Terms of Service

Last Updated: 28/05/2024

The following terms and conditions ("Terms of Service") are a legal agreement between you and Mates and Me, and govern your access to, and use of, the Matesandme.com website (the "Website"), and your use of any of the services offered by Mates and Me (the “services”).

By accessing, browsing, or otherwise using the Website, you agree to be bound by these Terms of Service and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you have the authority to enter into these Terms of Service personally or on behalf of the third party you have named as the user. The term “you” refers to the individual, team, club, league, or legal entity identified as the user when you registered for the Services. If you do not agree to these Terms of Service or any changes, do not access or otherwise continue to use these Services.

These Terms of Service include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.

These Terms of Service limit the remedies that may be available to you in the event of a dispute.

Registration

In order to access certain features of the Services you may be required to register for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself; and (2) maintain and promptly update such information to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of Canada, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Mates and Me immediately of any unauthorized use of your password or any other breach of security. Mates and Me has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Mates and Me reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Mates and Me, or if you have been previously banned from use of any of the Service.

Services

Mates and Me Services provide a digital platform to manage and organize the activities of organizations, clubs, groups, families, sports teams, etc.

Accessing Content Through the Service

You agree that you will only use the Services and any content you access through the Services for your own internal, personal, non-commercial use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. The Services may contain links or connections to third-party websites or services that are not owned or controlled by Mates and Me. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Mates and Me is not responsible for such risks.

Mates and Me has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Mates and Me will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Ownership

Mates and Me and its licensors own all rights, title, and interest in the Services and Content (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Mates and Me.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Mates and Me or any third party. Any unauthorized use of the Services will terminate the permission or license granted by Mates and Me to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Mates and Me (“Feedback”) is at your own risk and that Mates and Me has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Mates and Me a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. Additionally, if you provide reviews or quotes about any of the Services to Mates and Me (“Reviews”), you hereby grant Mates and Me a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner and all Reviews and to include your first name in connection with Mates and Me’s use of the any such Review.

User Content

You are legally responsible for all data, content or other information ("User Content") uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. Mates and Me does not control the User Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. Mates and Me reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in Mates and Me’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in Mates and Me’s sole discretion, including if we believe that such User Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Mates and Me; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and Mates and Me.

Mates and Me claims no intellectual property rights over the User Content you provide to the Services. Your User Content remains yours. However, you grant to Mates and Me and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the Mates and Me Privacy Policy. You are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing license to the User Content.

Privacy

Refer to Mates and Me’s Privacy Policy to understand how Mates and Me collects, uses and discloses your personal information. Teams, clubs, groups and organizations agree to use any Player, Member or Family Member information that is collected through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by Mates and Me.

Your Liability

You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Mates and Me and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, "User Content") that you submit or a third party submits on your behalf or using your account.

Furthermore, Mates and Me takes no responsibility for any damages, injuries or other consequences that occur from you using Mates and Me content. You accept all responsibility and release Mates and Me from any liability arising out of or relating to your use of such content.

Trademarks and Service Marks

"Mates and Me," "Matesandme.com" and Mates and Me logos are trademarks, service marks or registered trademarks of Mates and Me or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Mates and Me or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Mates and Me’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Mates and Me, and may not be copied, imitated, or used, in whole or in part, without Mates and Me’s prior written permission. All other Mates and Me names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mates and Me.

Links and Third-Party Content

Mates and Me or third parties may provide links on the Services to other sites or content. Mates and Me has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. Mates and Me provides links to you only as a convenience, and the inclusion of any link on the Services does not imply Mates and Me’s affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, Mates and Me’s terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

No Warranties

The Services and content are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. You expressly agree that use of the Services, including all content or data distributed by or downloaded or accessed from or through the Services, is at your sole risk. Mates and Me disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, Services, and all Content available there and in the Website. Mates and Me does not represent or warrant that the Services and Content are accurate, complete, current, reliable or error-free.

Mates and Me is not responsible for typographical errors or omissions relating to text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.

Limited Liability

In no event shall Mates and Me be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use the Services therein or resulting from unauthorized access to or alteration of data.

Mates and Me’s aggregate liability for any actual and direct damages hereunder shall not exceed US$1.

You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and Mates and Me. Mates and Me would not be able to provide the Website or the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Mates and Me’s suppliers as well.

Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.

Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or Service, use of any product or service provided by Mates and Me, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Mates and Me, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Mates and Me should be sent to: noticeofdispute@matesandme.com . After the Notice is received, you and Mates and Me may attempt to resolve the claim or dispute informally. If you and Mates and Me do not resolve the claim or dispute within sixty (60) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Service. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

If you or Mates and Me pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Mates and Me, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms of Service). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law and the Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mates and Me.

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Mates and Me in any court in a suit to vacate or enforce an arbitration award or otherwise, you and Mates and Me waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Mates and Me.

Notwithstanding the foregoing, either you or Mates and Me may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Conduct Policy

Please read this Conduct Policy carefully. It governs your conduct while using the Services.

Any violation of this policy may result in the suspension or termination of your access to the Services and such action as Mates and Me deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.

Prohibited Conduct

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service.

You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You agree not to use an account name, file or directory name, or third level domain (i.e., aaa.matesandme.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services.
You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
You agree not to act in any manner that negatively affects other users' ability to use the Service.
You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You agree not to post content that would be harmful to minors in any manner.
You agree not to intentionally create and/or log in with multiple accounts.

System and Network Security

You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Services or to breach security or authentication measures.
Unauthorized monitoring of data or traffic on the Service.
Interference with the Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Using manual or electronic means to avoid any use or access limitations placed on this Service.

Enforcement

Notwithstanding anything to the contrary in this Conduct Policy, Mates and Me reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Services or its systems, equipment or network. Mates and Me further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that Mates and Me deems objectionable. Without limiting the foregoing, and notwithstanding anything contrary in the Mates and Me Privacy Policy, Mates and Me reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Mates and Me suspects you have violated this Conduct Policy or any law or regulation. Mates and Me also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you want to report any violations of this Conduct Policy, please contact us at: policies@matesandme.com.

General Provisions

You hereby release Mates and Me and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

The Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mates and Me’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mates and Me shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Where Mates and Me requires that you provide an e-mail address, you are responsible for providing Mates and Me with your most current e-mail address. In the event that the last e-mail address you provided to Mates and Me is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of service, Mates and Me‘s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Mates and Me at the following e-mail address: notice@matesandme.com.

Any waiver or failure to enforce any provision of the Terms of service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any provision of the Terms of service is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of service will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

The Terms of service are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.

Please note that the Terms of service are subject to change by Mates and Me in its sole discretion at any time. Your continued use of the Services constitutes your acceptance of such change(s).