Terms
These iGotNext Terms of Use (together with the iGotNext Privacy Policy and the iGotNext Policies, the “Agreement”) apply to your use of (1) the iGotNext website at https://www.igotnextsports.com and all affiliated websites and other online properties owned and operated by iGotNext (collectively, the “iGotNext Site”), (2) any iGotNext-branded application for your mobile or other device (collectively, the “iGotNext App”), (3) the sports and recreation related products and services exchange, event and facilities reservation system, and participant connection services made available by iGotNext through the iGotNext Site and the iGotNext App, and (4) any other services or features made available by iGotNext through the iGotNext Site or the iGotNext App. Together, the items in (1) through (4) are referred to herein as the “Service”.
In this Agreement, “iGotNext” and “we” mean iGotNext, Inc. and “you” means (1) any individual user (a “User”) of the Service, or (2) a “Facility” (as defined below). This Agreement incorporates iGotNext’ standard policies, procedures, and terms and conditions for use of the Service that are referenced by name or by links in this Agreement (collectively, the “iGotNext Policies”).
By accessing or using the Service or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Service or that you have complied with the requirements of Section 2 below.
You should also read the iGotNext Privacy Policy, which is incorporated by reference into this Agreement and available on the iGotNext Site. If you do not accept and agree to be bound by all of the terms of this Agreement, including the iGotNext Privacy Policy, do not access the Service through the iGotNext Site, install the iGotNext App or use the Service.
iGotNext may update or revise this Agreement (including the iGotNext Privacy Policy and any iGotNext Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Service. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Service, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by iGotNext, any use of the Service is subject to the version of this Agreement in effect at the time of use.
1. The iGotNext Service
a. General. The Service consists of a communications platform for enabling the connection between Users seeking to participate in leisure, cultural, recreational or sporting activities and event organizers, sports and recreation organizations and association, instructors, sports and recreation facilities (collectively “Facilities”) and other Users. The Service provides a place for Facilities to list their sporting, recreational, leisure and cultural activities, facilities, events, products and services, and for Users to find sporting, recreational, leisure and cultural activities, facilities, create events, products and services that are of interest to them. iGotNext does not take part in the interaction between Users and Facilities except to provide the Service for information, where applicable.
b. Registrations, Reservations and Bookings. iGotNext provides the contact information; phone number, website, Most Common User at that Location (MVP) to help enable Users to (1) register events, (2) and the ability to contact the facility to assist in the booking or reserving sports and recreational facilities, including ice hockey rinks, paintball fields, tennis courts, basketball courts, football and soccer fields, arenas and other facilities, and are not limited to the sports previously listed. Users can contact the Facility directly through multiple communication methods made available through the Service, including a link to the Facility web site, by email or telephone.
c. Participation in Informal Sports and Recreational Activities. iGotNext also provides the Service to Users for the purpose of enabling Users to connect with other Users to participate in informal sporting and recreational activities (such as pickup hockey or basketball games) and such activities may or may not involve the payment of any fees by a User in order to participate.
d. Modifications to Service. iGotNext reserves the right, in its sole discretion, to modify the Service from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the iGotNext Site and iGotNext App. iGotNext shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Service.
2. Eligibility
If you are under the age of majority in your province or territory of residence, but at least 13 years of age, you must present this Agreement to your parent or legal guardian to review this Agreement and to enter into it on your behalf. iGotNext reserves the right to discontinue your use of the App and the Service if it determines that the foregoing age requirements have not been respected.
By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
3. Creating an Account
(a) In order to use the Service, you must create an account (an “Account”) and sign in using your email address, which will require validation. You may also be able to create an Account and login to your Account through online accounts you may have with third party social networking sites such as Facebook or Google+ by either providing your SNS Account login information through the iGotNext Service or allowing iGotNext to access your SNS Account. By granting iGotNext access to any SNS Accounts, you understand that iGotNext may access, make available and store any content that you have provided to and stored in your SNS Account, including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the iGotNext Service to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the iGotNext Service and iGotNext may use such personally identifiable information to seek out other publicly available information about a User (including, for example, results in sporting competitions) and store, index and use such information for the purpose of customizing the delivery of the Service to you.
(b) When registering for an Account, you must provide true, accurate, current, and complete data about yourself in your iGotNext profile (“Profile Data”). You also agree to promptly update your Profile Data to keep it true, accurate, current, and complete. You may not create more than one Account.
(c) You are responsible for maintaining the confidentiality of the login information and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify iGotNext of any disclosure or unauthorized use of your username or password or any other breach of security at staff@igotnextsports.com.
4. Location Data
The iGotNext App may collect and use data about your location for the purpose of customizing the delivery of the Service to you. Location data will only be activated with your express consent.
5. Communications from iGotNext
If you provide an email address and agree to receive notifications regarding the Services, you hereby expressly consent to receive SMS text messages from iGotNext regarding the Service. The communication standards for the Service include, but are not limited to: SMS, and web-based browser technology. In order to use the SMS-based Service, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Service.
6. Technical Requirements
Use of the Service requires Internet access through your computer, mobile device, or access to Wifi. You are responsible for all mobile carrier charges resulting from your use of the Service, including from any notifications provided by the Service. iGotNext does not guarantee that the Service will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the iGotNext Site, and some features and portions of the iGotNext Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.
7. Fees and Payment
(a) Depending upon the particular Provider, the booking of an event or facility; the registration for a sport, recreational activity, league or association; or the purchase of products or services may be possible only in return for payment of the applicable fee. By booking the facility, or registering for the sporting or recreational activity or event, User accepts the Facilities fees and prices that have been announced or recorded in the Event, or on the Facilities Website as well as any possible applicable rules of the facility regarding this recreational sports activity. Payment shall be performed in accordance with the instructions of the applicable Facility and the User may make payments with the Facility and be directed away from the iGotNext Site, or iGotNext App in order to complete the payment transaction. iGotNext is not a party to this transaction, but instead acts coordinator.
(b) If the User is not satisfied with the quality and the price of the event, facility or service of a Provider, then any possible claims must be brought by the User directly against the Facility. iGotNext shall not PROVIDE any reimbursements and is not liable for any such claims brought by Users against a specific Facility. All claims must be brought directly to and exclusively against the Facility.
8. Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have an iGotNext Account. You may terminate and disable/deactivate your Account at any time, for any reason, by following the instructions in “Settings” in the Service. iGotNext may terminate or suspend your Account at any time without notice if iGotNext believes that you have breached this Agreement (including any iGotNext Policies), or for any other reason, with or without cause, in its sole discretion. iGotNext is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After any suspension or termination, you may or may not be granted permission to use the Service or reactivate your Account. You agree that iGotNext shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You understand that any termination of your Account may involve deletion of any content stored in your Account for which iGotNext will have no liability whatsoever. After your Account is terminated for any reason, all terms of this Agreement, including, in particular, the license granted by you in Section 9(d) below, survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
9. Intellectual Property Rights and Grant of Rights to User
(a) Service. Subject to the terms and conditions of this Agreement, iGotNext grants to User and Provider a non-exclusive, non-transferable, revocable license to access and use the Service in accordance with the terms of this Agreement.
(b) iGotNext App License. Subject to the terms and conditions of this Agreement, iGotNext grants User a non-exclusive, non-transferable, revocable license to use the iGotNext App, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Service.
(c) iGotNext Content. The features, information, and materials provided and depicted through the Service are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, photos and other content made available through the Service (collectively, the “iGotNext Content”) are provided to User by iGotNext or its partners or licensors (including other Users and Facilities) solely to support User’s permitted use of the Service. The iGotNext Content may be modified from time to time by iGotNext in its sole discretion.
(d) Reservation of Rights. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Service, the iGotNext App or the iGotNext Content by User shall constitute a material breach of this Agreement. iGotNext and its partners or licensors retain all rights in the Service, the iGotNext App and iGotNext Content and any associated patents, trade-marks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
(a) Use Restrictions. The Service and iGotNext Content are offered solely for User’s for the purposes described in this Agreement. Any and all other uses are prohibited. iGotNext expressly reserves all its rights and remedies under applicable laws. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Service or iGotNext Content, except as expressly authorized by iGotNext; (2) interfere with or disrupt the Service or the servers or networks connected to the Service or take any action that imposes or may impose (in iGotNext’ sole determination) an unreasonable or a disproportionately large load on the Service or iGotNext’ infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Service; (4) rent, lease, copy, provide access to or sublicense any portion of the Service or iGotNext Content to a third party; (5) use any portion of the Service or iGotNext Content to provide, or incorporate any portion of the Service or iGotNext Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance notice to iGotNext); (7) modify any Service or iGotNext Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Service or iGotNext Content; (9) use the Service or iGotNext Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Service or iGotNext Content or access or use the Service or iGotNext Content for competitive analysis or benchmarking purposes.
10. Reviews, Comments, Communications, and Other User Content
(a) The Service may permit Users to submit posts, reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users, Facilities and other third parties (“User Content”). Any such User Content must not be illegal, threatening, abusive, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content.
(b) When using the Service, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. Please notify iGotNext of any illegal or inappropriate User Content and iGotNext will take appropriate action. If a User finds something that is a breach of the rules listed herein, the User is authorized to delete these images, comments, or any material that breaks the rules listed herein. iGotNext will ensure that any offending comments are removed, and take such action against the offender as determined by iGotNext.
(c) iGotNext may establish procedures and practices relating to the use of and participation in the iGotNext Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. iGotNext will not be responsible for any Content deleted by iGotNext or otherwise, or for your inability to submit any User Content.
(d) iGotNext reserves the right (but has no obligation) to monitor, remove, or edit User Content in iGotNext’ sole discretion, including if User Content violates this Agreement (including any iGotNext Policies), but you acknowledge that iGotNext may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you hereby grant to iGotNext a non-exclusive, perpetual, royalty-free, irrevocable, transferable and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. User agrees that any User Content submitted, placed or posted by User on the Service may be viewed by other Users and may be viewed by any person visiting the iGotNext Site, using the iGotNext App or participating in the Service.
(e) You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by iGotNext and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
(f) iGotNext will not be responsible for the User Content or accuracy of any information posted by Users or Facilities, and shall not be responsible for any acts taken or decisions made based on such information.
(g) Your use of the Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that iGotNext may access, preserve and disclose your Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of iGotNext or any other person.
(h) User agrees to indemnify, hold harmless, and (at iGotNext’ request) defend iGotNext, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “iGotNext Parties”) from and against all claims resulting from (1) any User Content submitted by User, (2) User’s use of the Service, or (3) any breach or alleged breach by User of this Agreement.
11. Prohibited Activities
iGotNext reserves the right to investigate, suspend and/or terminate a User or Provider account if such User or Provider has misused the Service or behaved in a way that iGotNext regards as inappropriate or unlawful. The following is a partial list of the type of actions that Users and Facilities may not engage in with respect to the Service. Users and Facilities shall not:
(a) impersonate any person or entity;
(b) “stalk” or otherwise harass or track any person.
(c) express or imply that any statements you make are endorsed by iGotNext without our specific prior written consent.
(d) access the Service in a jurisdiction in which it is illegal or unauthorized;
(e) collect usernames, phone numbers and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service; or
(f) email or otherwise transmit any material that 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.
12. Additional Provisions Applicable to Facilities
(a) Admin Account. Each Facility will be allowed to create one or more administrator account (each an “Admin Account”) for one or more designated administrators (each an “Administrator”) to access the Service. After initial registration, an Administrator may assign additional user access to other Facility employees, contractors or agents. This procedure is initiated by those seeking to access a user account and can only be approved by a designated Administrator. iGotNext is not responsible for dissemination of additional user access, as all requests for additional user access must be routed to a designated Administrator. iGotNext reserves the right to charge an administrative fee to Facilities who open multiple Admin Accounts.
(b) Facility Content. A Facility may post information or advertisements regarding sporting events, the availability of facilities, the availability of coaching, instruction or other services; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users and other third parties (“Provider Content”). The provisions of Section 9 hereof will apply to Facility Content in the same manner as such provisions apply to User Content.
(c) Insurance. It is the Facility’s responsibility to obtain and maintain appropriate levels of and types of insurance coverage for the nature of the event, facility or other service that is being provided at their location. It is also the Facility’s responsibility to provide a clean and save environment in or at which to provide the event or service being offered. The Facility hereby represents and warrants to iGotNext that any facilities made available by it for the purpose of holding an event or sporting or recreational activity will be safe and appropriate for the type of event or service provided.
(d) User Conduct. iGotNext is not responsible for the conduct of any User. In no event shall iGotNext or any iGotNext Party (as defined below) be liable (directly or indirectly) for any Facility’s losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a User or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or registrations with, or purchases by the User. Each Facility hereby agrees that it is its responsibility to, and it shall, take all necessary precautions in all interactions with Users.
(e) Fees and Payment. iGotNext shall charge a yearly fee for Users separate for the Facility’s annual fees. Provider iGotNext shall issue an invoice for its transaction fee by means of online-payment, e-mail or mobile provider transaction. Invoices must be settled within 30 days of the invoice date. By agreeing to this Agreement or continuing to operate as a User or Provider on the iGotNext Service each Facility hereby agrees to be bound by the policies and procedures listed herein. As a condition of iGotNext enabling payment processing, Facilities agrees to provide iGotNext accurate and complete information about Provider and its business, organization or association and Facilities hereby authorizes iGotNext to share such corporate information and transaction information related to the specific Facilities invoices processing services through the iGotNext Service.
(h) Liability to Users. Facilities are solely responsible for their interactions with Users and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by a User as a result of a User’s interaction with such Facility or visit to such location for an event or from any product or service of any Facility.
13. Third Party Links
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by iGotNext and other third parties and links to other web sites or resources. You acknowledge and agree that iGotNext is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that iGotNext 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
14. Disclaimer of Warranties.
(a) Users acknowledge, understand and expressly agree that iGotNext does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the events, facilities, activities, products or services actually delivered or provided by any User, Location, or Facility. iGotNext makes no representations or warranties regarding the suitability, reliability, timeliness, and accuracy of the events, facilities or services provided by Facilities, whether in public, private or offline interactions, or arranged through the iGotNext Service. iGotNext does not assume any responsibility for the accuracy or reliability of any information provided through the iGotNext Site or the iGotNext App. iGotNext does not assume and expressly disclaims any and all liability that may result from the use of any information provided through the iGotNext Site, the iGotNext App or the Service or through Facilities listed with the Service.
(b) THE SERVICE, ALL IGOTNEXT CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE IGOTNEXT SITE, THE IGOTNEXT APP OR THE SERVICE, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. IGOTNEXT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. IGOTNEXT DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IGOTNEXT WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE BY USERS OR PROVIDERS FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. IGOTNEXT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF IGOTNEXT.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
(d) THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE IGOTNEXT PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE IGOTNEXT SITE, THE IGOTNEXT APP, THE SERVICE, THE PROVIDER CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICE), OR (4) YOUR VISIT TO ANY PROVIDER’S FACILITY OR EVENT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY PROVIDER. Each User hereby releases the iGotNext Parties from any and all Claims referred to in (4) above and section 12(g) of this agreement.
(b) IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
(c) You understand and agree that the disclaimers, exclusions, and limitations in Sections 13 and 14 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that iGotNext would be unable to make the Service available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
16. Indemnity by You
You agree to indemnify and hold the iGotNext Parties harmless from any loss, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or User Content you post in the Service, and the violation of any law or regulation by you. iGotNext reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with iGotNext in connection therewith.
17. Arbitration and Governing Law
(a) The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration under the Arbitration Act. You may not under any circumstances commence or maintain against iGotNext any class action, class arbitration, or other representative action or proceeding.
(b) This Agreement, and any dispute between you and iGotNext, shall be governed by the laws without regard to principles of conflicts of law.
(c) YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
18. Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by iGotNext.
19. General Terms
This Agreement, together with the iGotNext Privacy Policy, the iGotNext Policies and any specific guidelines or rules that are separately posted by iGotNext for particular services or offers in the Service, contains the entire agreement between you and iGotNext regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of iGotNext to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind iGotNext in any manner. The section headings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
20. iGotNext Contact Information
The iGotNext Site, the iGotNext App and the Service are operated and provided by iGotNext. If you have any questions about this Agreement, please contact us at staff@igotnextsports.com.