Terms and Conditions of Use

To access the Application, you must set up an account on SafeSport’s platform. You must be invited by an employee of SafeSport or NGB and be 18 years of age or older to set up an account and access the Application. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to SafeSport or anyone else) caused by someone using your account without your permission. You must keep your account information, including passwords, confidential and may not transfer your account to someone else or use someone else’s account without their permission. If you share your account information with someone else, you are responsible for what happens with your account and SafeSport will not intervene in disputes between Users who have shared account login information.

SafeSport grants to you, the User, a limited, non-exclusive, revocable, non-transferable license to access and view the Application and associated content, solely for compliance enforcement purposes, in accordance with the terms of this Agreement. All other uses of the Application are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, edit, create derivative works of, sublicense, or otherwise transfer or use any data or any other content within the Application unless SafeSport gives you explicit permission to do so in a written agreement signed by an authorized representative of SafeSport.

You may terminate your User account at any time. Upon termination, Users will no longer have access to any data, material, or content created or stored within the Application (collectively, “Application Data”), and you agree to permanently delete any and all Application Data stored on any personal device.

USE OF, OR ACCESS TO THE APPLICATION OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT USER’S OWN RISK.

APPLICATION IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. SAFESPORT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO THE COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION OR THAT THE APPLICATION OR ITEMS OBTAINED THROUGH THE APPLICATION WILL MEET THE USER’S NEEDS OR EXPECTATIONS.

User will be granted a limited, non-exclusive, revocable, non-transferable license to access the Application. User is not permitted to sub-license this access to anyone else. All Application Data is wholly owned by SafeSport and may be protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as set forth herein, no right, title or interest in or to the Application or Application Data or any portion thereof, is transferred to the User, and all rights not expressly granted herein are reserved by SafeSport. The SafeSport name, logo, and all related names, graphics, logos, product and service names, designs and slogans are trademarks of SafeSport. You may not use such marks without the prior written permission of SafeSport. User agrees that SafeSport may track, collect, and store the names, email addresses, dates of birth, or other identifying information of all Users who access the Application, as well as the specific Application Data each User accesses or uses (collectively, “User Data”). User agrees and acknowledges that SafeSport is, subject to the SafeSport Privacy Policy and other applicable laws, the sole owner of all User Data, and is authorized to use User Data however SafeSport deems necessary and appropriate, in its sole discretion, to further its mission of preventing sexual, physical, and emotional abuse in sport.

SafeSport will take all commercially reasonable efforts to provide uninterrupted access to the Application. However, from time to time, Users may be unable to access the Application due to maintenance, or conditions beyond SafeSport’s control. In response to any unavailability of the Application, SafeSport will take commercially reasonable steps to ensure access is restored within a reasonable amount of time. SafeSport takes ordinary and customary security measures in protecting User Data passing through Application, and the portions of non-public network within SafeSport’s control. SafeSport accepts no responsibility beyond ordinary and customary responsibilities. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for access and use of the Application.

SafeSport may terminate any User account if: (1) User has breached any term of this Agreement, including payment terms; (2) if SafeSport determines, in its sole discretion, User is not making fair use of the Application or otherwise should not have access to the Application; or (3) if SafeSport determines, in its sole discretion, that it is in SafeSport’s best interest to discontinue the Application.

User agrees to indemnify and hold harmless SafeSport and its directors, officers, employees, volunteers, agents, shareholders, and contractors against any and all claims resulting from User’s improper or unlawful use of the Application. USER AGREES THAT SAFESPORT AND ITS PERSONNEL SHALL NOT BE LIABLE TO THE USER FOR ANY CLAIMS, LIABILITIES, OR EXPENSES RELATING TO THIS AGREEMENT OR USE OF THE APPLICATION FOR AN AGGREGATE AMOUNT GREATER THAN $1,000. IN NO EVENT SHALL SAFESPORT OR ITS PERSONNEL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE, OR EXPENSE RELATING TO THIS AGREEMENT, EVEN IF SAFESPORT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. The provisions of this section shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. In circumstances where all or any portion of the provisions of this section are finally judicially determined to be unavailable, SafeSport’s aggregate liability for any claims, liabilities, or expenses relating to this engagement shall not exceed an amount which is proportional to the relative fault that SafeSport’s conduct bears to all other conduct giving rise to such claims, liabilities, or expenses.

Any unforeseen disputes arising under this Agreement, except disputes for User’s non-payment, which cannot be settled between the two Parties will be submitted to arbitration before one arbitrator by JAMS under the then-applicable American Arbitration Association procedures for commercial arbitration either online or in Denver, Colorado. SafeSport and User agree that arbitration by JAMS will be a final and binding resolution and the prevailing Party shall be entitled to recover reasonable attorney fees in arbitration. No action, regardless of form, relating to this Agreement or the Services, may be brought by either Party more than one year after the cause of action has accrued, except that SafeSport may bring an action for non-payment not later than one year following the date of the last payment due to SafeSport hereunder.

This Agreement supersedes any and all agreements, either oral or written, between the Parties and contains all the covenants and agreements between the Parties with respect to the Application. User acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by SafeSport, or anyone acting on behalf of SafeSport, that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.

No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.

This Agreement (whether in contract, statute, tort (such as negligence), or otherwise), shall be governed by, and construed in accordance with the laws of the State of Colorado (without giving effect to the choice of law principles thereof). Subject to the arbitration provisions contained herein, User submits to jurisdiction in the State of Colorado and agrees that any cause of action arising under this Agreement shall be brought exclusively in a court in Denver County, Colorado.

User acknowledges that you understand the effect of this Agreement and that you have been advised to consult with legal counsel of your own choosing prior to your execution of this Agreement.

If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the Parties set forth herein.

From time to time, SafeSport may update this Agreement to clarify our practices or to reflect new or different practices (such as when we add new features or different functionality or access to the Application), and SafeSport reserves the right, in its sole discretion, to modify and/or make changes to this Agreement at any time. If SafeSport makes any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice on the Website, or in the API. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of the Application after the changes become effective signifies your acceptance of those changes. Any revised Agreement shall supersede all previous Agreements.

You may contact SafeSport at any time, for any reason pertaining to the Application or this Agreement by sending an email our online Support Team by using the following link https://safesportconnect.org/support