Acceptance of the Terms of Use
The following terms of use ("Terms of Use") govern your use of our Website (https://verberoselects.com/), your downloading or installing the UNIFY TEAM mobile application (the “App”), and your use of any of the services offered by Verbero Selects or Verbero Inc (collectively with the Website and App, the “Services”).
Please review these Terms of Use carefully before using the Services. When you access our Services, you are entering into a contract with us and you agree to be bound by these Terms of Use.
If you do not agree to be bound by and comply with these Terms of Use, you are prohibited from accessing or using the Services or registering or subscribing for our products.
We also reserve the right to deny you access to or use of the Services if we have reason to believe that you do not comply with these Terms of Use.
Changes
Verbero Selects reserves the right to change these Terms of Use at any time. We will notify you of any changes by posting an updated version of the Terms of Use on our Website and our App with an effective date notation. We will also update the “Last Updated” date on the Terms of Use.
If Verbero Selects makes any material changes to these Terms of Use and you have registered with us to create an account, Verbero Selects will also send an e-mail to you at the last e-mail address you provided to us to notify you of the material changes.
It is your responsibility to regularly review these Terms of Use. If you use the Services after we make any changes, it means you have accepted the changes and that you agree to be bound by the Terms of Use as modified.
Verbero Selects reserves the right to modify or discontinue, either temporarily or permanently, the Website and App, including any products, goods or services contained on or referenced on our Website and App, with or without notice and without any liability.
Age of Majority Required
While Verbero Selects offers activities and events where participants may be under the age of majority, the Services and our service subscriptions are intended to be used by adults.
By accessing the Services and accepting these Terms of Use, you represent and warrant to us, intending that we rely on the same, that as the user of our Services, you are of the age of majority in your jurisdiction.
Organizational heads, team coaches, team managers, and parents or legal guardians may share information from the Services with their participants or children as appropriate, provided such use is under their supervision.
Use of Third Party Service Providers
Verbero Selects reserves the right to use third party service providers to carry out its services, events, activities, or undertakings, in its discretion and without notice, as determined by Verbero Selects from time to time.
Third party service providers may be located outside of your jurisdiction of residence, and services may be subject to third party terms and conditions. Verbero Selects has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of any opinions expressed on any third party websites or by any third party that you interact with through the Services.
In addition, Verbero Selects will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. For all third party sites and services, were commend that you carefully review their applicable terms and policies.
By using the Services, you release and hold Verbero Selects harmless from any and all liability arising from your use of any third party website or service.
Certain features of the Services may allow you to share information with others(“Content”), including through your social networks and other services where you have an account (“Third Party Accounts”).
When Content from the Services is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, typically by providing a “share” button on or near the Content.
If you share Content from the Services with others through your Third Party Accounts, such as your social media networks, you authorize Verbero Selects to share that information with the applicable Third Party Account provider.
Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information.
Linking to Verbero Selects
You may not link to, make reference to, use, reproduce, republish, or re-disseminate any content available through the Services, including any Verbero Selects trademarks, without the prior written consent of Verbero Selects.
Registration, User Account and Waiver
Registration by organizational heads, team coaches, team managers, or parents or legal guardians (each a “Registrant”) is required for participants to be registered to participate in Verbero Selects events and activities.
Registrants must be of the age of majority and must provide certain required information to Verbero Selects to complete registration requirements, both concerning the Registrant and any participants registered by the Registrant.
By accessing or using the Website, you represent and warrant to us that you:
- Consent to, and where applicable have obtained all necessary approvals, consents, and authorizations from any individual, to submit information to us, including personal information, and to delete or modify such information, and that all information submitted is true, accurate, and complete; and
- Accept full responsibility for all costs, fees, charges, and taxes of any kind or nature resulting from your use of the Services under your name or account, including registration for Verbero Selects events, activities, or other services.
You acknowledge and agree that a waiver signed by the applicable participant (who is of the age of majority or older) or by a parent or legal guardian (for a participant under the age of majority) is a condition of participation.
In connection with any account that you establish, you are solely responsible for creating a unique username and a strong password to safeguard your Verbero Selects online account.
You are responsible for maintaining the confidentiality of your password and for restricting access to your computer or device. You agree to notify Verbero Selects immediately if the confidentiality of your account or password has been compromised or if you suspect it has been compromised.
Verbero Selects has the right to take any actions it deems reasonable in such circumstances and shall have no liability for any acts or omissions in this regard. Verbero Selects is not under any obligation to verify the actual identity or authority of any user of a password or login name.
Verbero Selects may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages, losses, costs, or expenses arising out of or relating to any unauthorized use of such account or password.
You agree that you are responsible for all activities that occur through your Verbero Selects online account.
Verbero Selects 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 user name violates the third party’s rights.
In consideration of your use of the Services and any registration for or subscription for our services, events or activities, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by any registration form;
- For any team registration made by you, provide true, accurate, current and complete information concerning your team, team participants and parents or legal guardians as required, and confirm that you have obtained the consent of such persons to submit his/her/their information to Verbero Selects for the purposes of the event or activity for which you have registered such participant;
- For any individual registration for which you are registering a participant directly, confirm that you have obtained the consent of the participant to registration, that you have the legal authority to make legal decisions on behalf of such participant as their parent or legal guardian, and that you provide true, accurate, current and complete information concerning your child;
- Use your account only for its intended purposes; and
- Not allow third party access to or transfer ownership of your account.
If you provide any information that is untrue, inaccurate, not current or incomplete about yourself, your team, parents, participants or others, or if you allow third party access to or transfer ownership of your account, Verbero Selects has the right to suspend or terminate your account and refuse any and all current or future use of the Services and our services, events or activities contained therein.
In order to keep you updated about important changes to these Terms of Use, our PrivacyPolicy and concerning any of our services for which you subscribe, Verbero Selects may send email communications related to your account or any events for which you have registered or registered a participant.
You are responsible for managing your privacy and email settings as they relate to your interactions with Verbero Selects to ensure that you receive our messages. You can update your personal information and email settings, such as marketing subscriptions, concerning your Verbero Selects account at any time by signing in to your account and editing your information and preferences or by unsubscribing for a particular service, subject to contractual or legal restrictions.
Payment and Fees
Some elements of the Services may be offered by Verbero Selects for a fee. The fees for such Services are posted on the Website and/or the App. Unless otherwise agreed inwriting, fees are subject to change without notice.
You agree to pay Verbero Selects the applicable fees for the Services provided by Verbero Selects under these Terms:
- If you elect to pay applicable fees with a credit card, Verbero Selects will bill your credit card for all fees and you here by authorize Verbero Selects to charge your credit card or any form of payment obtained to replace your credit card.
- You will provide Verbero Selects with accurate and complete billing information, including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Verbero Selects reserves the right to terminate your use of the Services in addition to seeking any other legal remedies.
- Verbero Selects is not responsible for any charges or expenses, such as over drawn accounts or exceeding credit card limits, resulting from charges billed by Verbero Selects. Each charge will be considered valid unless disputed by you inwriting within thirty (30) days after the billing date. No adjustments will be made for disputed charges submitted more than thirty (30) days after the billing date.
- All fees will be paid in the currency of the geographical location in which you are using the Services and are due as set forth on the Website.
Verbero Selects fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
Intellectual Property
Verbero Selects trademarks, domain names, and content displayed on the Services (collectively, the “Play Trademarks”) are either registered or common law trade marks of Verbero Selects. You may not use meta tags or any other “hidden text” using any of the Play Trademarks without the prior written permission of Verbero Selects.
Other trademarks, design marks, product names, company names, or logos appearing on team jerseys, event locations, or otherwise are trade marks of their respective owners.
Nothing contained on the Services or at any event or activity location should be construed as granting, by implication or otherwise, any license or right to use any trade marks, including the Play Trademarks, except with the express written consent of the applicable trademark owner.
Access to Verbero Selects venues, activities, or events does not confer and shall not be considered as conferring upon you any license under any of Verbero Selects’ or any third party’s intellectual property rights.
Limitations of Use
You may not access or use the Services for any purpose that is un lawful or that is prohibited by these Terms of Use. You may only access or use the Services to determine the availability of, register for, participate in, and support Verbero Selects activities, events, and under takings.
Use of the Services for any other purpose, including any commercial use or other purpose, is expressly prohibited.
In addition to the fore going, you also agree that, in accessing or using the Services, you will not commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms of Use:
- Access or use the Services in any manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, reduces the speed of the Website, interferes with the normal functioning of the Services, or otherwise abuses or overuses the Services;
- Circumvent, or attempt to circumvent, any measures or precautions taken by Verbero Selects to prevent the use of or access to the Services or take any other action in violation of these Terms of Use;
- Access the Services to make any fraudulent or false registration for Verbero Selects events, activities, or undertakings. Verbero Selects reserves the right to cancel any and all such false registrations without notice and without liability; or
- Engage in any other conduct or activity that conflicts with these Terms of Use or that Verbero Selects deems, in its sole, absolute, and unrestricted discretion, to be in conflict with these Terms of Use.
Enforcement
Not with standing anything to the contrary in these Terms of Use, Verbero Selects reserves the right, but does not assume the obligation, to investigate any violation of the Limitations of Use section of these Terms of Use or any other misuse of the Services.
Verbero Selects further reserves the right, in its sole discretion, to screen, edit, modify, remove, or disable access to any content that violates the Limitations of Use provisions in these Terms of Use or that Verbero Selects deems objectionable.
Without limiting the foregoing, and not with standing anything to the contrary in the Verbero Selects Privacy Policy, Verbero Selects reserves the right to report any activity, data, or persons, including the disclosure of relevant user information, to appropriate law enforcement officials, regulators, or other appropriate third parties if Verbero Selects suspects that you have violated the Limitations of Use section of these Terms of Use or any applicable law or regulation.
Verbero Selects may also cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you wish to report any violations of these Terms of Use, please contact us at support@verberoselects.com.
App Stores
You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, such as the Apple App Store or Google Play (the “App Store”).
You acknowledge that these Terms of Use are between you and Verbero Selects and do not involve the App Store company. Verbero Selects, and not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and any warranty therefor, as well as addressing any claims relating there to, including product liability, legal compliance, and intellectual property infringement.
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees, if any, charged by the App Store in connection with the App.
You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third party terms of agreement, including the AppStore’s terms and policies, when using the App.
You acknowledge that the App Store company and its subsidiaries are third party beneficiaries of these Terms of Use and will have the right to enforce them.
Disclaimer of Warranties
WE PROVIDE THE SERVICES, ITS CONTENT, AND OUR SERVICES TO YOU “AS IS” AND“ AS AVAILABLE”. WE TRY TO KEEP THE SERVICES UP, BUG FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLELAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIMALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON INFRINGEMENT, ACCURACY, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSEOF PERFORMANCE, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE, ORERROR FREE, OR THAT THE SERVICES WILL ALWAYS FUNCTION WITH OUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Limitation of Liability
IN NO EVENT SHALL VERBERO SELECTS OR ITS DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF, THE DELAY OR THE INABILITY TO USE, THE SERVICES OR ANY VERBERO SELECTS CONTENT.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES CAUSED BY ANY FAILURE TOPERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY INOPERATION OR TRANSMISSION, NON-DELIVERY OF NOTIFICATIONS, EMAILOR TEXT MESSAGES, COMPUTER VIRUSES, OR OTHER DAMAGE TO YOUR MOBILE DEVICE, COMPUTERS, COMPUTER NETWORKS, OR OTHER PROPERTY, EVEN IF VERBERO SELECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PARTICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
As a condition of your access to or use of the Services, you agree to defend, indemnify, and hold harmless Verbero Selects, its affiliates, and their respective directors, officers, employees, agents, contractors, or representatives from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs, and expenses, including legal fees, arising out of, resulting from, or otherwise connected with:
- Your use of the Verbero Selects Services.
- Your or your child’s participation in or attendance at Verbero Selects events, activities, and under takings; any information, including personal information, you supply to us either on your own behalf or on behalf of a third party or a breach of these Terms of Use.
Links to Other Websites and Services
The Services may include links to other internet websites maintained by third parties (“Linked Sites”). Verbero Selects provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply approval or endorsement of the Linked Sites by Verbero Selects.
You access Linked Sites at your own risk and, by accessing them, you leave the Verbero Selects Website. Linked Sites are not under the control of Verbero Selects, and Verbero Selects is not responsible for the contents of any Linked Sites.
Any transaction between you and a Linked Site is directly between you and the Linked Site, and Verbero Selects shall not be held responsible for any resulting loss or damage.
Privacy Policy and Additional Policies We May Establish
Verbero Selects is committed to your right to privacy and has established the Verbero Selects Privacy Policy, available at https://verberoselects.com/privacy-policy, which sets out the manner in which we collect, use, disclose, or administer personal information.
Verbero Selects may establish additional policies concerning its business and practices from time to time, which shall be binding on the parties. Notice of any additional policies binding on you will be provided by posting a notice on our Website.
It is your obligation to review our Website periodically to ensure that you are aware of our policies and your obligations.
Entire Agreement
Subject to any other applicable agreement you may have entered into with us, these Terms of Use, our Privacy Policy, and any other notices or statements posted on the Services constitute the entire agreement between you and Verbero Selects with respect to the use of the Services.
Waiver
Any failure, delay, or omission by Verbero Selects to enforce or exercise any of its rights under these Terms of Use does not constitute a waiver of such rights.
Severability and Assignment
If any provision of these Terms of Use is deemed to be invalid, unlawful, or for any reason unenforceable, such provision shall be severed from these Terms of Use and shall not affect the validity or enforceability of any remaining provisions.
Your obligations under these Terms of Use may not be assigned.
Governing Law
Services offered by Verbero Selects in Canada are provided by Verbero Selects, and thegoverning law for those Services and these Terms of Use, as they apply thereto, shallbe the laws of the State of Tennessee and the laws of the United States of America applicable therein.
Services offered by Verbero Selects in the United States are provided by Verbero Selects, and the governing law for those Services and these Terms of Use, as they apply there to, shall be the laws of the State of Tennessee.
For Services provided in Canada or the United States, in the event of any dispute that cannot be resolved amicably, the parties irrevocably attorn to the exclusive jurisdiction of the Courts of Tennessee, USA.
English Language
It is the express wish of the parties that these Terms of Use be drafted in English. Les parties aux présentes ont expressément demandé que ces modalités d’utilisationdu site web soient rédiges en anglais.