PLEASE COMPLETE YOUR ACCOUNT CREATION
Welcome to the Serve Tennis Tool located at usta.com/servetennis. This site is owned by United States Tennis Association Incorporated (the "USTA") and is operated by ClubSpark Incorporated by and on behalf of the USTA (collectively, “USTA,” “we”, “us” or “our”).
These terms apply to the services provided by USTA (the “Services”) to you as a provider, club or venue (“you”) offered through the USTA’s servetennis digital platforms, including this and related websites, mobile apps, tablet apps and other online content offerings (collectively the “Site”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, WHICH CONSTITUTE AN AGREEMENT BETWEEN YOU AND US (THIS “AGREEMENT”) FULLY. BY USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.
1. License Grant. This Agreement is between You, as either an individual or a business entity, and USTA. USTA grants to You, or anyone authorized by You or acting on Your behalf (collectively, “Provider,” "You,” or “Your"), a personal, non-transferable, nonexclusive license to use the Services. By registering for the Services, you warrant that: (1) you are at least 18 years of age or the age of majority, where older under local law; (2) all information you provide during the registration process is true and accurate; and (3) you are duly authorized on behalf of your organization to agree to these Terms.
2. Fees/Payments through the Services. In order to collect funds through the Services, you will be required to register for an account through Stripe. Payment processing services for the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms, you agree to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of USTA enabling payment processing services through Stripe, you agree to provide USTA accurate and complete information, and authorize USTA to share it and transaction information related to your use of the payment processing services provided by Stripe.
In addition to any fees that are deducted by Stripe, USTA charges/fees as described here that are added as transaction charges to the fees paid by your Users. Transactions with no fees assessed by you will be free to your Users. Violations of the foregoing are grounds to deny you access to the services. USTA reserves the right to adjust fees charged to Users or to you at any time by providing you with email notice. You are solely responsible for the collection of any sales or use taxes in connection with any User transactions processed through the Services.
4. Use of the Services. You agree to use the Services in accordance with all federal, state and local laws and regulations. You also agree to only use the Services in accordance with USTA’s then-current guidance for the Services, including use of the Services only on devices and browsers that conform to USTA’s electronic operating environment specifications. All of Your administrators, coaches and staff with accounts connected to youth programs using the Services must be in good standing with the USTA’s Safe Play program at all times. You acknowledge and agree that USTA does not have any obligation to screen or evaluate any User and assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, and reliability of information provided by any User. You further agree to carry general liability and other appropriate insurance policies in adequate amounts.
5. USTA Intellectual Property. USTA alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and Site and their contents and functionality. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or the intellectual property owned by USTA. The USTA name, the USTA logo, and any product names associated with the Services are trademarks of USTA or third parties, and no right or license is granted to use them. You grant USTA an irrevocable, perpetual, non-exclusive, worldwide, fully-paid, royalty-free license to use, access, reproduce, store, transmit, distribute, modify and create derivative works of your and your Users’ information and usage data, in any form, format, or medium, of any kind now known or later developed, in any manner, and to license or permit others to do so. “Feedback” includes any suggestions, comments and feedback regarding your use of the Services, including, but not limited to, feature requests, bug findings, and any additional insights with respect to your use of the Services (collectively, "Feedback"). When you provide such Feedback to USTA, you grant USTA a worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid-up right to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any USTA product, technology, service, specification or other documentation (individually and collectively, "USTA Products"). Further, you warrant that your Feedback is not subject to any license terms that would purport to require USTA to comply with any additional obligations with respect to any USTA Products that incorporate any Feedback.
6. License to Your Content. During the Term, you grant USTA a royalty-free, non-exclusive, limited, revocable, non-transferable, non-sublicensable right and license to use and display your Content (as defined below) in the provision of providing the Services. As used herein, “Content” includes, without limitation, trademarks, logos, photographs, written descriptions, and other materials provided by you to USTA. Except as provided above, we do not claim any intellectual property rights over the Content that you provide through the Services. You can remove your Content at any time by terminating your account.
7. Anonymous Data. You acknowledge and agree that USTA may obtain and aggregate technical and other data about Your use of the Services and that such information may be shared or published, excluding any personally identifiable with respect to your customer or Users (“Aggregated Anonymous Data”), and USTA may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose, during and after the term of this Agreement, including without limitation to generate industry benchmarks or best practices guidance, recommendations or similar reports for distribution to and consumption by Providers and other USTA affiliates. For clarity, this Section does not give USTA the right to identify You as the source of any Aggregated Anonymous Data.
8. Restrictions on Use. You agree to use the Services and provide access to your Users to the Services solely for your internal business purposes. You shall not (i) modify or make derivative works based upon the Services; (ii) hide or attempt to hide copyright information or identification of USTA’s ownership of the Services; or (iii) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. You agree that if you send emails through the Services (the “Email Services”), your use of such services must comply with all applicable laws relating to spam or unsolicited commercial email. Your use of the Email Services must follow all applicable guidelines established by USTA.
9. Disclaimer of Warranties. THE SITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USTA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Termination. You may request the termination of your use of the Services by sending an email to feedback @usta.com providing clear written notice of such request. When USTA receives your termination request, USTA will deactivate your account and notify you of such deactivation via email. Your account is not terminated until you receive confirmation of such termination from USTA. Your account can be re-activated at any time. USTA may terminate your license to use the Services, at any time upon ten (10) days’ notice for any reason at its sole discretion. All of your User data should be exported before you request account termination. Termination, expiration or cancellation of this Agreement for any reason shall not release either party from any obligation or terminate any right under this Agreement which, by its nature, is intended to survive, including Your indemnification obligations under Section 10 or USTA’s limitation of liability stated in Section 11.
11. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD USTA HARMLESS AGAINST ALL CLAIMS, LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING OUT OF OR RELATING TO THE SALE OF YOUR PRODUCTS AND SERVICES TO USERS THROUGH THE SERVICES), EXCEPT TO THE EXTENT OF USTA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
12. Liability. USTA’S LIABILITY FOR LOSS OR DAMAGE RELATING TO THIS AGREEMENT AND/OR THE SERVICES OR YOUR USE OR INABILITY TO USE THE SITE/SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE CHARGES PAID BY YOU FOR THE SERVICES DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM(S) OR ACTION(S). THIS IS YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL USTA BE LIABLE TO YOU FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY OR FOR ANY CLAIM MADE BY YOU FOR LOST BUSINESS OR PROFITS, OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF USTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES.
13. U.S. Government Restricted Rights. If the Services are licensed to or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), it is provided with RESTRICTED RIGHTS. To the extent that a license of the Services is considered a license of software, the Services and accompanying documentation are “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to 48 C.F.R. 12.212 and 227.7202, and “restricted computer software” pursuant to 48 C.F.R. 52.227-19(a), as applicable. Use, modification, reproduction, release, performance, display or disclosure of the Services and accompanying documentation by the U.S. Government are subject to restrictions as set forth in this Agreement and pursuant to 48 C.F.R. 12.212, 52.227-14 (Alternate III), 52.227-19, 227.7202, and 1852.227-86, as applicable.
14. Miscellaneous. This Agreement shall be governed by New York law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Westchester County, New York. You acknowledge that USTA has entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential part of the bargain between the parties. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between You and USTA as a result of this Agreement or use of the Services. The failure of USTA to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by USTA in writing. This Agreement comprises the entire agreement between You and USTA and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein
15. Assent to Be Bound. By using the Services, You agree to be bound by the terms of this Agreement. If You do not agree with any term or condition, do not use the Services.
Updated June 26, 2020. USTA.
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