Term & Condition

[SwipeZone Sports] Terms of Use

Last Updated February 12, 2024

These Terms of Use apply to the [SwipeZone Sports] service, whether provided through a mobile device, mobile application, or computer (collectively, the “Service”). This Service is owned and operated by [SwipeZone Sports L.L.C.] and its affiliates (collectively, “SZS” or “we”). You should read these Terms of Use carefully. Your access to and use of the Service is governed by these Terms of Use, which are a legally binding contract between you and SZS. In addition, when using the Service and/or accessing certain materials on or through the Service, you are subject to any additional posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICE OR PROVIDE US WITH YOUR INFORMATION.

Amendments to Terms of Use

SZS reserves the right to change these Terms of Use, our Privacy Policy, and any of its other terms, conditions and rules relating to the Service at any time. SZS will notify you of such changes by posting the changes on the Service. You are responsible for regularly reviewing the Service and these Terms of Use regarding such changes. Continued use of the Service after any such changes have been posted shall constitute your agreement to them.

Eligibility

The Service is available only to individuals who are at least 13 years old. You represent and warrant that you are of legal age to form a binding contract. If we have actual knowledge that you are under the age of 13 (or the minimum age at which a person may use the Service in your state, province, or country without parental consent, if greater), we will cease providing Service to you and delete your account and your data. SZS may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Use of Service, Materials, and Content

Through this Service, SZS may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Service (collectively, “Materials”); and (b) various services, tools, software, and functionality (collectively, “SZS Content”). SZS and its licensors grant to you a personal, non-exclusive, non-transferable right to use the SZS Content and access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. In these Terms of Use, all references to the Service shall be deemed to include all Materials and SZS Content unless otherwise expressly indicated. All rights not expressly granted by SZS to you are retained by SZS and its licensors, and you may not use the Service and/or any element of the Service in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Service, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Service design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Service are subject to the trademark rights of SZS, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Service; (b) modify, enhance, adapt, translate, or create derivative works of the Service; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Service; (d) decompile, disassemble or reverse engineer the Service; (e) reproduce or make copies of the Service; (f) "frame" or "mirror" the Service on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Service for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing SZS's name or trademarks without our express written consent. You acknowledge that certain elements of the Service are, or may in the future be, licensed to SZS by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of SZS. Our trademarks cannot be used without a separate license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SZS. All other trademarks not owned by SZS that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SZS.

SZS and its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Service, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Service, or any element thereof.

Service Access and Registration

As a condition to using certain aspects of the Service, you may be required to register with SZS and select a password and username. You must provide SZS with accurate, complete, and updated registration information. You are responsible for the security of online access to this Service, including access to any user account, and you must protect the confidentiality of your username and password. You should not share your password or username with any other person or entity other than your parent or guardian, if applicable. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact SZS immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Service that make use of your password and/or username.

User Content

This Service may include user interviews, forums, postings, or other interactive areas or community features, and we allow you and others to submit or contribute content and materials such as photos, videos, comments, ideas and suggestions, or other information or content via the Service or otherwise (“User Content”). You are solely responsible for any User Content that you contribute, and you, not SZS, have full responsibility for such User Content. You may see or read things that you do not like or agree with on our Service. You understand that by using our Service, you may be exposed to User Content that you find offensive, indecent or objectionable. User Content does not reflect the views of SZS, and SZS takes no responsibility and assumes no liability for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content.

Intellectual Property Rights. All User Content is considered non-confidential and non-proprietary. SZS will not have any ownership rights in any elements of your User Content; however, SZS requires certain licenses to provide the Service. By contributing User Content, you grant SZS a non-exclusive (except that SZS’s license shall be exclusive with respect to derivative works created through use of the Service), royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in our discretion such User Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize, subject to our Privacy Policy.

You agree that any User Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service.

Your Responsibilities. You represent and warrant that you own all rights to your User Content or have the right to give SZS the rights described above and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You promise that your User Content will comply with all applicable laws, and will not:

Contain any material which is defamatory, indecent, libelous, obscene, offensive, hateful, scandalous, violent, threatening, or inflammatory;
Promote sexually explicit or violent material;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person;
Violate the legal rights (including the rights of publicity and privacy) of others or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

If you breach these guidelines or other provisions of these Terms of Use, we may take such action as we deem appropriate, including but not limited to: (a) terminating your right to use the Service; (b) removing any User Content; (c) disclosing your identity or other information about you to any third party who claims that your User Content violates their right; and taking legal action against you (including referral to law enforcement). We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through our Service, and you agree to hold us harmless from any actions we take because of such requests.

Removal of User Content. You understand and agree that we may monitor or review any User Content you post as part of the Service. However, we have no obligation to restrict or monitor User Content in any way, and we may not be able to review the User Content before it is posted on the Service. We also cannot ensure prompt removal of objectionable material. If you believe any User Content violates these Terms of Use or is otherwise objectionable, please contact us as detailed at the end of these Terms of Use and we will evaluate your complaint. We reserve the right, in our sole discretion, to refuse or delete any User Content. Should User Content be deemed illegal, SZS will cooperate with the proper authorities as necessary. If we determine, in our sole discretion, that any User Content submitted by you is offensive, inappropriate, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, we may edit or remove the User Content or terminate your account.

Copyright Disputes

If you believe any User Content or other materials on our Service infringes a copyright you own or control, you may report such infringement to us in accordance with the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) by submitting a complaint to: contact@swipezonesports.com.

Prohibited Behaviors

Your ability to use this Service depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Service and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Service. You agree not to engage in:

Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Service.
The unauthorized access, monitoring, collection, or use of data, systems or networks.
Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service, or cause others to do so.
Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, you must comply with all applicable laws, rules and regulations related to your use of the Service, including data protection and privacy laws.

Feedback

If you provide SZS with any comments, suggestions or other feedback with respect to the Service or any component thereof (collectively, “Feedback”), SZS, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Service, without obligation to you. SZS will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of SZS resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Service.

Consent to Collection and Use of Usage Data

You agree that we may collect, use and share certain information about you and your use of the Service, including but not limited to technical information about our services, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Service (collectively, “Usage Data”). SZS uses Usage Data to improve its products and the Service, facilitate the provision of Service updates, and provide support and other service to you. Usage Data is automatically transmitted to SZS by the Service. You acknowledge and agree that SZS retains sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. SZS may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.

Privacy

We have a policy that addresses the privacy of your personal information. Your use of our Service is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Service. We reserve the right to monitor some, all, or none of the areas of this Service for adherence to these Terms of Use.

Third Party Service Providers

SZS may use third party service providers to help develop and maintain this Service and to provide specific services offered through this Service. You agree that the terms and conditions set forth in these Terms of Use inure to the benefit of any third-party service providers engaged by SZS. All references to SZS are deemed to include its agents and service providers.

Third Party Information

When you are on the Service, you could be directed to other sites that are beyond SZS's control. SZS is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. SZS provides such links only as a convenience to you. SZS has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third-party sites linked to this Service or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Territory

SZS operates this Service from the United States. SZS makes no representation that content and materials on this Service are legal or appropriate for use outside the United States. Please keep in mind that this Service may not conform with the laws of your country. If you access this Service from outside the United States, you do so at your own risk. You may not use the Service in violation of United States export laws and regulations.

Disclaimer of Warranties; Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SERVICE, INCLUDING ALL MATERIALS, SZS CONTENT, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS SERVICE, IS PROVIDED BY SZS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BY USING THIS SERVICE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE SZS AND ITS THIRD-PARTY SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SERVICE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SERVICE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH SZS MAY UPDATE THIS SERVICE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. SZS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL SZS, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SERVICE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

ANY CLAIM RELATED TO THE SERVICE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. SZS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SERVICE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SERVICE, RESULTING FROM CAUSES OUTSIDE OF SZS CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless SZS, and its parents, subsidiaries, affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Service, your connection to this Service, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Service, including, but not limited to, costs incurred for Internet access.

Modification of the Service and Termination

SZS strives to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing.

SZS may terminate your access to this Service at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Service or any portion of it, restrict the time the Service is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Service under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Service. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and SZS's rights in the Service, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and SZS related, in any way, to the Service and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of SZS to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SZS in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

Additional Terms for Apple Users

In addition to all other terms contained herein, if you download our application from Apple, Inc. (“Apple”), you agree to the following:

Acknowledgement. You acknowledge that these Terms of Use are concluded between you and SZS only, and not with Apple. SZS, and not Apple, is solely responsible for the Service and the content thereof.
Usage Limitations. Your use of the Service is subject to the Usage Rules set forth in the Apple Service Store Terms and Conditions.
Maintenance and Support. You and SZS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the Service.
Failures. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for the Service to you. To the maximum extent permitted by applicable law, Apple has and will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SZS’s sole responsibility.
Third Party Claims. SZS, and not Apple, is responsible for addressing any claims made by you or a third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claims that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and SZS acknowledge that, in the event of any third party claim that the Service or your use of the Service infringes that third party’s intellectual property rights, SZS, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiary. You understand and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof.

Developer Name and Address

This Service was developed by SwipeZone Sports L.L.C., with an address of [58176 12 Mile Road, New Hudson, MI 48165].

Auto-renewing Subscriptions

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Auto-renewing Subscriptions

Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

How to Contact Us

If you have any questions, complaints or claims about this Service, please contact us as follows:

SwipeZone Sports L.L.C.

58176 12 Mile Road

New Hudson, MI 48165

Attn: Laurie Kort

Email: contact@swipezonesports.com