Terms & Conditions
Welcome to Off-Season!
Off-Season is owned and operated by Off-Season Games, LLC
Support Email: support@offseason.pro
Phone: 313-367-5809
Mailing Address: 17910 Van Dyke St. Detroit, MI 48234, USA
These are the terms and conditions for:
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Off-Season App (iOS version - Available on App Store)
By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the word "platform" refers to the Offseason App and website as a whole, "we", "us", "our" and "Offseason" refer to Offseason, and "you" and "user" refer to you, the Offseason user. The words "match" and "game" refer to the events hosted on the platform.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Offseason accessible via desktop, mobile, tablet, social media, or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Offseason. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue the use of the service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to these terms and conditions when you use Plei after any such modification is posted; it is, therefore, important that you review this Agreement regularly.
The use and registration on the platform are not allowed for children under 13 years of age. In the case of minors under the age of 18 and over the age of 13, it is the responsibility of the parents and legal guardians to determine whether the use of the platform or any of the content and functionality available on the platform is appropriate for their child or minor in custody. Parents must obtain written permission from Offseason before their minor child can participate in any of our games. Parents can reach out to the Offseason team using our contact information provided. If written authorization is granted by Offseason, Parents or legal guardians will be responsible for accompanying their children under the age of 18 to matches scheduled through the platform.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Offseason may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By registering and using the platform, you represent and warrant that you have the full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. ACCOUNT
When registering with Offseason, the user must use their phone number to authenticate their identity and provide the following information:
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Name
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Email
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Date of birth
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Gender
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Nationality
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Skill Level
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Profile picture
You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to immediately notify Offseason of any unauthorized use of your account or any other breach of security. You may never use another user's account without Offseason's prior authorization. Offseason will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason by sending us their request through our contact details. Please note that users may delete the user account at any time but Offseason may retain and share the data provided by the user through their account for the sole and exclusive purpose of providing the optimal functioning of the platform and in accordance with our privacy policy.
Offseason reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Offseason believes that you have breached any of these terms, furnished Offseason with false or misleading information, or interfered with the use of the platform or the service by others.
3. NOTIFICATIONS AND NEWSLETTER
By providing Offseason with your email address and phone number, you agree that we may use your email address to send you notifications about matches, important communications about our services, news, and special content. We may also use your phone number to send you notifications via SMS messages, push notifications, and other messages related to matches offered through the platform, news, and relevant communications or content. If you do not wish to receive these emails, SMS messages, or push notifications, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails, or by replying with the word "PAUSE" to SMS messages. Opting out may prevent you from receiving match-related emails, SMS messages, and push notifications.
4. Offseason
Offseason is a platform that allows users to join matches organized based on the availability of sports or gym facilities available on our platform. Users will be able to connect and meet other users with the same purpose of playing sports and join matches organized by Offseason on the sport facilities available on the platform. Users will be notified of matches via email, text messages, and push notifications.
In order to join the matches available on the platform, the user must provide and register their payment information on the platform. Once the user provides and registers the payment information, the user will be able to join the matches available on the platform. The user will be able to join the matches available on the platform and in most cases no fee will be charged until the match is confirmed by Plei and the match is 5 hours or earlier before the match. In some cases the game fee will be charged with more than 5 hours before game time. In these cases Plei will notify the user. In most cases Plei will not confirm the matches and charge the user for the match until a sufficient number of users or players sign up for the match and there are 5 hours or less before the scheduled match time. In some cases Plei will confirm the matches and charge users for the match more than 5 hours before the scheduled match time. In these cases Plei will notify the users.
Once the match reaches a sufficient number of registered players/users, Offseason will confirm the match. In most cases with 5 hours or less before the scheduled and confirmed match time, Offseason will charge each user through the payment information provided by the user. In some cases Offseason will charge each user through the payment information provided by the user with more than 5 hours before the scheduled and confirmed match time. In these cases Offseason will notify the users. If the match does not reach the number of players before the scheduled match time, the match will be canceled and any fees charged to users will be refunded or saved as future game credits.
5. CANCELLATION POLICY
In the event that a user is unable to attend a confirmed match and requests cancellation, the following rules will apply:
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If the user cancels prior to 5 hours before the scheduled time of the match and a fee was charged, the user may receive a refund or a game credit equal to the fee they paid for that match.
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If the user requests cancellation in the time that is between less than 5 hours prior to the scheduled match and more than 3 hours prior to the scheduled match, the corresponding charge will be made and the user will receive a game credit, equal to the fee they paid for that match, to be used in a future match, only if a replacement for the user or player is available. If Offseason is unable to find a replacement for the user requesting the cancellation, no credit will be issued.
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If the user requests cancellation 3 hours or less prior to the scheduled match time, no refund will be issued. No exceptions.
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If the user has registered to a match, does not show up to the match, and does not notify Offseason prior to the start of the match, there will be a $5 no-show fee charge.
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The user may request the cancellation of the match for which the user is registered, through the user's account on the platform.
6. PAYMENTS
Payment for joining or registering for confirmed matches will be made through Braintree (payment platform available on Plei). The charge will depend on the rate offered on the platform for each match. Please check the fees for each match before registering and joining a match. In most cases the payment will be charged to the user's credit/debit card 5 hours or less before the scheduled match time, only if the match is already confirmed. In some cases Offseason will charge each user more than 5 hours before the scheduled and confirmed match time. In these cases Offseason will notify the users. Users can request a receipt for the games they join and participate in by contacting Offseason through our contact information or contact form.
If you find any inconsistency in your billing, please contact us through our contact information or contact form.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed. Your reservation will not be confirmed until your payment is successfully processed.
Your payment data will be treated and kept with total security and with the exclusive purpose of processing transactions within the platform. Offseason reserves the right to contract any payment platform available in the market, which treats your data with the exclusive purpose of processing transactions within the platform.
7. DISCLAIMER
Offseason's services are limited solely and exclusively to providing the platform for creating games and allowing users to register and join such games only. Plei is at no time responsible for the realization and development of such games. The realization, assistance, and development of the games on the sites established during the registration of the games through the platform is the sole and exclusive responsibility of the users.
Disputes arising between users will be resolved by the users themselves. Offseason does not accept any claims in relation to the games programmed or created on the platform nor for the development or performance of such games.
Offseason is not responsible for damage to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults, and slander that may be caused to a natural person as a result of communications established through the platform. Communications and relationships established between users as a result of any connection within the platform are the sole responsibility of the users.
In the event that one or more users or any third party initiate any type of claim or legal action against Offseason or other users, any and all users involved in such claims or actions release Offseason from any liability.
By visiting the platform, you accept personal responsibility for the results of the use of the information and content available on the platform. You agree that Offseason does not guarantee the results of actions advised or not advised by this platform and the content available on the platform. Offseason provides the resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the platform will be the result of your own efforts, your particular situation, and a variety of other circumstances beyond Offseason's control. This disclaimer is not intended to exclude any warranty implied by law that cannot be lawfully excluded.
8. ASSUMPTION OF RISK
Users represent and warrant that they understand that sports can be a risky activity involving significant physical exertion and constant physical contact with other players. Users understand that injury (including death) or property damage may occasionally occur and that by joining and participating in matches users assume any risk associated with participating in soccer matches scheduled through the platform.
Users agree to follow and abide by all rules established by Offseason and the establishments where matches are scheduled and held and agree to participate and play the matches in a safe manner, using appropriate safety equipment to protect their own safety. It is the responsibility of the users themselves to have their own safety equipment during matches.
9. MEDICAL TREATMENT
Users joining or participating in matches declare and certify that they are physically fit to practice and play soccer. The physical safety of users is the sole and exclusive responsibility of each user. In case of suffering any injury or accident while participating in the games, the user consents to any medical treatment deemed appropriate.
10. PROHIBITED CONDUCTS
The following conducts in the use of the platform or during the matches are strictly forbidden:
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Harassment, threats, or any inappropriate, violent behavior against any user, player, or member of Offseason and the facilities where matches are held.
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Creating or contributing to an uncomfortable, unsafe, discriminatory, threatening, or disruptive environment;
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Sharing offers, advertisements, or proposals unrelated to the scheduling and conduct of matches.
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Impersonate another person or another user or use another user's account without proper authorization.
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Sharing user account data with any third party or encouraging any other user to share their data.
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Allowing third parties not registered on the platform or other users to use the credits of the legitimate user under your user account.
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Falsify any information issued by Offseason, including falsifying or removing any copyright or proprietary rights.
11. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts, or other material that is owned by a third party, such as stock images, videos, and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
12. LICENSE TO USE THE PLATFORM
Offseason gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Offseason as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Offseason, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Offseason platform or third parties.
This service prohibits the sending of messages, which: (1) Any type of messages that are categorized as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical, or illegal content (3) Distribute Trojan horses, viruses, or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Are intended to commit fraud, impersonation of others, (7) distribute intellectual property without owning or having a license to distribute such property (8) violate, in any way, the terms of service, privacy policy or rules of this platform or the recipients.
Offseason reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Offseason believes that you have violated any of these terms or interfered with the use of the platform or service by others.
13. COPYRIGHT
All materials on Offseason, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software, and other elements are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Offseason or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Offseason are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Offseason's prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Offseason or any part of the material for any purpose other than its intended purposes is strictly prohibited.
14. COPYRIGHT INFRINGEMENT
Offseason will respond to all inquiries, complaints, and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Offseason respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the platform infringes your copyright or other intellectual property rights, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
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Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
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A statement that specifically identifies the location of the infringing material, in sufficient detail so that Offseason can find it on the platform.
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Your name, address, telephone number, and email address.
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A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
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A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
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An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
15. USER CONTENT
Some features of the platform may allow users to provide information and content. You retain all rights you may have in the content and information you provide through the platform. Offseason is not responsible for the accuracy, security, or legality of the information provided by the user through the platform. You are solely and exclusively responsible for your content and information. By providing content and information through the platform, the user grants Offseason a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify user content for the sole purpose of providing the services and functionalities available on the platform.
16. USER CONTENT REPRESENTATIONS AND WARRANTIES
Offseason disclaims all liability in connection with the content of the Businesses. Businesses are solely and exclusively responsible for their content and the consequences of providing content through the platform. By providing and uploading content through the platform, you affirm, represent, and warrant that:
a) You are the owner of the content you provide through the platform or have the necessary licenses, rights, consents, and permissions to authorize Offseason to publish and display your content through the platform.
b) Your user content, and the use of your user content as contemplated by these terms, does not and will not (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Offseason to violate any law or regulation.
c) Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your content may not contain gambling, games, or contests based on chance.
e) Your content does not and will not contain hateful content, the threat of physical harm, or harassment.
17. USER CONTENT DISCLAIMER
Offseason may, at any time and without prior notice, filter, remove, edit, or block any user content that, in our judgment, violates these Terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Offseason reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Offseason decides to monitor content, Offseason continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied, and used in accordance with our privacy policy.
18. PERSONAL DATA
Any personal information you submit in connection with the use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.
19. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, is proprietary to Offseason or licensed to the Offseason by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, or services obtained from or through the platform. In addition, the following activities are prohibited:
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Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Offseason.
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Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
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Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the services.
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Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
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Deep-link to any portion of the services for any purpose without our express written permission.
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"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
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Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Offseason in connection with the services.
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Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict the use or copying of any content.
20. DISCLAIMER OF WARRANTIES
Offseason will provide its services with reasonable skill and care but does not give any guarantees, warranties, or representations in respect of any other person's services.
Because of the nature of the Internet, Offseason provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those websites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Offseason for any loss or damage caused as a result.
Offseason will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war, or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Offseason excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, or consequential loss whether or not such arises out of any problem you notify to Offseason and Offseason shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
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Any incorrect or inaccurate information on the platform.
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The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
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Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances that are beyond our control.
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Any loss of profit wasted expenditure, corruption or destruction of data, or any other loss which does not directly result from something we have done wrong.
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Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data, or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Offseason.
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All representations, warranties, conditions, and other terms which but for this notice would have an effect.
21. THIRD PARTIES
Through your use of the platform and services, you may encounter links to third-party sites or be able to interact with third-party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Offseason provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third-party sites and apps are at your own risk. You expressly acknowledge and agree that Offseason is in no way responsible or liable for any such third-party sites.
22. INDEMNIFICATION
You agree to defend and indemnify Offseason from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
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Your breach of this agreement or the documents referenced herein.
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Your violation of any law or the rights of a third party.
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Your use of the Offseason platform.
23. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users and take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
24. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Offseason without restriction.
25. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Offseason shall constitute the entire agreement between you and Offseason concerning and governs your use of the platform.
26. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Plei, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Offseason may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute, or controversy that may arise in connection with your use of the platform.
The courts of the United States, specifically the courts located in the State of Michigan, shall have jurisdiction over any dispute, controversy, or claim relating to Offseason and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in Michigan.
27. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the Offseason platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
28. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page, the messenger feature in the Offseason App, or via the contact information below:
Support Email: support@offseason.pro
Phone: 313-367-5809
\Mailing address: 17910 Van Dyke St. Detroit, MI 48234, USA