DY Sports

Terms of Use

Last Updated: 11/14/2024

These Terms of Use (the “Terms”) govern your use of products, services, and resources provided by DYSports LLC (“DYSports”, “we”, “our”, and “us”), including our website at https://dysportsllc.com/ and its related subsites (the “Site”); our official accounts on the third-party social media platforms linked in the footer of our Site; our mobile application; the tournaments, sporting programs, sporting events, and other sporting activities that we organize, provide, manage, hold, sponsor, or otherwise administer (collectively, “Sporting Events”); Content (as defined below); the seasonal sporting camps that we may offer from time to time (“Camp Activities”); our online shopfront DYSports Apparel (available at https://dysportsllc.com/dysports-apparel/) (“Shop”); and any updates and changes to the foregoing (collectively, the “Services”).

IMPORTANT DISPUTE RESOLUTION TERMS: THESE TERMS REQUIRE RESOLUTION OF ANY DISPUTE BETWEEN YOU AND DYSPORTS BY BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS AND INCLUDE A CLASS ACTION WAIVER, REQUIRE THAT ANY CLAIMS ARISING HEREUNDER BE BROUGHT WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION, AND DESIGNATE THE STATE AND FEDERAL COURTS IN KING COUNTY AS THE EXCLUSIVE JURISDICTION FOR DISPUTES ARISING HEREUNDER. PLEASE SEE SECTIONS 12 AND 14 BELOW FOR MORE INFORMATION.

Please read these Terms carefully before using our Services. Users can agree to our Terms by accessing or using the Services, or by signing, checking a box, or clicking a button indicating acceptance of the Terms or an order form or agreement which incorporates these Terms or our Privacy Policy by reference. By indicating your acceptance of the Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy, available at [LINK_HERE ], incorporated herein by reference. Note that you must meet the applicable eligibility criteria specified in Section 1 to access and use the Services. If you do not agree to these Terms or our Privacy Policy, then you may not access or use the Services.

  1. To enter into these Terms, and otherwise to use and access the Services, you must comply with the terms and conditions below:
    1. The Site is for users who are 13 years of age or older and reside in the United States, including its territories and possessions. If you are under 13 years of age, you must immediately discontinue use or make no further use of the Site.
    2. If you are entering into these Terms on behalf of a third party other than a child for whom you are the parent or legal guardian (including, without limitation, a sports governing body, league, team, club or similar entity or organization, or an athlete, player, or other participant seeking to participate in any Sporting Event(s))(“Participant(s)”), you represent and warrant that you have all appropriate authorizations and consents to bind such Participant(s) to these Terms.
  2. Changes to the Terms. We reserve the right to change, modify, update, or discontinue the Services (in whole or in part), or to modify these Terms, without notice, and you agree that we will not be liable to you for any such change, modification, or discontinuation. Modifications that we make are effective on the date indicated, or if no date is indicated, then immediately upon posting. Notwithstanding the foregoing, you are responsible for reading these Terms whenever you access the Services. By continuing to use the Services after the Terms have been amended, you agree to abide by such amendments.
  3. Use of the Services.
    1. Participation in Sporting Events/Camp Activities. Your use of, registration for, and participation in, any Sporting Event or Camp Activities may be subject to additional terms as set forth in a registration form, addendum, invoice, and/or other agreement(s) by and between DYSports and you relating to the Services and incorporating these Terms of Use by reference (“Supplemental Terms”). Where you and DYSports have effected such Supplemental Terms, all references to “Terms” in these Terms of Use and the Privacy Policy should be read as referencing these Terms of Use and the Supplemental Terms together. If these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control to the extent of the conflict.
    2. License to the Services. The Services provide you with access to information, reports, data, and other materials (“Content”) owned or controlled by us or our third-party providers. The Content and Services are owned by us, their respective licensors, or other providers of such materials, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to the limitations below, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for educational or informational purposes. We reserve all rights and licenses to the Services not expressly granted to you in these Terms.
    3. Use Restrictions. You are prohibited from: (1) reverse engineering, disassembling, decompiling, decoding, or adapting the Services or Content; (2) compiling, downloading, reproducing, duplicating, or copying, any portion of the Services or Content, or otherwise making the Services or the Content available to third parties without our permission (including by mirroring or framing the Content or Services); (3) interfering with or disrupting the integrity or performance of the Services, such as by uploading harmful code, by using any robot, spider, or other programmatic or similar automatic device to obtain information from the Services, or by violating procedures, policies or regulations of networks connected to the Services; (4) using the Services or Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any third party’s intellectual property or other rights, or that violates any applicable law; or (5) otherwise accessing or using the Services or Content in an unauthorized manner.
    4. Purchases. We make certain products available for purchase through our Shop. Use of our Shop, including any purchases from our Shop, are subject to the terms below:
      1. We reserve the right to reject, cancel, or refuse to fulfill any order you place through the Shop. We may, in our sole discretion, limit or cancel quantities of any products purchased from the Shop in any manner that we determine to be reasonable. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel your purchase from the Shop, we will notify you by contacting the e-mail address, billing address, and/or phone number submitted with your order. You agree that you are responsible for providing current, complete and accurate purchase and account information for any orders placed with our Shop, and for promptly updating such information as necessary to enable us to fulfill your order.
      2. Products shown in the Shop may have limited quantities and are not subject to return or exchange except as expressly indicated. We use commercially reasonable efforts to ensure that the Shop accurately displays all colors and other visible attributes of products; however, we do not warrant that the traits or overall quality of any products or information purchased or otherwise obtained through the Shop will meet your expectations.
  • We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services. Note that our Shop is hosted and managed by our third-party service provider. As such, your purchase through the Shop may be subject to our third-party service provider’s terms and policies. You are responsible for ensuring that you review and understand such terms and policies before you make any purchases from the Shop.
  1. We reserve the right, but are not obligated, to limit the sales of our products from the Shop to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Additionally, we reserve the right to discontinue and remove any product from the Shop at any time and for any reason without notice.
  1. Feedback. Any comments, suggestions, or ideas about the Services that you choose to provide (collectively, “Feedback”) will be treated as non-proprietary and non-confidential to you. Notwithstanding the preceding section, you agree that we have the right to use any Feedback that you submit in any manner as we see fit (including for commercial, publicity, trade, promotional, or advertising purposes) and in all media now known or hereafter devised, without notice, restriction, or compensation to you.
  2. Promotional E-mails. To receive our newsletters and other promotional e-mails, you will be required to provide us with your contact information, which may include your full name and e-mail address. You can unsubscribe at any time by using the “unsubscribe” link provided at the bottom of any e-mail, or contacting us directly using the contact information at the bottom of the page. Please note that even if you opt out of receiving our newsletters or promotional e-mails, you may still receive relationship e-mails from us, including responses to e-mails that you send to us, notices of updates or changes to our policies and procedures, or other messages relating to your use of the Services.
  3. Termination. Except as otherwise expressly set forth in a written agreement signed by DYSports and you, we can terminate or suspend your use of or access to the Services at any time and for any reason. Upon termination, all rights, licenses, and authorizations granted to you herein will immediately terminate. We also reserve the right to take steps to ensure the security of the Services as we deem advisable, which includes the right to restrict or suspend your access to the Services at any time and for any reason.
  4. Privacy and Security. By accessing or using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. We use reasonable security measures that are designed to protect user data from loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can guarantee that the Services are free of threats or other vulnerabilities. We will not be liable in any manner in the event of data loss, data corruption, or data destruction. You use the Services and transmit information to us at your own risk.
  5. Representations; Warranties. You represent and warrant that (i) all information that you provide to us or our service providers during the registration process and otherwise in connection with your use of our Services following registration, including all identification, billing and credit card information, is and shall remain accurate throughout the duration of your use of our Services (“User Information”); (ii) you have all rights, permissions, and consents necessary to submit all of your User Information to the Services and to grant us the limited rights to process your User Information as set forth herein; and (iii) your use of the Services complies with these Terms, any Supplemental Terms, and with all applicable laws, including laws governing third-party proprietary rights.
  6. WE PROVIDE OUR SERVICES, INCLUDING ALL CONTENT, TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DYSPORTS DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES THAT ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WE PROVIDE NO WARRANTIES AND MAKE NO REPRESENTATIONS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE IN A MANNER THAT IS TIMELY, CONTINUOUS, OR WITHOUT INTERRUPTION, BE COMPATIBLE WITH YOUR SYSTEMS OR DEVICES, BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE. ADDITIONALLY, WE DO NOT REPRESENT OR WARRANT THAT ERRORS OR DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED, OR THAT INFORMATION PROVIDED VIA THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE. TO THE EXTENT REQUIRED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE IN NO EVENT WILL WE BE LIABLE TO YOU FOR THE ACTIONS OF ANY THIRD PARTIES WITH REGARD TO THE SERVICES THAT WE PROVIDE.
  7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DYSPORTS OR OUR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS ( “DYSPORTS PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES. THE DYSPORTS PARTIES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE LESSER OF $100.00 OR THE AMOUNT YOU HAVE PAID US IN THE PRECEDING 12 MONTHS. You acknowledge that this limitation of liability is an essential term between you and us with respect to our provision of the Services to you, and we would be unable to provide the Services to you without this limitation.
  8. You agree to indemnify, hold harmless and, at our option, defend the DYSports Parties from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, in connection with or arising out of: (i) your violation of these Terms, (ii) your use of any Services, (iii) any User Information created or otherwise provided by you, or (iv) your violation of any law or the rights of any third party. We reserve the right to assume the defense and control of any matter subject to your indemnification, and you may not settle any matter subject to indemnification without our written consent. These obligations will survive any termination of these Terms.
  9. DISPUTE RESOLUTION.
    1. YOU AND DYSPORTS BOTH AGREE TO RESOLVE DISPUTES RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS (EACH, A “CLAIM”) IN BINDING ARBITRATION INSTEAD OF COURT. YOU AND DYSPORTS EACH AGREE THAT BY ENTERING INTO THESE TERMS, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER IN A COURT OR IN ARBITRATION. FURTHER, YOU AND DYSPORTS EACH AGREE THAT ANY CLAIM OR CAUSE OF ACTION YOU HAVE UNDER THESE TERMS OR YOUR USE OF THE SERVICES (A) MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, AND (B) MUST BE BROUGHT  IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    2. The arbitration will be conducted under the American Arbitration Association (“AAA”). If you are a consumer, the Consumer Arbitration Rules will apply. If you are a business, the Commercial Arbitration Rules will apply. The AAA Consumer Arbitration Rules and Commercial Arbitration Rules are available at www.adr.org/Rules or by calling 1-800-778-7879. The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you are a consumer, then unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference), in Seattle, WA, USA, or at some other location that DYSports and you both agree to.
    3. To begin an arbitration proceeding against DYSports, you can send a letter requesting arbitration and describing your Claim by email to the address specified below. If we request arbitration against you we will give you notice at the email address or street address you provided. If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision by e-mail using the e-mail specified below. You must opt out within 30 days of the date you first agree to these Terms or any updated Terms.
  10. Notices. Any notices or other communications provided by DYSports under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is confirmed as received by DYSports. If you have any questions about these Terms or the Services, please contact DYSports using the information below:

DYSports LLC

7732 32nd Ave NW

Seattle, WA, 98117-4648

jverduin@dysportsllc.com         

  1. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full effect. These Terms and any action related thereto will be governed by the laws of the State of Washington, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes between you and DYSports will be the state and federal courts located in King County, and you and DYSports each waive any objection to jurisdiction and venue in such courts. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive. These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Services, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, in relation to the subject hereof. You may not assign or transfer these Terms, by operation of law or otherwise, without DYSports’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DYSports may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.