Agreement between user and www.GymRatCHALLENGE.com

Welcome to www.GymRatCHALLENGE.com. The www.GymRatCHALLENGE.com website (the "Site") is comprised of various web pages operated by GymRat Basketball, LLC www.GymRatCHALLENGE.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.GymRatCHALLENGE.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.GymRatCHALLENGE.com is an E-commerce Site involving

Team registration and information gathering for participation in athletic and recruiting events

Player profile and online recruiting services through the GymRat RECRUITING INDEX

Privacy

Your use of www.GymRatCHALLENGE.com is subject to GymRat Basketball, LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.GymRatCHALLENGE.com or sending emails to GymRat Basketball, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GymRat Basketball, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. GymRat Basketball, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

GymRat Basketball, LLC collects personally identifiable information from children under the age of thirteen. GymRat Basketball, LLC collects this information for the following reason(s):

GymRat Basketball, LLC collects personally identifiable information for all participating players in all competing age divisions, including children under the age of thirteen. This includes team roster information for participation in GymRat CHALLENGE events and for the determination of compliance with event age requirements.

We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.GymRatCHALLENGE.com only with permission of a parent or guardian.

Access & Pricing

Access to www.GymRatCHALLENGE.com and www.GymRatCHALLENGE.com/GymRat/ is free to all users.

Online recruiting and player profile services through the GymRat RECRUITING INDEX are available at www.GymRatCHALLENGE.com and www.GymRatCHALLENGE.com/GymRat/. Effective September 26, 2018 prices for those services are:

GymRat RECRUITING INDEX ENHANCED Player Profile Service (annual): $149.99/year

Charges for these services will be made on an automated recurring basis until the time of cancellation.

Notification of changes or modifications to pricing or plans will be made in this TERMS & CONDIITIONS document available at www.GymRatCHALLENGE.com/GymRat/ and/or announced via e-mail, text, and/or voicemail communication.

Cancellation/Refund/Unsubscribe Policy

Please note that because of sponsorship agreements, the GymRat CHALLENGE is contractually obligated to a strict REFUND POLICY. That policy dictates that BOYS teams cancelling before April 15th and GIRLS teams cancelling before May 1st will receive a $100 refund. No refunds will be provided to teams cancelling on or after those dates respectively.

GymRat Basketball’s bulk e-mail provider, Constant Contact, provides a SafeUnsubscribe™ link at the bottom of all e-mail communications. That link can be used to quickly and safely unsubscribe to all bulk e-mail communications.

GymRat Basketball’s bulk text provider, EZ Texting, provides an automatic unsubscribe for any recipient that replays STOP to any bulk text communication.

GymRat RECRUITING INDEX e-mail and text alerts occur ONLY when a college coach interacts with your GymRat RECRUITING INDEX profile. These alerts are system generated ONLY by the activity of college coaches within the GymRat system. These alerts are NEVER sent for sales or marketing purposes and can. To stop receiving GymRat RECRUITING INDEX alert e-mails:

1. Log into your GymRat account at https://gymratchallenge.com/gymrat/login/login.html
2. Once logged in, click on the MY PROFILES link that appears in the blue navigation bar on the left side of the screen.
3. Click on the Dashboard icon in the left hand column that coincides with the PLAYER PROFILE that you would like to view. That will take you directly to the PLAYER’S RECRUITING PROFILE.
4. Once on the RECRUITING PROFILE, there will be a link under the player’s name that reads UPDATE ACCOUNT INFORMATION
5. Click that link to view the UPDATE ACCOUNT dialogue box.
6. Scroll to the bottom of the box to the DISABLE E-MAIL ALERTS
1. To disable ALL alerts, click the checkbox next to DISABLE ALL RECRUITER E-MAILS
2. To disable individual alert types, click the checkbox next to the specific alert you wish to discontinue.

Unsubscribing or changing your GymRat RECRUITING INDEX services can be accomplished at any time by any Authorized User of a Player Profile. To unsubscribe or change your GymRat RECRUITING INDEX services:

1. Log into your GymRat account at https://gymratchallenge.com/gymrat/login/login.html
2. Once logged in, click on the MY PROFILES link that appears in the blue navigation bar on the left side of the screen.
3. Click on the Dashboard icon in the left hand column that coincides with the PLAYER PROFILE that you would like to view. That will take you directly to the PLAYER’S RECRUITING PROFILE.
4. Once on the RECRUITING PROFILE, there will be a link under the player’s name that reads UPDATE ACCOUNT INFORMATION
5. Click that link to view the UPDATE ACCOUNT dialogue box and scroll to the bottom of the box in order to make changes to individual e-mail and text alerts, and/or make changes to your subscription status.

Links to third party sites/Third party services

www.GymRatCHALLENGE.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of GymRat Basketball, LLC and GymRat Basketball, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GymRat Basketball, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GymRat Basketball, LLC of the site or any association with its operators.

Certain services made available via www.GymRatCHALLENGE.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.GymRatCHALLENGE.com domain, you hereby acknowledge and consent that GymRat Basketball, LLC may share such information and data with any third party with whom GymRat Basketball, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.GymRatCHALLENGE.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.GymRatCHALLENGE.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to GymRat Basketball, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GymRat Basketball, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GymRat Basketball, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GymRat Basketball, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GymRat Basketball, LLC or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

GymRat Basketball, LLC has no obligation to monitor the Communication Services. However, GymRat Basketball, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GymRat Basketball, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

GymRat Basketball, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GymRat Basketball, LLC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GymRat Basketball, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, GymRat Basketball, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GymRat Basketball, LLC spokespersons, and their views do not necessarily reflect those of GymRat Basketball, LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.GymRatCHALLENGE.com or posted on any GymRat Basketball, LLC web page GymRat Basketball, LLC does not claim ownership of the materials you provide to www.GymRatCHALLENGE.com (including feedback and suggestions) or post, upload, input or submit to any GymRat Basketball, LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GymRat Basketball, LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. GymRat Basketball, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GymRat Basketball, LLC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by GymRat Basketball, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GymRat Basketball, LLC Content accessed through www.GymRatCHALLENGE.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless GymRat Basketball, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GymRat Basketball, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GymRat Basketball, LLC in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GYMRAT BASKETBALL, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GYMRAT BASKETBALL, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GYMRAT BASKETBALL, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GYMRAT BASKETBALL, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GYMRAT BASKETBALL, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

GymRat Basketball, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GymRat Basketball, LLC as a result of this agreement or use of the Site. GymRat Basketball, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GymRat Basketball, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GymRat Basketball, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GymRat Basketball, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GymRat Basketball, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Events Waiver

By registering for a GymRat Basketball, LLC event, all competing teams and all team/club coaches and athletes representing any competing team agree that all team/club coaches and athletes are AAU registered or will be registered prior to the start of the GymRat CHALLENGE. If, in fact, any registered or competing team fails to register any coach or athlete, that team, club, and/or individual hold John Kmack, GymRat Basketball, LLC, AAU of USA, Inc., The Capital DiamondRats, The Adirondack Association of AAU, the GymRat CHALLENGE, and/or any of its sponsors or competition facilities harmless from any liability, direct or indirect, from either my or any of the athletes or coaches representing competing team and the team’s involvement or participation in any GymRat Basketball, LLC event.

By registering for a GymRat Basketball, LLC event, all competing teams and all team/club coaches and athletes representing any competing team agree that any litigation costs incurred by the organizers of a GymRat Basketball. LLC event as a result of competing team’s failure to make payment for any reason, including checks returned for insufficient funds, will be the sole responsibility of the competing team.

By registering for a GymRat Basketball, LLC event, all competing teams and all team/club coaches and athletes representing any competing team agree that any images, videos, or photographs taken during the event are the sole property of GymRat Basketball, LLC including likenesses and images of players and coaches.

Changes to Terms

GymRat Basketball, LLC reserves the right, in its sole discretion, to change the Terms under which www.GymRatCHALLENGE.com is offered. The most current version of the Terms will supersede all previous versions. GymRat Basketball, LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

GymRat Basketball, LLC welcomes your questions or comments regarding the Terms:

GymRat Basketball, LLC
PO BOX 641
Guilderland, New York 12084

Email Address: COMPETE@GymRatCHALLENGE.com

Telephone number: 1-888-7-GYMRAT (1-888-749-6728)

Effective as of September 26, 2018