any worms or viruses or any code of a destructive nature, whether known or unknown to you.
  • You may not use the Service for any illegal or unauthorized purpose
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CKU. You will not disclose or discuss any other party's information on the website with any person other than that person directly or CKU.
  • You must be 13 years of age or older to use the Service (unless you must be older as required by the jurisdiction in which you reside and/or which you login to access the Services.) You are responsible for knowing the laws in your jurisdiction.
  • You agree that you will not attempt to, by yourself or at the request of others, enter restricted areas of CKU's computer system or perform functions that you are not authorized to perform by CKU. CKU may, without notice, suspend your or any other party's access to the Services by deactivating the login if CKU suspects that you, or any other party using your login or Administrative Credentials (see Account Owners section), are obtaining unauthorized access to CKU's other systems or information, or are using logins or Administrative Credentials in any other inappropriate or unauthorized manner. These suspensions will be for such periods of time as CKU may determine is necessary to permit the thorough investigation of such suspended activity. CKU may terminate the Services immediately without notice it if is determined that you, or any other party(ies), have undertaken such unauthorized activity or if such unauthorized activity cannot be reasonably explained.
  • You will not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the Services to send, submit, post, receive or otherwise facilitate the transmission of any materials that are unlawful, offensive, libelous, defamatory, abusive, obscene, profane, sexually explicit, threatening, materials containing blatant expressions of bigotry, racism or hate, or otherwise objectionable or violate any party's intellectual property or this Authorized User Agreement. You must comply with all state, provincial, federal and local laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although CKU is not responsible for any such communications, we may delete any such communications of which we become aware, at any time without notice to you or any other party. You also acknowledge and affirm that CKU may provide any such information, in our sole and absolute discretion, to local, state, or federal law enforcement or other party for any reason, without your permission.
  • You will not modify any other user's information or use another user's login information to view any non-public data.
  • This list contains examples of unauthorized activities/uses and is not exhaustive or complete. If you are concerned that a proposed activity is not an authorized use, please contact CKU for further guidance prior to taking any action. If you are an Authorized User, you also will need to contact your Account Owner to discuss your proposed activity (see Account Owner section).

Content and Information on Site

  • You must not store sensitive personally identifiable information on CKU's servers. Please review our privacy policy regarding what information is and is not stored on CKU's servers. "Sensitive personally identifiable information" includes any information which if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. This includes, but is not limited to, Social Security number, Social Insurance Number, driver's license number, passport number, national identification number, national identity number, or national insurance number.
  • You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks through a third party vendor.
  • You acknowledge that most information shared or communicated during the use of the Services occurs in an unsecured environment, is not treated as confidential, and may be intercepted and read by others. You agree with respect to any information provided by you to us that: (i) CKU has no obligation concerning such information; (ii) the information is non-confidential; (iii) CKU may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and (iv) the information is truthful and disclosure of the information does not violate the legal rights of others. You acknowledge that by making your content public and using the Service, you agree to allow others to view your content.
  • Unless required otherwise by law, all information (except for password and Administrative Credentials exchanged between you and CKU will be considered non-confidential. If you wish to exchange confidential information, such exchange will be made under a separate confidentiality agreement.

Indemnification, Disclaimer of Warranties, and Limitation on Damages

  • You agree to indemnify and hold harmless CKU from and against any claims, demands or causes of action whatsoever, and shall defend or settle all claims and actions brought against CKU by third parties arising out of or related to your use of the Services and any third party access or use of same using your login or Administrative Credentials (see Account Owner section), howsoever such claim or action shall have occurred or arose. In addition to the above, you are also liable for CKU's attorney’s fees and court costs in connection with such claim or action.
  • CKU does not warrant in any manner, either express or implied, that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) and (iv) any errors in the Service will be corrected.
  • Except as otherwise explicitly set out herein, CKU expressly disclaims any and all representations, warranties, and conditions concerning the Services, including any and all representations, warranties or conditions of design, merchantability or fitness for any particular purpose, non-infringement, or performance and any and all representations, warranties, or conditions that might otherwise arise during the course of dealing, usage or trade and those which may and those which may be implied by law. This Authorized User Agreement sets out the entire extent of all representations, warranties, and/or conditions in respect of the Services and no agent of CKU is authorized to alter the same. All alternations shall be in writing and signed by the expressly and specifically authorized officer of CKU. You assume all responsibility and risk for use of the Services.
  • In no event shall CKU or any of its managers, members, employees, contractors or agents be liable for any general, incidental, direct, indirect, punitive, exemplary, consequential, special, or other damages whatsoever (including damages for loss of profits, interruption, loss of business information or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of any use of the Services including, without limitation, use of, reliance upon, access to, or exploitation of the Services, or any part hereof, and/or resulting from: (i) the use or the inability to use the Service; (ii) any claim by a minor impacted or allegedly injured by the use or application of the Services, (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) or any other matter relating to the Service or any rights granted to you hereunder, even if CKU has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights, or otherwise. The consideration being paid for the Services hereunder does not include any consideration for CKU to assume any risks beyond those expressly assumed herein and, if any such risks were to be assumed by CKU, CKU would not have provided the Services to you without charging substantially higher fees.
  • Notwithstanding any other provision contained herein, CKU's and any of its managers', members', employees', contractors' or agents' total maximum aggregate collective liability under this Agreement and the license and use of the Services under any and all circumstances, arising in any manner whatsoever, shall be limited to the greater of: (1) five dollars ($5.00), or (2) the Service fees actually paid by you to CKU for Services in the one (1) year period immediately preceding the final act or event which gave rise to such liability.

Waiver and Legal Provisions

  • The failure of CKU to exercise or enforce any right or provision of the Authorized User Agreement shall not constitute a waiver of such right or provision.
  • This Authorized User Agreement constitutes the entire agreement between you and CKU and govern your use of the Service, superseding any prior agreements between you and CKU (including, but not limited to, any prior versions of the Authorized User Agreement) and shall be read in conjunction with any other written agreement between the parties; however, the Authorized User Agreement shall control if there is any discrepancy, even if said agreement is executed later than the effective date of the Authorized User Agreement.
  • This Authorized User Agreement shall be construed in accordance with and governed by the laws, other than choice of laws, of the State of Texas. You agree to, short of a settlement, file suit in the courts of Travis County, Texas, or the United States District Court for the Western District of Texas in Austin, Tennessee.
  • If any provision of this Authorized User Agreement shall be determined to be invalid, void, or illegal, such provision shall be construed and amended in a manner that would permit its enforcement, but in no event shall such provision affect, impair, or invalidate any other provision hereof. For any provision severed there will be deemed substituted a like provision to accomplish the intent of the parties as closely as possible to the provision as drafted, as determined by any court or arbitrator having jurisdiction over any relevant proceeding, to the extent permitted by the applicable law.
  • If CKU has to enforce any of the provisions of these Terms and Conditions against you or suffers any damage (whether general, incidental, direct, indirect, punitive, exemplary, consequential, special, or other damages whatsoever (including damages for loss of profits, interruption, loss of business information or any other pecuniary loss)) as a result of your violation of any provision in said Terms and Conditions, then you are responsible for all costs of enforcement and/or any damages, including, but not limited to, attorneys fees and court costs.
  • You acknowledge that you are not in partnership with, or an employee or agent of, CKU and all action taken by you is as an individual, independent of CKU. Neither party has the authority, actual, apparent or inferred, to bind the other.

Assignment and Accounting Information

  • CKU reserves the right to assign this Authorized User Agreement or any part thereof without restrictions.
  • CKU has no obligation to retain account information upon termination/cancelation of an account.
  • Your obligations under the Authorized User Agreement will survive the termination or cancellation of the use of Services, regardless of the cause or who terminates or cancels the Service.
  • You will not permit the Services to be subject to any timesharing, services bureau, subscription services, or rental activities.

Support

  • All accounts include access to Email support. "Email support" means the ability to make requests for technical support assistance by email or web-based help desk at any time (with reasonable efforts by CKU to respond within one business day) concerning the use of Service.
  • You acknowledge that Email support is all that is provided and that direct telephone support is not provided as part of the Service.
  • All support will be provided in accordance with CKU standard practices, procedures and policies.

Modifications to the Service and Prices

  • CKU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including, but not limited to, monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from CKU. Such notice may be provided at any time by posting the changes to the Service site or the Service itself.
  • CKU shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service or for change, addition, or deletion of any third party vendor or their service from the www.coachkidsup.com website.

Changes to the Authorized User Agreement

  • CKU reserves the right to update, amend, add to, delete, and otherwise modify the Authorized User Agreement from time to time without notice and at its sole discretion. Use of the Service at any time after such modification to said Authorized User Agreement shall constitute your consent to such changes.
  • Any new features or tools which are added to or old features or tools which are modified or deleted from the current Service shall be also subject to the Authorized User Agreement. Continued use of the Service after any such additions, deletions, or modifications shall constitute your consent to such changes.
  • You can review the most current version of the Authorized User Agreement and Terms of Service at any time or use the Terms of Service link provided on the bottom of every screen. CKU reserves the right to update and change the Authorized User Agreement by posting updates and changes to the www.coachkidsup.com website.
  • You agree to be bound to any changes to this Authorized User Agreement when you use the Services after any such modification is posted. You are advised to check the Authorized User Agreement from time to time for any updates or changes that may impact you.

Copyrights and Intellectual Property

  • This Agreement does not transfer from CKU to you any CKU or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CKU. CKU, Coachkidsup.com, the CKU logo, design, and/or mark, and all other trademarks, service marks, graphics and logos used in connection with CKU or Coachkidsup.com, or any other the websites are intellectual property of CKU or CKU's licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the intellectual property of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any CKU or third-party intellectual property. Your misuse of the intellectual property displayed on any CKU associated website, or any other content on said website is strictly prohibited. You are also advised that CKU will aggressively enforce its intellectual property rights to the fullest extent of the law.
  • You will not create derivatives from or modify, decompile or reverse engineer the software that is used to provide the Services or do anything that will reveal or generate the source code of said software. Any such act will be deemed to constitute a trespass on the rights, titles and interests of CKU and its vendors and/or suppliers.
  • You do not have any right, title or ownership interest in the Services, any software, or documentation or information on the www.coachkidsup.com website, except for the limited right to use the Services subject to the Authorized User Agreement.
  • The look and feel of the Service is copyright CKU. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CKU.

Privacy Policy

  • We do not sell or share our subscriber lists. Except as authorized by the subscriber in writing or as required by law or in compliance with reasonable requests from law enforcement, we will not reveal the name or company of any subscriber to third parties. Our full privacy policy can be found on our website.

Third Party Vendors

  • CKU may have additional services provided through third party vendors on www.coachkidsup.com or which will interact with such system. While providing access to such third party vendor software or services, CKU does not assume any liability for such third party vendors and you hereby hold CKU harmless for any and all action or inaction of such third party vendor You will be directly responsible to any such third party vendor for payment of any fees.

Notices

  • If you need to provide notice to CKU, then such notice shall be sent to the address listed on the coachkidsup.com website.
  • If CKU is to provide you notice, it will provide said notice to the email and/or mailing address you provided to CKU in your user profile. It is your responsibility to keep such information current to insure the proper delivery of such notices.
  • Any notice by one party shall be valid and shall be deemed given, if delivered personally, upon delivery thereof, or if mailed by certified mail, return receipt requested, three (3) days after depositing with the United States Postal Service, or if by nationally recognized overnight courier, one (1) day after depositing with nationally recognized overnight courier when addressed in compliance with this section.
  • If you have chosen to receive email notices, then such notice shall be deemed given when sent to the email address provided to CKU.

Account Owner

  • The following terms and conditions apply to the Account Owner (and its Authorized Users).
  • User Agreement Applicable
  • All Terms and Conditions set forth in the User Agreement are applicable to account owners and their Authorized Users and supplement the Term and Conditions of Service applicable to the Account Owner. The User Agreement can be found on our website.
  • The Account Owner shall be responsible for all actions of any Authorized User.
  • Definitions
  • "Account Owner" shall mean the person or entity responsible for the payment of fees and for determining all matters related to an account.
  • "Administrative Credentials" means the user identification and password(s) provided or generated by the Account Owner for its use or for the use by its Authorized Users. The Administrative Credentials are used to access certain Services that may not be available to users of the Services.
  • "Authorized Users" means those individuals who are authorized by the Account Owner to use Services, from time to time.
  • Account and Fees for Service
  • Each coachkidsup.com account must have an Account Owner. The Account Owner is solely responsible for all charges on the account, and must keep their contact and billing information current on the coachkidsup.com website.
  • Service fees are charged pursuant to the CKU Online Services Agreement signed by Account Owner. Service fees are not refundable.
  • The Account Owner acknowledges that it has or will have independently determined that the Service meets its requirements and that it shall not rely on any representation made, or information provided, by CKU as to the suitability of the Services offered by CKU for any particular purpose.
  • The Services may be amended, revised, replaced or terminated, in whole or in part, by CKU, at its sole discretion, at any time and from time to time, without notice. However, any advance payment of Services fees for Services that are completely terminated will be refunded prorata. There is no refund for amended, revised, replaced or partially terminated Services.
  • Fees do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same.
  • Account Owner agrees that CKU may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due and all reasonable costs of collection, including, but not limited to, court costs and attorneys' fees.
  • The Account Owner shall only use the Services in support of their own business and shall not license, sublease or otherwise make the Services available to any third party. Notwithstanding the above, the Account Owner may provide access to and permit Authorized Users to use the Services for such permitted purposes. The Account Owner is required to supervise any use by Authorized Users and is fully responsible for the same, regardless of their age, in such use.
  • The Account Owner's responsibility for the Authorized User does not relieve said Authorized User from liability to CKU and/or the Account Owner under the Authorized User Agreement.
  • The Account Owner is independent from CKU in all manners and is not in partnership with, an employee or agent of, or operating in a joint venture with CKU. All action taken by the Account Owner, or its Authorized Users, is solely on the Account Owner's behalf, separate from CKU. Neither party has the authority, actual, apparent or inferred, to bind the other.
  • Authorized Users and Administrative Credentials
  • The Account Owner shall be responsible for ensuring that all Authorized Users who are provided access to the Services comply with all duties, obligations and restrictions imposed any agreement with CKU and the Authorized User Agreement. The Account Owner shall be responsible for and enforce each Authorized User's compliance therewith. If the Account Owner becomes aware of any unauthorized activity by its Authorized User, then the Account Owner is responsible for notifying CKU within ten (10) days that might have been impacted by such unauthorized activity. The Account Owner is responsible for all costs associated with such unauthorized activity, including, but not limited to, the cost of auditing the system and website, the cost of notifying all potentially affected users, the cost of CKU's attorneys fees, the cost of responding to requests for information by law enforcement, damage to CKU's reputation and loss of business.
  • Administrative Credentials are assigned when the account is setup by Account Owner. Where CKU offers the Account Owner the ability to choose its own username(s) and password(s) in connection with the Services, CKU will use reasonable efforts to assign such name(s) to the Account Owner upon its request, provided however that the Account Owner may not select, and CKU reserves the right to reject, any name that (i) has already been assigned, (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve name(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where CKU rejects a requested name, we may, in our sole discretion, assign an alternate name or ask the Account Owner to select another name. Administrative Credentials are not the intellectual property of the Account Owner and the Account Owner has no intellectual property or other rights to such names as a result of their use as part of the Administrative Credentials. The Account Owner is responsible for any and all use of the Administrative Credentials and shall comply with all applicable intellectual property rights concerning the same.
  • The Account Owner is specifically permitted to provide Administrative Credentials to Authorized Users. The Account Owner is responsible for the use of the Administrative Credentials issued on its behalf.
  • The Account Owner acknowledges and agrees that the Account Owner is solely responsible for the issuance of such Administrative Credentials and that CKU will only issue Administrative Credentials to Authorized Users on the Account Owner's instruction and as the Account Owner's limited agent for such purpose.
  • The Administrative Credentials provided by CKU to Account Owner and each Authorized User, so that they may access, utilize or otherwise employ the Services, are to be kept secret and confidential. The Account Owner is responsible for keeping such Administrative Credentials confidential.
  • The Account Owner is responsible for each and every access, use or employment of the Services that occurs in conjunction with such Administrative Credentials, or portion thereof, and that CKU is authorized to accept the Administrative Credentials as conclusive evidence that the Account Owner, or its Authorized User(s), as the case may be, have accessed, utilized, or otherwise employed the Services, and not an unauthorized third party.
  • The Account Owner is solely responsible for the content of any communications by it with third parties (including, Authorized Users), including any communications about, concerning or through the Services.
  • The Account Owner is responsible and liable for all uses made by itself or its Authorized Users of the Services or for failure to properly secure, and keep secure, its Administrative Credentials.
  • Termination and Suspension of Services
  • CKU may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use any of the Services. Without limiting the foregoing, your use of the Services may be terminated by CKU immediately, without notice, if any of the following events of default occur: (1) if you materially fails to perform or comply with any provision of the Authorized User Agreement; (2) if Account Owner fails to strictly comply with the provisions of any agreement with CKU; (3) if Account Owner becomes insolvent or admits in writing its inability to pay its debts as they mature or make an assignment for the benefit of creditors; (4) if a petition under any foreign or U. S. bankruptcy act, receivership statute or the like, as they now exist or as they may be amended, is filed by Account Owner; or (5) if such a petition is filed by any third party or an application for a receiver is made by anyone and such petition or application is not resolved in favor of Account Owner within ninety (90) days.
  • Upon termination of the Service, whether by Account Owner or CKU, Account Owner and all of its Authorized Users shall immediately cease and desist all use of the Services for such account and quit using any and all Administrative Credentials listed under such account.
  • Account Owner's obligations under the Authorized User Agreement will survive the termination or cancellation of the use of Services, regardless of the cause or who terminates or cancels the Service.
  • Changes to the Account Owner Agreement
  • CKU reserves the right to update, amend, add to, delete, and otherwise modify the User Agreement or the Master Subscription Agreement from time to time without notice and at its sole discretion. Use of the Service at any time after such modification to said User Agreement or Master Subscription Agreement shall constitute your consent to such changes.
  • See "Changes to the User Agreement" regarding other terms and conditions which are incorporated herein by reference.
  • You agree to be bound to any changes to this Authorized User Agreement when you use the Services after any such modification is posted. You are advised to check the Authorized User Agreement from time to time for any updates or changes that may impact you.
  • Privacy Policy
  • We do not sell or share our subscriber lists. Except as authorized by the subscriber in writing or as required by law or in compliance with reasonable requests from law enforcement, we will not reveal the name or company of any subscriber to third parties.
  • Contact Information
  • The Account Owner must maintain a current email address on the coachkidsup.com website.
  • The Account Owner is solely responsible for properly terminating the Service pursuant to the CKU Online Services Agreement between Account Owner and CKU. An email or phone request to terminate the Service, or any other method that is not prescribed in the CKU Online Services Agreement, is not considered termination. Use of Services after written notice of termination by Account Owner shall be considered a revocation of the termination notice and the CKU Online Services Agreement shall remain in effect as if the termination notice was never received.
  • All account content may be immediately deleted from the Service upon termination. This information cannot be recovered once the Account is closed.

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