OffScript Mobile App Terms of Service

1. Overview

These Terms of Service (“Terms”) are between you and OffScript, LLC (“OffScript,” “we,” ”our,” or “us”). The Terms govern your access to and use of OffScript’s mobile application (the “App”), including any goods and services offered on or through it.

The App allows you to communicate with sports stars called “Athletes.” By using the App, you agree to be bound by these Terms. OffScript may terminate your ability to use the App without notice if you do not comply with the Terms. If you do not agree to these Terms, you must not access or use the App. Different terms apply to App users who qualify as Athletes.

You must be at least 18 years old to use the App.

OffScript reserves the right to make changes to the App and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the App following the posting of the revised Terms means that you accept and agree to the changes.

All Information that OffScript collects on this App is subject to our Privacy Policy available in the App here. The Privacy Policy explains what we mean by “Information.” By using the App, you consent to all actions we take regarding your Information in compliance with the Privacy Policy. The Privacy Policy is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Policy.

All App Content (as defined below) is current as of the date it is posted on the App to the best of OffScript’s knowledge.

2. Intellectual Property

The App and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“App Content”) are the property of OffScript or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The OffScript name and related logos are trademarks and service marks (“Marks”) of OffScript. Marks may not be used without advance written permission of OffScript, including in connection with any product or service that is not provided by OffScript, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents OffScript. Other products or company names mentioned on the App may be trademarks or service marks of their respective owners.

If you believe that any content on the App violates your intellectual property rights, please notify OffScript as described in Section 21.

3. Limited License And Prohibited Uses

OffScript grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the App Content and to engage in transactions and permitted communications on the App. You may not download, print, copy, distribute, or otherwise use App Content for commercial purposes, including publication, sale, or personal gain. The only exception is that you can share Athletes responses you receive publicly, which limited license OffScript may revoke at any time, for any reason.

You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the App Content.

You may use the App only for lawful purposes and in accordance with these Terms. You agree that you will not:

Use the App in any way that violates any applicable law or regulation.
Use the App for advertising, solicitations, or buying or selling goods, unless those features are specifically activated by Offscript for you.
Use the App for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate OffScript, an OffScript employee, another User of the service (“User”), an Athlete, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by OffScript, may harm OffScript or Users of the App or expose them to liability.
Use the App in any manner that could disable, overburden, damage, or impair the App, or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.
Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any device, software, or routine that interferes with the proper working of the App.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.
Make a purchase or attempt to make a purchase using any robot, spider, or other automatic device, software, process, or application.
Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the App.
Send communications to other Users that violate the provisions of these Terms.

4. Account Registration

To access portions of the App, you will be asked to provide registration details or other Information. All Information you provide must be complete, current, and accurate. All Information you provide to register with the App, complete a transaction through the App, or otherwise is governed by our Privacy Policy, and you consent to all actions OffScript takes with respect to your Information consistent with our Privacy Policy. Each User may have only one account.

Your username may be displayed to other Users at times when you use the App. Choose a username that is appropriate and non-offensive. You may use a nickname or your real name as your username.

You agree to provide true, accurate, and current information about yourself. You agree not to create an App account using a false identity or by providing false information, including on behalf of another person.

5. Communications

You are exclusively responsible for conforming your communications with other Users to the requirements of these Terms and any other policies or guidance the App contains. Your communications are not private and may be shared with other Users. Do not send private information to other Users through the App.

You must treat other Users with respect and communicate in a civil manner, and you must comply with the Content standards in Section 8. You may not contact other Users off the App platform or encourage them to contact you off the App.

6. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your User name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify OffScript immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. OffScript reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in OffScript’s opinion, you have violated any provision of these Terms.

7. User Contribution

The App allows Users to post, submit, upload, publish, display, or transmit to other Users or other persons (“post”) content and messages (“User Contribution(s)”) on or through the App. All User Contributions must comply with these Terms and the content standards set out below.

Any User Contribution you post to the App or make available on the App is non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual and non-exclusive right to use, reproduce, display, distribute, create derivative works of and otherwise disclose to third parties any such material for the purpose of providing the App to you and other Users and for any other purpose. Except as otherwise provided in these Terms, you retain all right, title, and interest, including all related intellectual property rights, in and to the User Contribution you post on or through the App.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You, not Offscript, are exclusively responsible for any User Contributions you submit, including their legality, reliability, accuracy, appropriateness, and compliance with these Terms.

We are not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other User of the App.

8. Content Standards

These content standards apply to all User Contributions. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate any laws, the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by OffScript or any other person or entity than you, if this is not the case.

OffScript is not obligated to monitor User Contributions but may do so for purposes of evaluating compliance with these Terms and related purposes. If you have concerns about a User Contribution, follow the steps outlined in Section 21 to contact OffScript.
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OffScript may remove any User Contributions from the App at any time, for any reason, without prior notice.

9. Third Party Content

This App includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of OffScript. OffScript is not responsible for the content or accuracy of any materials provided by any third parties.

10. Links to Other Websites or Apps

OffScript may provide links to external websites or apps for the convenience of App Users. The inclusion of an external link on this App does not constitute or imply support or endorsement of any kind. OffScript does not control those websites or apps, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party apps linked from this App, you do so entirely at your own risk and subject to the terms of service and the privacy policy for such websites or apps.

11. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE APP, INCLUDING CONDUCTING TRANSACTIONS RELATED TO IT AND COMMUNICATING WITH OTHER USERS, IS AT YOUR SOLE RISK. THIS APP AND PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS-IS” BASIS.

OFFSCRIPT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS APP OR ANY OTHER APP TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, OFFSCRIPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12. Limitation of Liability

OFFSCRIPT, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS APP, ANY APP FOR WHICH IT PROVIDES LINKS, ANY COMMUNICATIONS USING THE APP, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE APP, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE APP. OFFSCRIPT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE APP IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. OFFSCRIPT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF COMMUNICATIONS, INCLUDING ANY PERSONAL INFORMATION BELONGING TO A USER, OR A THIRD PARTY.

OFFSCRIPT’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, PRODUCTS, SERVICES, OR APP CONTENT, WILL NOT EXCEED $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless OffScript, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App Content, services, and products other than as expressly authorized in these Terms.

14. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to OffScript for which monetary damages would not be an adequate remedy and OffScript shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

16. Waiver and Severability

No waiver by OffScript of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of OffScript 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 held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Entire Agreement

The Terms, our Privacy Policy, and any OffScript polices and requirements on the App constitute the sole and entire agreement between you and OffScript with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

18. Term and Termination

These Terms will remain in full force and effect while you use the App and until terminated by OffScript. After termination, the provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 5-21, and the Privacy Policy.

You agree that OffScript, in its sole discretion, may suspend or terminate your access to the App (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

19. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of California will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in San Francisco, California. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one User cannot be arbitrated or litigated jointly or consolidated with those of any other User.

20. Notice Regarding Apple

By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

These Terms are between OffScript and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the usage rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the App or the content on it and has no obligation to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
OffScript expressly authorizes use of the App by multiple Users through the Family Sharing or any similar functionality provided by Apple.

21. Communications and Contact Information

OffScript may contact you regarding these Terms or the Privacy Policy using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from OffScript, you can click on the “unsubscribe link” provided in such communications or contact us at contact@offscript.app.

For all other feedback, comments, requests for technical support, and other communications relating to the App, these Terms, and the Privacy Notice, please contact us at contact@offscript.app or by mail at:

OffScript, LLC
1714 Homes Ave
Ashland, Oregon 97520

Effective Date: December 7, 2022