Last updated: January 2020

Welcome to www.teamgenius.com.

This website is operated by TeamGenius Systems, Inc (“we,” “us,” “our,” or “TeamGenius”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our websites or other services offered at www.teamgenius.com and app.teamgenius.com (“Sites”) or through our mobile application (collectively, our “System”). By accessing or using the System you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms then you do not have permission to access the System. We may revise and update these Terms and Conditions from time to time, will mark new versions with a corresponding effective date, and will post any updates to the Terms on our Sites. Your continued use of our Sites or System, or any other service provided through www.teamgenius.com and app.teamgenius.com, means that you accept and agree to the modified Terms and Conditions.

Account Registration Teams, leagues, associations, other organizations or entities and their representatives (“Organization(s)”), must create an account to access certain features of our System. If you open a TeamGenius account on behalf of a company, Organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and our Privacy Policy (and to any related agreements, such as order forms, which you agree to on its behalf), and that you agree to this Agreement on the entity’s behalf. When you create an account with us, you guarantee that you are over the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Our System is not directed to children under 13. The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before using personal information from children under 13. If you are an Organization, you certify that you have obtained verifiable parental consent from the parent or guardian prior to inputting information about a child into our System. You further certify that you will not permit or request that children under 13 submit information to our System directly.

Communications Visiting the Sites, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Free Trial TeamGenius may, at its sole discretion, offer a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by TeamGenius until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, TeamGenius reserves the right to (a) modify the terms and conditions of the Free Trial offer, or (b) cancel such Free Trial offer.

Intellectual Property The System and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of TeamGenius and its licensors. The System is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TeamGenius. You are granted a non-exclusive, non-transferable, revocable license to access and use www.teamgenius.com, app.teamgenius.com, and the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.

User Content Our System allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the System, including its legality, reliability, and appropriateness. By posting Content on or through the System, You represent and warrant that: (a) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (b) that the posting of your Content on or through the System does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain all rights to any Content you submit, post or display on or through the System and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the System. However, by posting Content using the System you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the System. TeamGenius has the right but not the obligation to monitor and edit all Content provided by users.

Digital Millennium Copyright Act Policy Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the System infringes on the intellectual property of a third party, you may send it to info@teamgenius.com. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the System that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Links to Other Web Sites Our System may contain links to third party web sites or services that are not owned or controlled by TeamGenius. TeamGenius has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. You acknowledge and agree that TeamGenius shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

Termination We may terminate or suspend your account and bar access to the System immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the System. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification You agree to defend, indemnify and hold harmless TeamGenius and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use of and access to the System, by you or any person using your account and password; (b) your breach of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations; or (c) Content posted on the System. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEAMGENIUS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OR PERFORMANCE OF THE SYSTEM; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SYSTEM; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SYSTEM; (D) ANY CONTENT OBTAINED FROM THE SYSTEM; OR (E) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Disclaimer TEAMGENIUS SYSTEMS, INC. AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. TeamGenius, its subsidiaries, affiliates, and its licensors do not warrant that (a) the System will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the System is free of viruses or other harmful components; or (d) the results of using the System will meet your requirements.

Governing Law These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our System, and supersede and replace any prior agreements we might have had between us regarding the System.

Contacting Us If you have any questions about these Terms, please contact us at: TeamGenius.com 25533 Heritage Lane Wyoming, MN 55092 United States info@teamgenius.com