Accepting the Terms
By using the information, tools, features and functionality offered by SPORT iD (together the “Service”), you agree to be bound by this Agreement, whether you are a “User” (a registered parent of participant) or “Organization” (coach, league or event registered with SPORT iD). The term “you” or “User” refers to a participant. If you wish to become a User or Organization, communicate with other users and organizations and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with SPORT iD (over 18 years of age.)
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of an individual, company or entity that you have the authority to bind such individual or entity.
Privacy and Personal Information
For information about SPORT iD’s data protection practices, please read SPORT iD’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how SPORT iD treats your personal information when you access SPORT iD and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a personal information organization management service that allows Users to consolidate and track their personal information via the SPORT iD app. Based on such information, the Service may also present information relating to third party products or services.
The Service is provided to you by SPORT iD is free of charge and is meant as an aid to assist coaches or parents in aiding medical professionals with emergency situations. It does not and is not intended to provide medical advice.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your LoginID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify SPORT iD immediately via the app.
Your Use of the Service
Your right to access and use SPORT iD and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use SPORT iD for lawful purposes.
Accurate records enable SPORT iD to provide the Service to you and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of SPORT iD may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of SPORT iD or other actions that SPORT iD, in its sole discretion, may elect to take.
SPORT iD may terminate your right to use the Service at any time if you fail to abide by the terms of this Agreement. All Users shall be responsible and shall be held accountable for any and all actions taken by the User.
Online and Mobile Alerts
SPORT iD may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your SPORT iD account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages to help you organize your personal information. SPORT iD may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for SPORT iD. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your SPORT iD Login ID and some information about your accounts. Depending upon which alerts you select, information such as a birthday, calendar date or general data can be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to SPORT iD through the Service, you are licensing that content to SPORT iD solely for the purpose of providing the Service. SPORT iD may use and store the content, but only to provide the Service to you. By submitting this content to SPORT iD, you represent that you are entitled to submit it to SPORT iD for use for this purpose, without any obligation by SPORT iD to pay any fees or other limitations.
By using the Service, you expressly authorize SPORT iD to access your Account Information maintained by identified third parties, on your behalf as your agent. SPORT iD will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit SPORT iD to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.
For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant SPORT iD a limited power of attorney, and appoint SPORT iD as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
SPORT iD’s Intellectual Property Rights
The contents of SPORT iD, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of SPORT iD belong or are licensed to SPORT iD or its software or content suppliers. SPORT iD grants you the right to view and use SPORT iD subject to these terms. You may download or print a copy of information provided on SPORT iD for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from SPORT iD in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
Rules for Posting
As part of the Service, SPORT iD allows Members to post content on bulletin boards, blogs and at various other publicly available locations on SPORT iD. In addition, you agree in posting content to follow certain rules.
You are responsible for all content you submit to SPORT iD, which includes, but is not limited to pictures, text, data, images and other forms of media.
By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and/or perform all or any portion of the content in connection with SPORT iD and our business, including without limitation, for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each User a non-exclusive license to access your posted content through SPORT iD, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of SPORT iD and under this Agreement.
You may not post any content or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that is or encourages conduct that would be considered a criminal offense, gives rise to any civil liability or violates any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of SPORT iD, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of SPORT iD that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
SPORT iD retains the right, but is not obligated, to review, edit or delete any content which we deem to be illegal, offensive or inappropriate.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH SPORT iD OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SPORT iD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF SPORT iD OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
SPORT iD MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON SPORT iD OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SPORT iD MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Not Medical Advice; U.S. Use Only
The SPORT iD Health section does not offer medical advice. Any content accessed through the Health section is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through Google Health. Call 911 or your doctor for all medical emergencies.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. SPORT iD does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that SPORT iD shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on SPORT iD’s Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BY NOT LIMITED TO NEGLIGENCE, SHALL SPORT iD BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING BY NOT LIMITED TO ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO SPORT iD, OR INABILITY TO ACCESS OR USE SPORT iD, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF SPORT iD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SPORT iD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY VIRUSES, INFECTIONS OR OTHER CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE, OR SPORT iD. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SPORT iD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS
Your Indemnification of SPORT iD
You shall defend, indemnify and hold harmless SPORT iD and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to: (a) any breach of this Agreement by you, (b) your use of the Service, your account and your submission of content, and/or (c) any violation of any law by you or the rights of a third party. We reserve the right to assume the exclusive defense and control of any claim, action or other matter subject to indemnification by you.
SPORT iD may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the SPORT iD site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with SPORT iD under this Agreement, shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict or choice of laws provisions. You agree to submit to the personal jurisdiction of Pennsylvania. Any dispute with SPORT iD, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the court system located within Philadelphia County, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case SPORT iD may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, SPORT iD is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with SPORT iD, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if SPORT iD does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SPORT iD has the benefit of under any applicable law), this will not be taken to be a formal waiver of SPORT iD’s rights and that those rights or remedies will still be available to SPORT iD.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.