You may use our Services only if you can form a binding contract with EBRACKET, and only in compliance with these Terms and all applicable laws. When you create your EBRACKET account, you must provide us with accurate and complete information. Any administrative use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
EBRACKET allows you to post content, including files, comments, and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to EBRACKET.
You grant EBRACKET and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, perform, and distribute your User Content on EBRACKET solely for the purposes of operating, developing, providing, and using the EBRACKET Services. Nothing in these Terms shall restrict other legal rights EBRACKET may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from EBRACKET, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
We value hearing from our users, and are always interested in learning about ways we can make EBRACKET better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, EBRACKET does not waive any rights to use similar or related Feedback previously known to EBRACKET, or developed by its employees, or obtained from sources other than you
We care about the security of our users. While we work very hard to protect the security of your content and account, EBRACKET cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by EBRACKET. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from EBRACKET, you do so at your own risk and you agree that EBRACKET will have no liability arising from your use of or access to any third-party website, service, or content.
EBRACKET may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-10 of these Terms.
The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
EBRACKET SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
EBRACKET takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBRACKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL EBRACKET'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with EBRACKET, you agree to first contact us and attempt to resolve the dispute with us informally. If EBRACKET has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and EBRACKET agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that EBRACKET will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EBRACKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by the laws of the State of Wisconsin, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Outagamie County, Wisconsin or the United States District Court for the Eastern District of Wisconsin, for any actions not subject to Section 8 (Arbitration). Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Notification Procedures and changes to these Terms. EBRACKET reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EBRACKET without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and EBRACKET's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We, EBRACKET, the operators of this App and Website, provide it as a public service to our users.
Please carefully review the following basic rules that govern your use of the messaging system within the App and Website. Please note that your use of these messaging components constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the messaging components within the App or Website, provide any materials to the App or Website or download any materials from them.
EBRACKET reserves the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the App or Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the messaging components of the App or Website.
These Terms and Conditions of Use apply to the use of the messaging components within the App and Website and do not extend to any linked third party sites. These Terms and Conditions are an Addendum to the App and Website Terms of Conditions set forth within, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and EBRACKET with respect to the App and Website. Any rights not expressly granted herein are reserved.
You are strictly prohibited from communicating on or through the App and Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the App and Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
EBRACKET may, but are not obligated to, monitor or review any areas on the App or Website where users transmit or post communications or communicate solely with each other, including but not limited to device to device messaging, tournament administrator push notifications, user message boards and email lists, and the content of any such communications. EBRACKET, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. EBRACKET may edit or remove content on the the App or Website at their discretion at any time.