Privacy Policy
Pelotero Corporation Privacy Policy
1.Introduction and Overview
1.1. You have arrived at a website or downloaded a mobile application that is provided by Pelotero Corporation and/or its affiliated and subsidiary companies (collectively “Pelotero”). This Privacy Policy governs your use of
and any other official Pelotero sites, including mobile sites or apps, and any interactive features, applications, and/or services that we make available through an interactive platform that posts a link to this Privacy Policy (collectively referred to as the “App”).
1.2.We have prepared this Privacy Policy to describe what information Pelotero collects from you, why we collect it, how we use it, and under what circumstances we share it with third parties, and otherwise manage the personal information you provide to us.
1.3.This Privacy Policy also describes the choices you can make about how we use your information. To the extent we provide you notice on our App of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
1.4.Pelotero does engage third party service providers (“Service Providers”) with whom your information may be shared. Service Providers have their own security policies and Pelotero is not responsible for their conduct. Unless explicitly stated otherwise, any current, updated and new products and services shall be subject to this Privacy Policy.
1.5.Pelotero cares about online privacy. If you have any questions concerning this Privacy Policy, please contact us at
https://pelotero.com/customer-service/
.
2.Policy Statement
2.1.Pelotero will collect, use, disclose and otherwise manage your personal information in accordance with this Privacy Policy.
3.Collection and Use of Information You Provide To Us.
3.1.We will ask you to provide us various types of personal information for both registering with the App as well as providing Services via the App. These types of personal information can include:
(a)your first and last name, email address, home address, phone number, driver’s license number, credit and debit card numbers, checking account numbers, or other information that could reasonably be used to identify you personally;
(b)demographic information, such as your zip code, team location, league membership, or preferred facility name and location (“Demographic Information”); and
(c)Athlete roster information, such as athlete statistics, positions played, or related team management data.
All the information we collect which can be related to an identifiable person is defined as “Personal Information”.
3.2.We may collect this information from you such as when you:
(a)Purchase, order, return, exchange or request certain information about Pelotero’s products and services; Sign up to billing services associated with your account;
(b)Set up an athlete development program;
(c)Schedule use of recreational or practice facilities;
(d)Use the team management functions and services within the App;
(e)Sign up to join the Pelotero online mailing list;
(f)Contact a Customer Call Center or customer service desk;
(g)Visit, register on, or participate in the social network or media features of one of Pelotero’s Apps, such as a bulletin board or community; or respond to one of Pelotero’s surveys;
(h)Provide Pelotero with comments or suggestions;
(i)Provide Pelotero with any information contributed to our Apps on your behalf; and Provide Pelotero other contact information.
Your decision to provide this information is voluntary, but if you choose not to provide this requested information you may not be able to take advantage of all of the App’s features or our services.
3.3.Information collected when you use the App.
(a)In addition to the information you choose to submit to us, we and our service providers may automatically collect and store certain information when you visit or interact with the App (“Usage Information’). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a ‘Device”) whenever you visit or interact with our App or communicate with us by email. Usage Information may be considered Personal Information where it is related to a specific individual in our platform.
(b)Usage Information may include but is not limited to:
(i)Your IP address or other unique identifier (“Device Identifier”);
(ii)Your Device browser, operating system, and mobile network information;
(iii)The areas within our App that you visit and your activities there, including remembering you and your preferences;
(iv)Your general location; and
(v)Certain other Device data, including the time of day you visit the App, among other information.
(c)We may use various methods to collect and/or store Usage Information, such as:
(i)General Tracking Information. Pelotero keeps records of the functionality and services used by each App user. Pelotero aggregates this information with data on the services used by other users to track overall visitor traffic patterns. Pelotero uses this information to improve its App and to develop functions and user tools which will make it more responsive to the needs and preferences of Pelotero customers.
(ii)Cookies. The App uses a technology called “cookies” to help facilitate transactions on the App. A cookie is an element of software code that Pelotero Apps can send to your browser, which is then stored on your hard drive so we can recognize you when you return. All pages on our Apps where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Apps, these cookies: (1) may let us know who you are; (2) are necessary to access the personal information previously provided to us by you in order to deliver products and personalized services; and (3) will provide us and our Service Providers with information that we will use to personalize our Apps in accordance with your preferences. Should you decide not to accept cookies from our Apps, you will limit the functionality we can provide when you visit our App.
(iii)Tracer Tags. Pelotero’s Apps may use a technology called “tracer tags”, which may also be referred to as “Clear GIFs” or “Web Beacons”. This technology allows us to identify which pages you visit on our Apps. These tags are used by us to help optimize and update our Apps for you and other future website visitors.
(iv)Browser Do Not Track Signals. Although our websites currently do not have a mechanism to recognize the various web browser Do Not Track signals, we do offer our customers choices to manage their preferences by referencing the “How to Contact Pelotero” Section.
(v)Other Information. We may collect additional automatic information about your visit to our App, such as time of day, browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information is used for analytical purposes and to help us provide services to our customers. We may also use this information to administer and troubleshoot our Apps.
(vi)Aggregate Information. On occasion we may provide this aggregate information (which shall not include personally identifiable information) to vendors, investors, potential advertisers, or news agencies to demonstrate the amount of interest in our App and to help us plan for technical infrastructure requirements.
(d)These technologies (or ones we incorporate in the future) are used for a variety of purposes, including:
(i)To provide the functionality of the App, as well as to offer you enhanced functionality when accessing the App, including identifying you when you sign-in to our App or keeping track of your specified preferences.
(ii)Prevention of fraudulent activity and improved security functionality. To administer and assess the performance of the App.
(iii)To analyze customer trends.
(iv)To deliver content relevant to your interests on our App and third-party sites based upon how you interact with our advertisements and/or content.
(v)To track users’ uses of the App and to gather demographic information about our user base as a whole.
(e)Pelotero may use Usage Information collected to market directly to that person. Usage Information, in the aggregate, may also be shared with third parties to provide more relevant services and advertisements to Users.
3.4.Location-Based Information
Our App may use location-based services to verify your location, deliver you relevant content or advertising based on your location, as well as to share your location with our service providers as part of the location-based services we offer. You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device.
3.5.Information We Collect From Third Parties
We may also receive information about you from your friends and other third parties, and combine or link that information with information we have about you. To the extent we combine information we receive from third parties with your Personal Information, the combined information, unless disclosed otherwise, will be treated as Personal Information under this Privacy Policy. In no other circumstances will this Privacy Policy apply to information we receive about you from third parties.
3.6.Information We Collect When You Interact with Third-Parties.
The App may allow certain kinds of interactions between the App and your account on a third-party site or application, such as a recreational facility’s own scheduling application. The use of this functionality may involve the third-party site providing information, including Personal Information, to us. For example, when you register with the App, you may have an option to use your Facebook account to facilitate the registration or transaction process on the App. If you choose to use this functionality, the third-party site may send Personal Information about you to us. If so, we will treat this information as Personal Information under this Privacy Policy. In addition, we may provide links on the App to facilitate sending a communication from the App. For example, we may use third parties to facilitate emails, Tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. You should review the applicable third-party privacy policies before using such tools.
3.7.Information You Provide About a Third Party
(a)You will likely provide us Personal Information about other individuals - usually in the form of managing your players and athletes. As part of this activity, you may send also someone else a communication from the App, such as sending a calendar entry to a team member. If so, the information you provide (names, email addresses, mobile number, etc.) will be used to facilitate the services we provide and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise.
(b)You may also provide information about a third party to the extent you have authorized that person work with you in using athlete development and scheduling services. The information you provide (names, email addresses, mobile number, etc.) will only be used to facilitate these services and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise.
(c)Unless and until we receive a third party’s written consent, we will not use any information you provide about a third party to contact that person for any reason other than provide the services or functionality as part of your use of the App.
4.How we use the information we collect.
4.1.We may use your Personal Information, Demographic Information or Usage Information for a variety of business purposes, including, but not limited to the following:
(a)Improving the effectiveness of our App, marketing endeavors and service offerings; Processing credit applications and transactions;
(b)Account administration and App registration;
(c)Processing and completing purchases, returns and similar transactions; Providing customer service, including managing billing issues for facilities paid via the App; managing specific athlete development programs, and related team administration;
(d)Sending you email communications such as electronic newsletters about our services and promotions; Sending you email about orders you have made on the App.
(e)Enabling you to participate in the App’s features such as surveys and promotions;
(f)Identifying your service preferences and informing you of new or additional services and promotions that may be of interest to you;
(g)Providing mobile marketing messages and service messages; Evaluating employment inquiries or applications;
(h)For internal business purposes;
(i)o enforce our terms of use and policies;
(j)To respond to legal requests and prevent legal harm; and
(k)For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
5.Sharing Information With Third Parties
5.1.When You Request We Share With Third Parties.
We may share information with third parties at your request. In the event we do so, all information we disclose will be subject to the privacy policies and practices of such third parties. In addition, the third parties may store, collect or otherwise have access to your information when you interact with their technologies, content or apps on our App or link to them from our App. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools. We are not responsible for the practices of such third parties and, therefore, you should review such third-party privacy policies prior to interacting with them.
5.2.Third Parties Providing Services to Pelotero.
We may use third party service providers to perform certain services, such as: (a) to assist us in e-commerce operations; (b) to manage a database of customer information; (c) hosting the App; (d) designing and/or operating the App’s features; (e) tracking the App’s activities and analytics; (f) enabling us to send you special offers or perform other administrative services; (g) to allow you to participate in live chat on the App; and (h) other services designed to assist us in maximizing our business potential. We may provide third parties with access to your information to carry out the services they are performing for us. Third-party analytics and other service providers such as Google Analytics may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the App. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. For example, to learn about opting out of Google Analytics, please click here. To learn about opting out of the use of Adobe cookies for analytics and on-site personalization, please click here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
5.3.To Protect the Rights of Pelotero and our Users.
We may disclose your Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Pelotero or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).
5.4.Affiliates and Business Transfer.
We may share your information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App and/or our Stores; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.
5.5.Sweepstakes, Contests and Promotions.
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the App or through one of our social media pages that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
5.6.Co-Branded Areas.
Certain areas of the App may be provided to you in association with third parties (“Co-Branded Areas”) such as co-promotional partners and may require you to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, you may be providing your information to both us and the third party. Further, if you sign-in to a Co- Branded Area with a username and password obtained on the App, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area. Examples of a Co-Branded Area include:
We are not responsible for such third party’s data collection or practices and you should look to such third party privacy policies for more information.
5.7.Information You Submit Publicly
(a)User Content and Public Information.
The App may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties. Please note that Pelotero Imports does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the App or what others do with information you share with them on the App.
(b)Name and Likeness.
We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit, please review our Terms of Use.
5.8.Interest-Based Advertising
(a)We may use your Personal Information to help us decide which products, services and offers may be of interest to you.
(b)We use third party analytics and social media providers to collect information about your use of the App, see the overall patterns of usage on the App, deliver advertisements to you based on email addresses, optimize ad performance, and to determine whether our advertising is effective. We use analytics tools and other third party technologies, including cookies, to collect Personal Information and Non-Personal Information in the form of various usage and user metrics when you use our App. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.
(c)The third party analytics companies (like Google and IBM) who collect information on our App and other online products and/or sites may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products relating to your activities across their network of websites. Many of these companies collect and use information under their own privacy policies.
(d)In addition to our use of technologies as described herein, we may permit certain third party companies, including online ad networks to help us tailor advertising that we think may be of interest to you based on your use of our Services and to otherwise collect and use data about your use of our Services. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the technologies described in the “Information We Collect When You Use the App” Section above, and they use this information to show you advertisements that are tailored to your individual interests. This collection and ad targeting takes place both on our App and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our marketing efforts.
(e)Opting out of analytics: You may opt out of Google Analytics by visiting the Google Analytics opt-out page
https://tools.google.com/dlpage/gaoptout
. Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions. You may learn more at
www.google.com/policies/privacy/partners/.
(f)You may view a list of other third party service providers who collect information, and/or opt-out of such collection of information about you, by visiting
http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/
(g)Please note that opting out of receiving targeted ads will not prevent you from being served advertisements generally; rather, opting out means that the online ads presented will not be based on your particular interests.
(h)We currently do not respond to Do Not Track Signals. Some third parties, such as companies that offer Internet browsers, have developed signals (e.g., browser do not track signals) that give you a choice regarding the collection of information about your online activities over time and across third- party websites or online services. Currently, we do not monitor or take any action with respect to these signals or other mechanisms offered by Internet browsers. If you would like more information on self-regulatory programs that permit you to exercise choice, click on the ad networks link in the paragraph above.
5.9.Third Party Links and Data.
(a)The App may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the App are served to you. In addition, Pelotero’s App may include links to services that are operated and controlled by third parties.
(b)We are not responsible for the data collection and privacy practices employed by any of these third parties. For example, if you “click” on a link, the “click” may take you off the App onto a different location. These other locations may independently collect data about you and may or may not have their own published privacy policies.
(c)The inclusion of any link does not imply Pelotero’s endorsement of any other company, its websites, or its products or services. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.
(d)Third party Service Providers may need access to some of your personal information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We reserve the right to provide third parties with aggregate statistics about our clients, traffic patterns and related site information. This data reflects site usage patterns, but does not contain personally identifiable information about any individual user.
6.What Should Parents Know About Children
6.1.We understand the importance of protecting children’s privacy in the interactive world. We do not use the App to knowingly collect Personal Information from children under the age of 13 without parental consent. If you are a child under 13 years of age, you are not permitted to use the App and should not send any information about yourself to us through the App.
6.2.In the event that we become aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with information without your consent, please contact us at [email protected] , and we will take reasonable steps to ensure that such information is deleted from our databases.
7.Security
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our App, and you provide us with your information at your own risk.
8.How Long Is My Personal Information Retained
We will keep your Personal Information only as long as is commercially reasonable for the purposes described in the Privacy Policy or for any such period as may be required by applicable law.
9.Changes to the Privacy Policy
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our App indicates your consent to the privacy policy posted at the time of use and you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing the Privacy Policy and any changes thereto.
10.California Privacy Rights
10.1.California’s Civil Code section 1798.100 et seq. provides residents of California a number of rights as they relate to Personal Information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.
10.2.Right to Know. You may request us to provide you the specific pieces of Personal Information that we have about you; categories of Personal Information we have collected about you; categories of sources from which the Personal Information is collected; categories of Personal Information that we sold or disclosed for a business purpose about you; categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy. Should you wish to exercise this right, please see Section 13 above or section 16 below which explains how to do so. If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
10.3.Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please see the section below which explains how to do so. If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
10.4.Right to Opt-Out. While our practices are not “selling” Personal Information in the traditional sense, our participation in interest-based ad networks can be considered a “sale” under California law. If you would like to opt-out of any sale of your Personal Information, you may do so by using the “opt-out” mechanisms as specified in section 5.8 above.
10.5.Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. Note that If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
10.6.Non-discrimination. California law does not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
10.7.Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted above in the various sections as well as specified below. Please be aware that we will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.
11.Questions or Comments
If you have any questions, comments or concerns, please contact us in any one of the following ways:
Send an e-mail to:
Call 1-512-436-3524;
Send your request by mail to:
Pelotero Corporation
2100 Downing Lane, Suite B
Leander, TX 78641
ATTN: Internet Customer Service
Terms of Service
Terms of Service
Last Updated: April 15, 2026
PLEASE READ THIS DOCUMENT CAREFULLY. THIS AGREEMENT CONTAINS AN AGREEMENT TO
ARBITRATE DISPUTES AND A CLASS ACTION WAIVER, WHICH (I) REQUIRES THAT YOU AND
PELOTERO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF
GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS.
These Terms of Service (the “Agreement”) carefully 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 may 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 a third party service provider to Pelotero, and your access to and use of the App
may be subject to additional terms and conditions made available to you by such third party
(“App Terms”).
You must at all times access and use the 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 AGREEMENT AND CLASS ACTION WAIVER
Please read the following arbitration agreement in this Section (“Arbitration Agreement”)
carefully. It requires you to arbitrate disputes with us unless you opt out as described below and
limits the manner in which you can seek relief from us.
(a) Applicability of Arbitration Agreement
You agree that any dispute or claim relating in any way to your access or use of the Website, our
marketing or advertising practices, to the collection of information from you or on the Website, to
the sharing of information collected from you or on the Website, or to any aspect of your
consumer relationship with us, will be resolved by binding arbitration, rather than in court,
except that (1) you may assert claims in small claims court if your claims qualify, so long as the
matter remains in such court and advances only on an individual (non-class, nonrepresentative)
basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of
intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims
that arose, accrued, or were asserted before the effective date of this Arbitration Agreement or
any prior version of this Arbitration Agreement.
IF YOU AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT
PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED
AGAINST US ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.
INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US ONLY IN
AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE
AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE
BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT
THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
(b) Informal Negotiation, Initiating Arbitration, Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration
Agreement. Before initiating an arbitration proceeding, the parties agree to first attempt to
negotiate any dispute in good faith (except any dispute expressly exempted by this Arbitration
Agreement) informally for at least thirty (30) days – to initiate negotiations, you must send a
letter, addressed to Pelotero, describing your claim and the relief sought to. If the parties are
unable to resolve a dispute through negotiations, the dispute shall be resolved by binding
arbitration. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the
AAA’s Consumer Arbitration Rules (“AAA Consumer Rules”), both of which are available at the
AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall
be governed by the applicable AAA rules. If AAA is not available to arbitrate, the parties will select
an alternative arbitral forum.
The place and manner of the arbitration shall be governed by AAA’s rules. Any judgment on the
award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Authority of Arbitrator
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to
resolve any dispute related to the interpretation, applicability, enforceability or formation of this
Arbitration Agreement including, but not limited to any claim that all or any part of this
Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if
any, of you and us. The arbitration proceeding will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary
damages and to grant any non-monetary remedy or relief available to an individual under
applicable law, the arbitral forum’s rules, and the agreement (including the Arbitration
Agreement). The arbitrator shall issue a written award and statement of decision describing the
essential findings and conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The award of the arbitrator is final and binding upon you
and us.
(d) Waiver of Jury Trial
YOU AND PELOTERO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pelotero are instead
electing that all claims and disputes shall be resolved by arbitration under this Arbitration
Agreement, except as specified above. An arbitrator can award on an individual basis the same
damages and relief as a court and must follow this agreement as a court would. However, there is
no judge or jury in arbitration, and court review of an arbitration award is subject to very limited
review.
(e) Waiver of Class or Consolidated Actions
YOU AND PELOTERO AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS ON A CLASS, COLLECTIVE,
OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. In the event that this
subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration
and instead claims and disputes shall be resolved in a court. In the event that the arbitration
provisions in this agreement are deemed invalid or unenforceable, this class action waiver shall
survive.
If more than 25 arbitration demands are filed against us relating to substantially the same
conduct or underlying facts by individuals who followed the procedures set forth in Section (b)
and are represented by the same counsel or coordinated counsel, we have the right to opt out of
this Arbitration Agreement and to have the matter heard in Federal or State court in the State of
Massachusetts on an individual basis.
(f) 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written
notice of your decision to opt out, addressed to Pelotero, to the following address within thirty
(30) days after first becoming subject to this Arbitration Agreement: 51 Woodridge Rd, Wellesley
MA 02482. Your notice must include your name, address, and an unequivocal statement that you
want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all
other parts of this Agreement will continue to apply to you. Opting out of this Arbitration
Agreement has no effect on any other arbitration agreements that you may currently have, or
may enter in the future, with us.
(g) Severability
Subject to Section (e), if any part or parts of this Arbitration Agreement are found under the law
to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Arbitration Agreement shall continue in full force and
effect.
(h) Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with us.
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]
