Terms of Service

Thank you for downloading the PBR – SEQL mobile device application (the “App”), which is developed and made available by SEQL Inc. (the “Company”).  These Terms of Service (“Agreement”) govern your browsing, viewing and other use of the App.

Please read this Agreement carefully, as it (among other things) provides in Section 17 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company unless you opt out as provided in such agreement to arbitrate.  Please only create an App account or otherwise use the App if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and the Company.  If you do not agree with any aspect of this Agreement, then do not create an App account or otherwise use the App. 

If you are viewing this on your mobile device, you can also view this Agreement via a web browser on your computer at https://www.seql.com/termsofservice. 

Note for Children.  Use of the App by anyone under the age of 13 is prohibited.  By using the App, you represent and warrant that are you at least 13 years of age.  Minors under 18 and at least 13 years of age are only permitted to use the App through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. 

The Company’s Privacy Policy, at https://www.seql.com/privacypolicy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by the Company in connection with the App.  The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.

1. How it Works.

 The App allows users to input and upload certain information and media (including video and images) relating their athletic performance, goals and athletic competitions and training in which they participate. The App  also allows users to access coaching and training advice and the Company makes content inputted or uploaded to the App available to university and college athletic departments, coaches and athlete recruiters and scouts with whom the Company has partnered for purposes of evaluating athletic achievement and prowess of App users.

2. Fees.

 Your access to the App will be made available by us at no charge to you.  We reserve the right to commence charging fees for all or any portion of the features or functionality provided on the App upon prior notice to you and subject to your agreement to pay such fees.  If and when we charge fees in connection with your use of the App, we may use a third party payment service to bill you through an online account for fees associated with your use of the App in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service, which may change from time to time; you agree that we will not be responsible for any failure of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to these Terms. You agree that we may change the third party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology.

3. Your Content.

3.1  You understand that all services are provided to you through the App on an “as-available” basis and the Company does not guarantee that the availability or operation of the App will be uninterrupted or bug free.  You agree you are responsible for all content provided by you to the App and all activities that occur under your user account.

3.2 You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, license to reproduce, display, transmit and otherwise use content provided by you with respect to your use of the App, including your name, nickname, image, likenesses, other identifications, and biographical material that you provide to the App or that appear in any content that you provide to the App (“Your Content”), in any manner that is necessary or desirable to provide the features and functionality of the App and any related products and services (e.g., a portal used by coaches, recruiters and scouts).  You also hereby grant to each user of the App or user of the App and any such related products and services a non-exclusive license to access and view Your Content as permitted by the functionality of the App.  The aforementioned licenses will terminate with respect to any particular item of Your Content when you or the Company remove it from the App, provided that you acknowledge that such licenses survive to the extent necessary for a copy of Your Content to be retained by the Company.

3.3  In connection with Your Content, you further represent and warrant that you will: (i) not provide any of Your Content that you do not own or that is otherwise subject to any third party intellectual property or proprietary rights; (ii) not provide Your Content that violates the rights of publicity or privacy rights of any person; (iii) to the extent required under applicable law, have obtained valid written permission from each individual person whose image or likeness is used in Your Content sufficient to grant all of the license rights granted herein; (iv) not provide any content that that is unlawful, defamatory, disparaging, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (v) not post advertisements or marketing content or solicitations of business, or any content of a commercial nature.  The Company may investigate an allegation that Your Content does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove any portion of Your Content, which the Company reserves the right to do at any time.  If you are a copyright holder and believe in good faith that your content has been made available through the App without your authorization, you may follow the process outlined at https://www.seql.com/dmcapolicy to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.

3.4 You hereby acknowledge that you may be exposed to content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the App, and further acknowledge that the Company does not control the content posted by App users and does not have any obligation to monitor such content for any purpose.

3.5 Messaging Services.  The App may allow you to communicate with other App users using messaging, video-conferencing, file-sharing or other applications as we may from time to time make available through the App, which may be third-party applications, that allows App users to communicate with one another and certain third parties who are not App users. You understand that we are not responsible for any content communicated on such messaging services. However, if you would like to report a concern about a communication, you may contact us at [email protected].

4. Representations and Warranties. 

You represent, warrant and covenant that, in connection with this Agreement or the App, you will not and will not attempt to: (i) violate any laws, third party rights or our community guidelines and other policies; (ii) re-join or attempt to use the App if the Company has banned or suspended you; (iii) defraud the Company or another user; or (iv) use another user’s account or allow another person to use your user account.  Any illegal activities undertaken in connection with the App may be referred to the authorities.

5. License to Use the App. 

If you have downloaded the App, then, subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the App on a compatible mobile device for your personal use, in each case in the manner enabled by the Company. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service.

6. Ownership; Proprietary Rights.

As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the App and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.  You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the App or any version(s) thereof at any time in its sole discretion, with or without notice. 

7. Third Party Sites; Services. 

The App may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.  The App may include features or functionalities that interoperate with services operated by third parties, which may be pursuant to a generally available application programming interface made available by such a third party or pursuant to an agreement that we have with such a third party. We have no control over any features or functionalities offered by any third party, and those features or functionalities may be modified, suspended or terminated at any time with no notice.

8. Mobile Services.

Use of the App requires usage of data and messaging services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees, messaging fees and any other fees that your wireless service carrier may charge in connection with your use of the App.

9. Prohibited Uses. 

As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by this Agreement. You may not use the App in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.  You agree not to scrape or otherwise use automated means to access or gather information from the App, and agree not to bypass any robot exclusion measures we may put into place.  In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).

10. Additional Terms. 

When you use certain features or materials on the App, or participate in a particular promotion, training or coaching session or event through the App, such use or participation may be subject to additional terms and conditions posted on the App. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.

11. Termination. 

You may terminate this Agreement at any time, for any reason or for no reason, by deleting your App account by contacting us at [[email protected], Robert de Wolff, 303 W. 5th street, Austin, Texas 7870].  Note that deleting the App from your device will not terminate your App account.  You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the App, at any time and without notice.  The Company may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice.  You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2, 3.2, 3.3, 4 and 6 through 19 (inclusive) will survive any termination of this Agreement.

12. Apple. 

You hereby acknowledge and agree that Apple, Inc.: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) is a third party beneficiary of this Agreement with the right to enforce its terms against you directly.

13. Disclaimers; No Warranties. 

THE APP AND ANY INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Indemnification. 

You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the App or your breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

15. Release.  

The App may offer tools and resources to connect App users seeking athletic training with those seeking to provide coaching services through the App. The Company: (a) does not employ, recommend or endorse any coaches or trainers or content from such coaches or trainers may be made available from time to time on the App and has no control over the acts or omissions of any coaches or trainers; (b) is not responsible or liable in any manner for the performance or conduct of any coaches or trainers or other third parties online or offline; (c) makes no representations or warranties about the quality of content provided by any coach or trainer or about your interactions or dealings with coaches or trainers; and (d) does not screen content made available on the App by coaches or trainers or conduct any kind of identity or background checks except as otherwise expressly stated in this Agreement. Regardless of whether the Company screens users or performs a background check, you should exercise caution and perform your own screening before connecting with any other user through the App or following any particular training or coaching plan or regimen. You should always consult with your fdoctor before beginning any exercise program, and no content made available in connection with the App should be construed to constitute, or service as a substitute for, medical advice from a duly licensed healthcare professional. The Company hereby expressly disclaims, and you hereby expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries (including personal injury), loss, harm or damages arising from or related to the App, your interactions or dealings with other users or content provided by coaches or trainers through the App, including any acts or omissions of users online or offline.  You hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any other similar provision of applicable law that applies to you. Your use of the App and any content made available on the App is at your sole and exclusive risk.

16. Limitation of Liability and Damages. 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE APP, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE APP DURING THE THREE MONTHS PRECEDING THE DATE OF THE CLAIM, IF ANY, AND (II) FIFTY U.S. DOLLARS.

17. Arbitration.

17.1 Agreement to Arbitrate. This Section 17 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement or the App, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  THE COMPANY AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER COMPANY OR YOU. 17.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 17.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 16. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company. 17.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. 17.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different App users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law. 17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules.  Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. 17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. 17.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 17.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 17.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply. 17.9. Opt Out. You may opt out of this agreement to arbitrate in this Section 17.  If you do so, neither you nor we can require the other to participate in an arbitration proceeding.  To opt out, you must notify us in writing within thirty (30) days after the date that you first became subject to this Arbitration Agreement.  The opt out notice must state that you do not agree to the agreement to arbitrate and must include your name, address, phone number, your user account to which the opt out applies and a clear statement that you want to opt out of this Arbitration Agreement.  You must sign the opt out notice for it to be effective.  This procedure is the only way you can opt out of this Arbitration Agreement.  You must use this email address to send your opt-out notice to the Company: [email protected]. 

18. Miscellaneous. 

The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the App user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.  Under this Agreement, you consent to receive communications from the Company electronically, including without limitation via email or push notifications. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the App that is not subject to arbitration under Section 17 shall be filed only in the state or federal courts in Virginia (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.

19. More Information; Complaints. 

The services hereunder are offered by SEQL Inc., located at [Robert de Wolff, 303 W. 5th street, Austin, Texas 7870], email: [email protected], telephone: [+1 (804) 214-5678].  If you are a California resident, note that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at  (800) 952-5210. Hearing impaired users can call (800) 735-2929 (TTY) or (800) 735-2922 (Voice).

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