By using the information, tools, software, features, and functionality, including content, updates and new releases located on www.rapidrosters.com (together the "Service"), you agree to be bound by this Agreement, whether you are a visirot to out wevsite or you are a "User." The term "you" or "User" both refer Users. The term "we" or "us" refers to AKW Ventures, LLC, and its affiliates, parents, and licensors. You msut read this Agreement, you are affirming that you are of legal afe and are otherwise competent to enter a contractual relationship with use.
For information about how we protect your personal information and data, please read our Privacy and Security Policy, which is incorporated into this Agreement. The policy may be updated from time to time at our sole discretion. Any changes are effective upon posting to the site. Anonymous, aggregate information or other available data that is collected through use of the Service, may be used by us or our third-party vendors to conduct certain analytical research, performance tracking, and benchmarking. We or our vendors may use summary or aggregate results relating to metrics composed of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will NOT be shared with or sold to third parties.
3. Description of the Service
The Service provides tools that facilitate finding and reviewing players, schedules and records for selective sports. In addition, the Service may also present information relating to other services we offer or third-party products or services (“Special Offers”). The Service is provided for entertainment purposes only. Links and promotion of third-party services or products, which may appear from time to time, may be paid advertisements. AKW Ventures, LLC does not warrant or guarantee the services or products offered by third-parties on our site or through the Service. The Service offered for entertainment purposes only. By using the Service, you agree that we are not liable for any direct, consequential, incidental, indirect or punative damages arising out of your access to, or use of, the Service.
4. Mobile Device
Use of the Service may be available through a compatible mobile device and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
We may from time to time provide automatic alerts and voluntary Service-related alerts. We may have "automatic" alerts related to activity that cannot be disabled. We may also have "voluntary" alerts that can be toggled on/off. These could be Service related, User engagement/behavior related, or product related; for example, new feature announcements.
6. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other login information, materials, and other content to through the Service, you are licensing that content to us solely for the purpose of providing the Service. Except as otherwise stated in this Agreement, we may use and store the content, but only to provide the Service to you. By submitting this content, you represent that you are entitled to do so.
7. Communication with the Service of AKW Ventures, LLC
AKW Ventures, LLC welcomes your feedback and suggestions about how to improve our Service, products, and this Site. Ideas, suggestions, and inventions are often considered by the person submitting them to be of a proprietary nature and to have value. It is only prudent, therefore, in fairness to both the person submitting an idea, suggestion, or invention, and AKW Ventures, LLC, that they reach a prior understanding in respect to the basis on which AKW Ventures, LLC will receive and give consideration to the idea, suggestion, or invention. As such, unless you have contacted AKW Ventures, LLC in advance to memorialize the confidentiality of disclosures or submissions of ideas, suggestions, or inventions from you, AKW Ventures, LLC. will accept the submission on a NONCONFIDENTIAL BASIS. Accordingly, unless you have entered into a specific written understanding with AKW Ventures, LLC regarding your submission, AKW Ventures, LLC recommends that your content not contain any third party proprietary or confidential information. Further, unless otherwise agreed in a writing between AKW Ventures, LLC and you, AKW Ventures, LLC is free to use for any purpose whatsoever and shall own any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site, including, but not limited to, creating and marketing products or services using such information.
8. Social Media Sites
9. No Warranty
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, SOFTWARE, AND ANY THIRD-PARTY SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” AKW VENTURES, LLC., ITS AFFILIATES, ANY THIRD-PARTY VENDOR, AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE, SOFTWARE, OR ANY THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICE, SOFTWARE, OR THIRD-PARTY SERVICES WILL BE AT YOUR SOLE RISK. AKW VENTURES, LLC., ITS AFFILIATES, AND ITS (i) LICENSORS AND (ii) THIRD-PARTY VENDORS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE, SOFTWARE, OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR THIRD-PARTY SERVICES.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
12. Governing Law and FOrum for Disputes
This Agreement and your relationship with us shall be governed by the laws of the State of Texas without regard to its conflict or choice of laws provisions. Any dispute with us or our officers, directors, employees, agents, or affiliates arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over Brazos County, Texas, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement. If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such a decision on our part will not serve as formal waiver of our rights and all rights or remedies will still be available to us. All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.
14. The App
You can download a companion app to the Service from the Apple App Store®, and upon payment of the applicable fee we will provide you for entertainment purposes only some of the following for selective schools.
- Player jersey number and name.
- Quick access to team schedules.
- Syncs with the Service form time to time.
You are responsible for any fee you incur and are charged by a third party (i.e., Apple), which may change from time to time, in connection with your download and use of the App. We have no obligation to refund any payments made to such third party for your use of the App.
If you downloaded the Service or product from the Apple App Store®, the following terms also apply to you:
- Acknowledgement: You acknowledge that this Agreement is between you and us only, and not with Apple, and we, not Apple, are responsible for the Service and the content thereof.
- Scope of License: The license granted to you for the Service is a limited, non-transferable license to use the Service on an Apple product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Apple App Store.
- Maintenance and Support: We and not Apple are solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
- Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- Product Claims: We, not Apple, are responsible for addressing any User or third-party claims relating to the Software or the User’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Info: Direct any questions, complaints, or claims to: AKW vVentures, LLC.
- Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Service.
- Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.