Terms of Use

WEBSITE GENERAL TERMS OF USE AGREEMENT

Last Edited: June 25, 2025

1.     Introduction.

Welcome to Blue Star Operations Services, LLC and our affiliated businesses (“Site,” or “it”), a Web-based software toolset operated by Blue Star Operations Services, LLC (“Provider”, “we”, “our”, “us”). This page explains the terms by which you may use the Site’s online and/or mobile services, website, software and/or any other content provided on or in connection with the service (collectively the “Service” or “Services”).

By accessing or using the Service, you signify that you have read, understood, and agreed to be bound by this Terms of Use Agreement (“Agreement”), and to the collection and use of your information as set forth in the Site’s Privacy Policy , each of which shall be considered part of this Agreement, whether or not you are a registered user of the Service. The Site may modify these terms and will provide notice of such changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

The Site may acquire, merge, or create a parent or subsidiary company in the future (“New Site Entity”) before this Agreement is updated. If that occurs, you hereby agree that any New Site Entity is also covered by the terms and conditions set forth in this Agreement.

We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. DO NOT ACCESS AND/OR USE THIS SITE IF YOU DO NOT FULLY ACCEPT THESE TERMS.

2.     Use of the Service.

2A. Eligibility.

This is a contract between you and the Site. You must read and agree to these terms before using any of the Site Services. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with the Site, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 years of age is governed by the Site’s Children’s Privacy Policy (Users Under 13). The Service is not available to any Users previously removed from the Service by the Site.


Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use only and as permitted by the features of the Site Service. The Site reserves all rights not expressly granted herein in the Services and the Site Content (as defined below). The Site may terminate this license at any time for any reason or for no reason.

The Site may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by the Site in its sole discretion. The Site reserves the right to determine the form and means of providing notifications to its’ Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide the Site. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When Provider changes the Agreement in a material manner, we will provide you with reasonable notice and update the ‘last modified’ date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

2B. User Accounts.

Where applicable, Your Site account and/or profile (collectively, “Account”) gives you access to the Services and functionality that the Site may establish and maintain from time to time and in the Site’s sole discretion. The Site may maintain different types of accounts for different types of Users.


If you are a coach or employee of a university or other institution, you agree that you will only open a Site Account on behalf of such university, institution, company, organization, or other entity, and (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. In the event the coach or employee with the foregoing authorization leaves the institution that (s)he created such account for, it shall be the institution’s responsibility to transfer control of such account to another coach or employee and the institution will have thirty (30) days to complete such transfer, including transfer of control of any data or User Content (as defined below) that has previously been created or uploaded by such User.


You may never use another User’s Account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. The Site encourages you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify the Site immediately of any breach of security or unauthorized use of your Account. The Site will not be liable for any losses caused by any unauthorized use of your Account.


You may control your User Account and how you interact within the Services by changing the settings on your settings page. By providing the Site your email address, you consent to the Site using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt-out of Service-related emails. The Site may also use your email address to send you other messages, such as special offers. If you do not want to receive such non-Service-related email messages, you may opt out. Opting out may prevent you from receiving email messages regarding special offers.

2C. Service Rules.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that the Site grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at the Site’s sole discretion an unreasonable or disproportionately large load on the Site’s infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures the Site may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

2D. Access to the Services.

In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 10 of this Agreement.

Provider controls and operates the Site from its offices based in the United States and Provider makes no representation that the Site is appropriate or available for use outside of the United States or certain U.S. Territories. If you use the Site from locations outside of the United States, you are doing so on your own initiative and are responsible for compliance with applicable laws and regulations regarding your access and/or use of the Site. The Site may describe products and/or services that are available only in the United States or in certain U.S. Territories. Provider reserves the right to limit the availability of the Site and/or the provision of any Site Content (as defined below), feature, product or service described or made available on the Site to any person, geographic area or jurisdiction at any time and in our sole discretion.

3.     User Terms:  

3A. User Content. Your Content Related Responsibilities.

Some Site Services allow Users to post or provide content such as profile information, videos, images, music, comments, questions, User Data (as defined below) and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content” or “UC”). Provider claims no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. You are solely responsible for your User Content. The Provider has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

By submitting User Content, you represent and warrant that:

  • such UC is your original work and has not been copied from others and that you own or otherwise control all of the rights to the UC; 
  • you believe, in good faith, that the UC is true and accurate;
  • you understand, acknowledge and agree that your UC will be treated by Provider as non-confidential;
  • your UC will not be deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane; 
  • your UC has not been previously published for commercial purposes; 
  • you have permission to use the name or likeness of any person featured in your UC; 
  • your UC does not violate any rights of any other person or company (including, but not limited to, copyrights, trademark rights, rights of privacy and publicity); 
  • the publication of your UC will not infringe on the rights of any other person or company (including, but not limited to, copyrights and trademark rights); 
  • your UC does not and will not violate this Agreement and will not cause injury or harm to any person or company; and
  • you understand, acknowledge and agree that you will not receive any fees or any other consideration for your UC or for the rights you grant herein in relation to your UC.

By submitting User Content, except as otherwise prohibited by law:

  • you grant Provider and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers an exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute and display, through the world in any media, any and all such UC;
  • you grant Provider the right to use your name, alias, persona and likeness in connection with your UC; and
  • you waive, and hereby agree to waive, any moral rights (including attribution and integrity) that you may have in any UC, even if it is altered or changed in a manner that is not agreeable to you.
  • Provider may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Your User Content must conform to the following guidelines:

  • UC must be in a format acceptable to the requirements for submission on the Site.
  • UC must not have been generated by automated or like methods of submission.
  • UC must not contain any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any device or any user’s access and/or use of the Site.
  • UC should limit disclosure of your personally identifiable information and must not contain any other person’s personally identifiable information.
  • UC must not include anything that is unlawful, obscene, offensive, provocative, sexually explicit, pornographic, violent, discriminatory or otherwise objectionable.
  • UC must not promote alcohol, illegal drugs, tobacco or firearms/weapons (or use of any of the foregoing).
  • UC must not be used to engage in, or advocate for, harassment of, personal attacks on, or gossip or similar actions regarding any other person, group of persons or company.
  • UC must not promote any activities that are unlawful or appear to be unsafe or dangerous.
  • UC must not promote use or maintenance of a product in any manner which is contrary to that stipulated or provided by the product’s manufacturers, distributors or suppliers.
  • UC must not defame or misrepresent Provider or its products or services or other persons or companies or their products and/or services.
  • UC should not promote any particular political agenda or message.

Provider reserves the right, but is not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that the Site believes, in its sole discretion, violates any of these provisions, any User Content that the Site believes was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on or through the Site Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.


The Site takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Services, and you agree that the Site is only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Site shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

3B. User Data.

Certain aspects of the Services allow Users to provide the Site with data or access to other data sources (whether online or otherwise) (“User Data”). In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that: (i) you have obtained such User Data lawfully, and such User Data does not and will not violate any applicable laws or a third party’s proprietary or intellectual property rights; (ii) you shall not provide any User Data or content that contains bank account information, credit or debit card information, personal information collected from children under 13 years of age without the parent’s consent, social security numbers, or health or medical information, except in designated areas of the Service which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by the Site without the Site’s explicit consent, and the Site reserves the right to delete or anonymize such data if discovered stored in an unauthorized location within the Service. You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to your User Data that you share with the Site for the provision of Services under this Agreement. The Site may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party. You acknowledge that you provide your personal information at your own risk.

By submitting such User Data, or providing the Site with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for the Site and the Site’s subcontractors and service providers to provide the Services and otherwise use User Data as permitted under this Agreement, including, without limitation, the Site’s consultative services such as the reconciliation of data from multiple sources. You acknowledge and agree that the Site may collect, analyze and use User Data, including data that has been anonymized, aggregated or derived from User Data, as well as data about your access and use of the Services, for the purpose of providing, operating, analyzing, and improving the Services.

3C. User Submissions.

You may choose to, or the Site may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Site under any fiduciary or other obligation, and that the Site is free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Please do not include any ideas that the Site’s Terms of Use will not permit it to accept or consider.

You further acknowledge that, by acceptance of your submission, the Site does not waive any rights to use similar or related ideas previously known to the Site, or developed by its employees, or obtained from sources other than you.

Neither the Provider nor any of its affiliates or employees accept or consider unsolicited ideas for new creative, marketing, promotions, products or technologies through its member sites. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to the Site. This policy is not intended to serve as a barrier to receiving and responding to feedback from valued Provider customers. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Provider or affiliates’ products, strategies or other materials might seem similar to ideas submitted to the Provider.

If, despite our request that you do not send us your ideas, you still submit them, then regardless of what your letter says, you agree that: (i) your submissions and their contents will automatically become the property of the Provider and its affiliates, without any compensation to you; (ii) Provider may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for the Provider and its affiliates to review the submission; and (iv) there is no obligation to keep any submissions confidential.

4.     The Site’s Proprietary Rights.

4A. Site Content.

Except for your User Content and your User Data, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (“Site Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Site and its licensors (including other Users who provide User Content through the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content. Use of Site Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

4B. Site Property.

The Services contain additional data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual progress or achievements within the Services (“Site Property”). You understand and agree that, regardless of terminology used, Site Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at the Site’s sole discretion. Site Property is not redeemable for any sum of money or monetary value from the Site at any time. Where applicable, you acknowledge that you do not own the Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of the Site or on the Site’s servers, including without limitation any data representing or embodying any or all Site Property. You agree that the Site has the absolute right to manage, regulate, control, modify and/or eliminate Site Property as it sees fit in its sole discretion, in any general or specific case, and that the Site will have no liability to you based on its exercise of such right.

All data on the Site’s servers are subject to deletion, alteration, or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Account history and Account content residing on the Site’s servers, may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. The Site does not provide or guarantee, and you expressly disclaim, any value, cash or otherwise, attributed to your user content and user data residing on the Site’s servers.

5.     Contests, Sweepstakes and Promotions

Contests, sweepstakes and other similar promotions that you enter on the Site or in connection with the Site integrated with a third-party website, service, application, platform, and/or content (“Provider Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Provider Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Provider Promotion, please first review the applicable Promotion official rules and/or conditions. If a Provider Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Provider Promotion. Your entry into a Provider Promotion constitutes User Content and is subject to all provisions of this Agreement that govern your submission and our use of your User Content.

6.     Payment Information; Taxes.

Where applicable, all information that you provide in connection with a purchase or transaction or other monetary transaction interaction for any Site Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with a Service at the prices in effect when such charges are incurred. You must provide current, complete and accurate information for your billing account and promptly update all information to keep such information current, and you must promptly notify the Site if your payment method is canceled (e.g., for loss, theft, or expiration) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. You also agree to pay all applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. We may use a payment provider to provide payment services. Third party terms may apply.

7.     No Professional Advice.

If a Service provides professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

8.     Termination.

You may terminate this Agreement at any time by discontinuing all use of the Services, and, where applicable, taking the necessary steps to close your Account. The Site may, without prior notice, take the following steps: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. The Site may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in the Site’s sole determination you violate any provision of this Agreement, or for no reason. You agree that the Site will not be liable to you or any other party for any termination of your access to the services or deletion of your account or your submission materials.

In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the license you have granted to the Site and to third parties to use any User Content and User Data survives termination of this Agreement. Termination of this Agreement for any reason shall not entitle you to a refund under any circumstances. Upon termination of this Agreement for any reason, you shall make no further use of the Services whatsoever.

9.     Privacy.

The Site cares about the privacy of its Users. You understand that by using the Services, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in the Site’s Privacy Policy(ies), available at jonesentities.net/privacypolicy/ and to have your personally identifiable information collected, used, transferred to and processed in the United States.

10.  Third-Party Terms

10A. Third-Party Links

The Services may contain links to third-party materials that are not owned or controlled by the Site. The Site does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement, including the Site’s Privacy Policy(ies), do not apply to your use of such sites. You expressly relieve the Site from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found through the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Site shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10B. Terms Applicable to Devices

If you are accessing and/or using the Site through a Mobile Device, you may be further subject to, and hereby agree to comply with as applicable, the additional terms and conditions of the Mobile Device manufacturer arising from your access and/or use of such Mobile Device.

10C. Service Provider Terms

We may engage other companies to assist us in providing certain services to you (our “Service Providers”). Depending on those services, additional terms and conditions of those Service Providers’ services (“Service Provider Terms”) may apply to your access to and use of the Site or otherwise your access to or use of the Service Providers’ services in connection with your access to and use of the Site, and in such cases, such Service Provider Terms are incorporated herein.

  1. Additional Terms.

These Terms may be supplemented by additional legal notices, rules and/or terms and conditions applicable to other digital services that Provider may provide in its sole discretion, including a mobile app, promotions, contests and sweepstakes (“Additional Terms”), which may be incorporated into these Terms by reference (in which case, these Terms and such incorporated Additional Terms shall collectively constitute these Terms). Your use of any such other services confirms your unconditional acceptance of the applicable Additional Terms and, as the case may be, these Terms. Nothing in such Additional Terms shall nullify, amend or otherwise modify any of the terms in these Terms unless expressly provided in such Additional Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern and apply but only with respect to your use of the services to which the Additional Terms specifically apply.

12.  User Copyrights, Intellectual Property, and Trademarks.

The Site respects the copyright, intellectual property, and trademark rights of others, and takes concerns related to these rights seriously. The Site reserves the right to remove any content from its Services for any reason, including if it infringes the copyright, intellectual property, and trademark rights of any person under the laws of the United States. Under the appropriate circumstances, the Site will, and expressly reserves the right to, disable and/or terminate the Accounts of Users who are repeat copyright or trademark infringers.

12A. Procedure to Submit Copyright & Intellectual Property Infringement Notices.

Pursuant to the Digital Millennium Copyright Act (“DMCA”) found at Title 17, United States Code, § 512(c)(2), if you believe, in good faith, that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please provide the Site’s DMCA Agent with a written communication (with the subject line “DMCA Notice of Infringement”) containing the information set forth below:

  • Identification of the copyrighted work claimed to have been infringed. The Site asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.
  • Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. The Site asks that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work.
  • Your name, address and daytime telephone number, and an e-mail address (if available), so that the Site may contact you if necessary.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
  • A statement acknowledging that the Site may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.
  • An electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.

Claims of copyright infringement that include the above-required information should be submitted via postal mail or e-mail to the Site’s DMCA Agent as follows:

            Site

1 Cowboys Way, Suite 100

Frisco, Texas 75034
DMCAgroup@dallasowboys.net

The foregoing information is provided exclusively for notifying the Site that your copyrighted or material may have been infringed. Only DMCA notices of copyright infringement will receive a response through this process. DMCA notices of infringement that do not contain all the required information (as described above) may not receive a response. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.

12B. Procedure to Submit Trademark Infringement Notices.

If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to the Site’s DMCA Agent (with the subject line “Trademark Notice“) containing the information set forth below:

  • Complete contact information, including first and last name, mailing address, phone number, and email address.
  • Identification of the specific word, symbol, or phrase in which you claim trademark rights.
  • Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.
  • The country, territory, or jurisdiction in which you claim trademark rights.
  • The category of goods and/or services for which you claim you are entitled to trademark rights.
  • A hyperlink, screenshot, or other information reasonably sufficient to permit the Site to locate the material on the Services that you believe violates your trademark rights.
  • An explanation of how you believe this content infringes your trademark.
  • If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
  • A declaration that:

(1) You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;

(2) The information in your notice is accurate to the best of your knowledge and belief;

(3) Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.

(4) Your electronic signature or physical signature.

Claims of trademark infringement that include the above-required information should be submitted via postal mail or e-mail to the Site’s DMCA Agent as follows:

Site
1 Cowboys Way, Suite 100
Frisco, Texas 75034
DMCAgroup@dallasowboys.net

The foregoing information is provided exclusively for notifying the Site that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.

12C. Gravity of Copyright, Intellectual Property, and Trademark Infringement Notices.

Please be aware that submitting a report of copyright, intellectual property, and trademark infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.

Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.

Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner’s behalf.]

13.  Indemnity.

You agree to defend, indemnify and hold harmless Provider, and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code. These obligations will survive any termination of this Agreement.

14.  No Warranty.

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the Site or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Site, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Services. The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Service may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of the Site, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, the Site shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that the Site shall not be liable for any damages arising from any such interruption, suspension or termination of the Service and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the Service.

The Site does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Site Services or any hyperlinked website or service, and the Site will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

15.  Limitation of Liability.

To the maximum extent permitted by applicable law, in no event shall Provider, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Service. Under no circumstances will the Provider be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, the Provider  assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of the Site’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall the Site, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Site hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Site has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

16.  Governing Law, Arbitration, and Class Action/Jury Trial Waiver.

16A. Governing Law.

You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over the Site, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You agree to submit to the personal jurisdiction of the federal and state courts located in Collin County, Texas for any actions for which the Site retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the Site’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Collin County, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

16B. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.

For any dispute with the Site, you agree to first contact the Site at dataprivacy@jonesentities.net and attempt to resolve the dispute with the Site informally. In the unlikely event that the Site is not been able to resolve a dispute it has with you after sixty (60) days, the parties each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Collin County, Texas, unless you and the Site agree otherwise.

If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Site from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of the Site’s data security, Intellectual Property Rights or other proprietary rights.

16C. Class Action/Jury Trial Waiver.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO WAIVE THEIR RIGHTS TO CLASS ACTION LAWSUITS AND JURY TRIALS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless the Site agrees otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and the Site are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

17.  Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

18.  Severability.

This Agreement and the Site Privacy Policy(ies), together with any amendments and any additional agreements you may enter into with the Site in connection with the Services, shall constitute the entire agreement between you and the Site concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. In the event of any conflict between this Agreement and any separate agreement(s) you may enter into with the Site in connection with the Services, the terms of such separate agreement(s) shall govern.

19.  No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Site’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

20.  Contact.

Please contact the Site at dataprivacy@jonesentities.net with any questions regarding this Agreement.