End User License Agreement
PELOTERO END USER LICENSE AGREEMENT
Effective Date: January 1, 2024
Welcome to the Pelotero Mobile App (“App”). This EULA governs your access and use of the App, offered by Pelotero and its subsidiaries (“Pelotero”) and related updates, upgrades and features offered by Pelotero and/or live events hosted by or in connection with Pelotero through the App (collectively “Pelotero App Services”).
BY USING THE APP AND ANY PELOTERO APP SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL THE APP OR USE THE Pelotero APP SERVICES. YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH Pelotero IN RELATION TO THIS END USER LICENSE AGREEMENT (“EULA”).
1.Pelotero Account
1.1.You need an Pelotero Account to access and use the many Pelotero App Services, including scheduling, player development programming, athlete development, and related team management services.
1.2.To create an Pelotero Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Pelotero App Service for which you are registering and must be resident of a country where use of Pelotero App Services is permitted.
1.3.You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an Pelotero Account. If you are aged between 13 and 18 (or the age of majority where you live), you and your parent or guardian must review this EULA together. Parents and guardians are responsible for the acts of children under 18 years of age when using Pelotero App Services. Pelotero recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
1.4.You are responsible for the activity on your Pelotero Account. Your Pelotero Account may be suspended or terminated if someone else uses it to engage in activity that violates this EULA.
1.5.You may cancel your Pelotero Account at any time. You also may cancel a subscription to a particular Pelotero App Service at any time. Contact Pelotero’s Customer Service Department at https://pelotero.com/customer-service/ to cancel your Pelotero Account.
2.License
The Pelotero App Services are licensed to you, not sold. Pelotero grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Pelotero App Services to which you have access for your non-commercial use, subject to your compliance with this EULA. You may not access, copy, modify or distribute any Pelotero App Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Pelotero or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the App or any Pelotero App Services. Pelotero or its licensors own and reserve all other rights, including all right, title and interest in the Pelotero App Services and associated intellectual property rights.
3.Content and Services
3.1.The Pelotero App Services include Content and Services. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Pelotero App Services, as well as the design and appearance of our Apps and websites. All Content is either owned by Pelotero or its licensors, or is licensed to Pelotero and its licensors pursuant to this EULA.
3.2.Services are the specific functionality which you can access from the App or related websites. They can include: the intelligent program builder, interconnected calendars for athletes and coaches, messaging, billing, facility and coach scheduling, inventory and resource management, data warehouse and reporting, athlete questionnaires, and other tools to improve the athlete development process.
3.3.You will provide at your own expense the equipment, Internet connection and charges required to access and use Pelotero App Services.
4.Availability of Pelotero App Services and Updates
4.1.We do not guarantee that any Pelotero App Service will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Pelotero App Service, Content or Entitlements for any particular length of time. Pelotero does not guarantee that Pelotero App Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
4.2.From time to time, Pelotero may update, change or modify an Pelotero App Service without notice to you. These updates and modifications may be required in order to continue to use Pelotero App Services.
5.Rules of Conduct
5.1.When you access or use an Pelotero App Service, you agree that you will not:
(a)Violate any law, rule or regulation.
(b)Interfere with or disrupt any Pelotero App Service or any server or network used to support or provide an Pelotero App Service, including any hacking or cracking into an Pelotero App Service.
(c)Use any software or program that damages, interferes with or disrupts an Pelotero App Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
(d)Interfere with or disrupt another individual’s use of an Pelotero App Service. This includes disrupting the normal functionality, chat or similar communications within a Pelotero App Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
(e)Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
(f)Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Pelotero (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
(g)Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
(h)Impersonate another person or falsely imply that you are an Pelotero employee or representative.
(i)Improperly use in-game support or complaint buttons or make false reports to Pelotero staff.
(j)Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Pelotero App Services.
(k)Modify any file or any other part of the Pelotero App Service.
(l)Use exploits, cheats, undocumented features, design errors or problems in an Pelotero App Service.
(m)Use or distribute counterfeit software or Pelotero Content, including personal information related to Pelotero App users or subscribers.
(n)Sell, buy, trade or otherwise transfer or offer to transfer your Pelotero Account, any personal access to Pelotero App Services, or any Pelotero Content associated with your Pelotero Account.
(o)Use an Pelotero App Service in a country in which Pelotero is prohibited from offering such services under applicable export control laws.
(p)Engage in any other activity that significantly disturbs the peaceful, fair and respectful environment of an Pelotero App Service.
(q)Use information about users publicly available in any Pelotero App Service (e.g. on a scheduler) for any purpose unrelated to the Service.
(r)Promote, encourage or take part in any prohibited activity described above.
5.2.If you or someone using your Pelotero Account violates these rules and fails to remedy this violation after a warning, Pelotero may take action against you, including revoking access to certain or all Pelotero App Services, or terminating your Pelotero Account. In case of severe violations, Pelotero may take these actions without issuing a prior warning. When practical, Pelotero will notify you of the action it will take in response to violations of these rules or breach of this EULA.
5.3.
Specific Pelotero App Services (for example billing or facility scheduling) may post additional rules that apply to your use of those services.
5.4.If you encounter another user who is violating any of these rules, please report this activity to Pelotero using the “Help” or “Report Abuse” functions in the relevant Pelotero App Service.
5.5.Pelotero may, in its discretion, monitor or record online activity or Content on Pelotero App Services and may remove any Content from any Pelotero App Service at its discretion.
6.Technical and Content Protection Measures
Pelotero utilizes certain technical or content protection measures to prevent piracy and the unauthorized copying or use of an Pelotero App Service.Pelotero utilizes certain technologies to detect and prevent misuse in connection with the use of Pelotero App Services. Pelotero may use its own or third party monitoring technologies.
7.Termination and Other Sanctions
7.1.This EULA is effective until terminated by you or Pelotero. Pelotero may terminate your access and use of any Pelotero App Services or your Pelotero Account if Pelotero determines that you have violated this EULA or that there has been otherwise unlawful, improper or fraudulent use of Pelotero App Services associated with your Pelotero Account. When practical, Pelotero will notify you of the termination. You may lose your user name and persona as a result of an Pelotero Account termination. If you have more than one Pelotero Account, depending on the type of violation or misuse, Pelotero may terminate all of your Pelotero Accounts and all related Entitlements. If your Pelotero Account is terminated, you will not have access to your Pelotero Account or Entitlements and may be barred from accessing or using any Pelotero App Service again. Upon termination, your license under this EULA also shall terminate.
7.2.Instead of termination and prior to any termination, Pelotero may issue you a warning, suspend or alter your access to a particular Pelotero App Service or your Pelotero Account, remove or revoke Entitlements at an Pelotero Account or device level, remove or delete any content which is in violation with this EULA, or ban your device or machine from accessing specific Pelotero App Services. If Pelotero takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
7.3.Pelotero may terminate any Pelotero App Service at any time by giving at least thirty days’ notice either via email (if available), within the affected Pelotero App Service, or on the service updates page of the app store which you used to download the App. After termination, no updates will be applied to our Apps and we can’t guarantee the App will continue be available for download via any app stores. Any App available via iCloud or other applicable app store after online service termination may be removed from iCloud or other applicable app store without further notice to you.
7.4.If you believe that any action has been taken against your Account or device in error, please contact Customer Support at
https://pelotero.com/customer-service/
.
7.5.Sections 5, 8-9, 11-15 of this EULA survive termination of this EULA.
8.Warranties; Limitation of Liability
PELOTERO APP SERVICES ARE LICENSED AND PROVIDED “AS IS.” YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, PELOTERO GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. PELOTERO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR PELOTERO APP SERVICE; THAT THE PELOTERO SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE PELOTERO APP SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, OR VIRUSES, OR THAT PELOTERO APP SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER MOBILE DEVICE YOU MAY SUBSEQUENTLY PURCHASE. PELOTERO DOES NOT WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED VIA ANY APP STORE.
9.General Terms
9.1.Entire EULA.
This EULA, together with any other Pelotero terms that govern your use of Pelotero App Services, constitutes the entire agreement between you and Pelotero. The EULA may not be amended or modified unless made in writing and signed by Pelotero. The failure of Pelotero to exercise any right under this EULA shall not constitute a waiver of the right or any other right. If any part of this EULA is held to be unenforceable, all other parts of this EULA shall continue in full force and effect.
9.2.Governing Law
(i) This EULA is between you and Pelotero Corporation, with a principle place of business at 2100 Downing Lane, Suite B, Leander, Texas 78641; (ii) the laws of the State of Texas, excluding its conflicts-of-law rules, govern this EULA and your use of Pelotero App Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA or Pelotero App Services shall be the federal or state courts that govern Travis County, Texas, and you expressly consent to the exercise of personal jurisdiction of such courts.
9.3.Export
.
You agree to follow U.S. and other export control laws and agree not to transfer an Pelotero App Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Pelotero is prohibited from doing business under these export control laws.
9.4.Changes to this EULA. Pelotero may modify this EULA from time to time, so please review it frequently. For Pelotero users who accepted a version of this EULA prior to modification, the revisions will become effective 30 days after posting at
. Your continued use of Pelotero App Services means you accept the changes. If you we make any material changes to this EULA and you decline to agree to such changes, you must not continue to use the Pelotero App or the Pelotero App Service.
10.Dispute Resolutions by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PELOTERO CAN BRING CLAIMS AGAINST EACH OTHER.
THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PELOTERO TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
10.1.This Section offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by logging into the Pelotero customer support interface with your Account at
https://pelotero.com/customer-service/
. If Pelotero cannot resolve your concern, you and Pelotero agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
10.2.You and Pelotero mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between You and Pelotero, its related and affiliated companies, and/or any current or former employee, officer, or director of Pelotero or any related or affiliated company.
You and Pelotero agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms and Conditions (‘Terms’) and any Services terminate.
Any revision to or termination of the Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
10.3.Claims Covered by Arbitration
Other than the exceptions in the section below, “Covered Claims” include any and all controversies, disputes, disagreements,
and claims arising out of, or relating to, this EULA (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Pelotero App or the provision of content, services, and/or technology on or through the App to the fullest extent allowed by law.
10.4.Claims Not Covered by Arbitration
The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”:
(a) any claims that cannot be required to be arbitrated as a matter of law; (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.
10.5.Arbitrability Determinations
If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver.
If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.
10.6.Informal Negotiations
You and Pelotero shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Pelotero will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Pelotero Corporation, 2100 Downing Lane, Suite B, Leander, TX 78641, Attention:
Legal Department.
10.7.Binding Arbitration
(a)To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to: Pelotero Corporation, 2100 Downing Lane, Suite B, Leander, TX 78641, Attention:
Legal Department.
You and Pelotero agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA.
Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at
https://www.adr.org/sites/default/files/Consumer_R...) will apply.
Except to the extent that they are modified by the rules below, if You are not an individual person, but are an entity or company, the AAA Commercial Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at
https://www.adr.org/sites/default/files/Commercial...) will apply.
(b)The parties agree that the applicable AAA rules are modified as follows:
(i)Any arbitrator must be neutral as to all parties.
Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law.
(ii)No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(iii)All discovery shall be subject to any and all objections available under FRCP 26(b).
Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”).
If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party.
Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(iv)The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
(v)Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(vi)The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(vii)The Federal Rules of Evidence shall apply to all arbitration proceedings.
(viii)For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
(ix)The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(x)The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration.
Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(xi)The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(xii)If You initiate arbitration, You will pay the first $250, and Pelotero will pay all other filing, administrative, or hearing fees.
If the Pelotero initiates arbitration, Pelotero will pay all filing, administrative, and hearing fees.
Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
10.8.Class Action Waiver
Except as otherwise required under applicable law, You and Pelotero agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding
(“Class Action Waiver”).No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
10.9.Location
If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Travis, State of Texas, United States of America, and you and Pelotero agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
10.10.If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected.
Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in Austin, Texas, which shall be the exclusive forum for such claims.
You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Pelotero Corporation
Terms of Service
Last Updated: August 30, 2024
Please read these Terms of Service (the “Agreement”) carefully because they are a binding agreement between you and Pelotero Corporation (“Pelotero,” “we,” “us,” or “our”) and apply to your use of our website at https://www.pelotero.com (the “Website”) and all of its sub-domains, the platform we make available through the Website (the “Platform”), and any applications we make available to you for download to your mobile device (each, an “App”). The Website, Platform, and any Apps, together with our related services and social media pages, are collectively referred to as our “Services”.
By clicking on an “accept” button, creating a Pelotero Account, or otherwise visiting, accessing, and/or using our Services, you automatically agree to this Agreement, you acknowledge our Privacy Policy, and you certify that you are at least 13 years of age and that you are providing truthful and accurate information about yourself.
Changes to Agreement
We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the updated Agreement, you must discontinue using the Services.
Privacy Policy
Please refer to our Privacy Policy (the “Privacy Policy") at https://pelotero.com/privacy-policy for information regarding how we collect, use, and disclose information about you in connection with your use of our Services, and regarding how others collect, use, and disclose information about you. The terms and conditions of our Privacy Policy are incorporated into this Agreement.
Authorized Users
• Companies, Organizations & Other Legal Entities. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity and its affiliates, in which case the terms “you” or “your” shall also refer to such entity and its affiliates. You further agree that you assume responsibility in connection with your use of the Services on behalf of such company, organization, or other legal entity.
• Children. The Services are available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18 (or the legal age of majority where you reside if that jurisdiction has an older age of majority), then you agree to review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. You agree to have your parent or guardian review and accept this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child, then you agree to and accept full responsibility for that child’s use of any of our Services, including all investments, financial charges and/or legal liability that the child may incur.
We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.
Terms of Access and Use
Subject to your compliance with this Agreement and all applicable laws, Pelotero grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Website, Platform, and other Services (as applicable), together with Pelotero Content, in accordance with the terms and conditions of this Agreement and any separate written agreement with Pelotero providing for additional terms and conditions applicable to your relationship with Pelotero.
As between you and Pelotero, you are responsible for obtaining and maintaining all computer hardware, software, communications and equipment needed to access and use the Services, and for paying all associated third-party access charges. Pelotero may monitor any and all use of the Services by you and collect information about your use of the Services in accordance with our Privacy Policy. Pelotero may use such data for its business purposes, and may disclose the same, provided that use or disclosure of your personal information shall be subject to our Privacy Policy.
Pelotero Accounts
Account Creation. You must register and set up an account in order to access our Platform. The Platform is available only to users who have registered and have been granted accounts and credentials. We offer different types of accounts depending on how you are using the Services (each, a “Pelotero Account”):
• Organization Accounts. For organizations and their coaches (“Coaches”) to access the Pelotero Platform to register Players for access to the Pelotero Platform and to submit, manage and access performance data about Players as mutually agreed with Pelotero.
• Player Accounts: For athletes (“Players”) who utilize the Services to view, store, organize, manage, and utilize training programs and store and manage performance data.
When you create a Pelotero Account, Pelotero requires you to provide certain account information (“Account Information”) and a password to access your Pelotero Account. You must provide true, accurate, current and complete Account Information and you agree to update your Account Information in order to ensure that it remains current. Once you have created your Pelotero Account, you can securely access the Platform online. You may only possess one Pelotero Account at a time. Pelotero reserves the right to reject your registration without explanation.
Account Security. You are responsible for all activity that occurs under your Pelotero Account, including any activity by unauthorized users. You may not allow others to use your Pelotero Account, and you agree to maintain the security and confidentiality of passwords and other credentials (as well as any communications transmitting such credentials to you) associated with your Pelotero Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Pelotero Account or the Services in general, please notify us as soon as possible at [email protected].
Account Deletion. You may submit a request to Pelotero to deactivate or permanently delete your Pelotero Account at any time, for any reason, by contacting us at the information provided below. You will remain liable for all obligations related to your Pelotero Account even after the Pelotero Account is closed. In certain circumstances it may not be possible to close your Pelotero Account right away, such as when there is an ongoing investigation, a pending transaction, an open dispute or claim, or if amounts are owed by you to us or others.
App Terms
We make an App available to you in connection with the Services for collecting performance data about Players and transmitting that data to Pelotero. The App is hosted and operated by our third party partner, 3motionAI, Inc. (“3Mai”), and your access to and use of the App is subject to additional terms and conditions made available to you by 3Mai from time to time (“App Terms”), which are hereby incorporated by reference into this Agreement. The current App Terms are available here: 3Mai’s Terms of Use (https://3motionai.com/terms) and Privacy Policy (https://3motionai.com/privacy-policy).
You must at all times access and use 3Mai’s App in accordance with this Agreement, all applicable laws, and any App Terms. You may delete the App from your mobile device by using the standard uninstall processes as may be available as part of your mobile device.
Modification to Services
Pelotero may, at any time and for any reason, change, update or discontinue Services, or any part thereof, with or without notice. We may add or remove features including without limitation making free services into paid services and vice versa. Pelotero will not be liable to you or to any third party for any modification, suspension or discontinuance of Services as permitted herein.
We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate this Agreement at any time by ceasing to use our Services.
Conduct Guidelines
The rights granted to you under this Agreement are subject to the following conduct guidelines concerning the Services:
• You will not copy, reproduce, distribute, transmit, republish, post, or publicly display the Services without Pelotero’s prior written consent;
• You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;
• You will not access or use the Services to build a similar or competitive service or application;
• You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
• You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information;
• You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
• You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding or spamming;
• You will not transmit any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services;
• You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
• You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
• You will not use the Services other than for their intended purposes;
• and You will not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose.
You are solely responsible for complying with all laws, rules and regulations applicable to you when you use the Services. You agree to comply with the above conduct and usage requirements and agree not to assist or permit any person to engage in any conduct that does not comply with these requirements. Any use of the Services in violation of this Agreement is prohibited and may result in our suspension or termination of your right to use the Services, and may possibly expose you to legal action and damages.
Transactions & Payments
Pelotero may offer you fee-based subscriptions and other products or services that may be purchased through the Website and Platform. Pelotero will facilitate your payment of fees, charges and/or taxes for any purchased items using a third party payment processor as described in more detail in our Privacy Policy. Pelotero does not collect or retain payment card information. All charges through the Website and Platform are final and non-refundable.
Content and Data
• Pelotero Content. Except for User Data and Third Party Content (defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, designs, photographs, audio, video, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, "Pelotero Content"), as well as their selection and arrangement, and all intellectual property and other rights relating to Pelotero Content, as between you and Pelotero, are solely and exclusively owned by Pelotero. You will not delete or alter any copyright, trademark or other proprietary rights notices from Pelotero Content.
• User Data. You grant to Pelotero a non-exclusive license to copy, use and display any and all data, information or communications (including personal data) provided by you while accessing the Services (“User Data”) to the extent necessary for Pelotero to operate the Services, its business and/or to facilitate interactions or transactions with you. You acknowledge that Pelotero exercises no control whatsoever over the content of the User Data and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Pelotero is under no obligation, however, to review User Data for accuracy, potential liability or for any other reason. If you delete your Pelotero Account, your User Data will be retained by Pelotero on an anonymized basis. Any User Data is posted and otherwise made available on our Website or Platform or through the App on a non-confidential and non-proprietary basis. We reserve the right to use, not use, or discontinue using any User Data in our sole discretion at any time, subject to the terms of our Privacy Policy. PELOTERO DOES NOT ENDORSE ANY USER DATA SUBMITTED THROUGH THE SERVICES, AND PELOTERO HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER DATA SUBMITTED THROUGH THE SERVICES OR FOR ANY RESULTS CAUSED BY USING SUCH USER CONTENT.
• Third Party Content. The Services may contain proprietary information and materials licensed or provided to Pelotero by third parties in connection with Pelotero’s provision of the Services and/or other business purposes (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto.
You acknowledge and understand that any data and information made available to you through the Services will be the most recent data and information we have available. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, or fitness for purpose of any data and information made available through the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
No Reliance
Any reliance you place on the Services, Pelotero Content and/or Third Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials. THE SERVICES MAY PROVIDE GENERAL INFORMATION ABOUT PERFORMANCE AND FITNESS. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE MAKING MEDICAL CLAIMS OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL CARE BASED ON ANYTHING PRESENTED ON OR THROUGH THE SERVICES. PELOTERO IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES, AND ANY DATA OR INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM.
All statements and/or opinions expressed in the Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pelotero. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimers
THE SERVICES, PELOTERO CONTENT AND THIRD PARTY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. PELOTERO DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, PELOTERO CONTENT AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.
PELOTERO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION IN THE SERVICES. PELOTERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.
PELOTERO CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY DATA, INFORMATION, ADVICE, IDEAS, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES. PELOTERO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE SERVICES.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Social Media
When we make available certain social media features through Facebook, X, Instagram, YouTube or other social media sites, you may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Pelotero.
Links to Other Sites
Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies and terms of use for the other websites you visit.
Ownership
Pelotero and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Website, Platform, App, and other Services, Pelotero Content, any performance data provided by or on behalf of Players and Coaches, and Third Party Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, Platform, App, other Services, Pelotero Content or Third Party Content. Pelotero reserves all rights not expressly granted in this Agreement.
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Pelotero and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Pelotero, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
Your Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). We may ask for your Feedback in connection with your use of the Services, and you can always submit Feedback by emailing us at [email protected].
You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Pelotero will treat any Feedback you provide to us as non-confidential and non-proprietary.
Consent to Electronic Notice
If you provide your email address to Pelotero through the Website or Platform, or by e-mailing Pelotero directly, you agree that Pelotero may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Pelotero sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
Communications Related to Services – Consent to Receive Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Pelotero at the mobile number you have provided, including calls and text messages, to receive informational, Services-related communications (e.g., authentication, order confirmations, etc.). Message and data rates may apply.
Limitation of Liability
IN NO EVENT SHALL PELOTERO OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN PELOTERO CONTENT OR THIRD PARTY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PELOTERO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS, OR CONTENT OF THE SERVICES.
General Release
You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of the Services. To the maximum extent permitted by applicable law, you hereby release the Pelotero Parties (as defined below) from any and all responsibility and liability for the foregoing.
YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Pelotero Parties pertaining to the subject matter of this section.
Indemnification By You
Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Pelotero and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Pelotero Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys' fees) in relation to or arising from (i) your use or inability to use the Services, (ii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, or (iv) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.
For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.
Term, Suspension and Termination
This Agreement will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Pelotero for the duration of the suspension or indefinitely following termination.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, Massachusetts, United States of America, before one arbitrator. The language to be used in the arbitral proceedings will be English. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
YOU AND PELOTERO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND PELOTERO EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.
Location of the Services
We operate or control the Services from within the United States. We make no representation or warranty that all of the features of the Services will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use the Services from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
You shall adhere to all applicable export control laws and regulations with respect to the Services, and will not export or re-export or permit access to the Services, in whole or in part, directly or indirectly, to any country to which such export or re-export is restricted by any laws or regulations of the U.S. unless properly authorized by the U.S. Government. You represent that you or your company/organization is not named on any U.S. or other applicable government denied-party list.
Force Majeure
You agree that Pelotero is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, communications disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Governing Law and Venue
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
General Terms
This Agreement, together with the Privacy Policy and any separate written agreements between you and Pelotero, constitute the sole agreements between you and Pelotero for your use of the Services, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Pelotero without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.
Contact Information
If you have any questions about the Website, Platform, App, or this Agreement, please contact us at [email protected].
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