Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".
By accessing and using the Services provided by Varsity Points Inc. d/b/a ASM Sports ("Company," "we," "our," or "us"), You (“Athlete”, “Client”, "User", “You”, “Your”) agree to the following Terms of Service ("Agreement"). This Agreement governs your use of the Company's online platform and Services, including but not limited to, college search tools, direct messaging with coaches, access to college resources, and consultation with Company agents, recruiters, and other employees regarding placement and admissions assistance ("Services").
Please read the Agreement carefully before you start to use our Services.
By using the Services [or by clicking to accept or agree to the Agreement when this option is made available to you], you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not want to agree to this Agreement, you must not access or use our Services.
BY ACCESSING AND USING THE SERVICES, YOU:
ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT; YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; IF UNDER THE AGE OF MAJORITY UNDER APPLICABLE LAW, YOU HAVE OBTAINED PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO USE OUR SERVICES, AND YOU AGREE IF YOU ACCESS OUR SERVICES FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
We may revise and update this Agreement from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Continuing to use the Services following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
You are required to ensure that all persons who access the Services are aware of this Agreement and comply with it. It is a condition of Your use of the Services that all the information you provide on the Services is correct, current, and complete.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET AND DATA SECURITY.
You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
Additionally, you agree not to:
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement permits you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Services or any Services or materials available through the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
We have the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
By providing your email address, phone number, or other contact information ("Contact Information") to the Company, you expressly consent to receive communications from us. This may include being added to our mailing lists and receiving messages (emails, SMS, or other forms) related to sales, marketing, support, customer relations, technical updates, or any other communications from any team member of the Company.
We may use your Contact Information for marketing purposes and to better tailor our services and communications to you. These communications are part of our ongoing effort to enhance user experience and provide excellent customer service.
You may opt out of receiving marketing communications from us at any time. To unsubscribe from emails, follow the unsubscribe link located at the bottom of our email messages. To stop receiving SMS or other types of communications, or to make a Data Subject Access Request (DSAR), please contact us directly at dsar@asmsports.co. Upon receiving your request, we will remove your Contact Information from our marketing lists promptly, in accordance with our Privacy Policy and applicable laws.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND YOUR RIGHTS AND CONSENT TO RECEIVE COMMUNICATIONS AS DESCRIBED ABOVE.
All users are required to follow these Content Submission Standards (“Submission Standards”) for any and all content (text, images, video, audio, etc.) they upload, share, or create on the Services. By submitting content, users agree to comply with these standards as well as any applicable local, national, and international laws.
Users must not upload, share, or create content that:
Extra precautions are taken when content involves minors. Users must:
The Company is committed to maintaining a safe environment. Users are required to report content that violates these Submission Standards. Users can report suspected violations of the Company Submission Standards by sending an email to abuse@asmsports.co. The Company reserves the right to review, flag, modify, or remove any content at any time, without prior notice, at our discretion. Violations may result in temporary or permanent restrictions on content submission, account suspension, or termination of this Agreement.
The Company reserves the right to modify these Submission Standards at any time. Users are encouraged to review these standards periodically to ensure compliance. Continued use of the service after such changes constitutes acceptance of the new standards.
The Company endeavors to provide accurate, up-to-date information through the Services. Despite our efforts, the Company cannot guarantee the reliability or accuracy of such information. We advise You to independently verify any information obtained via the Services before making any decisions based on it.
While the Company provides assistance with college placements and admissions, it does not warrant or guarantee success in securing placements or admissions to any college, university, or other institutions. Decisions regarding admissions are the sole prerogative of the respective college, university, and other institution (“Institutions”).
The Company provides personalized support and guidance throughout the athletic recruitment process. You acknowledge that success in recruitment and placement at a college, university, or other institution depends on numerous factors, including but not limited to, Your individual abilities, academic and athletic performance, the requirements of Institutions and applicable local, state, federal, and international law.
The Company acts as an intermediary, offering advice and assistance based on the Company’s expertise. However, we do not guarantee specific outcomes, scholarships, admission, or acceptance to Institution programs.
The Company commits to providing a comprehensive, individual assessment of Your athletic abilities ("Assessment"). The Assessment aims to support Your pursuit of collegiate athletic opportunities in the United States and is based on the accuracy and completeness of the information you provide during the Assessment process.
You acknowledge that the Assessment is advisory in nature and does not constitute a guarantee of recruitment success or specific outcomes within the Institution athletic recruitment process. Decisions regarding recruitment, including scholarship offers and institution admission, are influenced by factors beyond the Assessment's scope. The Company disclaims any liability for the decisions made by colleges or the recruitment process's outcome.
You agrees to provide accurate, complete information for the Assessment. The Company is not liable for any inaccuracies in the Assessment results due to incomplete or misleading information provided by You.
The Company's application facilitates direct communication between Users and Institution employees and coaches for recruitment purposes. The Company does not control the responses or decisions of Institution employees and coaches, and disclaims any responsibility for the outcome of such communications.
You are responsible for the content of their communications and must ensure compliance with the standards and regulations of the Company, as well as any relevant athletic organizations. The Company reserves the right to monitor communications to ensure compliance with these terms.
The Company makes no guarantees regarding the results of direct communication with Institution employees and coaches, including specific commitments or recruitment outcomes. You are advised to maintain professionalism and discretion in all communications.
The Company may provide social media promotion Services to enhance the Your online presence. These Services are subject to the Company's discretion and available resources and do not guarantee specific results, such as follower engagement or promotion levels.
The effectiveness of social media promotion is contingent upon various external factors, including social media platform algorithms and audience preferences. The Company is not liable for the performance or outcomes of these promotional efforts.
You retains responsibility for their social media content. The Company disclaims any liability for consequences arising from You's social media activities.
The Company offers guidance and support concerning NCAA or NAIA Clearinghouse (“Clearinghouse”) eligibility requirements. You understand that eligibility for NCAA or NAIA competition is governed by the rules and regulations of the respective organizations and the Company's support is advisory and does not guarantee eligibility or recruitment outcomes.
The Company will assist You in understanding the Clearinghouse registration process. However, the Company is not responsible for academic record evaluations or qualifications for athletic eligibility and disclaims any liability for Your compliance with NCAA or NAIA eligibility criteria.
The Company provides assistance with the registration process for standardized tests such as the SAT, ACT, and language proficiency tests. You acknowledge that registration and participation in these tests are governed by the policies of the respective testing organizations.
The Company's support includes advice on test registration, deadlines, and test center selection. You bear ultimate responsibility for meeting the testing organizations' requirements and any outcomes of the registration process.
The Company supports You in navigating the Institution admissions process, emphasizing the complexity of admissions applications. You understand that the admissions process is subject to the policies and decisions of individual colleges and universities.
You are responsible for the accurate, complete, and timely submission of Your admissions applications. The Company's guidance is advisory and does not guarantee admission outcomes. You must directly liaise with educational institutions to ensure compliance with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) (“FERPA”) and other applicable laws.
The Company provides advice and assistance once You have initiated discussions with Institution employees and coaches regarding potential Institution visits. You acknowledge that visit arrangements, including financial responsibilities, primarily lie with You unless otherwise agreed upon with the Institution.
The Company's role is to offer logistical and etiquette advice for Institution visits. You are responsible for engaging with Institution employees and coaches and adhering to athletic association or other applicable regulations during visits. The Company disclaims liability for visit outcomes or financial obligations.
The Company offers advisory support for tournament scheduling, which is essential for athletic recruitment. You acknowledge that the responsibility for registering for tournaments, coordinating travel, and managing related expenses rests primarily with You.
The Company may provide recommendations on tournament participation; however, all associated costs are Your responsibility. The Company disclaims liability for the availability, scheduling, or outcomes of tournament participation.
Upon successful placement, the Company's role transitions to offering support at its discretion during You's university tenure. You recognize that their academic performance, athletic participation, and personal adjustment are primarily their responsibility.
Any further assistance provided by the Company during Your enrollment at the Institution does not extend to controlling or affecting the day-to-day Institution operations or experiences. The Company disclaims liability for outcomes or experiences during the university tenure.
Should a transfer be necessary, the Company offers support in navigating the university transfer process. You understand that transfer eligibility and opportunities may be affected by the policies of educational institutions and implications on athletic eligibility and scholarship opportunities.
Assistance with the transfer process is contingent upon a new athlete assessment by the Company. You are responsible for initiating the transfer process and meeting all eligibility criteria. The Company disclaims liability for the outcomes of transfer decisions or the new athlete assessment.
The Company facilitates access to personal tutoring services provided by a third-party company. You acknowledge that the tutoring services are governed by the third party's terms and conditions.
The tutoring sessions are non-refundable and have no cash value. You are responsible for adhering to the third-party tutoring service provider policies. The Company disclaims liability for the tutoring service outcomes or any disputes arising from the services provided by the third party.
The Company assists in the process of transcript evaluation for United States college entrance. You acknowledge that the evaluation is subject to the requirements of United States Institutions and evaluators. The Company's role is advisory, and it disclaims liability for the outcomes of transcript evaluations.
The Company advises on selecting reputable translation services for academic transcripts. You are responsible for the choice of translation service and ensuring its acceptability with Institutions. The Company disclaims liability for the translation Services' outcomes.
The Company provides guidance for registering for English proficiency exams. You bear the responsibility for meeting all eligibility and registration requirements. The Company disclaims liability for the registration process's outcomes.
Users are responsible for complying with NCAA, NAIA, CCCAA, NJCAA, and other relevant organizations' rules, regulations, and policies. The Company disclaims liability for non-compliance by You.
You must provide accurate information for all Company Services. The Company relies on this information and is not liable for outcomes based on inaccurate or incomplete information provided by You.
Content provided by You may be used by the Company for promotional purposes, with the understanding that such use does not violate Your rights.
You are required to maintain communication with the Company, inform the Company of direct communications with Institutions, and follow the Company's instructions for the recruitment process. Failure to adhere to these obligations may result in service suspension or termination without a refund.
For your convenience, the Services may provide links or pointers to third-party sites or third-party content. We make no representations about any other services or third-party content that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Our Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Submission Standards set out in this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
By downloading our software, you acknowledge and agree to the Apple App Store End User License Agreement ("EULA"). The terms of the EULA will govern your use of the software and are available at https://www.apple.com/legal/internet-Services/itunes/dev/stdeula/.
By using the ASM Sports mobile application for iOS (“App”), you acknowledge and agree to our EULA as well as the following:
You may be required to purchase or pay a fee to access the Services. We accept Apple Pay, Google Pay, CashApp, Bank Wire, ACH Transfer, Mastercard, Visa, American Express, Discover Card, and other payment methods through our payment processor, Stripe Inc. for all non-subscription purchases. App subscriptions are processed through the Apple App Store and are subject to the Terms and Conditions of Apple Inc. However, the Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at the Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us, our third-party payment processors, our sales tax compliance partners, and applicable local, state, federal, and international laws. We may change prices at any time. All payments shall be in USD.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
If your purchase is subject to recurring charges (“Pay Over Time”), you must keep a valid payment method on file with the Company and our payment processor(s) to pay for all incurred and recurring fees. The Company will charge applicable fees to any valid payment method that you have provided and you will be invoiced automatically as outlined in the order. You authorize such payment of recurring fees without requiring your prior approval for each recurring charge, until you notify us of your cancellation, or the Company terminates in writing in accordance with this Agreement, or until the recurring contract ends, and any and all outstanding fees and charges have been paid in full.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
From time to time, the Company may offer a limited free trial and/or promotional codes for a specified period, which may be subject to additional terms. We have sole discretion to determine your eligibility for trials and/or promotional codes. If you are required to provide payment information in connection with your trial, your first payment will be charged to your chosen payment method following the expiration of the trial, unless earlier terminated in accordance with this Agreement. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
By signing up for and using the Services, you agree to our Payment Terms, which obligate you to pay for the Services you select at the time of signup. The prices for the Services, including any recurring subscription fees, Pay Over Time fees, one-time charges, and any other fees associated with the Services you select, will be disclosed to you at the time of signup. It is your responsibility to review and understand the fees that you will be charged before completing your signup. Your continued use of the Services constitutes your agreement to pay these fees as specified.
We offer a variety of payment plans to accommodate the needs of our users. Depending on the Services you select, you may have the option to pay monthly, quarterly, or annually. Some Services may require payment in advance, while others may allow payment after the Services have been rendered. Details of the payment plans available to you will be provided at the time of signup. It is important that you select a payment plan that suits your financial situation, as failure to make timely payments may result in service interruption or termination.
Unless otherwise stated, all subscriptions to the Services automatically renew for the same period as the original subscription term. You will be notified in advance of any changes to the fees or terms of your subscription. By continuing to use our Services, you authorize us to charge the applicable fees to the payment method on file for the renewal term.
If we do not receive payment from you by the due date, we reserve the right to suspend or terminate your access to the Services immediately and without notice. Termination of the Services for non-payment could result in a loss of access to and use of your account and its content.
If your account becomes severely delinquent, we reserve the right to refer your account to a third-party collection agency. You agree to reimburse us for any costs we incur in collecting any late payments from you, including reasonable attorneys' fees, collection agency fees, and any other costs associated with collecting the payment. You understand and agree that failure to pay may affect your credit score and that we reserve the right to report severely delinquent accounts to credit reporting agencies.
We reserve the right to modify our Payment Terms at any time. If we make changes that affect your existing service, we will notify you in advance via email or through a notification within the Services. Your continued use of the Services after the changes have taken effect signifies your agreement to the new terms.
If you have any questions or concerns about your bill, please contact our customer service team at billing@asmsports.co. We are committed to providing clear and straightforward billing information and will work with you to resolve any billing issues you may encounter.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE PAYMENT TERMS.
The Company hereby outlines the terms and conditions governing its refund policy (the "Refund Policy") applicable to You engaging with the Services. This Refund Policy is an integral part of this Agreement.
If, within a period of forty-five (45) days prior to the commencement of your Institution enrollment date, no expressions of interest ("Institution Interest") are received from Institution employees and coaches, or representatives, You may be eligible for a partial or full refund. For clarity, “Institution Interest" refers to preliminary expressions of interest from Institution employees and coaches, and does not constitute a guarantee of any formal offer of placement.
The Company does not guarantee the receipt of a specific monetary amount, nor does it assure placement within a specific athletic division. The scope of the Company Services is limited to facilitating introductions and connections between You and Institution employees and coaches.
The Company commits to facilitating at least one connection between You and an Institution employee or coach not less than forty-five (45) days before Your Institution enrollment date begins. Such facilitation entails the Company introducing the You to an Institution employee or coach in an effort to aid in Your recruitment process.
Clients meeting the aforementioned eligibility criteria may receive a fifty percent (50%) refund of the price paid for the Services, subject to the following conditions:
Only Clients who have paid the full price for the Services, without any discounts, and who do not owe any outstanding payments on their membership, shall qualify for a refund.
To be considered for a refund, You must complete Your profile on the Company platform, including but not limited to, a video showcasing Your athletic abilities, athletic statistics, and academic statistics, within a ninety (90)-day period from the date of registering for the Services.
Failure to complete the required profile and provide necessary information within the specified ninety (90)-day period will render You ineligible for a refund. The completion of Your profile is essential for the Company to effectively promote the You to Institution employees and coaches.
REFUNDS WILL NOT BE ISSUED FOR CIRCUMSTANCES BEYOND THE CONTROL OF COMPANY, INCLUDING BUT NOT LIMITED TO:
Failure to secure recruitment opportunities due to factors such as the Athlete's performance, academic standing, or other personal attributes.
Changes in the Athlete's goals or circumstances after the commencement of services with the Company. While the Company acknowledges the fluid nature of decisions related to Institution attendance, refunds will not be granted if the Athlete changes their mind about attending and Institution.
Clients attending an Institution outside the United States are explicitly deemed ineligible for refunds. This policy is implemented to maintain uniformity and impartiality in our refund considerations.
Refunds will not be entertained for clients experiencing personal injury or medical conditions that may impede their athletic pursuits.
Should you engage the services of a competing entity during the term of this agreement, no refunds shall be issued. This condition is based on the potential negative impact that such competing services may have on our recruitment processes and the efficacy of the services provided under this agreement.
Refunds are categorically excluded for memberships purchased at a discounted rate. Clients who elect such discounted memberships shall not be eligible for refunds under any circumstances.
The Company acknowledges that decisions made by embassies are beyond its control and are not subject to influence by the Company. International students are advised to independently familiarize themselves with and adhere to embassy procedures.
The Company disclaims liability for generating interest from Institution employees and coaches based on Athlete budget limitations or specific collegiate athletic divisions. You acknowledge that the Company's responsibilities are confined to the Services explicitly outlined in this agreement. Considerations regarding budget or collegiate athletic divisions shall not entitle You to a refund.
THIS REFUND POLICY DOES NOT SUPERSEDE ANY RIGHTS OR REMEDIES THAT MAY BE AVAILABLE UNDER APPLICABLE LAW BUT IS INTENDED TO CLARIFY THE CIRCUMSTANCES UNDER WHICH THE COMPANY MAY PROVIDE REFUNDS FOR THE SERVICES.
THE COMPANY RESERVES THE RIGHT TO MODIFY OR AMEND THIS REFUND POLICY AT ANY TIME WITHOUT PRIOR NOTICE. YOU ARE ENCOURAGED TO REVIEW THE REFUND POLICY PERIODICALLY TO ENSURE THEY ARE INFORMED OF ANY CHANGES.
REFUNDS, IF ANY, WILL BE PROCESSED IN ACCORDANCE WITH THE COMPANY’S OPERATIONAL PROCEDURES AND MAY BE SUBJECT TO DEDUCTIONS OR ADJUSTMENTS AS DEEMED APPROPRIATE BY THE COMPANY.
BY ENGAGING WITH THE COMPANY, CLIENTS ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS REFUND POLICY AS PART OF THEIR AGREEMENT WITH THE COMPANY.
You are required to submit a formal refund request in writing to the Company. The request must include a detailed explanation of the reason for the refund and any pertinent supporting documentation.
Upon receipt of a refund request, the Company shall assess the request and determine its eligibility within fourteen (14) business days. The decision of the Company regarding the refund request shall be final and binding.
Should the Company approve a refund request, the Company will initiate the refund process within thirty (30) business days. Efforts will be made to issue refunds using the original method of payment. Alternative methods may be employed at the Company's discretion on a case-by-case basis.
You may terminate your subscription exclusively through the platform provider (Apple App Store or Google Play Store). The Company does not facilitate direct cancellation of subscriptions and is unable to issue refunds for subscriptions.
Subscriptions are non-refundable, do not possess monetary value (that is, they are not a cash account or equivalent), and confer only a non-exclusive, revocable, non-assignable, and non-transferable right to use the subscription.
The transfer, sale, purchase, bartering, or trading of subscriptions is prohibited. Any attempt to do so will be considered null and void. Except as mandated by applicable law, the Company shall not be obligated to provide refunds or credits for any subscriptions that are modified, suspended, or terminated.
At Company’s sole discretion, it may require you to submit any disputes arising from this Agreement or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. (If multiple jurisdictions, under applicable laws).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN 2 YEAR(S) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES, THEIR CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE Services OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE Services WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Services OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, GOODS, DIGITAL PRODUCTS, AND/OR INFORMATION WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS BEFORE THE CLAIM WAS MADE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE COMPANY’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement or your use of the Services including, but not limited to, third-party sites and content, any use of the Services's content and the Services other than as expressly authorized in this Agreement or any use of any goods, digital products and information purchased from the Services.
Your provision of personal information through the Services is governed by our privacy policy located at https://www.asmsports.co/privacy (the "Privacy Policy").
The Services and this Agreement will be governed by and construed in accordance with the laws of the State of Florida and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to the Services and/or under this Agreement will be instituted in the courts of the State of Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement constitute the entire and only Agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of the Company.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under this Agreement, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to ASM Sports, 1700 Palm Beach Lakes Blvd, Suite 700, West Palm Beach, FL, 33401, US. We may update the address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of the Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.
The ASM Sports Services, mobile applications, and data Services are operated by Varsity Points Inc. d/b/a ASM Sports, 1700 Palm Beach Lakes Blvd, Suite 700, West Palm Beach, FL, 33401, US, +1 561 231 7197.
SHOULD YOU BECOME AWARE OF MISUSE OF THE SERVICES INCLUDING LIBELOUS OR DEFAMATORY CONDUCT, YOU MUST REPORT IT TO THE COMPANY. ALL REPORTS OF MISUSE AND OTHER FEEDBACK, COMMENTS, REQUESTS FOR TECHNICAL SUPPORT, AND OTHER COMMUNICATIONS RELATING TO THE SERVICES SHOULD BE DIRECTED TO TERMS@ASMSPORTS.CO.
Don’t have an iPhone?
While we work on our Android app, you can still work with the ASM Sports team of dedicated recruiters. Click here to request a consultation.
