1.  Introduction

2.  Thanks for choosing Side Coach Sports! Side Coach Sports is a platform provided and operated by Side Coach Sports Co., a Texas corporation, together with its affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “Side Coach Sports,” “we,” “us,” and/or “our”), that provides a platform for athletes to post instructional content and to schedule and host virtual and in-person athletics training and sports skill instruction sessions. Before using our Services, as defined below, please carefully review the Terms of Service below (“Terms,” or “Agreement”), including our Arbitration and Class Action Waiver provision as outlined in Section 20. These Terms constitute a binding contract between you and Side Coach Sports. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Side Coach Sports. If you have any question regarding the use of our Services, please contact us as described in Section 27.

2. Acceptance of Term

By accessing or using the website located at sidecoachsports.com (including all the areas available through such website, collectively, the "Site") and/or using or viewing various sports training, lessons, skill instruction, or other services or products made available on the Site (together with the Site, the "Services") offered by Side Coach Sports ("User"), you, the user (collectively "Users," or "you"), acknowledge and agree to these legally binding Terms. You also agree to the Side Coach Sports Privacy Policy ("Privacy Policy") and all other operational rules, policies, and procedures that may be published on the Services by Side Coach Sports, which are incorporated by reference.

You agree to use the Services only for lawful purposes and acknowledge that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement.

3. Modification to this Agreement.

From time to time, we may revise these Terms, including the Privacy Policy. Side Coach Sports reserves the right, at its sole discretion, to amend or replace these Terms at any time. The most current version of these Terms (with the revision date stated) will be made available through the Site. If there are any significant changes to these Terms, we will notify you by prominently displaying a notice on the Site or by sending an email to the email address associated with your account. The updated Terms will never apply retroactively, and the updated Terms will indicate the exact date they become effective. It is your responsibility to check these Terms periodically for changes. Your use of the Services following any modification to these Terms constitutes your acceptance of the modified Terms.

4. Side Coach Sports Account Creation.

To use the Services, you must create a Side Coach Sports account ("Account," as further defined below). You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to register an account. Additionally, any Users who will be providing coaching or skill instruction must be a current intercollegiate athlete or a former intercollegiate athlete who has participated on an intercollegiate athletics team within the last eight (8) years or is under thirty (30) years of age.

You declare that the information in your Account, and any other information you provide to us, is accurate, current, and complete, and you agree to update it and keep it accurate, current, and complete. As a User, it is your responsibility to keep your user profile information up to date. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us is inaccurate, not current, incomplete, or makes you ineligible to maintain an Account.

When you create an account to become a registered user, you will be asked to create a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device. You agree to accept responsibility for all activities, charges, and damages that occur under your account. It is a violation of these Terms to allow any other person to use your account. If you discover any unauthorized use of your account or other known account-related security breach, you must report it to us immediately by sending an email to support@sidecoachsports.com. You are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Once you create your account, you will be required to complete a Side Coach Sports Affidavit of Eligibility, Release, and Consent Form. Once you complete execute this form, your submission will be reviewed by Side Coach Sports. If approved, you will have access to our Services. Our Services offer tools, resources, and a platform to connect those seeking athletic training and coaching instruction with those seeking to provide athletic training and coaching services. Side Coach Sports: (a) does not employ, recommend or endorse any specific Users and has no control over the acts or omissions of any Users; (b) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users except as expressly stated on our Services; and (d) does not screen Users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. You should exercise caution and perform your screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user, or obtaining any services. Side Coach Sports hereby expressly disclaims, and you hereby expressly release Side Coach Sports from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other Users, including any acts or omissions of Users online or offline. ALL USE OF OUR SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT SIDE COACH SPORTS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS OR OTHERWISE INQUIRE INTO THE CONDUCT OF USERS. SIDE COACH SPORTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO

5. User Transactions; Release.

Our platform, Side Coach Sports, allows individuals seeking athletic training and coaching to connect with those who provide such services and to facilitate payment for those services. However, any transactions between Users are solely their responsibility, and Side Coach Sports is not a party to such transactions. Therefore, we explicitly disclaim any liability for any disputes, claims, suits, injuries, losses, harm, or damages arising from or related to interactions between Users or third parties.

If you are a coach offering services, you must book the first and all future coaching sessions through our platform. Failure to comply with this policy may result in the suspension of your account.

6. Payment Terms

By providing a credit card or other payment method that Side Coach Sports accepts, you confirm that you are authorized to use the payment method and authorize us (or our third-party payment processor) to charge your payment method for the full amount of your purchase (including any applicable taxes and charges). If your payment method cannot be verified, is invalid or unacceptable, your order may be suspended or canceled. You must address any issues we encounter to proceed with your order. If you want to update your payment information associated with your Side Coach Sports account, you can do so at any time by logging into your account and updating your payment information.

Users who book a coaching session will be charged the full User coach’s training fee plus any applicable Side Coach Sports service charges or taxes when the coaching session is booked. Users can cancel a scheduled coaching session for a full refund within 24 hours of the coaching session. If a user cancels within 24 hours of the coaching session, a 30% cancellation fee will be charged. User coaches will be paid for their training sessions within 72 hours of completing any User coach’s training session. You acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

All prices are shown in U.S. dollars, and any applicable taxes and charges are additional. Prices may be changed at any time and for any reason (or no reason) without prior notice.

Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue certain coaching services without prior notice.

7. Use of Account; Reservation of Rights.

As a requirement for using the Side Coach Sports platform, you agree not to utilize the Services for any purposes that violate our Terms or applicable laws. The Services are exclusively provided for personal use, and you are solely accountable for all of your activities related to the Services. We reserve the right to change, suspend, or terminate any or all aspects of the Services, with or without prior notice to you.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

By using the Services, you agree not to engage in any illegal or fraudulent activities or violate any local, state, national, or international laws, including those governing intellectual property, proprietary rights, data protection and privacy, and import or export control.

You shall not use the Services to conduct competitive analysis, develop a competing product or service, or engage in any other activity that is to our commercial disadvantage. Additionally, you shall not submit information or documentation that belongs to any other party.

Posting, storing, sending, transmitting, or disseminating any material that infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights is strictly prohibited. Attempting to gain unauthorized access to any features of the Services is also prohibited.

You shall not decipher, decompile, remove, disassemble, reverse engineer, or attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent that applicable laws specifically prohibit such restriction.

Additionally, you shall not modify, translate, or create derivative works of any part of the Services, or license, copy, sell, rent, lease, distribute, or otherwise transfer any of the rights that you receive under these Terms. You are also prohibited from commercially exploiting the Services, in whole or in part.

You shall not engage in any unsolicited or unauthorized advertising or promotional activities, including junk mail, spam, or chain letters. Additionally, you shall not post content that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of Side Coach Sports or any third party.

You shall not impersonate any person or entity, including any employee or representative of Side Coach Sports. You shall not take any action that imposes or may impose an unreasonable or disproportionately large load on Side Coach Sports’ or its third-party providers’ infrastructure or interfere with the proper working of the Service or any activities conducted on the Service.

You are prohibited from selling or transferring your profile or posting any content that constitutes a direct or specific threat of violence to others, is in furtherance of illegal activities, is harassing, hateful, libelous, defamatory, abusive, or constitutes spam, or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

Using the Services in any manner that could interfere with or inhibit others from fully enjoying or using our Services is strictly prohibited. You shall not attempt to indicate that you have a relationship with Side Coach Sports or that Side Coach Sports has endorsed you or any services for any purpose unless Side Coach Sports has provided written permission to do so.

If we determine that you have violated any of these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we suspect or learn that anyone is violating these Terms, we may investigate and take legal action as necessary, including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

8. Availability of the Services.

You acknowledge that there may be interruptions in the availability of Side Coach Sports services or events that are beyond our control. Although we make reasonable efforts to keep the services accessible, they may be temporarily unavailable from time to time, such as during system downtime for routine maintenance. Additionally, we cannot be held responsible for any connectivity issues that you may encounter while using the site or for any loss of material, data, transactions, or other information resulting from system outages, whether planned or unplanned, or any issues that arise on third-party sites that may impact your use of the services.

Therefore, you agree that we cannot be held liable to you or any third party should we choose to modify, suspend, or discontinue the Services, including any features, databases, or content, either temporarily or permanently, for any reason. We may also impose restrictions on certain features and services or limit your access to parts or all of the Services without prior notice or liability.

9. User Content.

After you create an account, you will have the ability to upload, post, or otherwise provide certain User Content (as defined below) through the services, including information such as text, photographs, and user videos. By posting User Content to the Service, you grant Side Coach Sports a nonexclusive, royalty-free, fully paid, perpetual, irrevocable, sub-licensable, and transferable (in whole or in part) worldwide license to use, modify, publicly display, reproduce, and distribute such User Content for the purpose of improving the functionality of the Services, operating and providing our Services, developing and improving our products and services, and advertising, marketing, and promoting our Services. However, you may request that we discontinue any further public use of your User Content in accordance with Section 11 below. You agree that this license includes the right for us to make your User Content available to other users of the Service, subject to these Terms and the Side Coach Sports Privacy Policy.

If such content is attached to your user profile on the Services, the license includes the right to reproduce your profile, and any name, image, or likeness contained in such profile. However, if you are a student-athlete subject to a certain state’s name, image, and likeness laws, and/or the rules and regulations of the National Collegiate Athletic Association (NCAA) or any other amateur athletics association governing body, we will not knowingly use your User Content in a manner that would violate, or cause you to violate, such rules and regulations.

You agree to comply with all applicable local, state, national, and foreign laws, treaties, and regulations, as well as all applicable athletic association or organization rules or regulations, in connection with your use of the Services. We are not responsible for any information you submit via the Services, and you are solely responsible for any User Content you provide.

10. User Content Guidelines and Standards

When creating your account on Side Coach Sports, you are responsible for any content you post, upload, and link. The User Content Guidelines and Content Standards below outline the conduct expected while using Side Coach Sports. These guidelines and terms have been put in place to ensure all users have a positive and productive experience on the platform. We have provided specific instructions on the types of content that are allowed on Side Coach Sports, and we reserve the right to determine what content violates our guidelines. Failure to comply with these guidelines and terms may result in the loss of access to Side Coach Sports.

• Be Professional: Ensure that any content you post is relevant and on-topic. Sharing your expertise and skill sets will help generate interest in your content and services.

• Be Authentic: Use your own identity on Side Coach Sports, provide accurate information about yourself, and only share information that can be verified.

• Do not create, share, or upload the following types of User Content (as defined below): o User Content that includes videos and/or audio content of or from any person under the age of 18 or the age of majority in that person’s home jurisdiction; o User Content that violates any applicable federal, state, intercollegiate athletics governing body, or educational institution’s name, image, and likeness laws, regulations, bylaws, policies, or guidelines o User Content that includes advertisements and promotions for events, products, or services; o Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable; o User Content that demeans, defames, or promotes discrimination or violence to others based on their race, color, ethnicity, national origin, religion, sexual orientation, gender identity, disability, veteran status, immigration status, socio-economic status, or age; o User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; o User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party; o User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; o User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission; o User Content that impersonates or misrepresents your affiliation with any person or entity; o Viruses, corrupted data or other harmful, disruptive or destructive files or content; or o User Content that, in the sole judgment of Side Coach Sports, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose Side Coach Sports or its users to any harm or liability of any type.

If you violate our Content Standards, we may remove your User Content and/or Account. We reserve the right to remove offending content, ban or restrict a user from the App, and, if necessary, notify the proper authorities and/or law enforcement. These policies apply to all Users. If your Account is terminated for violating our Terms of Service or these Content Standards, you may not use Side Coach Sports again. We will disable Accounts found using infringing content as further described below.

11. Termination of Usage

You have the option to cancel your account at any time by going to your account settings or by emailing us at help@sidecoachsports.com

We reserve the right to suspend or cancel your account without notice if you violate this Agreement or for any reason at all. If your account is canceled, we may remove your account information and settings from our servers without any liability or notice to you. Once your account information and settings are removed, you will lose access to all your content, and you will not be able to recover this data.

If your account is terminated, your license to use our Services will also terminate. However, all provisions of these Terms that by their nature should survive termination will still be in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated will still be in effect. However, you can instruct Side Coach Sports to discontinue, on a going-forward basis, its public use of your User Content by providing us with written notice as outlined in Section 27. We may retain User Content in our backups, archives, and disaster recovery systems until such User Content is deleted in the ordinary course of business.

12. Third-Party Content

Our Services may provide links to third-party websites or content, as well as other third-party content, including promotional offers, advertisements, and social "widgets" (collectively referred to as "Third-Party Content"). Side Coach Sports does not own, control, or endorse any Third-Party Content and makes no representation or warranties regarding the Third-Party Content, including its accuracy or completeness. You acknowledge and agree that Side Coach Sports is not responsible or liable in any way for any Third-Party Content and is not obliged to update or review any Third-Party Content. Your access to and use of Third-Party Content is at your own risk. The inclusion of Third-Party Content on our Services does not imply any affiliation, endorsement, or adoption by Side Coach Sports of any information contained therein. Furthermore, any business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content are solely between you and such third party. Any terms, conditions, warranties or representations associated with such dealings or promotional offers are also solely between you and such third party. Side Coach Sports is not responsible or liable for any loss or damage incurred as a result of any such dealings or promotions or as a result of the presence of such Third-Party Content on our Services. When you navigate away from our Services, you should understand that Side Coach Sports' terms and policies no longer apply, and the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate from our Services. By agreeing to this document, you consent to receive promotional messages sent through an autodialer. However, this agreement is not a condition of any purchase. Message and data rates may apply.

13. Communication Preferences

By creating an account with Side Coach Sports, you agree to receive electronic communications from us, which may include notices about your account (such as payment authorizations, password changes, and other transactional information) and promotional materials (such as newsletters, special offers, surveys, and other news we believe may interest you). These communications may be sent to you via email or posted on our website. You understand and acknowledge that receiving these electronic communications is part of your relationship with us.

You agree that any electronic notices, agreements, disclosures, or other communications that we send to you meet any legal requirements that such communications be in writing. You should maintain copies of any electronic communications from us by printing or saving a copy.

If you no longer wish to receive promotional emails from us, you may opt out at any time by following the unsubscribe instructions provided in those emails.

14. Side Coach Sports Intellectual Property and User Content.

Intellectual Property

Via the Services, Side Coach Sports may provide access to a range of materials, which may consist of, but not be limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, and other content, including trademarks and works that are subject to copyright (referred to collectively as "Content").

Our content

Throughout the Services, Side Coach Sports may provide access to various types of content, such as videos, images, graphics, audio clips, text, software, and other materials (collectively referred to as "Content"). This Content, along with any associated trademarks and copyrightable works, is protected by various intellectual property laws, including copyrights, trademarks, and service marks. As a user of our Services, you agree to respect any legal notices, information, and restrictions contained in the Content, and you must not modify, translate, or create derivative works based on it.

Our Content is the property of Side Coach Sports and is protected by various intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Services and our Content solely for legally permitted activities related to our Services, as outlined in these Terms. This license does not include the right to sell or resell our Services or the Service Materials, collect and use any service listings, pictures, or descriptions, publicly display or distribute any of the Service Materials, or use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes.

Your use of our Services and the Service Materials must be in accordance with these Terms. Any unauthorized use of the Services or Service Materials, beyond the scope of the license granted above, may result in the automatic termination of the license and may also violate applicable laws, including copyright and trademark laws, and other relevant communication regulations and statutes.

Please note that our Services and Service Materials may include software components that are subject to separate license terms, which will govern such software components.

User Content

If the document mentions "Side Coach Sports," replace it with "Side Coach Sports." Also, replace "Delaware" with "Texas." Users of our services have the option to contribute, create, share, or distribute content, such as text, images, videos, or other information, through our services ("User Content"). By choosing to share your User Content with others via our services or third-party platforms, you understand that others can view it, and you are solely responsible for it.

We, along with our affiliates and third-party partners, may request feedback ("Feedback") on your experience with our services. We will own any reviews, comments, suggestions, or other Feedback posted on our services, social media pages, blogs, message boards, or micro-communities. This includes all rights to the Feedback, regardless of the medium or format, and we may use it for any purpose, including advertising and promoting Side Coach Sports, without any obligation to compensate you or any other person providing Feedback. By submitting Feedback, you waive any moral rights associated with it. You agree that your Feedback will not contain any confidential or proprietary information or ideas.

If you post any User Content or Feedback on our services or social media pages, you agree that it will not infringe on any third-party copyright or proprietary rights unless you have permission from the rightful owner or are legally entitled to post it and grant us all the license rights outlined herein. You are responsible for any material you submit, and you, not Side Coach Sports, are responsible for its legality, reliability, appropriateness, originality, and copyright. We reserve the right to refuse, delete, edit, modify, excerpt, or translate any User Content for the purpose of providing services to you. Please note that we are not a data repository for your information or documentation, and you are responsible for maintaining your personal records.

Enforcement; Validation of Content

As Side Coach Sports and our affiliates, we retain the right to examine any User Content and, if you violate any provision of these Terms or cause any liability for us or others, we may take appropriate action at our discretion. This may involve removing your User Content, terminating your Account as per this Agreement, or reporting you to law enforcement authorities.

15. Copyright and Trademark Notices.

Copyright Policy

Side Coach Sports adheres to the Digital Millennium Copyright Act (DMCA). If we receive a proper notice that Content infringes on someone's copyright, we will remove the infringing materials in accordance with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by email at help@sidecoachsports or by mail to the address in the Contact section. Please only send notices or inquiries related to alleged copyright infringement or other intellectual property claims to our Copyright Agent.

Your notification must include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, information to enable us to contact you, a description of the copyrighted work that you claim has been infringed, a description of where the infringing material is located on the Services, your address, telephone number, and email address, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid. According to the Copyright Act, anyone who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

We have a policy of terminating User accounts that are repeat infringers of others' intellectual property rights in appropriate circumstances. We may also terminate User accounts based on a single infringement.

Counter-Notice

If you believe that your Content has been removed (or access has been disabled) in error, and that the material in your Content is not infringing, or that you have the necessary authorization to use the material, you can send a written counter-notice to the Copyright Agent. The counter-notice must include: (1) Your physical or electronic signature; (2) Identification of the removed Content and where it was located before it was removed or disabled; (3) A statement that you believe the removal or disabling of the Content was a mistake or a misidentification; and (4) Your name, address, phone number, email address, a statement consenting to the jurisdiction of the federal court in Miami-Dade County, Florida, and a statement accepting service of process from the person who provided notification of the alleged infringement.

If we receive a valid counter-notice, we may send a copy to the original complaining party, who then has 10 business days to either replace the removed Content or stop disabling it. If the copyright owner does not file a court order seeking to stop the Content provider, member, or user, the removed Content may be replaced or access to it may be restored in 10 to 14 business days or more, at our discretion.

16. Indemnification.

You agree to defend, indemnify and hold harmless the Side Coach Sports Parties, including its independent contractors, service providers, and consultants, as well as their respective officers, directors, employees, and agents, from and against any and all claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to (a) your use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property or privacy rights); (e) your behavior in connection with our Services; (f) your eligibility under the rules and regulations of the NCAA or any other association, organization, or authority that governs your eligibility as an intercollegiate student-athlete.

17. Warranty and Disclaimer.

THE SERVICES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, SIDE COACH SPORTS, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. SIDE COACH SPORTS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIDE COACH SPORTS ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT SIDE COACH SPORTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TRUTHFULNESS, ACCURACY, TIMELINESS, OR COMPLETION OF THE CONTENT OR FAILURE BY THE SERVICES.

SIDE COACH SPORTS RECOMMENDS THAT YOU CONSULT A PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM, COACHING, OR SKILL INSTRUCTION. SIDE COACH SPORTS IS NOT A LICENSED MEDICAL CARE PROVIDER. YOU SHOULD UNDERSTAND THAT PARTICIPATING IN ANY EXERCISE PROGRAM, COACHING, OR SKILL INSTRUCTION CAN RESULT IN PHYSICAL INJURY, AND YOU AGREE TO DO SO AT YOUR OWN RISK. THE FINDINGS AND OPINIONS OF USERS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF SIDE COACH SPORTS.

18. Limitation of Liability.

To the fullest extent allowed by law, you hereby release Side Coach Sports, together with its managers, employees, contractors, agents, and representatives, from any liability associated with your use of the Services. If you are a resident of Texas, you hereby waive Texas Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

You acknowledge that you are responsible for any actions you take while using the Services. You acknowledge that your use of the Services and any subsequent actions arising from your use of the Services are taken solely at your own risk.

Except as otherwise specifically provided, in no event shall Side Coach Sports, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00) or the amount paid, if any, by you, to access or use our Services. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. In these jurisdictions, Side Coach Sports' liability will be limited to the greatest extent permitted by law.

19. Assumption or Risk.

You acknowledge that all risks associated with using the Services, including risks that may arise from interactions with other users, are your sole responsibility. You agree to take all necessary precautions when engaging with other users. In doing so, you assume full responsibility for any consequences that may result from such interactions.

20. Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution

For any issue or disagreement that you may have with Side Coach Sports, you acknowledge and agree that you will first give us an opportunity to resolve the problem or dispute. To begin this dispute resolution process, you must send us a written description of the issue or disagreement within thirty (30) days of the event that gave rise to it by emailing help@sidecoachsports.com. You agree to negotiate with us in good faith for at least sixty (60) days after we receive your written description of the issue or disagreement.

Binding Arbitration

If the parties are unable to resolve a dispute within 30 days of initiating informal dispute resolution under the Initial Dispute Resolution provision, either party may start binding arbitration as the sole means to settle claims. This applies to all claims related to these Terms, including their formation, performance, and breach, as well as the parties' relationship and your use of the Service. The American Arbitration Association will administer the arbitration in accordance with its Commercial Arbitration Rules and supplementary procedures for consumer-related disputes. The arbitrator will have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, and may award any relief available in a court. The parties understand that this mandatory provision replaces the right to sue in court and have a jury trial. They also understand that the costs of arbitration may exceed the costs of litigation and that discovery rights may be more limited in arbitration than in court.

Location

The arbitration will take place in Waco, Texas.

Class Action Waiver

The parties also agree that any arbitration shall be conducted solely in their individual capacities and not as part of a class or representative action. They expressly waive their right to file or participate in a class action or seek relief on a class basis. Both you and Side Coach Sports agree that any claims against each other shall be brought only in your or its individual capacity, and not as a plaintiff or member of a class or representative proceeding.

If a court or arbitrator determines that the class action waiver outlined in this paragraph is unenforceable for any reason or that arbitration can proceed on a class basis, the above arbitration provision will be considered null and void in its entirety. As a result, the parties will be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt-Out

You have the option to decline and not be held to the arbitration and class action waiver provisions stated above by informing us in writing of your decision to opt-out at help@sidecoachsports.edu You must send the notice within 30 days of initially using the Service; otherwise, you will be obligated to arbitrate disputes in accordance with those paragraphs. If you choose to opt-out of these arbitration provisions, we will also not be held to them.

Changes to this Section

We will give you 30 days' notice of any modifications to this section, which will take effect on the 30th day and apply only to claims that arise after that date. The relationship between you and Side Coach Sports, as well as these Terms, will be governed by the laws of the State of Texas without considering any conflict of law provisions.

21. Assignment; No-Third Party Beneficiaries.

The Terms are meant for your personal use and cannot be transferred, assigned, or sublicensed by you without our prior written approval. Any such unauthorized assignment will be considered void. Side Coach Sports may transfer, assign, or delegate its rights and responsibilities under these Terms without seeking your consent. You acknowledge and agree that, except as expressly stated in these Terms, no third party shall have any rights or benefits under these Terms.

22. Notice Policy and Your Consent.

Under these Terms, you are entering into an agreement with Side Coach Sports, a Texas corporation. All notices should be addressed to Side Coach Sports at the address provided in the Contact section below.

You acknowledge and agree that we may give you notice by posting a general notice on the Services, by sending an email to the email address associated with your account, or by sending written communication via first class mail or pre-paid post to the address on your account. Such notice will be considered given 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, which will be considered received by us, at any time by sending a first class mail or pre-paid post to the address provided in the Contact section or to another address we may notify you of in the future, in accordance with this provision.

23. Name, Image, and Likeness Laws and Regulations

We are not affiliated with or sponsored by the NCAA or any other governing body of amateur athletics. Side Coach Sports makes no representation that using our Services is allowed under any state name, image, and likeness laws, rules and regulations of any amateur athletics governing body, or any guidelines or policies of any postsecondary educational institutions ("NIL Regulations"). If you are subject to any NIL Regulations, you represent and warrant that you have conducted your own research regarding any applicable NIL Regulations and have confirmed that your use of our Services does not and will not affect your eligibility as a student-athlete with respect to any association, educational institution, and/or other applicable organization. Additionally, if you are an international student-athlete, it is recommended that you consult with an immigration attorney or your educational institution before using our Services.

You are responsible for your own actions in connection with your use of the Services, and you are responsible for knowing and following any NIL Regulations. We are not responsible if you do not comply with these Terms or NIL Regulations. If your use of the Services could violate NIL Regulations, we may take reasonable measures in response, including but not limited to terminating your access to and use of the Services and/or reporting such behavior to the NCAA or other appropriate authorities or entities.

24. Governing Law.

These Terms (and any additional rules, policies, or guidelines incorporated by reference) shall be interpreted and enforced in accordance with the laws of the State of Florida and the United States, without applying any principles of conflicts of law, and without the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

You acknowledge that Side Coach Sports and its Services are considered passive and do not create personal jurisdiction over Side Coach Sports, its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders in any jurisdiction other than the State of Florida. You agree that any legal action arising out of or related to these Terms, or your use or non-use of the Services, shall be brought solely in the state or federal courts located in Miami-Dade County, Florida. By using the Services, you consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You also waive any right you may have to trial by jury in any dispute, action, or proceeding.

25. Integration and Severability.

Whenever this document mentions "Side Coach Sports Sports," replace it with "Side Coach Sports." Also, if it refers to "Delaware," replace it with "Texas." These Terms, along with any other referenced materials, represent the complete agreement between you and us concerning the Services. They supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral, written, or electronic, between you and us regarding the Services, and they will govern our future relationship. If a court in any final and unappealable proceeding declares any provision of these Terms or its application to any person or circumstance invalid, illegal, or unenforceable, the remaining provisions of these Terms will not be affected and will remain valid, legal, and enforceable to the fullest extent permitted by law.

26. SMS Communication Terms and Conditions

This SMS Communication Terms and Conditions agreement pertains to the sending of SMS (Short Message Service) messages to our users and customers. By using our services and opting to receive SMS messages, you agree to the following terms and conditions in accordance with Application-to-Person (A2P) regulations:

1. Express Consent for SMS Communication: By engaging with our services and opting to receive SMS messages, you expressly grant us permission to send you SMS communications. These messages may include, but are not limited to, transaction notifications, service updates, account-related information, and promotional offers.

2. Message Frequency: The frequency of SMS messages you receive may vary depending on the nature of the communication. While we strive to keep SMS communication concise and relevant, you may receive messages periodically to ensure the effective delivery of service-related information.

3. Opt-Out Option: We respect your right to manage your SMS communication preferences. You have the option to opt out of non-essential SMS communications. You can do this by following the instructions provided within the SMS message or by contacting our customer support.

4. Compliance with A2P Regulations: Our SMS communications are in compliance with A2P regulations and guidelines. We use SMS as a means of providing you with important transaction-related information and service updates. Your consent for receiving SMS messages aligns with these regulations.

5. Data Privacy and Security: We are committed to safeguarding your privacy and data security. We will not use your contact information for purposes other than SMS communications as outlined in this agreement.

6. Charges and Costs: Standard message and data rates from your mobile service provider may apply for receiving SMS messages. You are responsible for any charges incurred for receiving SMS communications.

7. Updating Contact Information: To ensure the accuracy and effectiveness of our SMS communications, it is your responsibility to maintain up-to-date contact information in your account settings. Outdated or inaccurate contact details may result in the non-delivery of important SMS communications.

8. Changes to SMS Communication Policy: We reserve the right to modify our SMS communication policy. Any changes will be communicated through SMS messages or through other preferred communication channels.

By using our services and consenting to receive SMS messages, you acknowledge and accept the terms and conditions outlined in this agreement. These terms are designed to provide clarity and transparency regarding SMS communication and to ensure compliance with A2P regulations. Your trust in our services is highly valued, and we are committed to delivering important information to you through SMS in a manner that respects your preferences and regulatory requirements.

27. No Waiver.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

28. Contact.

If you have any questions regarding these Terms, please contact us by email at sidecoachsports@gmail.com or via mail at the following address:

Side Coach Sports, LLC

2400 Corporation PKWY 11110

Woodway, TX 76712

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.