Please carefully review these terms and conditions before accessing or utilizing Playkout services. They encompass crucial details regarding your legal rights, responsibilities, and the available remedies related to your use of Playkout services. The terms include various limitations and exclusions, as outlined below.
The Terms of Service are in addition to all other documents executed by you in relation to the use of the Services including but not limited individual waivers, terms of use of the website, privacy notices, etc.
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COURT PROCEEDINGS.
THESE TERMS OF SERVICE ALSO CONTAIN LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION PROVISIONS THAT MAY LIMIT YOUR RIGHTS PURSUANT TO APPLICABLE LAW.
By proceeding with the use of Playkout services, you acknowledge that you have read, understood, and agreed to abide by the terms and conditions outlined in this agreement. If you do not agree with any part of these terms, refrain from accessing or using Playkout services.
AGREEMENT SCOPE
Playkout 1, LLC ("Playkout," or any other mention such as “our” "us," or "we") offers fitness classes, pickleball classes, court and simulator rentals, products, services, content, and features through our websites, mobile applications (iOS and Android), and brick-and-mortar venues, collectively referred to as the "Services." These Terms of Service ("Terms") establish the legally binding terms and conditions for your use of the Services. By signing or continuing to use our Services, you acknowledge that your use constitutes sufficient legal consideration under these Terms. If enrolling or signing for a minor (15-18 years old), the terms apply, with the minor's guardian ensuring compliance.
We maintain a Privacy Policy detailing information usage, and we encourage you to review it for a comprehensive understanding of our privacy practices.
By accessing or using the Services in any manner, such as visiting our websites, downloading the Apps, attending studio classes, or contributing content, you affirm that you've read and understood this Agreement, agreeing to be bound by these Terms. Authorization to use the Services is granted only if you adhere to all applicable laws and the Terms. If you disagree with these Terms or cannot comply, please leave the Sites or App and cease Services use immediately; refrain from installing, copying, or utilizing the Service, software, or Content.
Although these Terms apply generally to your use of our Services, specific provisions apply exclusively during participation in our exercise classes. Please refer to the "General Policies, Rules, and Regulations Governing Participation in Our Classes" section for these terms.
We are committed to ensuring our Services are accessible to all users, taking necessary steps to comply with applicable laws.
By accessing or using any service, you represent, warrant and covenant that you are a resident of Texas and that all content, information, data, materials or other resources of any kind submitted to us through or in connection with the services (each, a “Submission”) by you (each, “Your Submission”) are complete and accurate, do not violate any applicable law and do not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent or other personal or proprietary rights.
2. SERVICE ACCESS
To access the Services, you may need to provide specific details or information. Your use of the Services is contingent upon providing accurate, current, and complete information. Failure to furnish complete and accurate information may result in access termination.
By using our Services, you assert that you are at least 15 years old. For users between 15 and 18, parental or guardian consent to the Terms and Service use is required. Parents/legal guardians providing consent are bound by these Terms. Minors aged 15 may participate with a parent or legal guardian present, while those aged 16-17 may participate independently, with parental/guardian agreement to these Terms.
Periodically, access to certain parts of the Services may be restricted. Compliance with rules and policies set by Playkout is mandatory, applied impartially to Service users.
3. ACCOUNTS AND ACCOUNT SECURITY
To access specific Services on the Sites and App(s), creating an account ("Account") is required. You are limited to one active Account, and sharing your Account or using another person's Account is prohibited. Maintain and update your provided information accurately. You are solely responsible for Account activity, and keeping your account password secure is essential. Notify us promptly of any security breaches or unauthorized account use.
We retain the right to take actions, including terminating your Account, to ensure Services and Account security. We explicitly disclaim liability for losses arising from non-compliance with these security measures.
4. TRANSACTIONS
We may make available the ability to purchase or otherwise obtain certain products or services (a “Transaction”). If you desire to engage in a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR PAYMENT SERVICE THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.
5. USE OF SERVICES AND PROHIBITED ACTIVITIES
Services use is permitted solely for lawful purposes and in accordance with these Terms. Compliance with applicable laws is mandatory. Users must respect others' rights and dignity while refraining from activities that harm others' use/enjoyment of the Services or pose harm or liability.
Prohibited activities include:
• Unlawful use or violation of applicable laws
• Conduct restricting or inhibiting Service use or enjoyment
• Commercial use of Services
• Actions that disable, overburden, or damage the Sites, Apps, or others' use of Services
• Use of automated devices to access the Service
• Distribution of unsolicited promotional content
• Posting unlawful, harmful, harassing, or objectionable content
• Reproduction, duplication, or exploitation of Services for commercial purposes
• Interference with proper Services functioning
• Our Sites/Services may enable product purchases. We reserve the right to modify or terminate Products, change advertised Products/prices, and limit quantities. We disclaim warranties on product information accuracy and may modify/cancel orders for various reasons.
Promo codes and discounts may be offered, subject to specific conditions. Taxes may be added as required by law. Membership freezing is allowed for injuries or pregnancies, and reservations must adhere to specified timeframes.
Membership packages may incur penalty charges for late cancellations or absences. Cancellations are permitted with a doctor's order or verified relocation, subject to our discretion. Payment processing is facilitated through a third-party payment processor, Stripe, and is subject to their terms.
For further details on promo codes, discounts, taxes, freezing membership, reservations, membership packages, and payment processing, please refer to the complete document.
Refunds, Returns, Exchanges, and Cancellations:
Refunds:
Eligible Products returned within seven (7) days receive a full refund to the original payment method. If refunding to the original method isn't feasible, we may contact you for alternative payment information or issue store credit.
Exchanges:
Eligible Products returned within thirty (30) days may be exchanged for an item of equal or lesser value. If done within seven (7) days, any price difference will be refunded to the original payment method. After seven (7) days, the difference will be issued as store credit.
No returns or exchanges without a receipt. Certain items, such as sale merchandise, equipment, PPE items, and exclusives, are non-returnable.
Classes and Membership Packages:
Classes and membership packages are non-refundable. No refunds are offered beyond statutory rights. Exercise caution in membership purchases to ensure satisfaction.
Cancellations:
Classes must be canceled 12 hours in advance; otherwise, deductions apply. This includes switching time slots. Products must be returned in new and unused condition, preferably in their original packaging. Refund amount may be reduced if the product is handled in a way that diminishes its value beyond necessary inspection. Customers bear the cost of returning products unless faulty or misdescribed.
We will issue a full refund, including basic delivery charges, as soon as possible to the original payment method.
General Policies, Rules, and Regulations Governing Our Classes:
Non-Recording Agreement:
Recording or transmitting Playkout classes or activities, in person or online, without prior written consent from an authorized corporate officer of Playkout is strictly prohibited. Instructors cannot provide consent. Violations lead to exclusion from Playkout activities and indemnification of Playkout against resulting claims.
Prohibited Behavior:
Users agree not to engage in Prohibited Behavior, ensuring a safe environment. Prohibited Behavior includes inappropriate clothing, nudity, playing audible music, unsafe equipment use, and violation of posted rules.
Breach of these rules leads to exclusion from Playkout activities.
Health and Safety:
Participants acknowledge inherent risks in the strenuous Playkout’s workout program and/or any type of lesson provided in their venues. Participants release Playkout from any responsibility for injuries, harm, or loss, assuming all risks for health and well-being.
Personal Belongings:
Playkout is not responsible for safeguarding personal belongings during studio presence. Participants assume all risk of loss.
WiFi Access:
WiFi access is provided at our discretion and is subject to these Terms. Users must comply with these Terms while using WiFi. Playkout is not responsible for data or content accessed through WiFi. WiFi is provided as-is, with no representations or warranties regarding availability, functionality, or security.
6. DESCRIPTIONS, TESTIMONIALS, OPINIONS, RELIANCE
Our Services may include opinions from experts or instructors. Information marked as expert or instructor opinion, or accessed via hyperlink, reflects the views of these respective experts or instructors, not necessarily those of Playkout. Statements related to supplements, diets, or similar products should not be construed as medical advice or claims about effectiveness or suitability for treating medical conditions.
Blogs or testimonials on our Services may provide information on product or service usage. Some statements are not authored by us and don't represent our opinion. Others written by us are not warranties and should not be relied upon as such.
Our Services may present information on events, charitable causes, etc., for informational purposes only, not as an endorsement by us.
Information on or through our Sites or Services, from Playkout, employees, affiliates, or third parties, is provided solely for general information. We make no warranties about its accuracy, currency, completeness, or usefulness. Reliance on such information is at your own risk. We reserve the right to withdraw or amend our Sites or Services at our discretion without notice.
WE DISCLAIM ANY REPRESENTATION OR WARRANTY IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS IN SUCH CONTENT HAVE NOT BEEN SCIENTIFICALLY SUBSTANTIATED OR APPROVED BY THE FDA. NONE OF OUR SITES PROVIDE MEDICAL ADVICE OR CLAIM DRUG EFFECTIVENESS. WE ARE NOT LEGALLY RESPONSIBLE FOR ERRORS OR OMISSIONS IN OUR SITES OR SERVICES CONTENT.
7. USER CONTENT
You are responsible for User Content posted, uploaded, or transmitted through our Services. We may alter or delete User Content for any reason. You warrant that your User Content is truthful, accurate, not misleading, and offered in good faith. Do not upload content protected by third-party rights without permission.
By submitting User Content, you grant us the right to use it as we see fit. Each Services user can access and use your User Content, subject to these Terms.
Any personally identifiable information submitted may be handled as per our Privacy Policy. In our venues, there is constant video surveillance, we may use footage and pictures from those video recordings and you are hereby granting the right to utilize images, videos, and other multimedia content for posting on our designated social media platforms.
FORUMS
We may host interactive features like message boards. User Content posted in Forums may not be endorsed by us, and we do not guarantee its accuracy or authenticity. Forums are public spaces; your participation creates no expectation of privacy. We reserve the right to remove any Forum Content at any time for any reason.
SHARING USER CONTENT
Our Services may allow sharing of User Content. Ensure recipients want to receive such content. We disclaim responsibility for any consequences of sharing.
PROHIBITED CONTENT
User Content must not contain profanity, discriminatory content, inappropriate sexual material, illegal activity promotion, private/confidential information, content violating third-party rights, or any other inappropriate content. We retain the right to determine Prohibited Content and to remove User Content for any reason.
9. COPYRIGHT INFRINGEMENT NOTICES (USA)
You acknowledge that all content and materials available on or through the Services are protected by copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by us or our licensors. You may only use the Services or their contents as expressly permitted in these Terms of Service and for no other purpose. We, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Services. Except as expressly provided in these Terms of Service or as we may otherwise expressly authorize in advance in writing, you shall have no right to, and you agree not to (directly or indirectly), own, use, sell, license, sublicense, assign, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, translate, improve, edit or create any new or derivative works from the Services, or any content or materials available through the Services (including software), in whole or in part. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.
You shall have no rights to the proprietary software and related documentation, if any, provided to you by or on behalf of us in order to access the Services.
The trade names, trademarks, service marks and logos displayed through the Services are the property of us and/or other third parties. Except when referring to Us and/or its products and services, you may not use our trade names, trademarks, service marks or logos (including the marks listed below)—or any trade name, trademark, service mark or logo confusingly similar thereto. Nothing contained in the Services should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the applicable owner.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send to us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov for details), which, with respect to notices of alleged infringement, currently include, among other requirements, the following:
• A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• A description of the allegedly infringing material and information sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
DMCA agent notices and counter-notices must be sent in writing to hello@letsplaykout.com
10. MOBILE SERVICES
Some Services may be accessible via mobile phone. Your carrier’s normal rates apply. Your use may be restricted by your carrier. We disclaim all warranties related to Mobile Apps.
We are solely responsible for addressing claims related to Mobile Apps, including product liability, legal requirements, and intellectual property. App Store Providers are third-party beneficiaries of these Terms.
11. TERMINATION & SURVIVAL
We may terminate your access at our discretion. You may terminate your account. Termination for breach will not entitle a refund. Certain provisions survive termination.
12. THIRD PARTY SITES
Our Services may contain links to third-party sites. We do not control them and are not responsible for their content or practices. Your use of third-party sites is at your own risk, subject to their terms and conditions.
13. ASSIGNMENT CLAUSE:
You are not permitted to assign or transfer these Terms, along with any associated rights or obligations, without obtaining prior written consent. Any attempt to assign or transfer without adhering to this requirement will be deemed void. However, under applicable law, we retain the right to freely assign or transfer these Terms. The terms and conditions herein are binding on the involved parties, including their legal representatives, successors, and assigns.
14. FEES CLAUSE:
Acknowledging Playkout's service fees you recognize the possibility of fee adjustments at Playkout's discretion, subject to applicable law. Playkout reserves the right to modify fees periodically.
15. NON-HARASSMENT:
Playkout expressly disapproves of any unwelcome, inappropriate, or offensive conduct by its personnel or members. If you believe you have experienced such behavior, report it promptly to the individual involved or contact the Client Experience Team at hello@letsplaykout.com. Provide detailed written information regarding the incident, including date, time, location, witnesses, and surrounding facts.
16. FEEDBACK:
Your feedback regarding our Services is welcomed but is considered non-confidential and non-proprietary. By providing feedback, you grant Playkout an unrestricted, perpetual right to utilize, modify, publish, or disseminate it without any obligation or compensation.
17. CONSENT TO COMMUNICATIONS:
Your use of our Sites or Apps constitutes electronic communication with us.
18. SERVICES INTERRUPTIONS:
Temporary or permanent Service Interruptions may occur without notice for security, maintenance, system failures, or similar circumstances. You acknowledge and agree that no refund or rebate is applicable during such interruptions.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT, OTHER THAN TO THE EXTENT THAT ANY WARRANTY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW (IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOLLOWING DISCLAIMER OF WARRANTIES PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF TEXAS AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT), (A) THE SERVICES AND ALL MATERIALS, RESOURCES, INFORMATION, SOFTWARE, THIRD PARTY RESOURCES, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES (COLLECTIVELY, TOGETHER WITH THE SERVICES, THE “OFFERING”) ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE” FOR YOUR USE. THE OFFERING IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE; AND (B) NONE OF US, ITS SUBSIDIARIES OR ITS AFFILIATES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, NOR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “PLAYKOUT PARTIES”), MAKE ANY WARRANTY THAT THE CONTENT OF THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; THAT THE SERVICES ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE THROUGH THE SERVICES. ALL DISCLAIMERS OF ANY KIND IN THESE TERM OF SERVICE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERM OF SERVICE) ARE MADE ON BEHALF OF ALL PLAYKOUT PARTIES.
20. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ANY PLAYKOUT PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO THE OFFERING OR THESE TERMS OF SERVICE, INCLUDING DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, RESOURCES, PRODUCTS, THIRD PARTY RESOURCES OR FROM INFORMATION MADE AVAILABLE THROUGH THE SERVICES OR ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THE FOREGOING LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SECTION TITLED “TRANSACTIONS,” YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE OFFERING IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF ALL PLAYKOUT PARTIES, IN THE AGGREGATE, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS (EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE), SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USE SOLELY TO USE THE SERVICES; AND (B) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THESE TERM OF SERVICE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERM OF SERVICE) ARE MADE ON BEHALF OF ALL PLAYKOUT PARTIES.
IF ANY LAW THAT APPLIES TO YOU DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH ABOVE, TO THE EXTENT REQUIRED BY SUCH APPLICABLE LAW, THE APPLICABLE EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU (AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS) AND OUR LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERM OF SERVICE SHALL BE LIMITED TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF TEXAS AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
21. INDEMNIFICATION
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Playkout Parties from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including Your Submissions); or (b) any violation or alleged violation of these Term of service by you. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING INDEMNIFICATION PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF TEXAS AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
22. GOVERNING LAW
These Term of service, your use of the Services, all transactions through the Services and any claims arising out of or relating to the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be governed by the laws of the State of Texas without regard to Texas’s conflict of law provisions that would require the application of the laws of another jurisdiction.
23. ARBITRATION DISPUTES
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) US AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=lates treleased), as amended by these Terms of Service. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Term of service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Term of service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Term of service will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.
24. COVID-19 LIABILITY DISCLAIMER:
Acknowledging COVID-19 risks, you assume responsibility for related injuries or illnesses. You agree not to sue Playkout for COVID-19-related claims.
25. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER:
These Terms, along with any other legal agreements, constitute the entire agreement, superseding all prior terms. No waiver of any term shall be deemed permanent.
NOTIFICATIONS:
Notifications may be delivered via email, mobile, hard copy, or on our Services. Playkout is not responsible for automatic filtering.
UPDATES TO TERMS:
Terms may be revised periodically, with changes becoming immediately effective. Check the "Last Updated" date. Playkout may assign these Terms; however, you may not without prior written consent.
OTHER POLICIES:
These Terms are exclusive to your access and use of linked Services, not altering other agreements, policies, or specific rules governing sweepstakes, contests, or promotions, including but not limited to any waiver signed by you to use the Service.
THIRD PARTY BENEFICIARIES
The third-party owners of any Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.
CONTACTING US:
For any queries about these Terms or related to Services, contact Playkout at hello@letsplaykout.com
