HeadSET Sports Terms of Service

Welcome to HeadSET Sports. We want you to know and understand your rights as a HeadSET user. The HeadSET Sports Member Terms and Conditions (the “Agreement“) apply to all users (“you“ or “Member“) who access and/or use HeadSET Sports’ various Information platforms for on-line or phone based services, advice, and professional consulting services. This Agreement applies with respect to a Member’s access and/or use of the HeadSET Sports Platform regardless of where such HeadSET Sports Platform is made available.

The HeadSET Sports Platform is made available on HeadSET Sports’ websites at www.headsetsports.com or through the HeadSET application. The Sites and application are owned and operated by HeadSET Sports a product of HSG, Inc. and Sports Minded Technologies LP.

In addition to the Sites, the HeadSET Sports Platform(s), or a portion thereof, may also be made available via third party websites. If you have accessed the HeadSET Sports Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. HeadSET Sport is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.

YOU AGREE THAT BY USING THE HEADSET SPORTS PLATFORM YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSIONS TO USE HEADSET SPORTS PLATFORMS. YOU MUST NOT ACCESS HEADSET SPORTS OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM RECEIVING OR USING HEADSET SPORTS UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.

This Agreement sets forth and contains the terms and conditions between you and HeadSET Sports. By checking the box on the member Sign Up page that indicates that you “have read and agree to the HeadSET Sports member terms and conditions” and then clicking the “Continue” button to submit the Member registration form, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND DO NOT OTHERWISE CONTINUE WITH THE MEMBER REGISTRATION PROCESS. In such case you will not be able to register as a Member or otherwise use the HeadSET Sports Platform.

HeadSET Sports may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the HeadSET Sports Platform or a Site after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.

The HeadSET Sports Information Platform and Content Made Available via the HeadSET Sports Information Platform

The HeadSET Sports Platform allows Members to locate a HeadSET Sports Coach and ask questions, ask to be listened to, or request advice and/or services directly from such HeadSET Coach. HeadSET Sports, enables a Member to negotiate and communicate directly with the Coach and pay for the services purchased by the Member from such Coach.

Member acknowledges and agrees that Coaches are neither employees nor agents nor representatives of HeadSET Sports, and HeadSET Sports assumes no responsibility for any act or omission of any such HeadSET Sports Coach.

As further described in this Agreement, HeadSET Sports makes no representation or warranty whatsoever as to (a) the accuracy or availability of the HeadSET Sports Information Platform or the Sites, (b) the willingness or ability of the HeadSET Sports Coach to listen, (c) the willingness or ability of any HeadSET Sports Coach to give advice, (d) whether the Member shall find a HeadSET Sport’s Coach listening useful or satisfactory, (e) whether the Member shall find a HeadSET Sports Coach’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the HeadSET Sports Coach will be helpful, (g) whether the advice of the HeadSET Sports Coach will be responsive or relevant to the Member’s question/present situation, or (h) whether the HeadSET Sports Coach’s advice will otherwise be suitable to the Member’s needs. HeadSET Sports does not verify the skills, degrees, qualifications, credentials or background of any HeadSET Sports Coach. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials and background of each HeadSET Sports Coach from whom he or she receives or contemplates to receive advice or services.

The HeadSET Sports Information Platform and Sites may include bulletin boards which allow Members to post questions to Coaches regarding various topics and allow HeadSET Sports Coaches to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, HeadSET Sports DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR Coach ADVICE PROVIDED AND HeadSET Sports/HSG, Inc./Sports Minded Technologies LP, WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

INFORMATION FURNISHED BY HEADSET SPORTS COACHES IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ANY CONSULTATION WITH A HeadSET Sports Coach VIA THE HEADSET SPORTS PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. MEMBER IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY HeadSET Sports Coaches. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER’S FULL AND SOLE RISK AND LIABILITY.

HEADSET SPORTS COACHES ARE NOT LICENSED PROFESSIONALS UNLESS EXPLICITLY STATED IN THEIR PROFILE. HEADSET SPORTS COACHES ARE CONSULTANTS. THEY DO NOT PARTICIPATE IN ANY MEDICAL OR MENTAL HEALTH PRACTICE; THEY DO NOT DIAGNOSE, PROVIDE TREATMENT PLANS, OR INTERVENE.

HeadSET Sports IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND HeadSET Sports DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH HeadSET Coach(s).  HeadSET Sports STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A LICENCED QUALIFIED PROFESSIONAL.

 

ADDITIONAL TERMS RELATED TO INTERACTIONS WITH MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER COACHES IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION.

This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.

IF A MEMBER CHOOSES TO INTERACT ON OR THROUGH THE HEADSET SPORTS PLATFORM WITH ANY MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER COACH IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, THE MEMBER RELATIONSHIP (AS WITH ALL OTHER HeadSET Coach(s)) IS STRICTLY WITH THAT PERSON. HeadSET Sports IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND HeadSET Sports DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH PERSON.

THE ADVICE OR INFORMATION PROVIDED BY MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS AND PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR OR OTHER HEALTH PROFESSIONAL. HeadSET Sports STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.

THE ADVICE OR INFORMATION PROVIDED BY ATTORNEYS AND OTHERS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR AN IN-PERSON MEETING.

HeadSET Sports DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY OR EVALUATE, OR OTHERWISE PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO, ANY MENTAL HEALTH PROFESSIONAL, MEDICAL PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL OR COACH ON THE SITE. MEMBER UNDERSTANDS THAT IT IS HIS OR HER RESPONSIBILITY TO CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONALS WITH THE APPLICABLE STATE/PROVINCIAL LICENSING BOARD OR AUTHORITIES IN THE INDIVIDUAL’S STATE/PROVINCE OR COUNTRY.

Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional HeadSET Coach may have been accessed through HeadSET Coach Information Platform or a Site, HeadSET Sports, HSG Inc., and Sports Minded Technologies LP cannot predict or assess the competence of, or appropriateness for Member’s needs, of the professional or other HeadSET Sports. Member also acknowledges and agrees that Member takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other HeadSET Sports Coach through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other professional, and that the role of HeadSET Sports is strictly limited to providing access to such professionals and other HeadSET Sports Coach(s) for Member’s consideration.

Member hereby releases and agrees to hold harmless HeadSET Sports, HSG Inc., and Sports Minded Technologies LP, and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other professional in a field requiring licensure and/or certification, who may be accessed through the HeadSET Sports Coach(s) Information Platform or any Site.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Disclaimer of Warranty

HeadSET Sports DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY HeadSET Coach OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY COACH. NOTHING CONTAINED IN THIS AGREEMENT, ON THE HeadSET Coach Information PLATFORM, ON ANY SITE, ON ANY THIRD PARTY SITE OR PROVIDED OTHERWISE SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY HeadSET Coach; (B) THE HeadSET Coach Information PLATFORM; (C) ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY HeadSET Coach OR OTHERWISE MADE AVAILABLE ON THE HeadSET Coach Information PLATFORM; OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE SAID OR WRITTEN BY ANY HeadSET Coach, INCLUDING ANY BIOGRAPHICAL INFORMATION, QUALIFICATIONS, OR OTHER INFORMATION SPOKEN BY ANY HeadSET Coach OR CONTAINED IN OR MADE AVAILABLE ON THE HEADSET SPORTS PLATFORM, ANY SITE, ANY BLOG OR ANY OTHER FORUM.

MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND HeadSET Coach Information PLATFORM ARE PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST HeadSET Sports, HSG Inc., and/or Sports Minded Technologies LP, ITS AFFILIATES, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE HeadSET Coach Information PLATFORM OR ANY HeadSET Coach. THE USE OF A SITE AND THE HeadSET Coach Information PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, HeadSET Sports, HSG Inc., and Sports Minded Technologies LP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

HeadSET Sports EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY HeadSET Coach(s). IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A HeadSET Coach(s), MEMBER MUST EXERCISE A HIGH LEVEL OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST HeadSET Sports, ITS AFFILIATES, AND/OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND/OR AGENTS WITH RESPECT TO ANY SERVICE OR ADVICE MEMBER RECEIVES, USES AND/OR RELIES ON. HeadSET Sports WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY HeadSET Sports Coach(s) SERVICES PROVIDED OR OTHER INFORMATION ACQUIRED THROUGH THE HeadSET Sports Coach Information PLATFORM OR THE SITES. THE PURCHASE OF THE SERVICES OF ANY HeadSET Sports IS ENTIRELY AT THE MEMBER’S SOLE RISK.

HeadSET Sports DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR: (1) THE ACCURACY OR AVAILABILITY OF ANY SITE OR THE HeadSET Sports Coach Information PLATFORM; OR (2) ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO ANY SITE, THE HeadSET Sports Coach Information PLATFORM AND/OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY HeadSET Sports Coach(s).

Additional Disclaimers

HeadSET Sports, HSG Inc., and Sports Minded Technologies LP, WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A HeadSET Sports Coach AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A HeadSET Sports Coach.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE HeadSET Sports Coach Information PLATFORM OR A SITE, THE MEMBER HEREBY RELIEVES HeadSET Sports, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Limitation of Liability

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT HeadSET Sports, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) HeadSET Sports, HSG Inc., and Sports Minded Technologies LP, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO HeadSET Sports Coach(s) THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (B) HeadSET Sports, HSG Inc., and Sports Minded Technologies LP, DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A HeadSET Sports Coach(s) IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD HeadSET Sports, HSG Inc., and Sports Minded Technologies LP, HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by HeadSET Sports (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting your HeadSET Information Platform. If you have signed up through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by HeadSET Sports, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via info@headsetsports.com

Fees

In order to access certain functionality of the Services, you may be required to pay membership fees. These membership fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your HeadSET Sports account, whether on a one-time or subscription basis. HeadSET reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Auto-Renewal

Membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Premium membership at any time, as described below.

Cancellation

You may cancel your membership by visiting your HeadSET Sports Information Platform or by contacting us at info@headsetsports.com. If you signed up through the Google Play or iTunes store, you may cancel your membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your membership ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although the membership fees may have increased.

Free Trials

Your membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, you will be asked to upgrade your account to a membership subscription (i.e., either monthly or yearly) after the free trial has ended. If you decide not to upgrade, your account will be open to you, but will be dormant.

Member Affirmation, Conduct, and Use

By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:

You are at least 13 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.

You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.

You are solely responsible for verifying the HeadSET Sports Coach(s) identity, qualifications, credentials, biographic information, licenses held and other information.

HeadSET Sports is not involved in any transactions between you and any HeadSET Sports Coach(s).

HeadSET Sports is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the HeadSSET Sports Coach(s).

HeadSET Sports does not control the quality, relevance or accuracy of any listening or advice provided by a HeadSET Sports Coach, and HeadSET Sport does not determine whether any HeadSET Sports Coach(s) is qualified to provide any specific advice, whether a HeadSET Coach is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the HeadSET Sports Coach Information Platform or a Site or any transmissions through the foregoing by a Member or a HeadSET Sports Coach(s) is accurate, correct, relevant or appropriate.

All interactions between you and a HeadSET Sports Coach(s) will be billed through the HeadSET Coach(s) Information Platform regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with a HeadSET Sports Coach(s) while using the Sites and to pay to HeadSET Sports all fees for services rendered to you by HeadSET Sports Coach(s).

Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any HeadSET Sports  servers, networks or equipment connected to a Site.

Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site.

Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site.

Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any “junk mail”, “spam”, or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.

Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by HeadSET Sports.

Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.

Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.

HeadSET Sports may enable the transfer of files between Members and HeadSET Sports Coach(s). When opening such file attachments received from HeadSET Sports Coach(s) it is the Member’s responsibility to scan them with an anti-virus software application prior to opening them.

Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.

Member will not stalk, threaten or harass any HeadSET Sports Coach(s) or Member or infringe upon or attempt to infringe upon their privacy.

HeadSET Sports may elect, but is not required, to review the Member’s personal profile and amend any typing or spelling errors. HeadSET Sports does not examine the validity or accuracy of the details in the Member’s personal profile or in any of the Member’s postings or transmissions. Without derogating from the above or any other term of this Agreement, HeadSET Sports may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or HeadSET Sport’s services, including reliance on its accuracy, reliability or legality.

User Name and Password

When you, the Member, create and open an account with HeadSET Sports, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify HeadSET Sports of any unauthorized use of Member’s password, user name, e-mail, or any other breach of security. HeadSET Sports encourages Member to change their password at least once a month. HeadSET Sports, HSG Inc., and Sports Minded Technologies LP, will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. HeadSET Sports will hold you liable and responsible for any losses incurred by HeadSET Sports due to someone else’s use of your account or password.

Links

The Sites may contain links or other content related to websites, products and/or services offered by third parties. HeadSET Sports has no control over any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that HeadSET Sports is not responsible for the availability of such third party links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that HeadSET Sports will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. HeadSET Sports encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.

 Research

HeadSET Sports conducts research on our global platform. This research looks at how different activities on HeadSET Sports (individual chatting, group chatting, growth path exercises etc.) impact wellness and performance feedback test scores and scores on other measures provided. Additionally, researchers from universities also conduct research on HeadSET Sports. For example, there are several studies presently being prepared/conducted on HeadSET Sports that look at how HeadSET Sports Coach(s) establish a connection or therapeutic alliance with guests or members. Other studies hwill investigate how HeadSET Sports helps people struggling with performance worry/stress. All data is anonymized (or anonymous). All research done by university researchers is approved by their institutional review board and HeadSET Sports. Research and outcomes are key to helping people make real change and progress in their lives.

Advertisements

HeadSET Sports may include in the Sites advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a website of the advertiser or receive other messages, information or offers from the advertiser.

The Member acknowledges and agrees that HeadSET Sports is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.

Modifications and Termination of Services

HeadSET Sports reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that HeadSET Sports shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by HeadSET Sports, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.

HeadSET Sport’s services depend on various factors such as software, hardware and communications networks of HeadSET Sports, its contractors and suppliers. HeadSET Sports does not guarantee that HeadSET Sport’s service will be uninterrupted or that it will be timely, secure or error-free.

HeadSET Sports, in its sole discretion and for any reason, may terminate Member’s participation in the services and refuse any and all current or future use by Member of the Sites.

Intellectual Property

The Sites contain copyrighted material, trade secrets and proprietary information owned by HeadSET Sports or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by HeadSET Sports. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of HeadSET Sports or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.

The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of HeadSET Sports or its licensors, or take any other action that infringes upon or impairs HeadSET Sport’s trademark or other intellectual property rights.

HeadSET Sports or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, HeadSET Sports or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

Privacy

By registering as a Member and agreeing to the terms and conditions of this Agreement, you are also agreeing to the terms of HeadSET Sports Privacy Policy available at http://www.headsetsports.com . HeadSET Sport’s Privacy Policy is incorporated into and deemed a part of this Agreement.

Legal Requirement to Disclose

HeadSET Sports MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF HeadSET Sports REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.

Copyright Policy

HeadSET Sports respects the intellectual property of others, and we ask our users to do the same.

HeadSET Sports may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HeadSET Sports’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Sites, including the URL;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HeadSET Sport’s Copyright Agent for Notice of claims of copyright infringement can be reached via email at: info@headsetsports.com .

Limited License

HeadSET Sports grants Member(s) a limited, non-exclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.

Indemnification

Member shall defend, indemnify and hold HeadSET Sports, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member’s refusal to pay for services provided by any HeadSet Coach; (c) any content Member submits, posts or transmits through a Site and/or the HeadSet Sports Platform or otherwise provided by Member; and (d) Member’s use of any Site and/or the HeadSet Sports Platform. This section shall survive expiration or termination of this Agreement.

Notice

HeadSET Sports may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the HeadSET Sports Coach(s) Information Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Sites and/or the HeadSET Sports Coach(s) Infomation Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to HeadSET Sports must be delivered via email to: info@headsetsports.com .

No Assignment

You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of HeadSET Sports. Any purported assignment without the prior written approval of HeadSET Sports will be null and void and of no force or effect.

 Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of California and the Province of Ontario Canada (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in San Diego, California and Toronto, Ontario Canada. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between HeadSET Sports and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by HeadSET Sports with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States and/or Canada are not permitted to use or access the HeadSET Sports Coach(s) Information Platform or the Sites.

No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Support and Questions

We will respond to any questions regarding the Services and these terms via our email – info@headsetsports.com. HeadSET Sports is a product of HSG, Inc. and Sports Minded Technologies, and is a CA based corporation.