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The short version
This box helps you read the terms. It does not replace them. If anything here seems different from the full terms below, the full terms apply.
- Athlema is a technology platform. Organizers and pickup hosts run the games, leagues and tournaments. We do not run them, supervise them, or check the people, places or organizers involved.
- Sport has real risks, including serious injury. You choose to take part, and you accept those risks. To the extent the law allows, you release Athlema from claims about injuries and losses at events you join through Athlema.
- When you pay for a registration, you buy it from the organizer. We collect the payment for the organizer through Stripe. The organizer's refund policy applies, plus a few automatic rules we explain in Section 7, including how deposits are treated.
- The Athlema service fee is shown before you pay. Your card statement shows "Athlema", not the organizer's name.
- Organizer credit can only be used with the organizer that gave it. It is the organizer's promise, not ours.
- Athlema+ renews automatically until you cancel. You can cancel online at any time at athlema.com/me/membership.
- Your results, team name, display name and profile photo in published programs are public and can appear in search engines and on organizers' websites.
- Be respectful. We have no tolerance for objectionable content or abusive users. See the Community Rules.
- You must be 18 or older to have an account. Where an organizer allows it, a parent or guardian can register a player aged 13 to 17. No one under 13 may take part.
- Most disputes go to individual arbitration, not court, and there are no class actions. You can opt out within 30 days.
IMPORTANT NOTICE ABOUT DISPUTES: SECTION 26 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER. IT REQUIRES YOU AND ATHLEMA TO RESOLVE MOST DISPUTES IN INDIVIDUAL ARBITRATION, NOT IN COURT AND NOT AS PART OF A CLASS. YOU CAN OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS BY FOLLOWING THE STEPS IN SECTION 26.11.
SECTION 5 CONTAINS AN ASSUMPTION OF RISK AND A RELEASE THAT LIMITS YOUR RIGHT TO MAKE CLAIMS AGAINST ATHLEMA, INCLUDING CLAIMS BASED ON ATHLEMA'S OWN NEGLIGENCE, TO THE EXTENT THE LAW ALLOWS. PLEASE READ IT CAREFULLY.
1. About these terms
1.1 Who we are. Athlema is a platform for finding, joining and running sports tournaments, leagues, events and pickup games. In these terms, "Athlema", "we", "us" and "our" mean Athlema, Inc., a Delaware corporation. "You" means the person using Athlema.
1.2 What these terms cover. These Terms of Service (the "Terms") are a legal agreement between you and Athlema. They apply to everything we offer under the Athlema name (together, the "Service"), including:
- athlema.com, including the public pages and the signed-in player area;
- hub.athlema.com (the "hub"), the portal organizers and their staff use;
- the Athlema app for iOS and Android (the "app");
- emails and notifications we send; and
- Athlema widgets that organizers place on their own websites ("embeds").
The Terms apply to everyone who uses the Service: players, guests, team captains, pickup hosts, referees, and people who work for organizers when they use Athlema as individuals.
1.3 How you accept these Terms. You accept these Terms when you create an account, sign in, register for a program, pay through Athlema, or otherwise use the Service after being shown a notice that these Terms apply. If you do not agree, do not use the Service.
1.4 Other policies that are part of these Terms. The following are part of these Terms:
- the Community Rules, which say what is not allowed and how reporting and blocking work;
- the Copyright Policy.
When you register, the organizer may show you its own program terms, such as its rules, its refund policy and a waiver. Those are agreements between you and the organizer, not part of these Terms (see Sections 4 and 9), although these Terms require organizers to follow some minimum rules (Section 7).
Our Privacy Policy explains how we collect and use personal information. Please read it. Our account deletion page explains how to delete your account and what happens when you do.
1.5 Organizers. An "organizer" is an organization, such as a league, club, social sports company or facility, that runs programs on Athlema through the hub. Organizations that use the hub are also bound by the Organizer Platform & Payments Agreement (the "Organizer Agreement"). If you use organizer features on behalf of an organization, these Terms apply to you as an individual and the Organizer Agreement applies to the organization. If these Terms and the Organizer Agreement conflict about an organization's use of organizer features, the Organizer Agreement wins.
1.6 Some words we use.
- A "program" is anything an organizer runs on Athlema that people can join, such as a tournament, league, event, session or organizer-hosted pickup game.
- A "registration" or "entry" is your place in a program.
- A "pickup game" is a game listed on Athlema that people can join. A player can host one (a "player-hosted" game) and so can an organizer (an "organizer-hosted" game).
- A "host" is the player who lists a player-hosted pickup game.
- "Content" means anything you or others write, upload or share on the Service, such as names, bios, photos, team names, pickup game descriptions and chat messages.
2. Who can use Athlema
2.1 You must be 18 or older. You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account or use the signed-in parts of the Service.
2.2 Players aged 13 to 17. Athlema does not have guardian or youth features today. Some organizers run programs that allow players under 18. Where the organizer's program allows it, a parent or legal guardian who holds an Athlema account may register a player aged 13 to 17 for that program from the parent's or guardian's own account. If you do:
- you accept these Terms and the organizer's program terms for yourself, and you must accept any waiver the organizer requires on the player's behalf, as their parent or guardian. Your acceptance on the player's behalf applies to the extent the law allows;
- you are responsible for the player's participation and for everything done under your account;
- you confirm that you are the player's parent or legal guardian. Athlema does not verify anyone's age or guardianship; and
- the name you enter for the player's entry may be public like any other entry (see Section 14).
People under 18 may not have their own Athlema account, use team chat, or host pickup games. No one under 13 may be registered or take part in any way (see Section 2.3).
2.3 Children under 13. Athlema is not for children under 13, and we do not knowingly collect personal information from them. Children under 13 cannot take part in programs on Athlema, even through a parent or guardian. Do not enter information about a child under 13 anywhere on Athlema, including in an entry name, a roster, a team list or a contact list. If we learn that an account holder is under 18, we will close the account. If we learn that we have personal information about a child under 13, we will delete it. If you think we have information about a child under 13, tell us at privacy@athlema.com.
2.4 Sanctions and export laws. You confirm that (a) you are not located in, and do not ordinarily live in, a country or region that is subject to comprehensive United States sanctions; (b) you are not on, and are not owned or controlled by anyone on, a United States government list of prohibited or restricted parties, such as the Specially Designated Nationals List of the U.S. Treasury Department's Office of Foreign Assets Control; and (c) you will not use the Service in violation of United States export control or sanctions laws.
2.5 Other conditions. You may not use the Service if we have previously suspended or banned your account (unless we tell you in writing that you may come back), or if the law where you live does not allow you to use it.
2.6 Where we offer the Service. Athlema is offered in the United States. Prices are in US dollars, and the Service is in English. You may be able to use parts of the Service elsewhere, but we make no promise that it is suitable or lawful to use outside the United States.
3. Your account
3.1 Creating an account. To join programs, pay, chat, host pickup games or build a Player Card, you need an account. You can sign up with an email address and password, a one-time email code, or your Apple or Google account, depending on where you sign up.
3.2 Accurate information. Give us accurate information and keep it up to date. Use your real name for your account. When you register for a program, use your full legal name where the organizer or a waiver asks for it.
3.3 One person, one account. Your account is for you alone. Do not create more than one account, share your account, or let anyone else use it. Do not sell, rent or transfer your account.
3.4 Keeping your account secure. Keep your password and sign-in methods safe. You are responsible for what happens under your account unless it was caused by our failure to take reasonable security measures. If you think someone else has used your account, tell us right away at support@athlema.com.
3.5 Signing in with Apple or Google. If you sign in with Apple or Google, your use of that sign-in is also governed by Apple's or Google's own terms, and we receive the information they share with us as described in our Privacy Policy. If you use Apple's "Hide My Email" option, emails we send go to the relay address Apple gives us.
3.6 Organizer staff. If an organizer gives you a role in the hub, the organizer decides what you can do and can remove your access. You must follow the Organizer Agreement and the organizer's instructions when you act for the organizer.
4. Athlema's role
4.1 We are a platform. Athlema provides software that helps organizers list and run programs and helps players find and join them. We are not the organizer, operator, promoter, venue owner, coach, referee, instructor or supervisor of any program or pickup game, even when it is listed, paid for or scored on Athlema. The organizer or host who lists a program or pickup game is responsible for it.
4.2 What organizers and hosts are responsible for. The organizer (or, for a player-hosted pickup game, the host) is responsible for the program or game, including its rules, schedule, format, eligibility, prices, refund policy, waivers, venue, permits, equipment, safety, first aid, staff, referees, insurance, taxes on its registrations, and its own messages to you. Organizers make their own decisions about who may take part, results, discipline and disputes within their programs. If you have a question or a problem with a program, contact the organizer first.
4.3 We do not vet people or places. We do not check, verify, endorse or guarantee any organizer, host, venue, referee, team, player or other user. We do not run background checks. We do not inspect venues, courts, fields or equipment. We do not check that organizers or hosts have permits, insurance or qualified staff. Any information about an organizer, venue, program or player on Athlema comes from that organizer or user, and we do not promise it is accurate or complete. Use your own judgment and take sensible precautions, especially when meeting people you do not know.
4.4 No medical or safety advice. Athlema does not give medical, health, fitness or safety advice. Nothing on the Service, including ratings, skill levels or program descriptions, tells you that you are fit or ready to play. Talk to a doctor before you start a sport or a new level of activity, especially if you have a health condition or an injury.
4.5 Weather, venues and changes. Programs and games can be delayed, moved, changed or cancelled because of weather, venue problems, low numbers or other reasons. Those decisions are made by the organizer or host. What happens to your payment is explained in Section 7.
4.6 Disputes with organizers and other users. Your agreement for a program is with the organizer. If you have a dispute with an organizer, a host or another user, it is between you and them. We may, but do not have to, help resolve it. To the extent the law allows, you release Athlema from claims, demands and damages of every kind, known and unknown, arising out of or connected with a dispute between you and an organizer, a host or another user. This release does not apply to claims about Athlema's own obligations to you under these Terms, such as the payment rules in Sections 6 to 8.
5. Sports risks, assumption of risk and release
5.1 Sport is risky. Playing, officiating, coaching or watching sports involves risks. These include, for example, falls, collisions, contact with balls, racquets, equipment or other people, overexertion, heat illness, dehydration, cardiac events, unsafe surfaces or facilities, weather, travel to and from venues, the actions of other people, and theft or damage to property. These risks can cause serious injury, permanent disability, death, and loss of or damage to property. Some risks cannot be removed without changing the nature of the sport.
5.2 YOU ASSUME THE RISKS. YOU TAKE PART IN EVERY PROGRAM, PICKUP GAME AND ACTIVITY THAT YOU JOIN, HOST OR OFFICIATE THROUGH ATHLEMA, OR THAT YOU TAKE PART IN AFTER FINDING IT ON ATHLEMA, VOLUNTARILY AND AT YOUR OWN RISK. YOU KNOWINGLY ASSUME ALL RISKS OF INJURY, ILLNESS, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY THAT ARISE FROM THOSE ACTIVITIES, WHETHER THE RISKS ARE KNOWN OR UNKNOWN.
5.3 RELEASE OF ATHLEMA, INCLUDING FOR ATHLEMA'S NEGLIGENCE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE AND DISCHARGE ATHLEMA AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (THE "ATHLEMA PARTIES"), FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES FOR PERSONAL INJURY, ILLNESS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY THAT ARISE OUT OF OR RELATE TO ANY PROGRAM, PICKUP GAME OR OTHER ACTIVITY THAT YOU JOIN, HOST OR OFFICIATE THROUGH THE SERVICE, OR THAT YOU TAKE PART IN AFTER FINDING IT ON THE SERVICE. THIS RELEASE EXPRESSLY INCLUDES CLAIMS BASED ON THE NEGLIGENCE OF ANY ATHLEMA PARTY, INCLUDING ORDINARY NEGLIGENCE, WHERE THE LAW ALLOWS SUCH A RELEASE.
5.4 What the release does not cover. The release in Section 5.3 does not apply to (a) gross negligence, recklessness, fraud or willful misconduct by an Athlema Party, or (b) any other claim or liability that the law where you live does not allow to be released. If a court decides any part of the release cannot be enforced, the rest of it still applies.
5.5 Unknown claims. You understand that the release in this Section 5 and in Section 4.6 covers claims you do not know about or suspect today. If you live in California, you 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." If you live somewhere else, you waive any similar law, to the extent the law allows.
5.6 Organizer waivers are separate. Organizers may also ask you to sign their own waiver before you take part (see Section 9). That waiver is an agreement between you and the organizer. It does not reduce the protection Athlema has under this Section 5, and this Section 5 does not reduce the protection the organizer has under its waiver.
5.7 Your own responsibilities. You are responsible for deciding whether an activity, venue or level of play is right for you, for using suitable equipment, for following the organizer's rules and the instructions of officials, and for stopping if you feel unwell or unsafe. If you see a safety problem, tell the organizer or host.
6. Registrations and payments
6.1 The organizer is the seller. When you register and pay for a program, you are buying it from the organizer, not from Athlema. The organizer sets the price, decides what the registration includes, and is responsible for delivering the program.
6.2 Athlema collects payments for the organizer. Each organizer appoints Athlema as its limited agent to collect payments from players for that organizer's programs. We collect payments through Stripe, our payment processor. When you pay Athlema (through Stripe) for a registration, that counts as paying the organizer. The organizer cannot ask you to pay the same amount again because it has not yet received the money from us or from Stripe.
6.3 Payment processing. Payments are processed by Stripe. Stripe, not Athlema, receives and stores your full card details. Your use of Stripe's payment form is also subject to Stripe's terms and its privacy policy (opens in a new tab). We do not control Stripe and are not responsible for Stripe's services, but we will help you with payment problems on Athlema.
6.4 Prices. Prices on Athlema are in US dollars. The organizer sets the price of each registration and is responsible for its accuracy and for any taxes on it. If a price is clearly wrong, for example because of a typing error, the organizer or Athlema may cancel the registration and refund what you paid. Prices for Athlema's own services, such as Athlema+, do not include taxes unless we say so. You are responsible for any taxes that apply to your purchases, except taxes on our income.
6.5 The Athlema service fee. For most paid registrations, you pay an Athlema service fee on top of the price the organizer sets. The service fee is made up of:
- Athlema's part: a percentage of the registration price, after any discount. The percentage depends on the organizer's Athlema plan; and
- card processing: an amount that covers the cost of processing your card payment.
The service fee is shown as one line before you pay. The organizer receives the registration price. Athlema keeps the service fee. There is no service fee on free registrations, on referee fees that an organizer collects with a registration, or on seats in organizer-hosted pickup games. If you are an Athlema+ member, you do not pay Athlema's part, only card processing (see Section 10). We may change how the service fee is calculated in the future. Any change will apply only to payments made after the change, and the fee will always be shown before you pay.
6.6 Your card statement. Payments for registrations appear on your card or bank statement under Athlema's name, not the organizer's name. Please remember this before you dispute a charge you do not recognize.
6.7 Authorization to charge. When you pay on Athlema, you authorize us and Stripe to charge your payment method for the amount shown, including the registration price, the service fee and any amounts described in this Section 6, such as a deposit balance or a payment request you choose to pay. You confirm that you have the right to use the payment method. If a payment fails or is reversed, your registration may not be confirmed or may be cancelled.
6.8 Deposits. Some organizers let you pay a deposit when you register and the rest (the balance) by a deadline. The organizer sets the deadline, which is 7 days before the program starts unless the organizer chooses another date, and you will see it before you pay. If you do not pay the balance by the deadline, your entry is released. What happens to your deposit then is set by the organizer before you register and shown to you: the organizer keeps it, turns it into organizer credit, or refunds it. Whether a deposit is refunded if you withdraw is also the organizer's choice and is shown before you register. If the organizer cancels the program, your deposit is returned.
6.9 Discount codes. Organizers may offer discount codes for their programs. The organizer decides the terms of each code, such as how many times it can be used and when it ends. Discount codes have no cash value, cannot be exchanged for money, and can only be used for the programs the organizer allows. The service fee is calculated on the price after the discount. We or the organizer may cancel a registration that used a code obtained or used improperly.
6.10 Payment requests. An organizer may ask you to pay an amount after you register, for example a deposit balance, a place that opens up for you from a waitlist, or an adjustment for referee costs. These are payment requests. You will see what each request is for, how much it is and when it expires. If you are offered a place from a waitlist, you have 72 hours to pay. If you do not pay a payment request before it expires, the request ends and, depending on what it was for, you may lose your place, be removed from the roster, or the place may be offered to the next person. Any service fee on a payment request is shown before you pay.
6.11 Chargebacks. If you have a problem with a charge, please contact the organizer or us at support@athlema.com before you dispute it with your bank. Most problems can be fixed faster that way.
7. Refunds, cancellations and transfers
7.1 The organizer's refund policy applies. Each organizer decides how it handles refunds, within the automatic rules in Section 7.2. Before you pay, checkout shows you the price, the Athlema service fee and the deposit terms (if any). The registration close date is shown on the program page. The organizer's own refund policy, where it has one, is published by the organizer on its program page or its website. By paying, you agree to the organizer's refund policy and to the rules in this Section 7. Organizers must follow their published policy and these rules. Organizers and Athlema staff can issue refunds. For any other refund request, contact the organizer first.
7.2 Automatic rules. These rules apply on Athlema no matter what the organizer's policy says:
- You withdraw before registration closes: the amount you paid by card is refunded to that card automatically, except a deposit, which is refunded only if the organizer made deposits refundable (you see this before you pay; see Section 6.8). If the organizer set no registration close date, this rule applies whenever you withdraw while registration is open. You cannot withdraw yourself once the program has started, once your entry is in a scheduled match, or after the organizer has placed you on a team; contact the organizer instead.
- You withdraw after registration closes: there is no automatic refund. The organizer decides whether to refund you, under its policy.
- The organizer cancels a program: if the organizer makes a cancellation offer (Section 7.4), you choose from it. If it does not, we tell you that the program is cancelled, and when you withdraw your entry from it you are refunded in full automatically, including the service fee and any deposit.
- Paid seats in organizer-hosted pickup games: you get a full refund if you leave before the game starts, if the host removes you, or if the game is cancelled. You cannot leave a paid seat after the game has started.
- Payment errors: if a payment cannot be matched to a registration, or does not match what was owed, it is reversed in full automatically.
Any part of a payment you made with organizer credit comes back to you as organizer credit, not as money.
7.3 The service fee on refunds. The Athlema service fee is:
- returned when you get a full refund, when the program is cancelled, and when you were charged twice for the same thing;
- kept when you get a partial refund, because the service was provided; and
- not refundable in other cases, except where the law requires a refund.
7.4 Cancellation offers. When an organizer cancels a program, it may offer you a choice: move your entry to another of its programs, take organizer credit, or take a refund. The offer has a deadline and a default choice, both set by the organizer and shown in the offer. If you do not choose by the deadline, the default choice applies. Organizers must include a full refund as one of the choices when they cancel a program without rescheduling it or change it substantially.
7.5 Transfers. An organizer may move your entry to another program run by the same organizer, and may let you do this yourself. The organizer may charge a transfer fee, which is shown before you confirm. Entries cannot be transferred to another person or to a program run by a different organizer.
7.6 How refunds are paid. Refunds go back to the payment method you used. Your bank may take several business days to show the refund. We cannot send a refund to a different card or account.
7.7 If an organizer does not honor its policy. If an organizer does not respond to you or does not follow its refund policy or these rules, contact us at support@athlema.com. We may issue a refund on the organizer's behalf, but we do not have to, and we are not responsible for the organizer's obligations to you.
8. Organizer credit
8.1 What it is. An organizer may give you organizer credit, for example instead of a refund, as part of a cancellation offer, or as a goodwill gesture. Your credit balance with each organizer is shown in your account.
8.2 Where you can use it. Credit can only be used to pay for programs run by the organizer that issued it. It cannot be used with any other organizer or for Athlema's own services, such as Athlema+.
8.3 What it is not. Credit is not money and is not a gift card. It has no cash value and cannot be exchanged for cash, except where the law requires it. It cannot be transferred to another person, sold or combined with another person's credit.
8.4 Expiry. An organizer may set an expiry date for credit it issues. If your credit has an expiry date, you will see it, and we will show you a notice in your Athlema notifications about 30 days before it expires (or when the credit is issued, if that is later). Expired credit cannot be used.
8.5 Credit is the organizer's promise, not Athlema's. Organizer credit is an obligation of the organizer that issued it, never of Athlema. Athlema records the credit and lets you use it with that organizer while the organizer uses Athlema. If the organizer stops using Athlema, or its account is suspended or closed, Athlema will not honor, pay out or refund its credit. Your rights to that credit are against the organizer alone.
8.6 Account deletion. If you delete your account, any organizer credit you have is lost.
9. Waivers and electronic signatures
9.1 Organizer waivers. Organizers may require you to sign a waiver, release or similar agreement before you take part in a program. The organizer writes and owns its waivers. Athlema provides the tool for signing and keeps a record of your signature. We do not write or review organizers' waivers, and we do not promise that any waiver is complete, lawful or enforceable. Questions about a waiver's content should go to the organizer.
9.2 Your typed name is your signature. When you sign a waiver on Athlema, you type your full legal name. Your typed name is your legal signature, with the same effect as signing on paper, and you intend to sign by typing it. Each adult signs for themselves. Do not sign for another adult. Teammates you add by name to a team entry do not sign through Athlema unless they later join with their own account; the organizer is responsible for collecting any waiver it needs from them.
9.3 Signing as a parent or guardian. If an organizer's program allows players aged 13 to 17 and you register one (Section 2.2), you must accept the organizer's waiver on the player's behalf, as their parent or legal guardian, and you confirm that you have the legal authority to do so. Your acceptance binds the player only to the extent the law allows. The organizer decides whether a parent's or guardian's signature is enough for its program and its state. Athlema's signature record shows only the name you type and does not record that you signed for a minor, so tell the organizer if it needs that recorded.
9.4 Consent to electronic records. You agree to receive and sign these Terms, waivers, receipts, notices and other records electronically. You agree that electronic records and signatures have the same legal effect as paper ones. You can print or save any record shown to you. If you want a copy of a waiver record we hold, ask us at support@athlema.com. You need a device with internet access and an up-to-date browser or the Athlema app, and an email address, to receive electronic records. You can ask for a paper copy of a record we hold at support@athlema.com; we do not charge for this. You can withdraw this consent by closing your account, but that does not affect records you have already signed electronically. Keep your email address up to date in your account.
9.5 What we keep. For each signature, we keep your typed name, the time you signed, which waiver you signed and which program it was for. We keep these records as legal records, including after you delete your account, as explained in our Privacy Policy.
10. Athlema+ membership
10.1 What it is. Athlema+ is an optional paid membership for players. While your membership is active:
- you do not pay Athlema's part of the service fee on registrations (you still pay card processing);
- you can host up to 4 pickup games in any 30 days, instead of 1; and
- you can own up to 5 teams, instead of 1.
Athlema+ never buys you a place in a draw, a better seed, or priority on a waitlist. We may change the benefits. If we take away a main benefit, we will tell you in advance, and you may cancel.
10.2 Price. Athlema+ costs the price shown when you join, which is currently US$6.99 per month or US$59 per year.
10.3 AUTOMATIC RENEWAL. YOUR ATHLEMA+ MEMBERSHIP RENEWS AUTOMATICALLY AND CONTINUES UNTIL YOU CANCEL IT. AT THE START OF EACH RENEWAL PERIOD (EVERY MONTH FOR A MONTHLY MEMBERSHIP, OR EVERY YEAR FOR A YEARLY MEMBERSHIP), WE WILL CHARGE THE PAYMENT METHOD ON FILE THE THEN-CURRENT PRICE FOR YOUR PLAN, WHICH TODAY IS US$6.99 PER MONTH OR US$59 PER YEAR, UNTIL YOU CANCEL. There is no minimum term and no free trial. Before you join, athlema.com shows these renewal terms next to the button you use to subscribe. By subscribing, you agree to them.
10.4 How to cancel. You can cancel at any time online in your account settings at athlema.com/me/membership. Cancellation takes effect at the end of the period you have already paid for. You keep your benefits until then, and you will not be charged again. If you have questions, write to support@athlema.com.
10.5 Refunds. Except where the law requires it, we do not give refunds or credits for partial periods or unused time. We may choose to give a refund in a particular case, but that does not mean we will do so again.
10.6 Switching plans. You can switch between monthly and yearly. When you switch, the price is adjusted (prorated) for the time left in your current period.
10.7 Price changes. We may change the price of Athlema+. We will tell you about a new price 30 days before it first applies to your membership, and in any case within the notice period the law where you live requires. The new price applies from your next renewal after that notice. If you do not want to pay the new price, cancel before it applies.
10.8 Failed payments. If a renewal payment fails, Stripe will try again for a period of time, and your benefits continue while it does. If the payment still cannot be collected, your membership may end.
10.9 Account deletion. If you delete your account, your Athlema+ membership ends immediately and unused time is not refunded.
10.10 Buying Athlema+. Athlema+ is sold on athlema.com. It is not sold through in-app purchase in the app. If we ever offer Athlema+ through the Apple App Store or Google Play, the store's terms will govern billing, renewal and cancellation for memberships bought there, and you will manage them in your store account.
11. Hosting pickup games
11.1 Player-hosted games are free. Any player with an account can host a pickup game. Player-hosted pickup games are always free on Athlema. You may not charge players through Athlema for a player-hosted game. If players agree among themselves to share costs, such as a court fee, outside Athlema, that is between them and the host, and Athlema is not part of that arrangement. Only organizers can charge for pickup games, under the Organizer Agreement.
11.2 Hosting limits. You can host up to 1 pickup game in any 30 days, or up to 4 with Athlema+. We may change these limits.
11.3 Your duties as a host. When you host a pickup game, you are responsible for it in the same way an organizer is responsible for a program (see Section 4.2). In particular, you must:
- make sure you have the right to use the venue, and any permit or booking it needs;
- describe the game accurately, including the place, time, level and anything players should know;
- not host a game that is unsafe, unlawful, or that needs supervision you cannot provide;
- treat players fairly and follow the Community Rules;
- cancel or update the game promptly if plans change; and
- use the information you see about players only to run the game.
You are not Athlema's employee, agent or representative. You host on your own behalf.
11.4 What we may do. We may remove or change the details of a pickup game, or cancel it, if we believe it breaks these Terms or the Community Rules, or to protect people's safety.
12. Teams and captains
12.1 Teams. You can create a team on Athlema and invite others to join. The person who owns a team (the captain) manages it. On the free plan you can own 1 team, or up to 5 with Athlema+.
12.2 Captain responsibilities. As a captain, you are responsible for your team's name, photos and settings, for the people you invite, and for making sure team information is accurate. Team names and photos must follow the Community Rules.
12.3 Invitations. When you invite someone by email, only invite people who know you and would expect the invitation. Do not use invitations to send advertising or unwanted messages.
12.4 Paying for a team. If you pay for a team's registration, you are paying on behalf of the team. Any arrangement to collect money from your teammates is between you and them. Athlema does not collect money from teammates for you and is not part of those arrangements. Refunds for a team registration go back to the payment method used to pay for it.
12.5 Team chat. Team chat is for team members. Organizers can remove messages in chats for their programs. We moderate team chat under the Community Rules.
12.6 Leaving or deleting. If you delete your account, teams you own are archived unless you hand ownership to a teammate first.
13. Referees
13.1 Invitations from organizers. Organizers can invite you to referee or officiate in their programs. Accepting is your choice.
13.2 Pay is between you and the organizer. Referees are paid by organizers, outside Athlema. Athlema may record the amounts an organizer says it owes or has paid you, but we do not pay referees, hold referee pay, or guarantee that an organizer will pay you. Some organizers collect a referee fee from players with their registration. That fee goes to the organizer, without an Athlema service fee. Any question about your pay goes to the organizer.
13.3 You are not Athlema's worker. When you referee, you do so for the organizer or on your own behalf. You are not Athlema's employee, contractor or agent. Whether you are the organizer's employee or contractor is between you and the organizer, as are any taxes on your pay.
13.4 Accurate records. If you enter scores, results or conduct records on Athlema, enter them honestly and accurately.
14. Public information and visibility
14.1 Public results. When an organizer publishes a program, some participation information becomes public. This includes the display name you enter for your entry, your team name, your profile photo, seeds, schedules, scores, standings, brackets and awards. Public information can be seen by anyone on athlema.com, in embeds that organizers place on their own websites, and may be indexed by search engines such as Google.
14.2 How you can control it. You choose the display name for each entry. You can remove your profile photo at any time. You can also ask the organizer to change how you appear in its program. Results that have already been published may stay visible on other websites or in search results for some time, and we do not control those copies.
14.3 Pickup games. On public pickup game pages, the host's display name is public. The list of people attending a pickup game is not public.
14.4 Player Cards. Your Player Card shows your name, photos, bio, home city, languages, sports, stats, awards and history. Any signed-in Athlema user can see it, unless one of you has blocked the other. Your Player Card never shows your email address, phone number, age or date of birth, height or shirt size, or the gender you set in your profile. It does show whether you are an Athlema+ member, and your event history shows the category you played in (for example men's, women's or mixed).
14.5 Photos. Photos you upload are stored so that anyone with the link to a photo can view it. Do not upload a photo you would not want others to see.
15. Your content
15.1 You own your content. You keep ownership of the content you post on Athlema.
15.2 The license you give us. So that we can run the Service, you give Athlema a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, adapt (for example, format or resize), and distribute your content, in order to operate and improve the Service and to show public program pages and listings (Section 14). We may sublicense these rights to our service providers and to organizers, but only as needed to run the Service, for example to show your entry in an organizer's program. We will not use your name, photo or likeness in advertising or marketing for Athlema, paid or unpaid, without your separate written permission.
15.3 When the license ends. The license ends when your content is deleted from the Service, except that it continues for (a) content you shared with others, such as team chat messages, which stay part of the conversation, (b) copies in backups for a limited time, and (c) records we must keep for legal, safety or accounting reasons.
15.4 Your responsibility. You are responsible for your content. You confirm that you have all the rights needed to post it and to give us the license above, and that it does not break any law or anyone else's rights. If a photo shows other people, you confirm that you have their permission to post it. Do not post anything that you would not want to be public or seen by the people who can see it.
15.5 We may remove content. We do not review all content before it is posted, but we may review, remove or restrict any content at any time if we believe it breaks these Terms, the Community Rules or the law, or could harm someone.
16. Community Rules and moderation
16.1 Follow the Community Rules. You must follow the Community Rules, which are part of these Terms. There is no tolerance for objectionable content or abusive users on Athlema.
16.2 Reporting. You can report content and players that break the Community Rules, as explained in the Community Rules. Athlema staff review every report within 24 hours. When content breaks the rules, we remove it, and we act against the person who posted it.
16.3 Blocking. You can block other players, as explained in the Community Rules.
16.4 Enforcement. If you break the Community Rules or these Terms, we may remove your content, warn you, ban you from a team chat or from all chat, suspend or archive a team you own, cancel a pickup game you host, suspend your account or close it permanently. We decide what is appropriate based on what happened, and we may act without warning where we think it is needed to protect people. We tell you when we remove your content and why. You can appeal as explained in the Community Rules.
16.5 Child safety. We have zero tolerance for child sexual exploitation. We remove it, preserve evidence, report it to the National Center for Missing & Exploited Children as US law requires, permanently ban the people involved and cooperate with law enforcement.
17. Things you must not do
You must not, and must not help or allow anyone else to:
- break any law, or use the Service for any unlawful purpose;
- use the Service for betting, wagering or gambling on any game, result or player;
- cheat, fix or manipulate a game, result, rating, ranking or draw, or enter false scores or results;
- commit fraud, including making false payment claims, misusing someone else's payment method, abusing refunds, discount codes or credit, or filing chargebacks for charges you know are valid;
- pretend to be another person or organization, or misrepresent your connection with anyone;
- use the Service to discriminate unlawfully against anyone, for example in who you allow to join a team or game;
- collect, scrape, harvest or store information about other users without their permission, including by using bots, crawlers or other automated means;
- use contact details or other personal information you get through Athlema for anything other than the program, team or game it relates to, for example for marketing, selling, or contacting people who have not agreed to it;
- send spam, chain messages, or advertising that people did not ask for;
- enter information about children under 13, or create an account for or on behalf of someone under 18;
- copy, change, distribute, sell or lease any part of the Service, except as these Terms allow;
- reverse engineer, decompile or try to extract the source code of the Service, except where the law allows it despite this restriction;
- get around, disable or interfere with security features, permissions, rate limits, blocks, or any feature that limits who can see or do what;
- access parts of the Service you are not allowed to access, or test, probe or scan the Service for weaknesses without our written permission;
- interfere with or overload the Service, or upload viruses or other harmful code;
- buy, sell or transfer accounts, entries (except through the transfer features in Section 7.5), credit or discount codes;
- use the Service to build a competing product, or to copy its features or design;
- use the Athlema name, logo or brand in a way that suggests we endorse or work with you, without our written permission; or
- use the Service in any way that could harm Athlema, our users, organizers or anyone else.
18. Communications and notifications
18.1 Messages we send. We send you emails and in-app notifications that are part of the Service, such as sign-in codes, receipts, registration confirmations, schedule changes, team and chat notices, payment requests and moderation notices. Because these are needed to run your account and your registrations, you cannot turn all of them off while you have an account.
18.2 Your notification settings. You can turn off kinds of notifications that are not essential at athlema.com/me/notifications. Security and safety notices are always sent.
18.3 Messages from organizers. Organizers can send emails to the people in their programs. The organizer is responsible for those messages and for following the law that applies to them. If you do not want to receive an organizer's messages, contact the organizer.
18.4 Other channels. We do not send text messages today, and we do not send push notifications from our servers today. The app may ask for permission to show notifications. Today it uses that permission only to show game-day information on your phone, such as your next court and time on the lock screen, built from information the app downloaded while you used it. If we start sending push notifications or text messages, we will ask for any consent the law requires, and you will be able to choose which kinds you get in your settings and turn them off in your device settings.
18.5 Electronic communications. You agree that we can give you notices, disclosures and other communications electronically, by email to the address on your account, in the Service, or on our website, and that these meet any legal requirement that a communication be in writing. Keep your email address up to date.
19. Third-party services
19.1 Services we use. The Service works with services from other companies, such as Stripe for payments, Apple and Google for sign-in, and map and address services. When you use those features, you may also be subject to those companies' terms and privacy policies. In the app, maps are provided by Google, and your use of them is subject to the Google Maps Additional Terms of Service (opens in a new tab) and the Google Privacy Policy (opens in a new tab).
19.2 Links and embeds. The Service may link to websites and services we do not control, including organizers' own websites. Organizers may also show Athlema embeds on their own websites. We are not responsible for those websites, their content or their privacy practices.
19.3 No responsibility for third parties. We are not responsible for the services, products, acts or failures of any third party, including organizers, hosts, venues, Stripe, Apple and Google, except as these Terms specifically say.
20. Athlema's intellectual property and feedback
20.1 Our rights. The Service, including its software, design, text, graphics, logos and the Athlema name, belongs to Athlema or its licensors and is protected by intellectual property laws. Except for your content and content that organizers and other users provide, all rights in the Service are ours.
20.2 Your right to use the Service. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose. If you use the app, you may install and use it on devices you own or control. These Terms do not give you any other right in the Service or in our brand.
20.3 Feedback. If you send us ideas, suggestions or feedback, we may use them for any purpose without paying you or owing you anything.
21. Copyright complaints
We respect intellectual property rights and expect our users to do the same. If you believe content on Athlema infringes your copyright, follow the steps in our Copyright Policy, which also explains how to send a counter-notice if your content was removed by mistake. We close the accounts of repeat infringers in appropriate circumstances. For trademark or other intellectual property complaints, write to legal@athlema.com.
22. Suspension, termination and account deletion
22.1 What we may do. We may suspend, limit or close your account, or stop providing all or part of the Service to you, at any time if we reasonably believe that:
- you have broken these Terms, the Community Rules or the law;
- your use of the Service puts other people, Athlema or the Service at risk;
- we need to do so to comply with the law or a request from a court or government authority; or
- your account has been involved in fraud, payment abuse or repeated chargebacks.
Where reasonable, we will tell you why. We may act without notice where we think it is needed to protect people, to prevent fraud or harm, or where the law requires it.
22.2 Effect on your registrations. If we suspend or close your account, your registrations, refunds and any organizer credit are handled under Sections 7 and 8 and the organizer's policy. Suspension or closure does not cancel amounts you already owe.
22.3 Deleting your account. You can delete your account at any time. In the app, go to Profile › Account settings › Delete account. Our account deletion page explains the other ways to ask for deletion and exactly what happens, including what we keep for legal, tax and safety reasons. Deletion starts right away, usually finishes within minutes, and cannot be undone. If you ask by email instead, we complete the deletion within 30 days after we verify your request. In short: individual entries in programs that have not started are withdrawn under the normal refund rules; doubles and team entries stay so your partner or team can still play; organizer credit is lost; and Athlema+ ends without a refund for unused time.
22.4 Stopping use. You can also stop using the Service at any time. If you stop using it without deleting your account, these Terms continue to apply to your account.
22.5 What survives. When these Terms end, the following sections continue to apply: 4.6 (disputes with others), 5 (sports risks and release), 6 to 8 (for payments, refunds and credit already made or owed), 9.4 and 9.5 (electronic records), 15.3 and 15.4 (content license after deletion and your responsibility), 20 (intellectual property and feedback), 22 (this section), 23 (disclaimers), 24 (limitation of liability), 25 (indemnity), 26 (dispute resolution and arbitration), 27 (governing law and venue), 29 (app store terms) and 30 (general), and any other terms that by their nature should continue.
23. Disclaimers
23.1 THE SERVICE IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND EVERYTHING ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. ATHLEMA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
23.2 WHAT WE DO NOT PROMISE. WITHOUT LIMITING SECTION 23.1, ATHLEMA DOES NOT PROMISE THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DEFECTS WILL BE FIXED; (B) ANY PROGRAM, PICKUP GAME, VENUE, ORGANIZER, HOST, REFEREE OR USER IS SAFE, SUITABLE, QUALIFIED, LAWFUL OR AS DESCRIBED; (C) ANY SCHEDULE, RESULT, RATING, STANDING OR OTHER INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE; OR (D) ANY PROGRAM OR GAME WILL TAKE PLACE.
23.3 Your rights under the law. Where the law where you live does not allow part of this Section, that part does not apply to you and the rest does. If you live in New Jersey, see Section 24.5. Nothing in these Terms takes away any right you have that cannot be waived or limited by contract.
24. Limitation of liability
24.1 NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ATHLEMA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE.
24.2 CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE ATHLEMA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID TO ATHLEMA (THAT IS, ATHLEMA SERVICE FEES AND ATHLEMA+ MEMBERSHIP FEES) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100. Registration prices you paid to organizers through Athlema are not amounts paid to Athlema for this purpose. Your claims about those amounts are against the organizer.
24.3 Third parties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ATHLEMA PARTIES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF ORGANIZERS, HOSTS, VENUES, REFEREES, OTHER USERS OR OTHER THIRD PARTIES, OR FOR ANY PROGRAM, GAME OR ACTIVITY, OR ANY INJURY, ILLNESS, DEATH OR PROPERTY LOSS CONNECTED WITH ONE.
24.4 What these limits do not cover. The limits in this Section 24 do not apply to liability that the law does not allow to be excluded or limited, such as, in many states, liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by gross negligence. Where the law where you live does not allow part of this Section, that part does not apply to you and the rest does. These limits apply whatever the legal theory of the claim, and even if a remedy fails of its essential purpose.
24.5 If you live in New Jersey. Sections 23, 24 and 25 apply to you to the fullest extent New Jersey law allows. They do not limit Athlema's liability for (a) breach of a warranty New Jersey law does not permit a seller to disclaim, (b) damages recoverable under the New Jersey Consumer Fraud Act or the Products Liability Act, (c) punitive damages where New Jersey law allows them, or (d) death or personal injury caused by Athlema's negligence to the extent New Jersey law does not allow that liability to be released.
25. Indemnity
To the extent the law allows, you agree to defend, indemnify and hold harmless the Athlema Parties from and against claims, demands, losses, damages, fines and reasonable costs (including reasonable lawyers' fees) brought or claimed by a third party that arise out of:
- content you post on the Service;
- your breach of these Terms or the law; or
- your conduct toward other people, including at programs and pickup games you join, host or officiate.
You do not have to indemnify us for claims to the extent they are caused by our own negligence or misconduct. We will tell you about a claim, and we may choose to control the defense of it at our own cost. If we do, you will cooperate with us reasonably. You may not settle a claim that affects us without our written consent.
26. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO TAKE PART IN A CLASS ACTION.
26.1 What this section covers. This Section 26 covers every dispute, claim or controversy between you and Athlema (including our affiliates and our and their officers, directors, employees and agents) that arises out of or relates in any way to these Terms, the Service, or your relationship with Athlema, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms (each, a "Dispute"). It does not cover disputes between you and an organizer or another user, unless Athlema is also a party.
26.2 Informal resolution first. Most problems can be solved without a legal case, so before either of us starts an arbitration or a small claims case, we agree to try to resolve the Dispute informally.
- Notice. The party with the Dispute must send the other a written Notice of Dispute. If you send it, email it to legal@athlema.com. Email is enough. Once we publish a mailing address, you may also send a copy by mail to Athlema, Inc., Attn: Legal (mailing address available on request at legal@athlema.com). Your Notice is received when the email arrives. If we send it, we will email it to the address on your account. The Notice must include the sender's name, the email address on your Athlema account, a description of the Dispute, and the relief wanted. A Notice must be signed by the person sending it (typing your name is enough). If we send one, it will be signed by a person authorized to act for Athlema and will include the same information.
- Meeting. If either of us asks within the 60-day period below, we will hold an individual meeting by phone or video to try to resolve the Dispute. You must take part personally (with your lawyer if you have one), and we will take part through a person with authority to settle.
- 60 days. Neither of us may start an arbitration or a small claims case until 60 days after the Notice of Dispute is received, unless we agree otherwise in writing.
- Time limits paused. The time limits for bringing a claim are paused from the date the Notice of Dispute is received until the end of this 60-day period.
- A court may enforce this Section 26.2, including by staying or dismissing an arbitration or a lawsuit started without following it.
26.3 Agreement to arbitrate. If we do not resolve the Dispute informally, you and Athlema agree that the Dispute will be resolved only by final and binding individual arbitration, and not in court, except as stated in Sections 26.4 (small claims and intellectual property), 26.11 (if you opt out), 26.12 (public injunctive relief) and 26.13 (if the class action waiver cannot be enforced). This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 and following, and federal arbitration law.
26.4 Exceptions: small claims and intellectual property. Either of us may bring an individual claim in small claims court if it qualifies, and stays there on an individual (non-class, non-representative) basis. Either of us may also bring a lawsuit in court to stop actual or threatened infringement, misappropriation or misuse of intellectual property rights, such as copyrights, trademarks, trade secrets or patents, or to stop unauthorized access to or interference with the Service.
26.5 The rules and the administrator. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as changed by this Section 26. If 25 or more similar demands for arbitration are filed against Athlema, or by Athlema, by the same or coordinated lawyers or organizations, the AAA's Mass Arbitration Supplementary Rules will also apply. The AAA Rules are available at www.adr.org (opens in a new tab). If the AAA is not available, the parties will agree on another arbitration provider, or a court will appoint one.
26.6 Starting an arbitration. To start an arbitration after the informal resolution period, a party must file a demand with the AAA as the AAA Rules require and send a copy to the other party. A demand must be signed by the party filing it.
26.7 Fees. Your share of the AAA's filing, administrative and arbitrator fees will be no more than the filing fee the AAA Rules allow a consumer to be charged. Athlema will pay all other fees the AAA Rules require the business to pay. Each party pays its own lawyers' fees and costs, unless the arbitrator awards them under applicable law or the AAA Rules. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, fees will be allocated as the AAA Rules and applicable law allow.
26.8 How the arbitration works.
- Arbitrator. One neutral arbitrator decides the Dispute.
- Location. If there is an in-person hearing, it will take place in the county where you live, unless we both agree on somewhere else. Either party may ask to attend by video or phone. If your claim is for US$10,000 or less, it will be decided on the written submissions unless you ask for a hearing or the arbitrator decides one is needed.
- Powers. The arbitrator may award the same damages and individual relief that a court could award to an individual under the law, but only in favor of the individual party seeking relief and only to the extent needed to provide relief for that party's individual claim. The arbitrator must follow these Terms and the law.
- Decision. The arbitrator will give a written decision that explains the essential findings and conclusions. Judgment on the award may be entered in any court that has jurisdiction.
- Who decides what. The arbitrator decides all issues about the Dispute, including the scope, interpretation and enforceability of this Section 26, except that a court decides (a) whether Section 26.10 (class and representative waiver) is valid and enforceable and how it applies, (b) whether a claim seeks public injunctive relief under Section 26.12, and (c) disputes about compliance with Section 26.2 and Section 26.11.
26.9 Waiver of jury trial. YOU AND ATHLEMA EACH GIVE UP THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE. If a Dispute is heard in court for any reason, it will be decided by a judge, not a jury, to the extent the law allows.
26.10 CLASS ACTION WAIVER. YOU AND ATHLEMA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may not combine more than one person's claims and may not preside over any class, collective or representative proceeding, except as the AAA's Mass Arbitration Supplementary Rules allow for administrative purposes, and no award may give relief to anyone who is not a party to the arbitration.
26.11 YOUR RIGHT TO OPT OUT. You can opt out of this arbitration agreement within 30 days after the date you first create your account or, if we later change this Section 26, within 30 days after you first use the Service after the change takes effect (see also Section 26.14). To opt out, email legal@athlema.com with the subject "Arbitration opt-out", and include your full name, the email address on your Athlema account, and a clear statement that you want to opt out of the arbitration agreement in Athlema's Terms of Service. If you opt out, Disputes will be decided in court as stated in Section 27, but all other parts of these Terms, including the jury trial waiver in Section 26.9 to the extent the law allows, still apply. Opting out does not affect any other arbitration agreement you have with us.
26.12 Public injunctive relief. If you bring a claim that seeks public injunctive relief (an order mainly meant to protect the general public from an unlawful practice, rather than to benefit you), and a court decides that the law does not allow that relief to be waived or decided by an arbitrator, then that request for relief will be decided by a court in the place stated in Section 27, and not in arbitration. All other claims and requests for relief will be decided in arbitration first, and the court case about public injunctive relief will be paused until the arbitration is over.
26.13 If part of this section cannot be enforced.
- If a court decides that Section 26.10 (class action waiver) cannot be enforced for a particular claim or request for relief, then that claim or request (and only that one) will be removed from arbitration and decided in court, after any individual claims are decided in arbitration. In no case will a claim be decided in a class arbitration.
- If any other part of this Section 26 is found to be unenforceable, that part will be removed and the rest of this Section 26 will still apply.
26.14 Changes to this section. If we make a material change to this Section 26, we will give you at least 30 days' notice. You can reject the change by emailing legal@athlema.com within 30 days after the change takes effect. If you reject it, the version of this Section 26 that applied just before the change continues to apply to you. A change to this Section 26 never applies to a Dispute for which a Notice of Dispute was sent, or an arbitration or court case was started, before the change took effect.
26.15 Survival. This Section 26 continues to apply after your account is closed or deleted and after these Terms end.
27. Governing law and venue
27.1 Governing law. The Federal Arbitration Act governs Section 26. Otherwise, these Terms and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable federal law. This does not take away any protection you have under the consumer protection laws of the state where you live that cannot be waived by contract.
27.2 Venue. For any Dispute that is not arbitrated (for example, because you opted out, or because it falls under an exception in Section 26), you and Athlema agree that it will be decided only by the state or federal courts located in Delaware or in the state where you live, and you and Athlema consent to the personal jurisdiction of those courts. This does not apply to small claims cases, which may be brought in a small claims court where you live or where we are located.
28. Changes to these Terms
28.1 How we change the Terms. We may change these Terms from time to time. We will post the new version on this page and update the "Last updated" date.
28.2 Notice of material changes. If a change is material, we will tell you at least 30 days before it takes effect, by email to the address on your account, by a notice in the Service, or both. We do not need to give advance notice for changes that are required by law, or that only concern new features or services. Those changes take effect when we post them.
28.3 Your choice. If you do not agree to a change, stop using the Service and delete your account before the change takes effect. If you continue to use the Service after a change takes effect, you accept the changed Terms.
28.4 Pending disputes. Changes to these Terms never apply to a Dispute that was already pending, or that we already knew about, before the change took effect. Changes to Section 26 are also covered by Section 26.14.
29. Apple App Store and Google Play
29.1 Apple. If you downloaded the app from the Apple App Store, this Section 29.1 also applies. If it conflicts with anything else in these Terms, this Section 29.1 wins for your use of the app on Apple devices.
- Parties. These Terms are between you and Athlema only, not with Apple Inc. ("Apple"). Athlema, not Apple, is solely responsible for the app and its content.
- License. Your right to use the app is limited to a non-transferable right to use it on Apple-branded products that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may also be used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows it.
- Maintenance and support. Athlema is solely responsible for providing any maintenance and support for the app, as stated in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the app.
- Warranty. Athlema is solely responsible for any product warranties, whether express or implied by law, to the extent they have not been effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind for the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Athlema's responsibility, to the extent these Terms do not limit them.
- Product claims. Athlema, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (a) product liability claims, (b) any claim that the app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar laws.
- Intellectual property claims. If a third party claims that the app, or your possession and use of it, infringes that third party's intellectual property rights, Athlema, not Apple, is solely responsible for investigating, defending, settling and discharging that claim, to the extent these Terms require.
- Legal compliance. You confirm that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) you are not listed on any United States government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the app can be sent to Athlema, Inc. (mailing address available on request at legal@athlema.com), or by email to support@athlema.com.
- Third-party terms. When you use the app, you must comply with any applicable third-party terms, such as your mobile carrier's data service agreement.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right (and will be considered to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
29.2 Google Play. If you downloaded the app from Google Play, these Terms are between you and Athlema only. Google LLC and its affiliates are not parties to these Terms and are not responsible for the app. Your use of Google Play is also subject to Google Play's own terms.
29.3 No in-app purchases. The app does not sell anything through in-app purchase. Registrations for real-world sports programs are paid through Stripe. Athlema+ is sold on athlema.com, as explained in Section 10.10.
30. General
30.1 Entire agreement. These Terms, together with the policies and terms they refer to, are the entire agreement between you and Athlema about the Service. They replace any earlier agreements about the same subject.
30.2 Assignment. You may not assign or transfer these Terms or your rights under them without our written consent. We may assign or transfer these Terms, for example as part of a merger, acquisition or sale of assets, or to an affiliate. These Terms bind and benefit each party's permitted successors.
30.3 No waiver. If we do not enforce a part of these Terms, that does not mean we give up the right to enforce it later.
30.4 Severability. If a court or arbitrator finds any part of these Terms unenforceable, that part will be enforced to the maximum extent allowed, and the rest of these Terms will still apply, except as Section 26.13 states for Section 26.
30.5 Events outside our control. We are not responsible for any delay or failure to perform caused by events outside our reasonable control, such as natural disasters, severe weather, epidemics, war, terrorism, civil unrest, strikes, government actions, utility or internet failures, or failures of third-party services.
30.6 Notices. We may give you notices by email to the address on your account or in the Service. A notice is given when we send the email or post it in the Service. Legal notices to us must be sent to legal@athlema.com. Email is enough; once we publish a mailing address, a mailed copy to Athlema, Inc., Attn: Legal (mailing address available on request at legal@athlema.com) is optional. A notice to us is given when the email arrives.
30.7 Relationship. You and Athlema are independent. These Terms do not create a partnership, joint venture, employment or agency relationship between you and Athlema. Athlema's limited role as a payment collection agent for organizers is described in Section 6.2.
30.8 No other beneficiaries. Except as stated in Section 29.1 for Apple, these Terms do not give any right to anyone other than you and Athlema.
30.9 Headings and examples. Headings and "The short version" box are for convenience only and do not affect the meaning of these Terms. Words like "including" and "for example" mean "including without limitation".
30.10 Language. These Terms are written in English. If we provide a translation, the English version governs if there is any conflict.
30.11 Export. You must comply with all United States export control and sanctions laws that apply to your use of the Service and the app.
31. Contact us
Athlema, Inc. (mailing address available on request at legal@athlema.com)
- Legal notices and arbitration opt-out: legal@athlema.com
- Help, reports and questions about these Terms: support@athlema.com
- Privacy requests: privacy@athlema.com
- Copyright notices: copyright@athlema.com
- Contact form: athlema.com/contact
See all of Athlema’s policies on the Legal page.