PrepHero Terms of Service
This web page represents a legal document that serves as the Terms of Service (Agreement) for our website, www.PrepHero.com (Website), as owned and operated by PrepHero, Inc. (PrepHero). It was last updated on November 21, 2016.
We may amend our Legal Terms at any time without specific notice to you. The latest version will be posted on our Website and will be effective as of the date last updated. After any revisions to our Legal Terms are posted, you agree to be bound to any changes made. You should visit this page periodically to review the Agreement.
If you do not accept our Legal Terms, you should not access our Website/Service. If you have already accessed our Website/Service and do not accept our Legal Terms, you should immediately discontinue use of our Website/Service.
The terms “us” or “we” or “our” refers to PrepHero , the owner of this Website.
A “Visitor” is someone who merely browses our Website.
A “Member” is an individual that has registered with our Website to use our Service. We may refer to Members who host Groups as “Hosts” and Members who participate in Groups as either Parents or Athletes, depending on their age. A Member can create a “Profile”, which is an online representation of the Member.
A “Group” is an online representation of an organization, club, league, etc. created by a Host where Parents and Athletes can interact with the Group. A Host may also offer camps, tournaments, training, classes, or other events (collectively, “Events”) for Parents and/or Athletes to attend.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, are collectively known as our “Content”. We may refer to Content provided by our Members as “Member Content.” When we refer to our Website/Service, our Content is included by reference.
Understanding Our Service
PrepHero provides a service (Service) through which Members can create Profiles and set up Groups, much like Facebook. We also allow our Members to link their Profiles to their Facebook account. Hosts can setup Groups for Parents and Athletes to join and can create Events for which Parents/Athletes can register and attend. Parents can participate in Groups and interact with Groups, Athletes, and other Parents. Using their Profiles, Athletes can promote themselves, their accomplishments, and interact with Groups, Parents, and other Athletes.
Acceptance of Agreement
Our Legal Terms is between you and PrepHero and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
OUR LEGAL TERMS CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
PrepHero grants you a non-exclusive, non-transferable, revocable license to access and use our Website/Service strictly in accordance with our Legal Terms. Your use of our Website/Service is solely for internal, personal, non-commercial purposes, unless otherwise provided in our Legal Terms. You may not use any print out or electronic version of any part of our Website/Service in any litigation or arbitration matter under any circumstances.
Our Relationship to You
In providing our Service to Hosts, Parents, and Athletes, PrepHero is strictly that of a venue or open marketplace and does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and PrepHero or our affiliates.
Eligibility and Registration for Membership
You may view some of our Content without becoming a Member of our Website. However, to use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited.
The Host portion of our Service is intended solely for use by business and educational institutions. By registering as a Host, you are certifying that you represent an actual business or educational institution and have the right to enter into a contract on its behalf.
**As a Member, you certify that you are at least age 13 years of age or older. If you are under the age of 18, you certify that you have your parent’s permission to join our Website and become a Member. **
Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of these Terms of Service. You agree to and to abide by all of the terms and conditions of our Legal Terms. ** PrepHero ** has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you may create a password that will allow you to access our Service. You agree to maintain the confidentiality of any such password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security regarding your account or information. You agree that PrepHero shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Hosts, Groups, and Events
Our Service allows Hosts to create Groups and Events. You acknowledge that PrepHero does not have any control over the actions of a Host, how a Group is run, or for any Events that a Host may create. We simply offer a venue to make it easier for Hosts, Parents, and Athletes to come together.
You acknowledge that PrepHero does not have any control over Hosts. THE INCLUSION OF A SPECIFIC HOST IN OUR SERVICE DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY PrepHero OF SUCH HOST AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE HOST OR ANY EVENT PROVIDED BY THEM.
PrepHero is NOT liable to either the Host, Parent, or Athlete for any Event in any fashion, including but not limited to, the content of the Event, whether the Event occurs or is canceled, legal claims should an Athlete get injured at an Event, the fees charged by the Host for participation in an Event (Event Fees), or refunds of Event Fees.
As a Host, you have sole control over a Group. The Group can be open to all to join or by invitation only. As a Host, you are solely responsible for and control all aspects of an Event, including, not limited to its content, signups of Parents/Athletes, and any Event Fees charged. You agree that any Event you post must clearly state the nature of the Event, any requirements for attending (i.e. age or year in school), cancellation policies, and the Event Fees. PrepHero suggests that you require Athletes to sign an athletic injury waiver (Waiver). Our Service allows you to post your own Waiver as part of an Event or to use our generic Waiver. PrepHero has no liability for your use or non-use of a Waiver, whether you use yours or ours. YOU ARE SOLELY RESPONSIBLE FOR COLLECTING SIGNED WAIVERS; THE COLLECTION OF WAIVERS IS NOT PART OF OUR SERVICE. You are liable for any lawsuit filed by a Parent/Athlete regarding an Event or such Parent/Athlete’s participation in it. As part of our Service, we will collect Event Fees on your behalf through our Service and forward them to you, less our processing fees. However, you are solely responsible for all refunds, cancellations, and other payment issues with a Parent/Athlete. Our processing fees are NONREFUNDABLE.
As a Parent/Athlete, you may signup for a Group if it is an open Group or if invited to do so by a Host. Hosts have sole control over who can join and remain within a Group; you acknowledge that we have no liability for your exclusion, explusion, or participation in a Group. You may also signup for Events offered by a Host through our Service. You acknowledge that you will be required to make payment of corresponding Event Fees through our Service. You acknowledge that we will NOT provide you with any refund of Event Fees. You acknowledge that if you have any issues with cancellations, refunds, or other such situations regarding a Host or Event, any claim or resolution thereof is strictly between you and the Host.
Digital Millennium Copyright Act Compliance
PrepHero adheres to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PrepHero will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Our Website/Service may offer the ability for you to post your own Member Content. You understand that by using our Website/Service, you may be exposed to Content that is offensive, indecent, or objectionable. We have no control over Member Content provided by Members and do not in any way guarantee the quality, accuracy or integrity of such Member Content. PrepHero is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, PrepHero will submit all necessary information to the proper authorities.
If your Member Content is reported to PrepHero as being offensive or appropriate, we may ask you to retract or otherwise modify the questionable content within 24 hours of being notified by PrepHero. Should you fail to comply with such a request, PrepHero has full authority to either restrict your ability to post OR to immediately terminate your account without further notification to you. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates our Legal Terms or is otherwise objectionable in our sole discretion.
You agree not to use our Website/Service to do any of the following:
1) upload, post or otherwise transmit any Member Content that:
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website/Service.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of PrepHero , is objectionable or which restricts or inhibits any other person from using or enjoying our Website/Service, or which may expose PrepHero , our affiliates, or our Users to any harm or liability of any type.
2) use our Content to:
- develop a competing website or help anyone else to do the same.
- create compilations or derivative works as defined under United States copyright laws.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer our Website, Service, and any related software.
- use our Website/Service in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3) use your account to:
- allow another person to login as you.
- violate any local, state, federal, or international laws.
Our Website/Service may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website/Service does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the correspondingservice mark/trademark owner. Our Website/Service, is also protected under United States and International copyrights. The copying, redistribution, use or publication by you of any portion of our Website/Service is strictly prohibited. Your use of our Website/Service does not grant you ownership rights of any kind.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links for any website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. PrepHero has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
PrepHero reserves the right to change any and all Content and features of our Website/Service, at any time without notice. Our Website/Service may be temporarily unavailable from time to time for maintenance or other reasons. PrepHero assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. PrepHero is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website/Service. Under no circumstances will PrepHero be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website/Service, or for any interactions between Users of our Website/Service, whether online or offline.
OUR WEBSITE/SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE/SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PrepHero , INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE/SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. PrepHero CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE/SERVICE. PrepHero DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE/SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE/SERVICE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE/SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PrepHero. OUR WEBSITE/SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Limitation of Liability
PrepHero , as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website/Service; (b) the unavailability or interruption of our Website/Service; (c) your use of our Website/Service; (d) any delay or failure in performance of our Website/Service; or (e) your participation in any Event.
PrepHero AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PrepHero AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE/SERVICE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL PrepHero OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE/SERVICE OR PARTICIPATION IN ANY EVENT, EVEN IF PrepHero IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PrepHero’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE TRANSACTION GIVING RISE TO THE LIABILITY.
Certain aspects of our Service require you to pay for their use. You represent and warrant that when you make any payments to PrepHero for use of our Service:
- You agree to pay the fees at our then-current prices as posted on our Website, including any applicable taxes
- You agree to provide true and complete credit information;
- You agree that fee will be honored by your bank or credit card company; AND
- You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
PrepHero has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with our Service. However, if you start a charge-back process regarding our Service with your bank or credit card company, PrepHero reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use our Service and you will be liable for any administrative costs we incur in processing the charge-back.
PrepHero does not offer any refunds for our Service.
Use of Information and Member Content
You agree to indemnify, defend and hold harmless PrepHero and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website/Service.
Termination of Your Account
You acknowledge that if you violate the terms of our Legal Terms, PrepHero reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website/Service.
Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Illinois, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
Our Legal Terms shall be treated as though it were executed and performed in Chicago, Illinois, United States, and shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website/Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website/Service conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of PrepHero under our Legal Terms shall survive the termination of our Legal Terms.