DICK'S SPORTING GOODS, INC.
TSHQ LICENSE AGREEMENT
DICK'S Sporting Goods, Inc. and its affiliates (collectively, DICK'S, us, our, or we) provide you with access to DICK'S proprietary organized sports services technology enabled platform and applications (the Service). Access to the Service is conditioned on your compliance with these terms and conditions of this License Agreement (this TSHQ License Agreement). If you are using the Services on behalf of an Organization, you as used herein, includes the Organization. As used herein Organization means a national, state or local sports governing body, league, club, team, or other organization including but not limited to those who host and/or conduct tournaments or other events.
Except for those rights and licenses expressly granted by DICK'S to you, DICK'S does not grant you any other express or implied right(s). DICK'S and all other names, logos, and icons identifying DICK'S products and services are proprietary marks of DICK'S and its affiliates and licensors, and any use of such marks without the express written permission of DICK'S is strictly prohibited. Other product and company names mentioned on the Service may be the marks of their respective owners.
You acknowledge and agrees that the Service is offered as is with no warranty or guarantee of accuracy, completeness, or suitability for use by any individual.
DICK'S is not responsible for the Organization administration and/or (e.g., coaching decisions, team selections, Organization refund policies, Organization terms, etc.). All questions and issues with Organization administration and policies should be directed to the Organization.
2. Availability. The Services shall be available to you, upon your agreement to the Agreements, including this TSHQ License Agreement and such other terms and conditions as DICK'S may require. DICK'S may terminate your access to the Services if you or the Licensee breach any of the Agreements or for any other reason in DICK'S sole and exclusive discretion.
3. Your Obligations and Your Consent. You will use the Services pursuant to the Agreements. You are solely responsible for ensuring that you secure your User Identity and do not share your User Identity with others. DICK'S will assume that any person using the Service under a given User Identity is the individual associated with such User Identity in DICK'S records and will grant access to data, records and other information and capabilities accordingly. Using, or permitting the use of, the Service under User Identities not actually assigned to a particular individual is prohibited. You agree that the Service will be used solely for the purposes and functions contemplated in the Agreements and you shall refrain from using the Service for any other Prohibited Conduct. Prohibited Conduct shall include, but is not limited to, using or permitting the use of the Service other than those expressly authorized, permitting or facilitating use of the Services by any party other than you, sublicensing, timesharing, renting, providing service bureau services based on the Services, permitting or facilitating third parties in evaluating the Services, and tampering with or attempting to access other user accounts or information of other users.
You represent and warrant that all User Data that is provided by you or on your behalf, or uploaded, stored, processed, contained included and/or integrated into the Services by you or on your behalf has been collected in accordance with applicable laws and with your full consent. You hereby consent to DICK'S use of the User Data as provided herein. If any of the User Data uploaded, stored, processed, contained included and/or integrated in the Services relates to children under the age of 13 (Child Users), you represent and warrant that prior to you providing such User Data to DICK'S, you, as the parent or guardian of such Child User, consent to: (i) send or store such Child User User Data in the Services, and (ii) to permit DICK'S to exercise its rights hereunder and under the Agreements with respect to such Child User. If you are not the parent or guardian of such Child User, you represent and warrant that you have obtained verifiable consent of the parent or guardian of such Child User to use the Child User User Data as provided herein. You shall provide copies of such consents to DICK'S upon request. In the event any such Child User (or the parent or guardian thereof) elects to withdraw such consent, you shall promptly notify DICK'S and DICK'S shall remove the Child User User Data from the Services. If such express consent is not provided you shall not send or store such Child Users User Data in the Services; and if you previously sent or stored Child Users User Data without such express consent, you shall immediately notify DICK'S and immediately remove any applicable User Data from the Services until you obtain such required express consent.
You are responsible for all internet, communication, device and other equipment, and any other costs associated with the use of the Service. Use of the Service may impact your cellular data usage or other data plan.
Warranties and Limitation of Liability. ALL SERVICES PROVIDED BY DICK'S ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. DICK'S DISCLAIMS AND YOU HEREBY WAIVES ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AVAILABILITY, TITLE, NONINFRINGEMENT, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE, ANY WARRANTY OF COMPATIBILITY, OR ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE SERVICE. DICK'S WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES RELATED TO YOUR USE OF THE SERVICES. DICK'S SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTIES NOR DEEMED TO BE IN DEFAULT OF THIS TSHQ LICENSE AGREEMENT, ON ACCOUNT OF ANY DELAYS, ERRORS, MALFUNCTIONS, COMPATIBILITY PROBLEMS OR BREAKDOWNS WITH RESPECT TO THE SERVICE, DICK'S EQUIPMENT, DATA OR SERVICES PROVIDED HEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASES OF INTENTIONAL MISCONDUCT, IN NO EVENT WILL DICK'S AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TSHQ LICENSE TERMS, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DICK'S OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6. Indemnification.You shall indemnify, defend and hold harmless DICK'S, its past and present directors, affiliates, partners, officers, employees and agents from and against all liabilities, damages and expenses, claims for damages, suits, proceedings, recoveries, judgments or executions (including but not limited to litigation costs, expenses, and reasonable attorneys' fees) which may be suffered by, accrued against, charged to or recoverable from DICK'S, its past and present directors, affiliates, partners, officers, employees or agents by reason of or in connection with your use of the Service, your performance or failure to perform, as a result of your prohibited conduct, or improper performance of any of your obligations, including without limitation your breach of any applicable laws, rules, regulations or statutes in the use of the Service.
7. Modifications. DICK'S retains the right, in its sole discretion, to enhance, modify or alter the Service at any time (DICK'S Modifications). It shall be in DICK'S sole discretion to determine which DICK'S Modifications you receive.
8. Payment, Cancellation and Refund.
(a) Registration Services. This subsection applies to our Organization registration Services (such as Blue Sombrero):
(i) Organization. Unless you have set up your own third party merchant, all payments will be processed via the Service will be held by DICK'S. DICK'S will transfer registration fees collected by DICK'S to the designated Organization account every week through Automated Clearing House (ACH). Around the same time as such transfer, DICK'S will debit the payment processing fees by ACH transfer from your account. All processing fees debited by DICK'S are non-refundable.
(ii) Individual User. If you make a registration payment or other payment to an Organization via the Service, you agree that the transaction is solely between you and that Organization and any refund requests, including without limitation in the case of incorrect charges, must be made directly to the Organization.
(b) Subscription Services. Any fees to register to access subscription based Services (such as GameChanger) shall be paid through third party payment systems or app-stores utilized by DICK'S. All fees paid for the Services are non-refundable, regardless of whether or not you actually use the Services. You are responsible for paying all applicable taxes for the Services and any other costs incurred in connection with the use of or access to the Services. If you register for a recurring subscription, you will continue to be charged for the Services until you cancel the Services. You may cancel a recurring subscription at any time by emailing email@example.com. Include the name and email address associated with your account. Some cancellations may require you to contact the third party app-store where you registered for the recurring subscription. Cancellation of your subscription will not release you from your responsibility to pay all charges incurred prior to cancellation. DICK'S reserves the right to issue refunds or credits in its sole discretion. If DICK'S issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. All questions and requests related to the Services shall be submitted to firstname.lastname@example.org and 1-844-374-TSHQ.
(c) Fanwear and Uniforms. Returns or refunds are not offered on customized fanwear or uniforms, or other Special Order items.
(d) General Products. DICK'S Sporting Goods items will be returned or refunded in accordance with the Refund policy found at http://www.dickssportinggoods.com/s/return-policy.