These Terms of Use form a legally binding agreement between you and Team Dominance, Inc. (“Team Dominance”) regarding your use of (a) all websites, software and electronic device applications (apps) so owned and/or operated by Team Dominance, including without limitation the website on which these Terms of Use are posted, as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (individually and collectively, the “Services”).

By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, Team Dominance’s Privacy Policy located at: www.Team Dominance.com/privacy (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations.

Team Dominance and any and all entities that control, are controlled by, or are affiliated or under common control with Team Dominance, are collectively referred to herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence.

TERMS OF USE

Team Dominance Services are offered only to users 13 years of age or older. The Services are not intended for children under 13 years of age. If you are between the ages of 13 and 18, you are confirming to us that you have received your parent’s/guardian’s express consent and that your parent/guardian (i) has read and, on your behalf, agrees to be bound by these Terms of Use, (ii) is not a minor and is entering into this Agreement on behalf of you, the minor and (iii) understands, agrees and shall be fully responsible for you, their minor’s, use of the Services. If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in these Terms of Use, do not use or attempt to use the Services.  If, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use the Services. Use of the Services is void where prohibited.

By using the Services, you understand, acknowledge and agree to be bound by the Agreement and that you will abide by the terms and conditions of our Agreement with you, whether you are a “Visitor”, meaning that you simply browse the Site or you are a “Member” meaning that you have registered with Team Dominance. The term “User” refers to a Visitor or a Member.  When we use the term “Agreement” we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of any features, functions and services we make available to you from time to time through our Services, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (“Rules”) and any additional terms and conditions referred to in any of the foregoing documents.

The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Services, transmit, receive or exchange data or communicate with the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Services, for any purpose whatsoever.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Team Dominance without restriction or notice to you.

Team Dominance disclaims liability and responsibility if you connect to third party websites via hyperlinks on the Site. Team Dominance operates this website and associated Web pages, and any new features shall also be subject to these Terms of Use.

1. REGISTRATION

In order to use some parts of the Services, we require Users to register with Team Dominance by (a) providing your email address which will be your User ID and (b) selecting a password. You are responsible for the confidentiality of your account information. You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Team Dominance in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You also agree to: (a) provide true, accurate, current and complete information about yourself as submitted to Team Dominance, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Team Dominance has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Team Dominance has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion.

Registration data and certain other information about you are subject to the Privacy Policy. Through your use of the Site and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by Team Dominance.

We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your User ID or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must change your password immediately and notify us of the problem by contacting us at [email protected]. In the event of any dispute between two or more parties as to account ownership, you agree that Team Dominance will be the sole arbiter of such dispute in its sole discretion and that Team Dominance’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

Team Dominance hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your personal, non-commercial use, and to search for, view, register for, and interact with, Events that are listed on the Site, provided that you comply with these Terms of Use, and solely to the extent permitted under all applicable laws and regulations.

2. OWNERSHIP RIGHTS

All aspects of Team Dominance (pictures, code, videos, blog posts, etc.., which will now be referred to as “Content” from now on) are all owned by Team Dominance, and protected under domestic and international laws. We require users to respect our copyrights and all intellectual property rights. This means that you agree not to copy, distribute, modify, display, perform, publish, license, create derivative works, reproduce, sell any information, software, user information that can be obtained from Team Dominance’s website. You agree to not act in a matter that will damage , disable, or impair Team Dominance’s website or burden other users on the site. Individuals accused of performing acts that violate these rules may be subject to prosecution.

Team Dominance, including without limitation , all content, media and materials, all Team Dominance software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of Team Dominance, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Team Dominance and/or its affiliates, and their Advertisers (as defined in Section Advertising below), licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Team Dominance” includes “Content” as well.

Content on the Site is provided to you AS IS for your information and personal use only. Team Dominance Services contain Content of Users and other Team Dominance licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Submissions, without the express prior written consent of Team Dominance. Team Dominance authorizes you to access Content and grants you the right to use the Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site including notices on any Content you download, transmit, display, print or reproduce from the Site. Team Dominance reserves all rights not expressly granted in and to the Site and the Content.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Team Dominance or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Services, unless you are expressly authorized to do so by Team Dominance. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to Team Dominance servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Team Dominance grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Team Dominance reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions. As an express condition of your use of the Services, you warrant to Team Dominance that you will not use the Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Team Dominance makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Services.

Team Dominance Content is protected by copyright, trademark, patent, trade secret and other laws, and Team Dominance owns and retains all rights to its Content and the Services. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of Team Dominance, including, without limitation, “Team Dominance” and and “Team Dominance.com,” are the intellectual property of, and proprietary to Team Dominance, its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of Team Dominance.

Any user content that is contributed to Team Dominance becomes property of Team Dominance and may be removed, hidden or deleted without notice.

3. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

If you believe that any Content (including, without limitation, any posts submitted by Users) violates any of the terms or conditions of this Agreement, please contact us at [email protected]. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

4. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Team Dominance will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.

5. CODE OF CONDUCT

Your use of the Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of activity that is illegal or prohibited on or through the Services. Team Dominance reserves the right to investigate and take appropriate legal action against anyone who, in Team Dominance’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Site and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity that, in the sole discretion of Team Dominance are itemized below. You shall not use, allow, or enable others to use the Services, or knowingly condone use of the Services by others, in any manner that is, attempts to, or is likely to:

 be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, discriminatory, or abusive;

appear to impersonate anyone else or promote information that you know is false or misleading;

promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

affect us adversely or reflect negatively on us, Team Dominance, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using any portion of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;

further or promote any criminal activity or provide instructional information about illegal activities including but not limited to pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, or stalking;

infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

cause the Services to be used in a manner inconsistent with any and all applicable laws and regulations;

solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

solicit personal information from anyone under 18 or use the Services to harm minors in any way;

result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called “spamming,” “spimming,” “flooding,” and “phishing”;

be used for commercial or business purposes without prior written consent, including, but not limited to, advertising, marketing, contests, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through the Services. It is also a violation of these rules to use any information obtained from Team Dominance in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, in order to protect our Members from such advertising or solicitation;

interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including any action (in Team Dominance’s sole discretion) resulting in a disproportionately large load of data, information, or queries on our infrastructure or that of our third-party providers;

forge any part of header information in any e-mail, newsgroup, or other transmission;

cover or obscure the advertisements on any Site page via HTML/CSS or any other means;

use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, Team Dominance grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Team Dominance reserves the right to revoke these exceptions either generally or in specific cases;

violate any laws, regulations, judicial or governmental order, treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;

gain unauthorized access to Team Dominance Services, other users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Services or to access the Site by any means other than the interface provided by Team Dominance; impersonate any User, person, or entity, including but not limited to Team Dominance employees; modify, disrupt, impair, alter or interfere with the software for the Site or result in unauthorized access to features, functions, operation or maintenance of the Site or use and enjoyment of Team Dominance by any other person, firm or enterprise;

collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Services, without the explicit consent of such other person, firm or enterprise to do so.

6. LINKS

Team Dominance or other Users may provide links to third-party websites and applications. Their presence does not constitute Team Dominance’s endorsement, nor does it incur any obligation, responsibility, or liability on the part of Team Dominance, its Affiliates, or any of its or their officers, directors, employees, agents, representatives, licensors, suppliers, service providers, successors, and permitted assigns. You are not obligated to use such links. If you use these links, you will leave the Site, and your dealings with third party websites or applications are solely between you and such third party. Linked third party websites and applications are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any such websites and applications. If any third party website or application obtains personal information from you, in no event shall Team Dominance assume or have any responsibility or liability. By using the Site, you expressly relieve Team Dominance from any and all liability arising from your use of third party websites and applications.

7. PAYMENTS SERVICES

If you use Team Dominance to collect or make payments, you will be leveraging one of the payment platforms we partner with to process payments. If you are an owner or payment collector, you must register with them and accept their terms of service.

PayPal agreements can be found here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. PayPal services are only offered to users aged 18 or older.

Stripe terms and conditions can be found here: https://stripe.com/us/ssa

8. TERMINATION

You may terminate these Terms of Use by sending an e-mail to [email protected] with your e-mail address and requesting termination of your registration. We will use commercially reasonable efforts to remove your registration from the Site.  We reserve the right to terminate these Terms of Use and/or your access to the Site or any portion thereof, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that after termination of these Terms of Use Team Dominance shall not be obligated to provide you access to the Site, or information or files contained on the Site.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, TEAM DOMINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS ON THE SITE AND THE SERVICES. IN ADDITION, TEAM DOMINANCE MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED AT ANY PARTICULAR TIME. WITHOUT LIMITING THE FOREGOING, TEAM DOMINANCE IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF TEAM DOMINANCE SERVICES OR ANY SITES LINKED TO TEAM DOMINANCE SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING TEAM DOMINANCE SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH TEAM DOMINANCE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TEAM DOMINANCE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF TEAM DOMINANCE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Team Dominance, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of Team Dominance Services. You further understand and acknowledge the capacity of Team Dominance, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Team Dominance assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of Team Dominance for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

The Site is controlled and offered by Team Dominance from facilities in the United States of America. Team Dominance makes no representations that the Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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

10. INDEMNIFICATION

You agree to indemnify, defend and hold Team Dominance, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys’ fees), resulting from (a) any breach or violation of this Agreement by you, or resulting from your use of the Services; (b) your violation of any third party right, including without limitation any copyright, property, or privacy rights; (c) your activities in connection with the Site; and/or (d) termination of your access to the Site. This defense and indemnification obligation will survive these Terms of Use and your use of the Team Dominance Services.

Team Dominance reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Team Dominance in the defense of any such claim, action, settlement or compromise negotiations, as requested by Team Dominance.

11. PRIVACY

Your privacy and the protection of your personal information is important to us. These Terms of Use are subject to our Privacy Policy. By using the Site, you acknowledge that you have read, and you agree to be bound by the terms of the Privacy Policy. You further acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability contained in these Terms of Use. If you have any questions regarding our privacy practices, you may send your question to us by e-mail to [email protected].

12. MODIFICATIONS

We may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by us on the Site. We will post or display notices of material changes on the Site and we may also email you about these changes. Changes become effective immediately upon posting, and if you use the Services after they become effective it will signify your agreement to be bound by the changes.

13. MISCELLANEOUS

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF TEAM DOMINANCE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND TEAM DOMINANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These Terms of Use form a legally binding agreement between you and Team Dominance, Inc. (“Team Dominance”) regarding your use of (a) all websites, software and electronic device applications (apps) so owned and/or operated by Team Dominance, including without limitation the website on which these Terms of Use are posted, as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (individually and collectively, the “Services”).

By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, Team Dominance’s Privacy Policy located at: www.Team Dominance.com/privacy (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations.

Team Dominance and any and all entities that control, are controlled by, or are affiliated or under common control with Team Dominance, are collectively referred to herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence.

TERMS OF USE

Team Dominance Services are offered only to users 13 years of age or older. The Services are not intended for children under 13 years of age. If you are between the ages of 13 and 18, you are confirming to us that you have received your parent’s/guardian’s express consent and that your parent/guardian (i) has read and, on your behalf, agrees to be bound by these Terms of Use, (ii) is not a minor and is entering into this Agreement on behalf of you, the minor and (iii) understands, agrees and shall be fully responsible for you, their minor’s, use of the Services. If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in these Terms of Use, do not use or attempt to use the Services.  If, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use the Services. Use of the Services is void where prohibited.

By using the Services, you understand, acknowledge and agree to be bound by the Agreement and that you will abide by the terms and conditions of our Agreement with you, whether you are a “Visitor”, meaning that you simply browse the Site or you are a “Member” meaning that you have registered with Team Dominance. The term “User” refers to a Visitor or a Member.  When we use the term “Agreement” we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of any features, functions and services we make available to you from time to time through our Services, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (“Rules”) and any additional terms and conditions referred to in any of the foregoing documents.

The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Services, transmit, receive or exchange data or communicate with the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Services, for any purpose whatsoever.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Team Dominance without restriction or notice to you.

Team Dominance disclaims liability and responsibility if you connect to third party websites via hyperlinks on the Site. Team Dominance operates this website and associated Web pages, and any new features shall also be subject to these Terms of Use.

1. REGISTRATION

In order to use some parts of the Services, we require Users to register with Team Dominance by (a) providing your email address which will be your User ID and (b) selecting a password. You are responsible for the confidentiality of your account information. You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Team Dominance in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You also agree to: (a) provide true, accurate, current and complete information about yourself as submitted to Team Dominance, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Team Dominance has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Team Dominance has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion.

Registration data and certain other information about you are subject to the Privacy Policy. Through your use of the Site and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by Team Dominance.

We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your User ID or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must change your password immediately and notify us of the problem by contacting us at [email protected]. In the event of any dispute between two or more parties as to account ownership, you agree that Team Dominance will be the sole arbiter of such dispute in its sole discretion and that Team Dominance’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

Team Dominance hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your personal, non-commercial use, and to search for, view, register for, and interact with, Events that are listed on the Site, provided that you comply with these Terms of Use, and solely to the extent permitted under all applicable laws and regulations.

2. OWNERSHIP RIGHTS

All aspects of Team Dominance (pictures, code, videos, blog posts, etc.., which will now be referred to as “Content” from now on) are all owned by Team Dominance, and protected under domestic and international laws. We require users to respect our copyrights and all intellectual property rights. This means that you agree not to copy, distribute, modify, display, perform, publish, license, create derivative works, reproduce, sell any information, software, user information that can be obtained from Team Dominance’s website. You agree to not act in a matter that will damage , disable, or impair Team Dominance’s website or burden other users on the site. Individuals accused of performing acts that violate these rules may be subject to prosecution.

Team Dominance, including without limitation , all content, media and materials, all Team Dominance software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of Team Dominance, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Team Dominance and/or its affiliates, and their Advertisers (as defined in Section Advertising below), licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Team Dominance” includes “Content” as well.

Content on the Site is provided to you AS IS for your information and personal use only. Team Dominance Services contain Content of Users and other Team Dominance licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Submissions, without the express prior written consent of Team Dominance.  Team Dominance authorizes you to access Content and grants you the right to use the Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site including notices on any Content you download, transmit, display, print or reproduce from the Site. Team Dominance reserves all rights not expressly granted in and to the Site and the Content.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Team Dominance or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Services, unless you are expressly authorized to do so by Team Dominance. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to Team Dominance servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Team Dominance grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Team Dominance reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions. As an express condition of your use of the Services, you warrant to Team Dominance that you will not use the Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Team Dominance makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Services.

Team Dominance Content is protected by copyright, trademark, patent, trade secret and other laws, and Team Dominance owns and retains all rights to its Content and the Services. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of Team Dominance, including, without limitation, “Team Dominance” and and “Team Dominance.com,” are the intellectual property of, and proprietary to Team Dominance, its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of Team Dominance.

Any user content that is contributed to Team Dominance becomes property of Team Dominance and may be removed, hidden or deleted without notice.

3. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

If you believe that any Content (including, without limitation, any posts submitted by Users) violates any of the terms or conditions of this Agreement, please contact us at [email protected]. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

4. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Team Dominance will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.

5. CODE OF CONDUCT

Your use of the Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of activity that is illegal or prohibited on or through the Services. Team Dominance reserves the right to investigate and take appropriate legal action against anyone who, in Team Dominance’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Site and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity that, in the sole discretion of Team Dominance are itemized below. You shall not use, allow, or enable others to use the Services, or knowingly condone use of the Services by others, in any manner that is, attempts to, or is likely to:

 be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, discriminatory, or abusive;

appear to impersonate anyone else or promote information that you know is false or misleading;

promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

affect us adversely or reflect negatively on us, Team Dominance, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using any portion of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;

further or promote any criminal activity or provide instructional information about illegal activities including but not limited to pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, or stalking;

infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

cause the Services to be used in a manner inconsistent with any and all applicable laws and regulations;

solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

solicit personal information from anyone under 18 or use the Services to harm minors in any way;

result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called “spamming,” “spimming,” “flooding,” and “phishing”;

be used for commercial or business purposes without prior written consent, including, but not limited to, advertising, marketing, contests, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through the Services. It is also a violation of these rules to use any information obtained from Team Dominance in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, in order to protect our Members from such advertising or solicitation;

interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including any action (in Team Dominance’s sole discretion) resulting in a disproportionately large load of data, information, or queries on our infrastructure or that of our third-party providers;

forge any part of header information in any e-mail, newsgroup, or other transmission;

cover or obscure the advertisements on any Site page via HTML/CSS or any other means;

use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, Team Dominance grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Team Dominance reserves the right to revoke these exceptions either generally or in specific cases;

violate any laws, regulations, judicial or governmental order, treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;

gain unauthorized access to Team Dominance Services, other users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Services or to access the Site by any means other than the interface provided by Team Dominance; impersonate any User, person, or entity, including but not limited to Team Dominance employees; modify, disrupt, impair, alter or interfere with the software for the Site or result in unauthorized access to features, functions, operation or maintenance of the Site or use and enjoyment of Team Dominance by any other person, firm or enterprise;

collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Services, without the explicit consent of such other person, firm or enterprise to do so.

6. LINKS

Team Dominance or other Users may provide links to third-party websites and applications. Their presence does not constitute Team Dominance’s endorsement, nor does it incur any obligation, responsibility, or liability on the part of Team Dominance, its Affiliates, or any of its or their officers, directors, employees, agents, representatives, licensors, suppliers, service providers, successors, and permitted assigns. You are not obligated to use such links. If you use these links, you will leave the Site, and your dealings with third party websites or applications are solely between you and such third party. Linked third party websites and applications are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any such websites and applications. If any third party website or application obtains personal information from you, in no event shall Team Dominance assume or have any responsibility or liability. By using the Site, you expressly relieve Team Dominance from any and all liability arising from your use of third party websites and applications.

7. PAYMENTS

If you use Team Dominance to collect or make payments, you will be leveraging one of the payment platforms we partner with to process payments. If you are an owner or payment collector, you must register with them and accept their terms of service.

PayPal agreements can be found here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. PayPal services are only offered to users aged 18 or older.

Stripe terms and conditions can be found here: https://stripe.com/us/ssa

8. REFUNDS

If you wish to cancel your account, notify us at least 15 days before end of your term (via email to [email protected]). Upon cancellation, your data is deleted from our servers. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

Your subscription will be renewed automatically at the end of each month. You can upgrade or downgrade level of our services at any time of your usage, however Team Dominance does not refund any fees in that case. If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term. We reserve the right to modify or terminate the Team Dominance service(s) for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Team Dominance may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.
Note: No refunds are offered, even if a plan is canceled mid-month.
30 Day No Obligation Cancellation
Team Dominance offers SaaS service to companies under a 30-day no obligation cancellation policy. The no obligation cancellation begins immediately upon account activation. The 30-day no obligation cancellation period only applies to new customers and does not apply to existing customers that have a subscription plan. Team Dominance will also not honor a free trial period for customers who were once paying subscribers, cancelled, and then decided to re-instate their subscription to Team Dominance.
At any time during the 30-day, potential subscriber (customer) can cancel their account and will be refunded in full with a minor service charge.
In order to continue using SaaS after the 30-day no obligation cancellation period, you will be automatically be enrolled to continue to your selected payment plan which you have selected initially at time of buying. You may select from range of selections of monthly or receive a discount by paying for a full year of service.
Monthly Billing, Cancellation, and Refund Policies
Team Dominance charges and collects in advance for use of the SaaS service. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, Team Dominance will calculate a pro-rated amount with the first payment due on signing.
All subscriptions monthly, quarterly and yearly renew automatically on their due renewal date according to date of purchase until officially cancelled. Customers may cancel anytime by emailing a notice to: [email protected]. Customers will receive an email from Team Dominance confirming that their subscription to the SaaS service has been cancelled.
Important: No refunds or credits for partial months, quarters or years of service will be refunded to a customer upon cancellation. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties. The fees that Team Dominance charges for the monthly, quarterly, or yearly services exclude phone, and Internet access charges, as well as other data transmission charges. Any currency exchange settlements are based on the customer’s agreement with the payment method provider. To be clear: these charges are the customer’s responsibility.
Customers have the ability to upgrade or downgrade their subscription plan for the SaaS services at any time. For any kind of upgrade or downgrade in subscription, customer has to write to [email protected].
The chosen method of billing will automatically be charged the new subscription rate on the next billing cycle. With regard to downgrades on a subscription, Team Dominance does not issue refunds or credits for partial months of service.
Team Dominance reserves the right to refuse/cancel a subscription to any of the SaaS services bought from Team Dominance.com, If Team Dominance refuses a new or renewing subscription/membership, registrants will be offered a refund on a prorata basis of pending days in subscription plan bought with an additional cancellation charge of $4.99.
These above policies apply to all the SaaS services listed on Team Dominance unless otherwise noted in the corresponding program materials.

9. TERMINATION

You may terminate these Terms of Use by sending an e-mail to [email protected] with your e-mail address and requesting termination of your registration. We will use commercially reasonable efforts to remove your registration from the Site.  We reserve the right to terminate these Terms of Use and/or your access to the Site or any portion thereof, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that after termination of these Terms of Use Team Dominance shall not be obligated to provide you access to the Site, or information or files contained on the Site.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, TEAM DOMINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS ON THE SITE AND THE SERVICES. IN ADDITION, TEAM DOMINANCE MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED AT ANY PARTICULAR TIME. WITHOUT LIMITING THE FOREGOING, TEAM DOMINANCE IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF TEAM DOMINANCE SERVICES OR ANY SITES LINKED TO TEAM DOMINANCE SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING TEAM DOMINANCE SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH TEAM DOMINANCE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TEAM DOMINANCE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF TEAM DOMINANCE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Team Dominance, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of Team Dominance Services. You further understand and acknowledge the capacity of Team Dominance, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Team Dominance assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of Team Dominance for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

The Site is controlled and offered by Team Dominance from facilities in the United States of America. Team Dominance makes no representations that the Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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

11. INDEMNIFICATION

You agree to indemnify, defend and hold Team Dominance, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys’ fees), resulting from (a) any breach or violation of this Agreement by you, or resulting from your use of the Services; (b) your violation of any third party right, including without limitation any copyright, property, or privacy rights; (c) your activities in connection with the Site; and/or (d) termination of your access to the Site. This defense and indemnification obligation will survive these Terms of Use and your use of the Team Dominance Services.

Team Dominance reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Team Dominance in the defense of any such claim, action, settlement or compromise negotiations, as requested by Team Dominance.

12. PRIVACY

Your privacy and the protection of your personal information is important to us. These Terms of Use are subject to our Privacy Policy. By using the Site, you acknowledge that you have read, and you agree to be bound by the terms of the Privacy Policy. You further acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability contained in these Terms of Use. If you have any questions regarding our privacy practices, you may send your question to us by e-mail to [email protected].

13. MODIFICATIONS

We may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by us on the Site. We will post or display notices of material changes on the Site and we may also email you about these changes. Changes become effective immediately upon posting, and if you use the Services after they become effective it will signify your agreement to be bound by the changes.

14. MISCELLANEOUS

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF TEAM DOMINANCE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND TEAM DOMINANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF TEAM DOMINANCE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND TEAM DOMINANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.