Terms of Use

Effective Date: March 1, 2015
Last Updated Date: June 18, 2016

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT” OR THESE “TERMS”) CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

1. BY ACCESSING OR USING WWW.TENNISEVOLUTION.COM OR ANY OTHER WEBSITES OF JRS SPORTS, LLC, ITS AFFILIATES OR AGENTS (“JRS”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES OR PURCHASING THE PRODUCTS AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY JRS OR USERS OF THE SITE (“USERS”), COMPLETING THE REGISTRATION PROCESS, MAKING PURCHASES OF PRODUCTS SOLD OR MADE AVAILABLE FROM THE WEBSITE, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, AND (2) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE PERSON YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT PERSON TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

2. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service. If you purchase, download and/or use graphics, video clips, audio clips, and other media content (“Downloaded Digital Content”) from the Website, your purchase, downloading and use of Downloaded Digital Content will be governed by the separate end user license agreement located at the end of these Terms. These Terms of Use and any applicable Supplemental Terms, including the end user license agreement for Downloaded Digital Content are referred to herein as the “Terms.”

3. Please note that the Terms are subject to change by JRS in its sole discretion at any time. When changes are made, JRS will make a new copy of the Terms available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of these Terms of Use. Any changes to these Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

4. Privacy. JRS will not intentionally monitor or disclose any personally identifiable information, including but not limited to email addresses, unless required by law, regulation, court order, or as otherwise stated in our Privacy Policy. User agrees that he or she has had an opportunity to review and accepts the terms of our Privacy Policy, which are incorporated herein by reference.

5. Use of the Website, Services and JRS Materials. The information and content available on the Website and in the Services (as these terms are defined below) (collectively, the “JRS Materials”) are protected by copyright laws throughout the world. Subject to these Terms, JRS grants you a limited license to use JRS Materials (but not the Downloaded Digital Content which are subject to a separate end user license agreement) solely for personal, non-commercial purposes. Unless otherwise specified by JRS in a separate license, your right to use any JRS Materials or Downloaded Digital Content that you access or download through the Website or the Services is subject to the Terms. The Downloaded Digital Content is subject to these Terms and the applicable end user license agreement affixed to the end of these Terms.

A. Updates. You understand that the Website and the Services are evolving. As a result, JRS may require you to accept updates to the Website or the Services that you have installed on your computer or mobile device. You acknowledge and agree that JRS may update the Website, and/or the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Website.

B. Certain Restrictions. You acknowledge that JRS owns all right, title and interest in and to the Website and the JRS Materials and except to the extent expressly permitted in any Supplemental Terms, any rights granted to you when you use the Website or Services are granted personally to you and are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website, including any JRS Materials; and (b) you may not access the JRS Materials in order to build a similar or competitive website or service. Except as expressly stated herein, no part of the JRS Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the JRS Materials shall be subject to these Terms. JRS, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website or the Services terminates the licenses granted by JRS pursuant to the Terms.

C. Third Party Materials. As a part of the JRS Materials, you may have access to materials or websites that are hosted by another party. You agree that it is impossible for JRS to monitor such materials and that you access these materials at your own risk.

6. Registration.

A. Registering your Account. In order to access certain features of the Website, and the Services you may be required to become a Registered User. For purposes of these Terms, a “Registered User” is a User who has registered an account on the Website (“Account”) but may not be a subscriber.

B. Registration Data. In registering for the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Only persons age 13 years or older can create Accounts. Children under the age of majority should review these Terms with their parent or guardian to ensure that the child and the parent or legal guardian understand them. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the JRS Materials or the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or JRS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JRS has the right to suspend or terminate your Account and refuse any and all current or future use of the JRS Materials and/or 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 or your child over the age of 13. JRS 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 JRS Materials and/or the Services if you have been previously removed by JRS, or if you have been previously banned from the Services.

C. Activities. 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 (1) notify JRS immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

D. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the JRS Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use the JRS Materials and the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the JRS Materials and the Services.

7. Responsibility for Content.

A. Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website or the Services, whether publicly posted or privately transmitted, including the JRS Materials (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not JRS, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services or the Website (“Your Content”), and other Users of the Services, and not JRS, are similarly responsible for all Content they Make Available through the Services or the Website (“User Content”). The Service and Website offers digitized versions of training, instructional, sporting, entertainment and other video content (collectively, “Digital Content”) and other products and services under certain terms and conditions as set forth herein. The Service and Website allow you to access and view Digital Content in two different ways: by streaming a copy, or by downloading a copy. As indicated on the product detail and check-out pages of the Website, some Digital Content may be available for streaming only, some Digital Content may be available for download only, and some Digital Content may be available for streaming and download. The Website and Service may allow you to (i) purchase Digital Content for viewing over an indefinite period of time (“Purchased Digital Content”), (ii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period (“Subscription Digital Content”), and (iii) access Digital Content on a free or promotional basis for viewing over a limited period of time (“Free Digital Content”). Digital Content may be available on the Website and Service as Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Website and Service will be indicated on the product detail and check-out pages for that Digital Content on the Website and Service. From time to time, we may add or remove Digital Content from the Website and Service and may change the basis on which Digital Content is available.

B. No Obligation to Pre-Screen Content. You acknowledge that JRS has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although JRS reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that JRS pre-screens, refuses or removes any Content, you acknowledge that JRS will do so for JRS’s benefit, not yours. Without limiting the foregoing, JRS shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

C. Storage. Unless expressly agreed to by JRS in writing elsewhere, JRS has no obligation to store any of Your Content that you Make Available on the Website or via the Services. JRS has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that JRS retains the right to create reasonable limits on JRS’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by JRS in its sole discretion.

8. Ownership.

A. JRS Materials. Except with respect to Your Content and User Content, you acknowledge and agree that JRS and its suppliers, and licensors, own all rights, title and interest in the Website, the Services, the JRS Materials, and all Digital Content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, the JRS Materials or Digital Content.

B. Trademarks. All graphics, logos, service marks and trade names used on the Website, in the JRS Materials and Digital Content, or in connection with the Services are the trademarks of JRS and/or its suppliers and licensors and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website, in the JRS Materials and Digital Content or in connection with the Services are the property of their respective owners. You may not use any metatags or other “hidden text” using JRS’s name or trademarks.

C. Other Content. Except with respect to Your Content or the license rights granted in the Terms, you agree that you have no right or title in or to any Content that appears on or in the Website, or the Services.

i) Content. JRS does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Website or the Services, you represent that you have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

ii) License to Your Content. By submitting Your Content, which shall include your username, to any “public area” of the Website or the Services, you grant JRS a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the JRS, are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted.

iii) Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Website or the Services, you hereby expressly permit JRS to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

iv) Account. 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 JRS.

v) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to JRS through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that JRS 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 JRS 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, in connection with the operation and maintenance of the Website and the Services.

9. User Conduct.

A. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms and, by incorporation, the Downloaded Digital Content License Agreement): (a) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (b) use the Website, Services, JRS Materials, Digital Content, or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or (c) use the Website or Services for any purpose that violates the law or any third party right.

B. Unauthorized Use or Access. You agree that you will not, under any circumstances:

i) Interfere or attempt to interfere with the proper functioning of the Website, Services or JRS Materials or connect to or use the Website, Services, JRS Materials, or Digital Content in any way not expressly permitted by the Terms;
ii) Systematically retrieve data or other content from our Website, Services, JRS Materials or Digital Content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
iii) Use, display, mirror or frame the Website, Services or JRS Materials, or any individual element within the Website, Services, or JRS Materials, JRS’s name, any JRS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JRS’s express written consent;
iv) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, the Website, or the Services, whether through the use of a network analyzer, packet sniffer or other device;
v) Make any automated use of the Website, Services, JRS Materials, or Digital Content or take any action that imposes or may impose (in JRS’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website, Services, JRS Materials or Digital Content;
vi) Bypass any robot exclusion headers or other measures JRS takes to restrict access to the Website, Services, JRS Materials, or Digital Content or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, Services, JRS Materials or Digital Content, or harvest or manipulate data;
vii) Use, facilitate, create, or maintain any unauthorized connection to the Website, Services, JRS Materials, or Digital Content, including, but not limited to: (a) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website, Services, JRS Materials or Digital Content; or (b) any connection using programs, tools or software not expressly approved by JRS;
viii) Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the JRS Materials or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, Services, JRS Materials or Digital Content, or to obtain any information from the Website, Services, JRS Materials or Digital Content;
ix) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website or Services;
x) Upload, post, e-mail, transmit or otherwise make available any material 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;
xi) Solicit or attempt to solicit personal information from other users of the Website, Services or JRS Materials;
xii) Use our Website, Services or JRS Materials to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
C. General. In connection with your use of the Website, Services, JRS Materials, and Digital Content, you shall not, except as expressly permitted in the Terms:
i) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
ii) Harm minors in any way;
iii) Impersonate any person or entity, including, but not limited to, JRS personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
v) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
vi) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
vii) Register for more than one Account or register for an Account on behalf of an individual other than yourself;
viii) Stalk or otherwise harass any other user of our Website, Services or JRS Materials; or
ix) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
D. Investigations. JRS may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, JRS shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although JRS does not generally monitor user activity occurring in connection with the Website, Services, JRS Materials, or Content, if JRS becomes aware of any possible violations by you of any provision of the Terms, JRS reserves the right to investigate such violations, and JRS may, at its sole discretion, immediately terminate your license to use the Website, Services, JRS Materials, or Digital Content, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

10. Fees and Purchase Terms.

A. Purchases and Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge are due and payable. These fees may be for Products purchased, trial periods, free periods, or other promotional products and services as well as all Downloaded Digital Content, Subscription Digital Content and other subscription services, offered via the Website or Services all as described or explained on the product or services pages or on the check-out pages of the Website. You must provide JRS with valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment account that we accept (“Payment Provider”), or purchase order information as a condition to signing up for the Services or purchasing the various services (including subscription services) and Digital Content made available for purchase or access from the Website “Purchases.” Your Payment Provider agreement governs your use of the designated credit card or other payment account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing JRS with your credit card number or other payment account and associated payment information, you agree that JRS is authorized to immediately invoice your Account for all fees and charges due and payable to JRS hereunder or when and as such fees and charges are billed or billable to you, and that no additional notice or consent is required. You agree to immediately notify JRS of any change in your billing address or the credit card or other payment account used for payment hereunder. JRS reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.

B. Taxes. Fees and pricing for Purchases are net of any applicable Sales Tax. If any Services, or payments for any Purchases made, under these Terms are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify JRS for any liability or expense JRS may incur in connection with such Sales Taxes. For purposes of this Agreement, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that JRS is permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxing jurisdiction does not otherwise impose a sales or use tax. JRS may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.

C. Automatic Renewal of Subscription Services. If you have purchased a subscription for access to the Website, Services, Subscription Digital Content or Downloaded Digital Content for a period of time, your subscription will continue indefinitely until terminated in accordance with the terms of this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at JRS’s then current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by emailing us at: [email protected] If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize JRS to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if JRS does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that JRS may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your subscription will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.). We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.

D. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber level access to the Services, JRS Materials, or Digital Content for less than a 30-day period of time must be used within the specified time of the trial. You will be asked for valid credit card information when you sign up for the free trial. We will use the payment information for future subscription fees should you fail to terminate the trial subscription within the timeframe provided by JRS. We will start your trial upon completion of your trial signup. You may cancel your trial subscription without charge at any time during the trial period before it converts to a regular subscription period. If you do not cancel your trial subscription within trial period, your subscription will continue automatically and the agreed upon fee will be billed to the credit card or other billing source provided by you when you signed up for the trial, on the first day of each successive subscription term. Such billing will occur without further notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or the trial period, you may cancel your subscription and terminate future billing by emailing us at: [email protected] You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact JRS to have the charges reversed.

E. Refunds. All Purchases of Products and Digital Content and are final. You may cancel a trial at any time during the trial period and incur no charge. Paid subscriptions and any subscription that is billed on a recurring regular basis may be cancelled at any time but are not eligible for a refund. For initial purchases of recurring subscriptions of one month or longer, you may cancel during the first 30 days and receive a full refund.

F. Disputes. You must notify us in writing within one year after your purchase, if you dispute any of our charges or such dispute will be deemed waived. Billing disputes should be notified to the following address: [email protected]

G. Indemnification. You agree to indemnify and hold JRS Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website or the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. JRS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JRS in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account or the Services.

11. Interactions with Other Users.

i) User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that JRS reserves the right, but has no obligation, to intercede in such disputes.

ii) Content Provided by Other Users. The Website, Services, and JRS Materials may contain User Content provided by other Users. JRS is not responsible for and does not control User Content. JRS has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Your interactions with other Users are solely between you and the other User and we are under no obligation to become involved. You agree that JRS will not be responsible for any liability incurred as the result of such interactions. You understand that JRS does not currently conduct criminal background checks on its users. JRS also does not inquire into the backgrounds of its registered users or attempt to verify the statements of its registered users. JRS makes no representations or warranties as to the conduct of registered users or their compatibility with any current or future registered users. JRS reserves the right to conduct any CRIMINAL background check or other screenings (such as sex offender register searches), at any time and using available public records.

iii) Release. If you have a dispute with one or more Users, you release JRS and its parents, subsidiaries, affiliates, members, managers, officers, employees, agents, partners and licensors (collectively, the “JRS Parties”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

iv) Third Party Services. The Website, Services, and JRS Materials may contain links to third-party websites (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to a Third Party Website or Ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Websites are not under the control of JRS. JRS is not responsible for any Third Party Websites & Ads. JRS provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

12. Disclaimer of Warranties.

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, THE SERVICES, JRS MATERIALS, AND DIGITAL CONTENT IS AT YOUR SOLE RISK, AND THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. JRS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. THE JRS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT, OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE, JRS MATERIALS, OR THE SERVICES WILL BE CORRECTED.

C. THE WEBSITE, SERVICES, JRS MATERIALS, AND DIGITAL CONTENT OFFER EXERCISE, HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. YOU SHOULD CONSULT WITH YOUR MEDICAL PROFESSIONAL BEFORE PARTICIPATING IN SPORTS-RELATED ACTIVITES OR EXERCISE. NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES, JRS MATERIALS OR DIGITAL CONTENT ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

D. ANY CONTENT OR JRS MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE OR THE SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. JRS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JRS OR THROUGH THE WEBSITE OR THE JRS MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

E. YOU ACKNOWLEDGE AND AGREE THAT THE JRS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE JRS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR OWNERS OF DIGITAL CONTENT, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. JRS MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JRS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE WEBSITE OR THE SERVICES.

F. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND THE SERVICES. YOU UNDERSTAND THAT JRS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR THE SERVICES. JRS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT JRS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.

13. Limitation of Liability.

A. DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JRS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THE WEBSITE DIGITAL CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT JRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT, OR THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT OR THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT OR THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, JRS MATERIALS, DIGITAL CONTENT OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

B. CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE JRS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY JRS AS A RESULT OF YOUR USE OF THE WEBSITE, PURCHASE OR USE OF PRODUCTS, JRS MATERIALS, DIGITAL CONTENT, AND THE SERVICES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT CLAIM. IF YOU HAVE NOT PAID JRS ANY AMOUNTS FOR YOUR USE OF THE WEBSITE, PURCHASE OR USE OF PRODUCTS, JRS MATERIALS, OR DIGITAL CONTENT, JRS’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TWENTY DOLLARS ($20).

C. USER CONTENT. THE JRS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

D. Information Verification. JRS Parties may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that JRS and its suppliers will have no liability to you arising from any incorrectly verified information.

E. BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JRS AND YOU.

F. EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Term and Termination.

A. Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website or any Services, unless terminated earlier in accordance with these Terms. Notwithstanding the foregoing, if you used the Website or any Services prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the Website or the Services (whichever is earlier) and will remain in full force and effect while you use the Website or any other Services, unless earlier terminated in accordance with these terms.

B. Termination of Services by You. If you want to terminate any Services or Products provided by JRS, you may do so by (a) notifying JRS at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to [email protected]

C. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. JRS will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms that by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may have rights relating to Downloaded Digital Content that extend beyond such termination under the applicable Supplemental Terms.

15. Remedies.

A. Violations. If JRS becomes aware of any possible violations by you of the Terms, JRS reserves the right to investigate such violations. If, as a result of the investigation, JRS believes that criminal activity has occurred, JRS reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. JRS is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Website or in the Services, including Your Content, in JRS’s possession in connection with your use of the Website or the Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of JRS, its Users or the public, and all enforcement or other government officials, as JRS in its sole discretion believes to be necessary or appropriate.

B. Breach. In the event that JRS determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Website or the Services, JRS reserves the right to:

i) Warn you via e-mail (to any e-mail address you have provided to JRS) that you have violated these Terms;
ii) Delete any of Your Content provided by you or your agent(s) to the Website or the Services;
iii) Discontinue your registration(s) with the Website and/or any Services or JRS community;
iv) Discontinue your subscription to any Services;
v) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
vi) Pursue any other action that JRS deems to be appropriate.
C. No Subsequent Registration. If your registration(s) with or ability to access the Website or the Services, or any other JRS community is discontinued by JRS due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Website, the Services or any other JRS community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those materials or Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, JRS reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

16. International Users.This Website can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that JRS intends to announce such services or Content in your country. The Website and Services are controlled and offered by JRS from its facilities in the United States of America. JRS makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

17. General Provisions.

A. Electronic Communications. The communications between you and JRS use electronic means, whether you visit the Website or send JRS e-mails, or whether JRS posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from JRS in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that JRS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

B. Release. You hereby release the JRS Parties and their 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 any interactions with or conduct of other Website Users or third party websites of any kind arising in connection with or as a result of your these Terms or your use of the Website or 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 which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

C. Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without JRS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

D. Force Majeure. JRS 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.

E. Dispute Resolution. If you believe that JRS has not adhered to these Terms, please contact JRS by emailing us at [email protected] We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

F. Choice of Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, without giving effect to any conflict of laws principles that require the application of the law of a different state, consistent with the Federal Arbitration Act. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which JRS’s principal place of business is located for any lawsuit filed against you by JRS arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

G. Limitations Period. YOU AND JRS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, THE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

H. ARBITRATION. All controversies, disputes, demands, counts, claims, or causes of action between JRS and you, including disputes arising out of, under, or related in any way to the Terms of Use, the Site, the Services, the Materials or the interpretation or validity of these Terms of Use, shall exclusively be settled through binding arbitration conducted in Denver, Colorado. Arbitration shall be subject to the Federal Arbitration Act and not state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving similar disputes. The matter shall be arbitrated by JAMS in Denver, Colorado. As modified by these Terms of Use, unless agreed upon by the parties in writing, the conduct of the arbitration shall be subject to the then current rules of JAMS for commercial arbitration and, if the arbitrator deems it appropriate, consumer disputes. You and JRS must abide by the following rules: (a) the arbitrator’s ruling is binding and not merely advisory; (b) ANY CLAIMS BROUGHT BY YOU OR JRS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (e) the arbitrator may award any damages or other relief or remedies that are permitted by applicable law; and (f) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at-issue permit the prevailing party to be paid its fees’ and litigation costs, and in such instance any fees’ and costs awarded by the arbitrator shall be determined by applicable law, statute, regulation, or case law.

I. Notwithstanding the foregoing, either you or JRS may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the State of Colorado. With the exception of subparts (b) – (d) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subparts (b) – (d) are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor JRS shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable, or in the event JAMS refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between JRS and you shall be exclusively brought in the state or federal courts located in the State of Colorado.

J. For more information on JAMS, its rules and procedures, and how to file an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at http://www.jamsadr.com.

K. Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.

L. Notice. Where JRS requires that you provide an e-mail address, you are responsible for providing JRS with your most current e-mail address. In the event that the last e-mail address you provided to JRS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, JRS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to JRS at the following email address: [email protected] Such notice shall be deemed given when received by JRS by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

M. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

N. Severability. Unless otherwise stated in this agreement, if any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms 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, unless otherwise stated in these Terms.

O. Export Control. You may not use, export, import, or transfer the JRS Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the JRS Materials, and any other applicable laws. In particular, but without limitation, the JRS Materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the JRS Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the JRS Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by JRS are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer JRS products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

P. Procedure for Making Claims of Copyright Infringement. It is JRS’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to JRS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website, or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Website or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for JRS’s Copyright Agent for notice of claims of copyright infringement is as follows: JRS Sports, LLC, Copyright Agent, [email protected] or JRS Sports, LLC, PO Box 22732, Denver, Colorado 80222 USA.

Q. Entire Agreement. These Terms 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.

18. Downloaded Digital Content License Agreement

A. This license agreement (“Agreement”) governs the terms by which registered and paying members and customers of www.tennisevolution.com obtain the right to use graphics, video clips, audio clips, photographs and other media content, including digitized versions of training, instructional, sporting, entertainment and other video content (“Downloaded Digital Content”) that they download from the website located at www.tennisevolution.com (the “Website”). This Agreement is in addition to the Terms of Use applicable to the Website that all persons downloading Downloaded Digital Content from the Website are also entering into. In the event of any inconsistency between this Agreement and the Terms of Use (which is incorporated into this Agreement by reference), the terms of this Agreement shall govern.

B. PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING ANY DOWNLOADED DIGITAL CONTENT FROM THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE OR PURCHASED PRODUCTS FROM THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE ANY DOWNLOADED DIGITAL CONTENT.

C. PLEASE NOTE THAT this Agreement is subject to change by JRS in its sole discretion at any time. When changes are made, JRS will make a new copy of this Agreement available on the Website. Any changes to this Agreement will be effective immediately for any Downloaded Digital Content that you have not downloaded and will be effective thirty (30) days after posting of notice of such changes on the Website for Downloaded Digital Content already downloaded by you. JRS may require you to provide consent to the updated Agreement in a specified manner before further use of Website or the Downloaded Digital Content is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Downloaded Digital Content. Otherwise, your continued use of the Website and/or Downloaded Digital Content constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

D. The License: This is a license, not a sale. JRS (owner of www.tennisevolution.com) an/or its licensors and contributors as applicable continue to own all Downloaded Digital Content. Subject to your acceptance of the terms of this Agreement, JRS hereby grants to you a limited non-exclusive, revocable, non-transferable, worldwide right to use the Downloaded Digital Content only as follows: You may use the Downloaded Digital Content for personal use to improve your individual skills in the subject being presented or for personal educational or personal entertainment purposes. “Nontransferable” as used herein means that except as specifically provided in this Agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Downloaded Digital Content or the right to use the Downloaded Digital Content. You do not own the Downloaded Digital Content. The Downloaded Digital Content is for YOUR PERSONAL use only and may not be used or displayed for commercial purposes or in a commercial setting. You may not upload the Downloaded Digital Content to any video sharing sites like YouTube®, nor may you make the Downloaded Digital Content available via a torrent of the videos, or upload them or make them available to or through any publically available container file to any file sharing site such as Rapsidshare®, MegaUpload®, etc.

E. Limitations: The Downloaded Digital Content may not be sold as standalone clips/Downloaded Digital Content, or included in any other media/stock product, library, or collection for distribution or resale. The Downloaded Digital Content may not be used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Downloaded Digital Content, or any part thereof. You may not make available some or all of the Downloaded Digital Content on a web page or other display as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Downloaded Digital Content for any reason whatsoever.

F. Fees and Payments: In exchange for your usage of the Downloaded Digital Content as provided hereunder, you must have a registered www.tennisevolution.com account (with either free trial or paid status) or purchased the applicable Product from www.tennisevolution.com at the time of downloading. This license applies to all files you downloaded after your purchase or during your subscription (regardless of whether it was a paid or free trial account), and remains in effect even after you cancel your account. You may continue to use the clips you downloaded even after account cancellation, as described in this Agreement. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Downloaded Digital Content, pursuant to this Agreement.

G. Copyright: JRS, its licensors and contributors retain all right, title, and interest in and to the Downloaded Digital Content not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

H. No Warranty: JRS makes no representation or warranty with respect to any Downloaded Digital Content or the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Downloaded Digital Content, and you must satisfy yourself that all necessary rights, model releases, consents or permissions as may be required for your intended usage are secured. All Downloaded Digital Content is provided “as is.” JRS makes no representation or warranty either express or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, noninfringement, or compatibility with any computer hardware or other equipment, operating system or software program. Neither JRS nor any of its directors, officers, managers, member, employees, subsidiaries, affiliates, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the Downloaded Digital Content. You acknowledge that JRS has no obligation to review, monitor or screen Downloaded Digital Content, although JRS reserves the right in its sole discretion to do so, and JRS does not approve, endorse or make any representations or warranties with respect to Downloaded Digital Content. JRS does not warrant the accuracy of any categorization, keyword, caption or title of the Downloaded Digital Content or the metadata that may be provided therewith.

I. ANY DOWNLOADED CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING, VIEWING, OR USING, SUCH CONTENT.

J. Indemnity and Release:You will indemnify and hold JRS, and its subsidiaries, affiliates, officers, directors, agents, partners and employees (collectively, the “JRS Parties”), harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of Downloaded Digital Content. You hereby release the JRS Parties and their 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 any Downloaded Digital Content or use thereof. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

K. Limitation of Liability: IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY JRS PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE DOWNLOADED DIGITAL CONTENT, WHETHER OR NOT JRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL JRS BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN THE AMOUNT RECEIVED BY JRS AS A RESULT OF YOUR PURCHASE OF THE PRODUCTS OR USE OF THE WEBSITE IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID JRS ANY AMOUNTS, JRS’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TWENTY DOLLARS ($20.00). FOR THE AVOIDANCE OF DOUBT, JRS’S LIABILITY WILL BE LIMITED TO SUCH AMOUNTS IN THE AGGREGATE FOR BOTH THIS AGREEMENT AND THE TERMS OF USE. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JRS AND YOU.

L. Termination: This Agreement will commence on the date when you first download any Downloaded Digital Content and will remain in effect as long as you maintain any Downloaded Digital Content in your possession. The license contained in this Agreement will terminate automatically without notice from JRS if you fail to comply with any provision of the Agreement or the Terms of Use. If you want to terminate this Agreement, you may do so at any time by notifying us and destroying all Downloaded Digital Content in your possession. Your indemnity and payment obligations and JRS’s rights in conjunction with those obligations shall survive any termination or expiration of this Agreement, as well as JRS’s limitation on liability. The provisions of this paragraph are in addition to any other remedies and rights JRS may have as a result of any breach of this Agreement. Upon termination, you must immediately (i) cease using the Downloaded Digital Content for any purpose; (ii) destroy or delete all copies and archives of the Downloaded Digital Content or accompanying materials; and (iii) if requested, confirm to JRS in writing that you have complied with these requirements.

M. Upon notice from JRS, or upon your knowledge that any Downloaded Digital Content is subject to a threatened, potential or actual claim of infringement of another’s right for which JRS may be liable, you must immediately and at your own expense (i) stop using the Downloaded Digital Content; and (ii) delete or remove the Downloaded Digital Content from your premises, computer systems and storage (electronic or physical).

N. Export Control: You may not use, export, import, or transfer the Downloaded Digital Content except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Downloaded Digital Content, and any other applicable laws. In particular, but without limitation, the Downloaded Digital Content may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Downloaded Digital Content, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Downloaded Digital Content for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by JRS are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer JRS products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

O. General Provisions: This Agreement, with the Terms of Use, constitutes the entire agreement between you and us regarding the use of the Downloaded Digital Content. JRS’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Your relationship to JRS is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without JRS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the Downloaded Digital Content(s) must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement shall be governed in all respects by the laws of the State of Colorado, excluding its’ body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all disputes, controversies, demands, counts, claims, or causes of action arising under this Agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of the JAMS. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein. JRS reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of Colorado. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse JRS for its reasonable legal fees, costs, and disbursements if JRS is successful in the suit. JRS reserves the right to seek an injunction to prevent breach of your obligation to JRS’s intellectual property rights. JRS reserves the right to withdraw Downloaded Digital Content from www.tennisevolution.com at any time, for any reason.

P. Arbitration:All controversies, disputes, demands, counts, claims, or causes of action between JRS and you, including disputes arising out of, under, or related in any way to this Agreement, the Terms of Use, the Website, the Services, the Downloaded Digital Content or the interpretation or validity of this Agreement or the Terms of Use, shall exclusively be settled through binding arbitration conducted in Denver, Colorado. Arbitration shall be subject to the Federal Arbitration Act and not state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving similar disputes. The matter shall be arbitrated by JAMS in Denver, Colorado. As modified by this Agreement, unless agreed upon by the parties in writing, the conduct of the arbitration shall be subject to the then current rules of JAMS for commercial arbitration and, if the arbitrator deems it appropriate, consumer disputes. You and JRS must abide by the following rules: (a) the arbitrator’s ruling is binding and not merely advisory; (b) ANY CLAIMS BROUGHT BY YOU OR JRS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (e) the arbitrator may award any damages or other relief or remedies that are permitted by applicable law; and (f) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at-issue permit the prevailing party to be paid its fees’ and litigation costs, and in such instance any fees’ and costs awarded by the arbitrator shall be determined by applicable law, statute, regulation, or case law.

i) Notwithstanding the foregoing, either you or JRS may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the State of Colorado. With the exception of subparts (b) – (d) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subparts (b) – (d) are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor JRS shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable, or in the event JAMS refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between JRS and you shall be exclusively brought in the state or federal courts located in the State of Colorado.

ii) For more information on JAMS, its rules and procedures, and how to file an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at http://www.jamsadr.com.