Terms of service

Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

GENERAL TERMS

Last Modified: June 16, 2026 

Welcome to UTR Sports. Please read on to learn the rules and restrictions that govern your use of our websites, www.utrsports.net and utrprotennis.tv (collectively, the “Sites”), and all products, services, and applications made available through the Sites (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Universal Tennis, LLC dba UTR Sports

Legal Department

7988 Biscayne Point Circle
Miami Beach, FL 33141

success@utrsports.com

These Terms of Service, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms”) set forth a legally binding agreement between you (“you” or “your”) and Universal Tennis, LLC, a/k/a UTR Sports. (“UT,” “Company,” “we” and “us”). These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES OR ANY SERVICES.  BY USING THE SITES OR ANY SERVICES, YOU AGREE TO BE BOUND BY THE TERMS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES.

ARBITRATION NOTICE: THESE TERMS INCLUDE A DISPUTE RESOLUTION PROVISION (INCLUDING A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER) THAT AFFECT YOUR RIGHTS.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.  PLEASE REVIEW CAREFULLY THE DISPUTE RESOLUTION SECTION BELOW.

In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain Services, may require you to accept additional terms and conditions, including, without limitation, our Privacy Policy, available at https://www.utrsports.net/policies/privacy-policy.

By using any of our Services, I understand and agree that UTR Sports will process my personal data outside of my country of residence, including in the United States, taking into account the possible risks of such transfer.

UTR Sports' services are hosted in the United States.

If you are resident of the European Economic Area or the United Kingdom, we need to ask for your consent to transfer your personal data outside of Europe in order to comply with our obligations under the General Data Protection Regulation (GDPR). We are also required to inform you that the laws of these countries may not protect personal data to the same standard as the GDPR. However, we take the privacy and security of your personal data seriously and will ensure it is processed in compliance with our Privacy Policy and applicable laws (including the GDPR).

MODIFICATIONS TO TERMS

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Sites, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

PRIVACY

UT takes the privacy of its users very seriously. For the current UT Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at success@utrsports.com.

ACCOUNT REGISTRATION AND USE

You may be required to sign up for an account and select a password and username (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

When you sign up for an account in connection with the Services, you will be required to provide the following information, and you agree to provide us with the following accurate and complete information about yourself:

(a) First Name/Last Name: You may already have results within our system. Knowing your name allows us to pull in all your previous matches and get you an accurate profile faster.

(b) Date of Birth: Safety is a priority for UTR Sports, and creating a safer, more secure experience for users on our platform is critical, such as requiring a parent to be present (if applicable), limiting visibility of profile information, etc. Additionally, some events have age restrictions. Knowing your date of birth up-front allows you to have a faster and simpler event registration experience.

(c) Gender: Many events and teams are gender specific. Knowing your gender up-front allows you to have a faster and simpler event registration experience.

(d) Location: Many tournaments are restricted by geographical region, and sharing your location with us ensures you’re able to register for the correct events near you.

(e) Phone Number: This information is visible to organizers so they can get in touch with you, for example, if the event location changes, a spot on the waitlist becomes available, or your potential flex league partner needs to communicate with you. In addition, when you provide your phone number, UTR' Sports’s messaging terms apply as follows: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from UTR Sports Marketing, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency may vary.

In addition, when you provide your phone number, UTR Sports's messaging terms apply as follows: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from UTR Sports Marketing, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency may vary.

Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to cancel. After texting STOP, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include these keyword commands. If you unsubscribe from one of our text message programs, you may continue to receive text messages from UTR Sports through any other programs you have joined until you separately unsubscribe from those programs.

Text HELP for customer care contact information. If you are experiencing any problems, please visit https://support.universaltennis.com/support/home or email support@utrsports.com. Carriers are not liable for delayed or undelivered messages. For our Privacy Policy, visit: https://www.utrsports.net/policies/privacy-policy. You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and got your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

ACCEPTABLE USE RESTRICTIONS

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including UT). For clarity, and without limiting the foregoing, you may not use UT’s name, trademark, or logo without prior written consent from UT, including, for example, to refer to or identify your club as a UTR Sports, UTR Rating, UTR or Universal Tennis Rating official club or territory;

(b) Violates any law or regulation, including, without limitation, any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your UT account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

INTELLECTUAL PROPERTY RIGHTS

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including UT’s) rights.

You understand that UT owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. For the avoidance of doubt, individuals and/or entities who use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit multi-decimal point UTR ratings without the express written consent of UTR Sports will be in violation of these Terms.

The Services may allow you to copy or download certain Content and this functionality doesn’t void the restrictions above. 

USER SUBMISSIONS AND LICENSES

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. To display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant UT a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal UT account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant UT the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant UT the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant UT the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all UT users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with UT’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Company account (by emailing us at success@utrsports.com), we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Company’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that UT, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

COPYRIGHT POLICY

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like UT, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to receive a complete Copyright Dispute Policy and learn how to report potentially infringing content, reach out to legal@utrsports.com. To learn more about the DMCA, click here.

RESPONSIBILITY FOR CONTENT DISPLAYED

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by UT. When you access third party websites or use third party services, you accept that there are risks in doing so, and that UT is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

UT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, UT will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that UT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that UT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release UT and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, the "Releasees") from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

SERVICE CHANGES

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

SERVICES COSTS

The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

(a) Paid Services. Certain of our Services may be subject to payments now or in the future, including access to premium content and services to paid users (collectively, the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the App Store (as defined below) linked to your specific device. You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with, such App Store terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with such App Store’s terms and conditions.

(b) UT may make Paid Services available to paid users on either a monthly or annual subscription basis and/or a per transaction basis (for instance, the cost of administering a tennis-specific league). When purchasing UT products and/or services on either a monthly subscription or a per transaction basis, you:

(1) Allow UT to automatically charge your account an amount agreed to at the time of purchase, either as a one-time fee and/or every month, in advance, until the expiration of your subscription. Please see parts (f) and (i) below for further information on “Recurring Billing” and “Auto-Renewal for Paid Services.”

(2) Agree that all (one-time and/or subscription) payments are non-refundable, non-transferable, and non- assignable.

(3) Acknowledge that the origination of these charges to your account must comply with U.S. law.

(4) Agree that UT or your financial institution can cancel automatic payment of your subscription account at any time, with or without prior notice to you.

(5) Agree that this agreement remains in effect until canceled by you, UT, or your financial institution.

UT does not handle or store your credit card number or billing and shipping information as this is managed by third-party payment processing services or merchants.  The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. UT does not share your credit card information with anyone. For more information, please read our Privacy Policy. UT may change the applicable transaction, administrative and/or service fees for access to premium content and services (or otherwise). UT shall notify you via email at least 14 days prior to the change of applicable fees. If you do not agree to the change, you may cancel your access to premium content and services, and if available, use UT’s free Services.

(c) Billing. UT uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe. (“Stripe”) as our Payment Processor. In order for you to use Stripe's payment processing services, you must register with Stripe as a merchant. The Stripe Terms of Service explain that process and are available here: https://stripe.com/legal/ssa. The Stripe Privacy Policy is available here: https://stripe.com/privacy. By accepting this agreement with UTR, you agree that you have reviewed the Stripe Terms of Service and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website at www.stripe.com or contact Stripe at https://support.stripe.com/. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use a Paid Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Service in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

(d) Payment Processing Disclaimer. UTR Sports is a technology platform and not a payment processor, money transmitter, financial institution, or marketplace. UTR Sports does not at any time hold, possess, or have custody of user funds. All payment processing, transmission, and settlement of funds are performed exclusively by the Payment Processor. To the extent UTR Sports facilitates the initiation or routing of payments through the Sites or Services, it acts solely as a disclosed agent of the Payment Processor and not as a principal. UTR Sports shall have no liability for payment processing errors, delays, chargebacks, holds, or any other acts or omissions of the Payment Processor, and any payment-related disputes must be directed to the Payment Processor.

(e) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. 

(f) Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G. MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE ACCOUNT MAINTENANCE AREA OF YOUR ACCOUNT, OR CONTACT US AT success@utrsports.com.

(g) Current Information Required.  YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT MAINTENANCE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

(h) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(i) Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through the Account Maintenance section of your account, any subscription-based Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to the Account Maintenance section of your account settings (or contact us at success@utrsports.com) or, for mobile applications, cancel your subscription in the subscription management section of the applicable App Store. If you terminate a subscription-based Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY OR ANNUAL BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICES THROUGH THE ACCOUNT MAINTENANCE SECTION OF YOUR ACCOUNT SETTINGS (OR CONTACT US AT success@utrsports.com) OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. UT WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

(j) Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

TERMINATION OR SUSPENSION OF SERVICES

You’re free to terminate the Services at any time by contacting us at success@utrsports.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

UT is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. UT has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of UT.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

MOBILE APPLICATIONS AND IN-APP PURCHASES

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. UT is not a party to any In-App Purchase.

COMPANY APP USAGE VIA THE APPLE APP STORE 

(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

(c) You will only use the Application in connection with an Apple device that you own or control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

DISCLAIMER OF WARRANTIES

Neither UT nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY UT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.  COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY CAUSED BY ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold UT, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

ASSIGNMENT

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without UT’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

GOVERNING LAW AND VENUE: The arbitration agreement contained in these Terms is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including the class action waiver. State arbitration laws do not govern or apply in any respect. Further, you and we each agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. UNLESS YOU AND UT AGREE OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STATE AND FEDERAL COURTS THAT ENCOMPASS NEW YORK COUNTY,  NEW YORK SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES (EXCEPT FOR CLAIMS BROUGHT IN SMALL CLAIMS COURT) THAT ARE NOT SUBJECT TO ARBITRATION, THAT ARE OPTED OUT OF ARBITRATION PURSUANT TO THESE TERMS, OR OVER ANY ACTION THAT SEEKS TO ENFORCE OR CHALLENGE THE ENFORCEABILITY OF THE ARBITRATION AGREEMENT OR ANY PROVISION OF THE ARBITRATION AGREEMENT OR THESE TERMS.  YOU AND UT CONSENT TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND WAIVE ANY OBJECTIONS AS TO PERSONAL JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS BECAUSE OF (1) INCONVENIENT FORUM OR (2) ANY OTHER BASIS OR RIGHT TO SEEK TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION TO ANOTHER COURT.  

DISPUTE RESOLUTION (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY.  IT AFFECTS YOUR LEGAL RIGHTS.  IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES (AS SET FORTH BELOW) THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.  ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED.  ARBITRATION AWARDS ARE FINAL AND BINDING SUBJECT TO ONLY LIMITED REVIEW BY A COURT.  THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR IN LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Most concerns and complaints can be resolved by contacting us at legal@utrsports.com.

Arbitration Agreement. 

         Binding Arbitration.  “Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with UT (as defined above), these Terms, and the Services whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, but are not limited to: (1) those arising out of or related in any way to these Terms; (2) the operation and content of the Sites and Services; (3) your use of the Sites and Services; (4) communications and interactions between you and UT; (5) promotions by UT; and (6) all purchases of, requests for, and uses by you of all products and Services offered by UT. Notwithstanding the foregoing, any Dispute falling within the jurisdictional limits of small claims court may be heard in that court, so long as it isn’t removed or appealed to a court of general jurisdiction. 

Whether a Dispute falls within the jurisdictional limits of small claims court is for a small claims court to decide in the first instance. Dispute shall also include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms.  Dispute, however, does not include disputes or claims seeking to enjoin the misuse of intellectual property rights, which may be brought in a court of competent jurisdiction. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; and (2) issues that relate to the validity or enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section, including but not limited to whether conditions precedent to arbitration were satisfied. These Terms and this Arbitration Agreement do not prevent you from bringing a Dispute to the attention of any government agency. 

Mandatory Informal Dispute Resolution Process. If a dispute arises, UT is committed to working with you to reach a reasonable resolution. For any issue or Dispute that arises between you and UT, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written notice of dispute (“Mandatory Dispute Notice”). A Mandatory Dispute Notice from you to UT must (1) be sent by certified mail, with a copy to legal@utrsports.com with the subject line “User Dispute”; (2) be addressed to: 

Legal Department
7988 Biscayne Point Circle
Miami Beach, FL 33141

(“Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your claim; (5) include any relevant facts regarding your use of the Sites, and/or Services (as may be applicable), including without limitation the specific conduct to which your Dispute pertains, the date(s) of any disputed charges, the date(s) of your interaction under which the Dispute arose; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Mandatory Dispute Notice. The Mandatory Dispute Notice must be individualized, meaning it can concern only your Dispute and no other person’s Dispute. If applicable, UT agrees to send a Mandatory Dispute Notice to you, containing a similar level of detail as described above, by email to an email address you have previously provided to UT or by certified mail, return receipt requested to an address you have previously provided to UT.

You and UT will then, upon receipt of any Mandatory Dispute Notice, attempt in good faith to resolve each Dispute described in the Mandatory Dispute Notice on an individual basis. You and UT agree that, after receipt of the completed Mandatory Dispute Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and UT agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Mandatory Dispute Notice within 60 days after the completed Mandatory Dispute Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines (other than the filing fees due by a claimant to commence an arbitration matter) shall be tolled while the parties engage in Mandatory Informal Dispute Resolution Process set forth herein. All of the requirements of the Mandatory Informal Dispute Resolution Process are essential so that you and UT have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Informal Dispute Resolution Process, provided that this shall not excuse a claimant from timely paying filing fees necessary to commence arbitration. If the arbitration is already pending prior to the completion of the Mandatory Informal Dispute Resolution Process, the arbitration shall be administratively closed. A party may seek in arbitration, and an arbitrator or process arbitrator may award damages for non-compliance with the Mandatory Informal Dispute Resolution Process.  You or UT may commence arbitration if the Dispute is not resolved through this process. 

           Arbitration Procedures.  The arbitration of any Dispute shall be administered by and conducted in accordance with JAMS applicable rules, including the Streamlined Arbitration Rules & Procedures, Comprehensive Arbitration Rules & Procedures, and/or JAMS Mass Arbitration Procedures and Guidelines, as applicable (the “JAMS Rules”), as modified by this Arbitration Agreement.  The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/.  If JAMS is unable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall arbitrate before the American Arbitration Association (“AAA”) in accordance with their Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration (as applicable) (“AAA Rules”).  If the AAA is unable or unwilling to administer the arbitration consistent with this arbitration agreement and the parties cannot agree on an alternative provider that will do so, the parties shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.  

An arbitration demand must be accompanied by a certification of compliance with the Mandatory Informal Dispute Resolution Process and be personally signed by the party initiating the arbitration (and counsel, if represented).  By submitting an arbitration demand, the party (and counsel, if represented) represents that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. Any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing if the respondent requests one. You and UT reserve the right to request a hearing from the arbitrator in any matter where a hearing is not required. You and a UT representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county in which you reside or at another mutually agreed location. An arbitrator may award, on an individual basis, any relief that would be available in court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and UT agree that each may bring claims against the other only in your or UT’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. 

Further, unless you and UT agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding involving UT in which you are not the      sole-named party. 

To begin an arbitration proceeding, you must send an arbitration demand that contains the information set forth in the Mandatory Informal Dispute Resolution Process section (required for the notice) along with all information required by JAMS to JAMS with a copy to Legal Department, 7988 Biscayne Point Circle, Miami Beach, FL 33141 and legal@utrsports.com, or we must send an arbitration demand to you that contains this same information set forth above to JAMS with a copy to the most current address and/or email address we have on file for you. 

       Costs of Arbitration. Payment of all arbitration fees will be governed by the JAMS Rules (unless the AAA or another provider administers the arbitration as set forth above, in which case their respective rules shall govern). You and UT agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or UT may elect to engage with JAMS (or the applicable provider) regarding arbitration fees, and you and UT agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

The Parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

      Additional Procedures for Mass Arbitration.  You and UT agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are asserted against UT by the same or coordinated counsel (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and JAMS’ resources.

If your claim is part of a Mass Arbitration, any applicable limitations period (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision. 

            STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for UT shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and UT shall pay the mediator’s fee.

         STAGE TWO:  If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for UT shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased or decreased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and UT shall pay the mediator’s fee.

Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms.  Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.  

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.  The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this Arbitration Agreement.  If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

           Opt-out.  You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address:

UTR Sports, Legal Department
7988 Biscayne Point Circle
Miami Beach, FL 33141  

postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the Arbitration Agreement contained in these Terms.

              Severability and Survival. Except as specifically provided in the Arbitration Agreement, if any part or parts of this Arbitration Agreement is/are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth below is void or unenforceable for any reason or that an arbitration can proceed on a class basis, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with UT. 

           Future Changes to Arbitration Agreement.  If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change:

UTR Sports
Legal Department
7988 Biscayne Point Circle
Miami Beach, FL 33141

     Rejection of any future change to the arbitration agreement does not constitute an opt out of arbitration altogether.  You must have complied with the opt-out provision defined above. 

Class Action Waiver and Jury Trial Waiver

You and UT each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action.  You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law.  Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. 

To the fullest extent permitted by applicable law, you and we waive the right to a jury trial. 

INFECTIOUS DISEASES

You agree that you are aware of the highly contagious nature of bacterial and viral diseases (the "Diseases") and the risk that you may be exposed to or contract the Diseases or other infectious diseases by engaging in or using the Services. You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY USING THE SERVICES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASES, ARISING FROM YOUR USE OF THE SERVICES.

You hereby expressly waive and release any and all claims, now known or hereafter known, against the Releasees on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Services and being exposed to or contracting the Diseases. You covenant not to make or bring any such claim against UT or any other Releasee, and forever release and discharge UT and all other Releasees from liability under such claims. 

You acknowledge that you are familiar with any applicable federal, state, and local laws, orders, directives, and guidelines related to the Diseases. You will comply with all such applicable orders, directives, and guidelines in your use of the Services.

You shall defend, indemnify, and hold harmless UT and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by UT or any other Releasees, arising out or resulting from any claim of a third party related to the Disease due to your use of the Services.

SEVERABILITY

If any provision of these Terms (including, without limitation, the Dispute Resolution section, limitations of liability, indemnification obligations, and any supplemental terms) is found by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. The illegal, invalid, or unenforceable provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable while preserving the original intent of the parties to the greatest extent possible. If such modification is not possible, the offending provision shall be severed from these Terms. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction. Notwithstanding the foregoing, the severability of any provision within the Arbitration Agreement (including the class action waiver) shall be governed exclusively by the Severability and Survival provision set forth in the Dispute Resolution section, which shall control over this general severability clause to the extent of any conflict. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

MISCELLANEOUS

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and UT agree there are no third-party beneficiaries intended under these Terms.

SUPPLEMENTAL TERMS

The provisions of these Terms set forth above this Supplemental Terms section are referred to herein as the “General Terms.” The following supplemental terms apply to specific Services offered by UTR Sports. Each set of supplemental terms is incorporated into and governed by the General Terms set forth above. In the event of any conflict between a supplemental term and the General Terms, the General Terms shall control unless expressly stated otherwise. Capitalized terms used but not defined in any supplemental section shall have the meanings ascribed to them in the General Terms.

(1) UTR SPORTS EVENT SERVICES

The following additional terms govern your use of UTR Sports Event Services (the “Event Services”).

By using or accessing the Event Services, you represent and warrant that you are at least thirteen (13) years old and, if not, you have received your parent's or guardian's permission to use the Event Services and your parent or guardian has agreed to these Terms on your behalf. The account registration requirements set forth in the General Terms apply to your use of the Event Services.

You understand that through your access and use of the Event Services, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including without limitation risks which arise as a result of exercising, entering an unknown space or environment in which an event takes place, performing intense physical activity, and injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using the Event Services, or other third parties whether as a result of negligence of these individuals or because of other reasons. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISK OF LOSS, DAMAGE, INJURY TO PERSON OR PROPERTY WHICH MAY ARISE FROM OR IS RELATED TO YOUR ACCESS AND USE OF THE EVENT SERVICES, WHETHER SUCH RISK IS KNOWN OR UNKNOWN TO YOU.

In consideration for your access and use of the Event Services, you agree that:

(a) You have read any rules and conditions applicable to the Event Services made available to you, and you agree that all the Event Services are owned by UT.

(b) You understand that through your use of the Event Services you may provide or receive information which shall be subject to the General Terms. UT grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license under its rights to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from UT.

(c) Your use of the Event Services is at all times subject to the Privacy Policy available at the Sites. Because the Event Services may involve the participation of children under 13, the following additional protections apply: We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child's parent or guardian ("Parental Consent"), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent ("Required Information"). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at legal@utrsports.com. We do not condition participation in our Event Services on disclosure of more personal information from a child under 13 than is reasonably necessary for that participation, and we do not retain personal information from children under 13 longer than is reasonably necessary in order to fulfill the purpose for which it was disclosed.

If you wish to provide us with any personal information of any children under the age of 13, you (1) represent and warrant that you are the parent or legal guardian of such children, and (2) you hereby provide consent in your capacity as such to the consents and terms set forth herein.

(d) To the fullest extent allowed by applicable law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY the Releasees from any and all liability on account of, or in any way resulting from any injuries or damages, even if caused by negligence of the Releasees in any way connected with the Event Services. You understand and intend that this assumption of risk and release is binding upon your heirs, executors, administrators and assigns, and includes any minors who may have access to the Event Services. If you are a California resident, you shall and hereby do expressly waive all rights conferred by Section 1542 of the California Civil Code, or any substantially similar law which states in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor."

These supplemental terms and the General Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this section. These supplemental terms are personal to you, are non-assignable by you, and may be modified or waived only in a writing signed by both you and UT. Provisions that, by their nature, should survive termination of these supplemental terms shall survive termination, including without limitation the survival provisions set forth in the General Terms.

(2) UTR SPORTS HIGH SCHOOL SERVICES

The following additional terms govern your use of UTR Sports High School Services. 

High School Match Results: Only official high school (“HS”) events and match results from the official HS schedule during the approved HS regular season and approved state/conference match formats will count towards players’ Verified UTR

All Results: All results from an HS season must be posted. Team cannot choose to selectively post results and any intentional withholding of match results may cause a teams’ matches not to count towards players’ Verified UTR

Team Rosters: Teams must post their complete team roster (minimum of 6 players). For any exceptions, please contact support.utrsports.com.

Verified UTR Rules: Only matches which follow UTR Verified Rules will count towards players’ UTR. For clarity, challenge matches, exhibitions, JV matches and/or any other unofficial HS matches will not count towards a players’ Verified UTR. Results from such matches can be posted using the “Post a Score” feature on the HS team page and will be considered towards players’ UTR only.

HS Player Limitation: Events organized via the HS team page must feature HS players only. Any non-official HS and/or open event (or any event which includes players not in high school) must be run via an Events-Only Club on UT. For more information on the Events-Only Club on UTR and/or Premium Clubs, please contact support.utrsports.com.

Non-Compliance: Non-compliance with these terms may result in the loss of privileges, including but not limiting to termination of your use of any of the High School Services.

(3) UTR SPORTS PAID HITS 

The following additional terms (the “Paid Hits Terms”) govern your use of UTR Sports Paid Hits services. 

By accessing and using the UTR Sports Paid Hits services (“Paid Hits”), or by clicking to accept or agree to these terms when such option is made available to you, you agree to be bound by these Paid Hits supplemental terms in addition to the General Terms and Privacy Policy. Any undefined terms in these Paid Hits supplemental terms shall have the meanings set forth in the General Terms.

You will only use the Paid Hits for your own internal, personal use and not on behalf of or for the benefit of any third party, and only in a manner that complies with the Acceptable Use Restrictions set forth in the General Terms and all applicable laws. If your use of Paid Hits is prohibited by applicable laws, then you aren’t authorized to use Paid Hits. We can’t and won’t be responsible for your using Paid Hits in a way that breaks the law.

UTR Sports retains the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing or using Paid Hits in the event of a violation of these Paid Hits Terms, your act or omission that causes harm to UTR Sports or others, or for any other reason.

Connecting Hitters and Players

Through Paid Hits, UTR Sports connects those providing tennis hitting services (“Hitters”) and those looking to acquire their services (“Players”). When we use the word “you” in these Paid Hits Terms, it refers to any user, regardless of whether he or she is a Hitter or Player, while if we use one of those specific terms, it only applies to that category of user.

UTR Sports uses reasonable efforts to vet each potential Hitter, including checking each Hitter’s background, experience and relevant certification (including Safe Play certification), before recommending certain Hitter to Players. However, before receiving services from any Hitter (“Hitter Services”), Players are responsible for making their own determination that the recommended Hitter is suitable. UTR Sports is only responsible for connecting Hitters and Players and can’t and won’t be responsible for making sure that Hitter Services are actually provided or are up to a certain standard of quality. 

UTR Sports similarly can’t and won’t be responsible for ensuring that information (including credentials) a Hitter or Player provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Hitter or Player, and Hitters aren’t our employees.

Hitters are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of UTR Sports. UTR Sports does not offer Hitter Services and does not employ individuals to perform the Hitter Services. You hereby acknowledge that UTR Sports does not supervise, direct, control or monitor the Hitter Services and expressly disclaims any responsibility and liability for the Hitter Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. 

If there is a dispute between a Hitter and a Player, including without limitation, relating to the payment of and/or the amount of Paid Hits Fees, you agree that UTR Sports is under no obligation to become involved. In the event that you have a dispute with one or more Hitters or Players, you release the Releasees from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Paid Hits. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Additional Terms Specific to Players

In order to use Paid Hits as a Player, you must be at least thirteen (13) years old, and by accessing and/or using Paid Hits, you represent and warrant that you are at least thirteen (13) years of age. If you are under (18) years of age, you acknowledge and agree that we may send a notification to your parent or guardian at the parent/guardian contact information associated with your account in connection with each Hitter Service you request or book.

Additional Terms Specific to Hitters

To be eligible to be a Hitter for Paid Hits, you must be at least sixteen (16) years old and you must submit an application to UTR Sports for approval. You represent and warrant that all information you provide in your application and in response to any additional requests from UTR Sports is complete and accurate. UTR Sports reserves the right to reject any applicant in its sole discretion.

As a Hitter, you may receive Player requests for Hitter Services via Paid Hits, which may include basic information related to such requested Hitter Services, such as the name of the Player, the type of Hitter Services requested (e.g. coaching or matchplay), and/or the timeline requested. You may choose to accept requests for Hitter Services that you are willing and able to fulfill via Paid Hits. You may not accept requests you are not able to or do not intend to fulfill. You acknowledge and agree that once you have been accepted as a Paid Hitter, UTR Sports may provide certain information about you to the Player, including your name and certain contact information. As between UTR Sports and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the manner to perform each instance of the Hitter Services, and (b) except for the Paid Hits platform, you shall provide all necessary materials, at your own expense, necessary to perform the Hitter Services. 

No Hitter may collect any information, with the exception of contact information offered by the Player for the purpose of communication for scheduling a Paid Hit, from or relating to Players (“Player Information”), whether via Paid Hits, in the course of performing Hitter Services, or otherwise, beyond what is necessary to perform the Hitter Services for the applicable Player from or about whom such Player Information was collected. Hitters also must not use any Player Information beyond what is necessary to perform the Hitter Services for such applicable Player. Upon the conclusion of the Hitter Services for a Player (or otherwise upon the request of such Player or UTR Sports), Hitter must properly destroy all Player Information from or relating to such Player and make no further use of it whatsoever. Hitters must collect, use, maintain, and transmit all Player Information in compliance with all applicable laws.

Ratings

As a Hitter, you acknowledge and agree that: (a) after receiving Hitter Services, a Player may be asked to provide a rating of you and such Hitter Services and, optionally, to provide comments or feedback about you and such Hitter Services, whether through the UTR Sports platform, mobile application, website or other means; and (b) after providing Hitter Services, you may be asked to provide a rating of the Player and, optionally, to provide comments or feedback about the Player, whether through the UTR Sports platform or other means. You shall provide your ratings and feedback in good faith.

UTR Sports reserves the right to use, share and display your and Player ratings and comments in any manner in connection with the business of UTR Sports without attribution to you or your approval. You acknowledge and agree that UTR Sports is a distributor (without any obligation to verify) and not publishers of your and Player ratings and comments, provided that UTR Sports reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or UTR Sports' content policies. 

Paid Hits Fees 

Hitters must be annual Power subscribers and UTR Sports charges a small fee per Paid Hit. Paid Hitters are required to use the UTR Sports platform to process the payment of Paid Hits through their connected Stripe account.

For each instance of Hitter Services requested, received and/or completed, the Player may agree to pay the Hitter a fee (the “Paid Hits Fees”) for the Hitter Services. The amount, payment schedule and all other matters relating to Paid Hits Fees are solely between the Player and the Hitter. Both Player and Hitter acknowledge and agree that UTR Sports has no responsibility or liability relating to the Paid Hits Fees. Player will indemnify and hold harmless UTR Sports from and against any claims relating to the Paid Hits Fees, including without limitation, the failure to timely pay any Paid Hits Fees.

Taxes

You acknowledge and agree that you are responsible between yourselves for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax in connection with the Hitter Services.

Termination of Paid Hits

You’re free to stop using Paid Hits at any time; please refer to our Privacy Policy, as well as our Terms, to understand how we treat information you provide to us after you have stopped using Paid Hits.

We are also free to terminate (or suspend access to) your use of Paid Hits for any reason in our discretion, including your breach of these Paid Hits Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Paid Hits Terms; for example, a Player who believes that a Hitter may be in breach of these Paid Hits Terms is not able to enforce these Paid Hits Terms against that Hitter (or vice versa). In addition, and notwithstanding anything else, we may terminate and/or deactivate your access to Paid Hits immediately, with or without notice, in the event you no longer qualify, under applicable law or the standards and policies of UTR Sports, to provide or engage with the Hitter Services.

Provisions that, by their nature, should survive termination of these Paid Hits supplemental terms shall survive termination, including without limitation the survival provisions set forth in the General Terms.

(4) FLEX AND PLAYMORE LEAGUE MANAGERS

The following terms govern the use of UTR Sports Flex and PlayMore League Manager services.

To use the League Manager Services, you must be at least eighteen (18) years old and maintain an active account in good standing in accordance with the General Terms.

Flex and/or PlayMore League Managers must provide and maintain an active, valid Stripe account connected to the UTR Sports payment platform to receive payments. Failure to maintain a connected account may result in delayed payment. To create and manage a Stripe account visit Stripe.com. All payments to League Managers are processed exclusively by the Payment Processor as described in the Payment Processing Disclaimer set forth in the General Terms. UTR Sports does not hold, transmit, or have custody of league fees or manager payments at any time.