Last Updated October 19, 2019
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Fees and Refunds
1. There maybe content that is free at time of publishing or release, and is "free" - this content free content may changed to a fee at anytime we chose.
2. Fee Changes. Fees for use of Service, including fees for viewing or purchasing courses (“Fees”), are subject to change at any time, with or without notice, and without liability to you or any third party.
3. Refunds. If you are not satisfied with a course within 30 days after purchasing through eA.TV, you may request a refund by e-mailing us at email@example.com. In your email, please provide us with a detailed description of the reason that a refund is being requested. It is our discretion to issue a refund upon assessing the reasonableness of the refund requested. There is no guarantee that a refund will be issued. If you notify us within 30 days of your purchase that you are unable to view a course due to a technical issue on eA.TV’s end, we may, in our sole discretion, choose to replace the defective media (if possible) or refund the applicable fee, in whole or in part. Courses that have been downloaded are not eligible for refunds. If you abuse this refund policy, as determined by eA.TV in our sole discretion, you may no longer be able to get a refund and/or access your eA.TV account.
4. General. Unless otherwise stated, all Fees are payable in U.S. Dollars. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorize us and our third-party payment service providers to collect such Fees using a credit card or other payment method you provide to us.
1. To You.
a. Consumer User License. Subject to and in accordance with these Terms and other guidelines or instructions as applicable, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any courses purchased by you. Your purchase of any course entitles you only to view that course in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any courses you have purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this section or these Terms to any person or entity and any attempt to do so is void.
b. Business License (enterprise). Subject to and in accordance with these Terms and a particularized master services agreement (“MSA”), you may purchase a limited, non-transferable, non-sublicensable, non-exclusive, revocable license for your entity (“Business License”). Your Business License entitles you only to view courses in accordance with the foregoing license and subject to the terms of the applicable MSA, and is not a purchase of the software or content constituting or included in the course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any courses that you have purchased unless you have violated these Terms. This license is personal to your entity and cannot be used for personal use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or other entity and any attempt to do so is void.
2. To Us.
a. General. You may provide video of yourself or photos exhibiting your sports performance to be posted on eA.TV (“User Content”). By doing so, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable right and license to store, use, reproduce, perform, make available to the public, publish, distribute and display the User Content on eA.TV. If you have published, made public or shared your User Content with others through the Service, or if your User Content is shared through any social media pages (including our social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share or otherwise include your User Content, even if the content has been removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in and to your User Content. We will not offer any UserContent for sale or otherwise directly monetize it in any way.
b. User Content Participation. As noted in Section 2(b), we want to provide you the best instructional/coaching experience possible and encourage you to submit your User Content for discussion in our courses, in which case we may display your User Content in the course and any recording of the course thereafter, and also reference you and your User Content. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to: (1) use any information included in your UserContent section, including your name, picture, voice, appearance, likeness, statements, performance, and biographical information (e.g., Twitter handle)(your “Publicity Rights”); and (2) copy, distribute, perform, display, modify and create derivative works of, and exploit, your Publicity Rights (in whole or part) and your User Content in the Service, including to advertise, promote or market all or portions of the Service and related programs and courses (e.g.,blog posts, promos, marketing, compilations, mini-series or best-of). This license includes our right to use other works containing or based on your User Content without any restriction as to changes or alterations, and User Content may be edited, modified, used in derivative works, distorted, included in composites, or otherwise used in unexpected contexts, manners, or forms, subject to the license above. We will not offer any User Content for sale or otherwise directly monetize it in any way.
Please keep in mind that the works we choose to include in a course depend on how well the work fits in with any coaches’ discussions, goals and strategy. As such, we have discretion over which works will appear in a course and are not obligated to include your User Content in the Service or exercise any of our rights and licenses herein. You irrevocably waive the right to inspect or approve any uses of your Publicity Rights and/or your User Content.
Requirement for User Content
You shall not have any right to terminate the permissions, rights and licenses granted herein for your UserContent, nor may you or any third party on your behalf seek, obtain, or enforce any injunctive or other equitable relief against eA.TV, all of which such rights are hereby expressly and irrevocably waived by you in favor of, and for the benefit of eA.TV.
Release/Indemnity for User Content
Users understand and agree that they may be exposed to content that is offensive or objectionable.
You are solely responsible for your interactions with other users on our site and theirUser Content. Elite Athletes TV LLC reserves the right, but has no obligation, to monitor disputes between or among users. To report a problem please send written notice to Elite Athletes TV LLC at: firstname.lastname@example.org
You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv)remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, “frame,” “mirror,”“in-line link” to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party's intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service.
Our Proprietary Rights.
All content included in the Service and originating with us, including website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of ours or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Service or any part thereof.eA.TV and all related logos, graphics and icons are service marks or trademarks of Elite Athletes TV LLC. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of the Terms. We may terminate your account, delete any content or information that you have posted on the website, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Third Party Content; Applications, Hyperlinks.
The Service includes social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third-party services, websites, applications, and materials. We have no ownership or control over such third-party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third-party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.
User-Generated Feedback. We value hearing from our users, and are always interested in learning about ways we can make our Service better.Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. we will be free to use such Feedback in any manner without any obligation to you.
Reservation of Rights. We reserve the right, but do not have the obligation, to monitor the content and transactions on or through theService. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to theService, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
Disclaimer; Limitation of Liability.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELITEATHLETES TV LLC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELITE ATHLETES TV LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv)THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Exclusions and Limitations
THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY OR BE ENFORCEABLE WITH RESPECT TO YOU.IF YOU ARE A USER FROM NEW JERSEY,THE FOREGOING SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OFNEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE FOREGOING SECTION.
As Is Basis
ALL COURSES ARE BEING PROVIDED ON AN AS-IS BASIS AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND OF A GENERAL NATURE. INFORMATION AND MATERIALS CONTAINED IN COURSES ARE NOT SPECIFIC TO YOUR INDIVIDUAL CIRCUMSTANCES AND GOALS, AND ARE NOT INTENDED TO CONSTITUTE OR REPLACE THE ADVICE OF A QUALIFIED, LICENSED PROFESSIONAL WHERE REQUIRED.STATEMENTS AND OPINIONS EXPRESSED IN THE COURSE ARE THOSE OF THE INSTRUCTOR ONLY AND eA.tv MAKES NO REPRESENTATION OF THE ACCURACY OR RELIABILITY OF THE STATEMENTS.
DISPUTE RESOLUTION BY BINDING ARBITRATION. (PLEASE READ THIS SECTION CAREFULLY.)
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE,THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
2. Pre-Arbitration Dispute Resolution.
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to:
c/o Elite Athletes TV, LLC
9000 Crow Canyon Rd. S234
Danville, CA 94506
By email: firstname.lastname@example.org
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
3. Attorneys’ Fees
Should suit or arbitration be instituted between or against the parties, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this ArbitrationAgreement (other than the subsection titled “Prohibition of Class andRepresentative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and thisArbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled“Prohibition of Class and Representative Actions and Non-Individualized Relief ”are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
6. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. The parties consent to personal jurisdiction, and waive all objections and challenges to venue and jurisdiction, within ContraCosta County, California. These Terms and any other policies referenced herein constitute the complete agreement of the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements between the parties whether written or oral. Any additional terms in any written or oral communication from you to us are void. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.We may assign these Terms, including any rights and licenses granted to us hereunder. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The parties are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision herein will not affect the validity or enforceability of any other provision herein, all of which will remain in full force and effect. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Whenever the words “include,”“includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”
Our community standards
1. Be kind — No harassing, threatening, libelous, racist, abusive, hateful, violent or obscene language, behavior or photos.
2. Be clean — Any posts, user names, photos or other content that are profane, sexually graphic, or offensive are not allowed.
4. Be on-topic — Do not spam or solicit or post commercial advertising. This includes repetitive or irrelevant content.
Elite Athletes TV takes all violations of our Community Standards seriously. If you would like to appeal your warning or suspension, you may contact Elite Athletes TV directly by sending an email to email@example.com.