Last updated July 30, 2024
Prior to engaging with Sportogy (hereinafter referred to as the “Website”), it is imperative that you thoroughly read and agree to the following Usage Terms. By registering for or navigating through the Website, you, as a participant (hereinafter referred to as “Participant”), consent to be bound by these Usage Terms (the "Contract") established with Sportogy. In this Contract, the Company will refer to you as "you", "your", or "Participant". The Company reserves the right to amend this Contract at any time, with revisions coming into effect immediately upon posting. It is your duty to consistently review the Usage Terms on the Website. Continued use of your account indicates your agreement to adhere to the revised Usage Terms.
"Member" or "Membership" denotes a Participant who holds an authorized username and password for the Website throughout the term of the membership.
"Website" pertains to Sportogy, through which the Participant obtains a username and password for accessing the Website’s content and reaping the benefits of Membership.
This website is strictly intended for adult use. By accessing or subscribing to this website, you confirm to the Company and/or its content licensors that you are legally an adult, aged 18 or above, or of legal majority in your location, under the threat of perjury. You undertake to prevent any minor under the age of 18 from accessing the materials on this website. Your engagement with this site is a voluntary act for personal enjoyment, including viewing, reading, and listening to various types of content.
The materials provided on this site, such as text, data, software, manuscripts, graphics, images, music, audio, videos, interactive elements, blogs, comments, feedback, messages, tags, and other related materials ("Content"), as well as all trademarks, service marks, and logos ("Marks") embedded within, are either owned by or licensed to the Company. These materials are protected under copyright and intellectual property laws both in the United States and internationally, governed by relevant global agreements. The Content is offered solely for your personal and non-commercial informational use. You are prohibited from using, copying, or distributing any of the Content except as specifically allowed under the terms here. Should you choose to download or print Content for personal use, you must keep intact all copyright and proprietary notices. Additionally, you agree not to circumvent, disable, or otherwise interfere with security-related features of the services provided on this website. All intellectual and proprietary rights in the Content and any services offered on the site are retained by the Company. No rights are granted to you to use any of the Marks.
Subscriptions to our services incur fees ("Subscription Fees"), which are outlined at the time of registration and may change. These fees generally include an initial one-time charge followed by subsequent recurring fees as agreed during registration. By subscribing, you agree to bear all costs until you cancel the subscription. Recurring charges are automatically processed each month without further authorization. All such charges will stop once your membership ends. To terminate your subscription, refer to the customer service contact information provided on your credit card statement.
Some services may require one-time or advance payments for specific offerings.
Payments may be processed through credit card processors or banks outside the United States, potentially leading to foreign transaction fees or similar expenses from your bank or card issuer. For transactional convenience, your credit card details might be securely stored by us or our agents (e.g., payment gateways). By using our services, you consent to this storage and authorize future charges to your card.
If a payment is declined, the Company may attempt to process the payment again within seven days. Scheduled rebills will proceed as originally planned. The Company reserves the right to adjust the cost of future rebills or the initial amount to a lower price while maintaining the standard rebill amount for subsequent periods unless cancelled 48 hours before the next due date. An administrative fee of up to $2.00 may be charged for failed recurring payments to keep your subscription active. For details on rebill amounts or dates, please contact our customer service.
Your purchases may be subject to Value-Added Tax (VAT), Sales Tax, or other applicable taxes depending on your location, in accordance with local laws. Note that tax rates can change.
Membership can be canceled at any time by the member, with the cancellation taking effect immediately upon notification. Once the Website has been accessed, fees are non-refundable. Inability to access the Website, if not caused by the Company, will not qualify for a refund.
If a refund is granted, it will be issued by the Company using the original payment method. Refunds in the form of cash or checks are not available. All refunds are processed within ten days after the User has communicated with the Company’s customer service team.
We rigorously investigate each chargeback, which could impact your future ability to make purchases on the Site. In the event of suspected fraudulent activity, the Company may reach out to the User's payment providers, including credit and debit card issuaries, to protect the User and mitigate future unauthorized activities.
Users are granted a unique right to access and use the Site or its contents exclusively for personal, non-commercial purposes. This right is non-transferrable and solely for the User’s individual use. Commercial use or third-party utilization of the Site and its content is strictly prohibited. Users may not redistribute, modify, or alter any materials from the Site, nor may they engage in the public display, rental, sale, or distribution of such materials. This includes adhering to all relevant copyright, trademark, or other proprietary notices. The Company and the Site reserve the right to terminate access rights in the event of a violation of these terms.
Access to this Site is secured by a specific username and password. It is imperative that users do not share these credentials and maintain their confidentiality. Passwords will be issued solely to the registered user, unless a legal requirement mandates otherwise. Unauthorized entry into the Site is considered a violation of this Agreement. The Company reserves the right to monitor user activities via specialized software.
The services provided by this Site are available on an "As-Is" basis. The Company expressly disclaims all implied warranties to the fullest extent allowed by law, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Where the law limits the exclusion of implied warranties, any such warranty shall be limited to the shortest duration mandated by law. If the law does not specify a duration, a thirty (30) day period from the date of first use on the Site will apply. No promises are made concerning the results of using the Site’s services, nor is there a guarantee of uninterrupted or error-free service.
You acknowledge that the Company will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages resulting from or connected to your use or inability to use the services on this Site. Should you bring any legal action against the Company, the liability of the Company to you shall not exceed the amount you have paid to the Company in the 120 days prior to the initial claim. Additionally, any claim or cause of action you may have relating to these Terms and Conditions or your use of the Site must be filed within one year of its occurrence; otherwise, it will be permanently barred.
You agree to indemnify and hold harmless the Company, including its shareholders, directors, officers, employees, agents, contractors, licensors, and licensees, against any losses, liabilities, claims, demands, or costs, including attorney’s fees, incurred by any third party due to your use of the services on the Site or your breach of these Terms and Conditions.
The Site may feature links to external websites, sponsors, or advertisers, which are not under the Company’s ownership or control. The inclusion or linking to these third-party sites does not imply endorsement or approval by the Company. The Company disclaims all responsibility for the content, privacy policies, or practices of any third-party entities. By using the Site, you agree to release the Company from any liability associated with your interactions with third-party websites, content, services, or software linked through the Site.
Your dealings or engagements with sponsors, advertisers, or other third parties encountered through the Site are solely between you and such entities. The Company is not responsible for any harm or damage arising from your interactions with these third parties or their inclusion on the Site.
Membership fees for access to the Site are subject to change at the discretion of the Company. Current standard and monthly membership rates are provided on the Site's payment page and will be reflected on your credit card statement or your chosen payment method.
By engaging with the Site, you consent to receive electronic communications such as emails from the Company. These communications may pertain to your account and include information about the Site or its services, forming an integral part of your membership with the Company. You acknowledge that these electronic communications satisfy any legal requirements that such communications be in writing.
You acknowledge and agree that your email address and other communication methods may be utilized to send you promotional messages or communications. Occasionally, you might receive emails or other messages that include offers with a pre-ticked option. Unless you actively uncheck this option (i.e., "OPT-OUT"), the Site may share your personal profile data with the third-party associated with the offer. If you choose to opt out by deselecting the pre-ticked option, your personal details will remain confidential and will not be shared with any third-party service or content provider.
The software and content accessed through the Site are subject to U.S. export control laws. Users are prohibited from downloading, exporting, or re-exporting any software or content to any country under U.S. embargo or to any entity listed on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List. By using the software or content, you confirm that you are neither located in, under the control of, nor a resident of any such embargoed countries or listed entities.
The laws of the Republic of Cyprus will govern these Terms and Conditions, disregarding any principles of conflicts of law.
Any legal actions or arbitration resulting from these Terms and Conditions will be conducted exclusively in the Republic of Cyprus.
Obligatory Arbitration - In the event of a dispute arising under this Agreement, both parties agree to initially attempt resolution through good faith discussions. If these discussions prove unsuccessful, binding arbitration may be invoked in accordance with the relevant Arbitration Ordinance. Arbitration will exclude claims related to workers' compensation, unemployment insurance, intellectual property rights, and actions seeking injunctions or similar equitable remedies. Arbitrations will take place in the Republic of Cyprus, overseen by an arbitrator with expertise in internet and e-commerce disputes, who will maintain impartiality throughout the proceedings.
The arbitrator is not permitted to award punitive damages, certify class actions, introduce additional parties, or violate the terms of this Agreement. Arbitration will adhere to the laws of Cyprus, with the arbitrator required to deliver a detailed written ruling within 30 days following the arbitration's conclusion. BOTH PARTIES RENOUNCE ANY RIGHT TO A JURY TRIAL FOR THESE CLAIMS.
Retention of Arbitration Rights - Arbitration rights are only relinquishable through a written and explicit agreement. No form of litigation initiation or other actions shall constitute a waiver or forfeiture of these arbitration rights.
Restrictions on Legal Proceedings - Legal claims related to this Agreement, excluding those concerning intellectual property, demands for outstanding payments, and indemnification requests, must be initiated within one year from the event giving rise to such claims.
IN ANY DISPUTE, NEITHER PARTY NOR ANY THIRD PARTY IS PERMITTED TO BRING FORWARD CLASS OR CONSOLIDATED CLAIMS OR TO ARBITRATE ON BEHALF OF OTHERS. YOU HEREBY FOREGO ANY RIGHTS TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS CONCERNING THESE MATTERS.
No party shall be held accountable for delays or failures in performance resulting from acts beyond their control, such as natural disasters, acts of terrorism, strikes, embargoes, fires, warfare, or other similar unforeseen events.
This Agreement, inclusive of the Terms and Conditions, Privacy Policy, and any other legal notifications published by the Company on the Site, encapsulates the entire agreement between You and the Company regarding the use of the Site. If any provision of these Terms and Conditions is found invalid by a competent court, such invalidity will not affect the enforceability of the remaining provisions, which will continue in full force and effect. No waiver of any specific term or condition shall imply a waiver of any other term, nor shall any failure to enforce a right or provision be deemed a waiver of such right or provision.
Should a court or arbitrator deem any section of this Agreement unenforceable, that section shall be enforced to the maximum extent permissible so that the remainder of the Agreement continues to be effective.
The Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any term, clause, or provision is judged to be invalid or unenforceable, this invalidity will not affect the other terms, clauses, or provisions which will remain in effect, and the invalid term will be regarded as severed from this Agreement.
We comply with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), and maintain a policy that could result in the termination of your rights to use the Site should you infringe this policy. If you believe that your copyright has been infringed upon on the Site, please contact our DMCA Copyright Agent according to the DMCA guidelines. To adhere to DMCA compliance, you must provide: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a location of the infringing material on the Site; (d) your contact information; (e) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a sworn statement, under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner. Please be aware that your notification may be sent to the party who provided the allegedly infringing content. For DMCA related issues, contact our DMCA Copyright Agent at [email protected].
Under Section 512(f) of the DMCA, individuals who knowingly misrepresent that material or activity is infringing may be subject to liability. If you believe your content has been mistakenly removed or disabled under Section 17, you are encouraged to submit a counter-notification to our DMCA Copyright Agent. Be mindful that making false claims about mistaken removal or misidentification can also expose you to liability.
The titles and headings used in these Terms and Conditions serve merely for organizational purposes and do not influence, restrict, or clarify any terms contained herein. Definitions of terms are valid in both their singular and plural forms, and pronouns are adapted to fit masculine, feminine, and neutral contexts as required.
The rights and obligations set forth in these Terms and Conditions are not eligible for resale, assignment, or transfer without the explicit written approval of the Company. Conversely, the Company reserves the right to transfer or assign its rights and obligations under these Terms and Conditions at any point without prior notification or consent.
The Site may communicate with users through electronic messaging, general announcements posted on the site, or traditional mail. Correspondences from users to the Company are to be made electronically, except as differently specified within this Agreement.
Galway Winds LLC
3655 W Anthem Way Ste A109201
Anthem, AZ 85086
[email protected]
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