Agreement between user and ReserveMyCourt LLC

Welcome to Reserve My Court. The ReserveMyCourt Website, Mobile Applications and Services (the “RMC Site”) is operated by ReserveMyCourt, LLC (“ReserveMyCourt”). RMC Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of RMC Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. RMC Site is a E-commerce Site. ReserveMyCourt provides tennis communities and clubs with an online court reservation system. In addition to tennis courts, facilities can use ReserveMyCourt to reserve and manage access to other amenities. Facilities may utilize the standard service plan provided under these terms and conditions for an annual subscription fee of $50 per court and/or reservable amenity with a $300 maximum per year. Facilities may utilize the pro service plan provided under these terms and conditions for an annual subscription fee of $75 per court and/or reservable amenity with a $450 maximum per year.

Privacy

Your use of RMC Site is subject to ReserveMyCourt’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting RMC Site or sending emails to ReserveMyCourt 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 ReserveMyCourt is not responsible for third party access to your account that results from theft or misappropriation of your account. ReserveMyCourt and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ReserveMyCourt does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use RMC Site only with permission of a parent or guardian.

Cancellation/Refund Policy

You have a 30 day trial period when registering a new facility to try the RMC Site as an administrator. After the 30 day trial period, if you wish to continue using the facility on the RMC Site, you must pay the annual or monthly subscription fee. Otherwise, the facility becomes inactive and inaccessible until the annual or monthly fee is paid. Please contact us at support@reservemycourt.com with any questions.

Court/Amenity Fee Collection Policy

Facility administrators may at their full discretion set fees for reserving courts or amenities. If they choose to do so and set those fees to be collected from our site, they will setup a Stripe account under their Club Wallet and collect those fees through their Stripe account. A transaction fee will be charged by Stripe and ReserveMyCourt to the facility per transaction. Users will be notified of the fees prior to completing their reservation. A pre-authorization for the fee amount on the user’s method of payment will be made 48 hours before the reservation. The fee will be charged on the user’s method of payment 24 hours after the reservation. Users should contact their facility administrator to determine their cancelation policies.

Court/Amenity Deposit Policy

Facility administrators may at their full discretion set deposits for reserving courts or amenities. If they choose to do so and set those fees to be collected from our site, users will be notified of the deposit, including a transaction fee, prior to completing their reservation. Users must authorize the deposit, but they will only be charged for the deposit if their administrator chooses to do so after the reservation time has passed. Users may cancel their reservation up to the cancelation period set up by their facility. Deleting a reservation will remove any obligation for the deposit. The deposit and fees will be collected by Stripe.

Group Clinic/Lesson Fee Policy

Facility administrators that are subscribed to ReserveMyCourt’s Pro Service, may at their full discretion set fees for group clinics or lessons. If they choose to do so and set those fees to be collected from our site, they will setup a Stripe account under their Club Wallet and collect those fees through their Stripe account. A transaction fee will be charged by Stripe and ReserveMyCourt to the facility per transaction. Users will be notified of the fees prior to joining the clinic/lesson. A pre-authorization for the fee amount on the user’s method of payment will be made 48 hours before the clinic/lesson. The fee will be charged on the user’s method of payment 24 hours after the clinic/lesson. Users should contact their facility administrator to determine their cancelation policies.

Transaction Fee Policy

All fees collected from the site on behalf of our subscribing clubs/communities are subject to a transaction fee. Transaction fees are set at the sole discretion of ReserveMyCourt and Stripe and may be changed at any time without notice.

Club/Community Fee Reimbursement Policy

Fees collected on RMC site on behalf of our subscribing clubs or communities for reservation fees, deposits, group clinic fees, etc will be done using Stripe. Facility’s will need to setup a Stripe account under their club wallet on the RMC Site. Facility’s can select the frequency the collected fees will be directly deposited into the facility’s bank account. All transactions are subject to a transaction fee which will be retained by ReserveMyCourt and Stripe.

Links to third party sites/Third party services

RMC Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ReserveMyCourt and ReserveMyCourt 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. ReserveMyCourt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ReserveMyCourt of the site or any association with its operators.

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

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use RMC Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ReserveMyCourt 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 ReserveMyCourt 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. ReserveMyCourt 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 ReserveMyCourt 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 ReserveMyCourt 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.

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

ReserveMyCourt 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 ReserveMyCourt’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ReserveMyCourt does not control or endorse the content, messages or information found in any Communication Service and, therefore, ReserveMyCourt 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 ReserveMyCourt spokespersons, and their views do not necessarily reflect those of ReserveMyCourt.

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 or posted on RMC Site

ReserveMyCourt does not claim ownership of the materials you provide to RMC Site (including feedback and suggestions) or post, upload, input or submit to any ReserveMyCourt Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ReserveMyCourt, 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. ReserveMyCourt is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ReserveMyCourt’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 ReserveMyCourt 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 ReserveMyCourt Content accessed through RMC Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ReserveMyCourt, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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. ReserveMyCourt 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 ReserveMyCourt in asserting any available defenses.

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. RESERVEMYCOURT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

RESERVEMYCOURT, 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. RESERVEMYCOURT, 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 RESERVEMYCOURT, 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 RESERVEMYCOURT, 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

ReserveMyCourt 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 Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia 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 ReserveMyCourt as a result of this agreement or use of the Site. ReserveMyCourt’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ReserveMyCourt’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 ReserveMyCourt 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 ReserveMyCourt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ReserveMyCourt 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.

Changes to Terms

ReserveMyCourt reserves the right, in its sole discretion, to change the Terms under which RMC Site is offered. The most current version of the Terms will supersede all previous versions. ReserveMyCourt encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

ReserveMyCourt welcomes your questions or comments regarding the Terms:

Email Address: support@reservemycourt.com

Telephone number:(678) 880-9042

Effective as of August 01, 2018