THE PLAYBOOK WEBSITE
TERMS OF USE

UPDATED AUGUST 26, 2024

These website terms of use are entered into by and between You as the individual accessing or using this Website (defined below) (“You”) and The Sports Mental Health & Wellness Playbook Corporation (“The Playbook”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, ”Terms of Use“), govern Your access to and use of sportsmentalhealthplaybook.com, including any subdomains and content, functionality, and services offered on or through sportsmentalhealthplaybook.com or any of its subdomains, including but not limited to any mobile application (“The Playbook Mobile App”). The Playbook makes available for use referring to the foregoing as “Website”.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU ACCESS OR OTHERWISE MAKE ANY USE OF THIS WEBSITE. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND AND ABIDE BY THESE TERMS OF USE AND THE PLAYBOOK PRIVACY POLICY, FOUND AT https://www.sportsmentalhealthplaybook.com/legal-privacy-policy, INCORPORATED HEREIN BY REFERENCE (“THE PLAYBOOK PRIVACY POLICY”).  

THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO AT LEAST 18 YEARS OF AGE OR OLDER. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE PLAYBOOK AND YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF USE AND BIND YOU TO ALL TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PLAYBOOK PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT IN SECTION 21. THE ARBITRATION AGREEMENT AFFECTS YOUR ABILITY TO FILE CLAIMS IN COURT. PLEASE READ THIS SECTION CAREFULLY.

1   CHANGES TO THE TERMS OF USE.

The Playbook may revise and update these Terms of Use from time to time in The Playbook’s sole discretion. All changes are effective immediately when The Playbook posts such modified terms on this Website and apply to all access to and use of this Website thereafter. Your continued use of this Website following the posting of The Playbook’s modified Terms of Use means that You accept and agree to the modified Terms of Use. You are responsible for checking this page regularly to maintain awareness of any modified Terms of Use, as they are binding on You.

2   WEBSITE ACCESS AND ACCOUNT SECURITY.

2.1
The Playbook reserves the right to withdraw or amend this Website, and any service or material The Playbook provides on this Website, in The Playbook’s sole discretion without notice. The Playbook will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, The Playbook may restrict user access, including registered user access, to some parts of this Website or the entire Website.

2.2
You are responsible for both (a) making all arrangements necessary for You to have access to this Website, and (b) ensuring that all persons who access this Website through Your internet connection are aware of these Terms of Use and comply with them.

2.3
To access this Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information You provide on this Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on this Website, is governed by The Playbook Privacy Policy, and You consent to all actions The Playbook takes with respect to Your information consistent with The Playbook Privacy Policy.

2.4
If You choose, or are provided with, a username, password, or any other piece of information as part of The Playbook’s security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify The Playbook immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

2.5
The Playbook reserves the right to disable any username, password, or other identifier, whether chosen by You or provided by The Playbook, at any time in The Playbook’s sole discretion for any or no reason, including if, in The Playbook’s opinion, You have violated any provision of these Terms of Use.

2.6
Access to and use of The Playbook Mobile Application is also subject to and governed by the applicable mobile application license agreement. With respect to access and use of The Playbook Mobile Application, in the event that any term or condition of these Terms of Use conflict with or are inconsistent with the applicable mobile application license agreement, the terms of the mobile application license agreement shall govern.

3   INTELLECTUAL PROPERTY RIGHTS.

3.1
Ownership. This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Playbook, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2
Restrictions. These Terms of Use permit You to use this Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website, except as follows:

3.2.1
Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.

3.2.2
You may store files that are automatically cached by Your Web browser for display enhancement purposes.

3.2.3
You may print one copy of a reasonable number of pages of this Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.

3.2.4
If The Playbook provides desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by The Playbook end user license agreement for such applications.

You must not:

3.2.5
Modify copies of any materials from this Website.

3.2.6
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

3.2.7
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

3.3
Reservation of Rights. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, Your right to use this Website will stop immediately and You must, at The Playbook’s option, return or destroy any copies of the materials You have made. No right, title, or interest in or to this Website or any content on this Website is transferred to You, and all rights not expressly granted are reserved by The Playbook, its licensors, and third-party providers. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4   TRADEMARKS.

The Playbook name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Playbook or its affiliates or licensors. You must not use such marks without the prior written permission of The Playbook. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by The Playbook.

5   PROHIBITED USES.

5.1
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:

5.1.1
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

5.1.2
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

5.1.3
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

5.1.4
To transmit, or procure the sending of, any advertising or promotional material without The Playbook’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

5.1.5
To impersonate or attempt to impersonate The Playbook, a The Playbook employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

5.1.6
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by The Playbook, may harm The Playbook or users of this Website, or expose them to liability.

5.2
Additionally, You agree not to:

5.2.1
Use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website.

5.2.2
Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.

5.2.3
Use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in these Terms of Use, without The Playbook’s prior written consent.

5.2.4
Develop or use any applications that interact with this Website without The Playbook’s prior written consent.

5.2.5
Use any device, software, or routine that interferes with the proper working of this Website.

5.2.6
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

5.2.7
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website.

5.2.8
Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.

5.2.9
Otherwise attempt to interfere with the proper working of this Website, or encourage or enable any other individual to do any of the foregoing.

6   USER CONTRIBUTIONS.

6.1
This Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this Website. All User Contributions must comply with the section titled, “Content Standards” set forth below in these Terms of Use.

6.2
Any User Contribution You post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, You grant The Playbook and The Playbook’s affiliates and service providers, and each of their and The Playbook’s licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

6.3
You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to The Playbook and The Playbook’s affiliates and service providers, and each of their and The Playbook’s licensees, successors, and assigns; and (b) all of Your User Contributions do and will comply with these Terms of Use.

6.4
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not The Playbook, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Playbook is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of this Website.

7   MONITORING AND ENFORCEMENT; TERMINATION.

7.1
The Playbook reserves the right to:

7.1.1
Remove or refuse to post any User Contributions for any or no reason in The Playbook’s sole discretion.

7.1.2
Take any action with respect to any User Contribution that The Playbook deems necessary or appropriate in The Playbook’s sole discretion, including if The Playbook believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public, or could create liability for The Playbook.

7.1.3
Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.

7.1.4
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.

7.1.5
Terminate or suspend Your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Use.

7.2
Without limiting the foregoing, The Playbook has the right to cooperate fully with any law enforcement authorities or court order requesting or directing The Playbook to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE PLAYBOOK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE PLAYBOOK DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE PLAYBOOK OR LAW ENFORCEMENT AUTHORITIES.

7.3
Notwithstanding anything to the contrary in the foregoing, The Playbook does not undertake to review material, including any User Contributions, before it is posted on this Website and cannot ensure prompt removal of objectionable material, including any User Contribution, after it has been posted. Accordingly, The Playbook assumes no liability for any action or inaction regarding transmissions, communications, or content, including any User Contributions, provided by any user or third party. The Playbook has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8   CONTENT STANDARDS.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

8.1
Contain any material that is confidential, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

8.2
Contain any material that is knowingly false, inaccurate, or misleading.

8.3
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

8.4
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

8.5
Violate 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 of Use and The Playbook Privacy Policy.

8.6
Be likely to deceive any person.

8.7
Promote any illegal activity, or advocate, promote, or assist any unlawful act.

8.8
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

8.9
Impersonate any person or misrepresent Your identity or affiliation with any person or organization.

8.10
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

8.11
Give the impression that they emanate from or are endorsed by The Playbook or any other person or entity, if this is not the case.

9   COPYRIGHT INFRINGEMENT.

9.1
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If You have a good faith belief that any User Contributions or material posted on or linked to or from this Website is violating Your copyright, please send The Playbook written notice of such violations to The Playbook Inc., 420 N 5th Street, Suite 150, Minneapolis, MN 55401, ATTN: Legal Office. Your notice must meet DMCA requirements by providing the following information:

9.1.1
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

9.1.2
A description of the copyrighted work that You claim has been infringed;

9.1.3
A description of where the material that You claim is infringing is located on this Website;

9.1.4
Your address, telephone number, and e-mail address;

9.1.5
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

9.1.6
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

9.2
In addition, if You have a good faith belief that a notice of copyright infringement has been wrongly filed by The Playbook against You, the DMCA permits You to send The Playbook a counter-notice. All notices and counter-notices should be sent to The Playbook at the address provided herein. Be aware that penalties may be imposed for false claims under the DMCA. You should consult Your legal advisor before filing a notice or counter-notice. It is the policy of The Playbook to terminate the user accounts of repeat infringers.

10   RELIANCE ON INFORMATION POSTED.

The information presented on or through this Website is made available solely for general information purposes. The Playbook does not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. The Playbook disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including User Contributions and/or materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials including in any User Contributions, and all articles and responses to questions and other content, other than the content provided by The Playbook, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Playbook. The Playbook is not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

11   MEDICAL DISCLAIMERS.

This Website, including but not limited to The Playbook Mobile App, are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care. The Playbook is not a licensed medical care provider and does not engage in, nor has expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition. The Playbook does not provide emergency services and is not obligated to contact You or anyone on Your behalf with respect to Your medical condition or treatment. The Playbook is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services. You should always consult a medical professional, and not The Playbook, if You have any questions regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something You have read or received using this Website and The Playbook Mobile App.

12   CHANGES TO THIS WEBSITE.

The Playbook may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and The Playbook is under no obligation to update such material.

13   INFORMATION ABOUT YOU AND YOUR VISITS TO THIS WEBSITE.

All information The Playbook collects on this Website is subject to The Playbook Privacy Policy. By using this Website, You consent to all actions taken by The Playbook with respect to Your information in compliance with The Playbook Privacy Policy.

14   LINKING TO THIS WEBSITE AND SOCIAL MEDIA FEATURES.

14.1
You may link to The Playbook’s Website homepage, provided You do so in a way that is fair and legal and does not damage The Playbook’s reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on The Playbook’s part without The Playbook’s express written consent.

14.2
This Website may provide certain social media features that enable You to: (a) link from Your own or certain third-party websites to certain content on this Website; (b) send emails or other communications with certain content, or links to certain content, on this Website; or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.

14.3
You may use these features solely as they are provided by The Playbook and otherwise in accordance with any additional terms and conditions The Playbook provides with respect to such features. Subject to the foregoing, You must not: (a) establish a link from any website that is not owned by You; (b) cause this Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (c) link to any part of this Website other than the homepage; or (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

14.4
The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with The Playbook in causing any unauthorized framing or linking to immediately stop. The Playbook reserves the right to withdraw linking permission without notice. The Playbook may disable all or any social media features and any links at any time without notice in The Playbook’s discretion.

15   LINKS FROM THIS WEBSITE.

If this Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Playbook has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

16   GEOGRAPHIC RESTRICTIONS.

The owner of this Website is based in the State of Minnesota in the United States. The Playbook provides this Website for use only by persons located in the United States. The Playbook makes no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If You access this Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

17   DISCLAIMER OF WARRANTIES.

17.1
You understand that The Playbook cannot and does not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to The Playbook’s Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE PLAYBOOK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

17.2
THIS WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, AND YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PLAYBOOK NOR ANY PERSON ASSOCIATED WITH THE PLAYBOOK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PLAYBOOK NOR ANYONE ASSOCIATED WITH THE PLAYBOOK REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

17.3
TO THE FULLEST EXTENT PROVIDED BY LAW, THE PLAYBOOK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

17.4
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18   LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE PLAYBOOK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, IRRESPECTIVE OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19   INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless The Playbook, 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Use or Your use of this Website, including, but not limited to, Your User Contributions, any use of this Website's content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from this Website.

20   GOVERNING LAW AND JURISDICTION.

All matters relating to this Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the laws of the state of Minnesota without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Minnesota law, rules, and regulations, Minnesota law, rules and regulations shall prevail and govern. Subject to Section 21, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Hennepin County, Minnesota. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms of Use.

21   ARBITRATION.

21.1
YOU AND THE PLAYBOOK AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND THE PLAYBOOK ARISING FROM OR RELATING IN ANY WAY TO THIS WEBSITE, THESE TERMS OF USE OR THE TRANSACTIONS CONTEMPLATED HEREIN, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

21.2
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will take place in Minneapolis, Minnesota. The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

21.3
YOU AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR THE PLAYBOOK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

21.4
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE PLAYBOOK MAY SEEK EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

22   LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23   WAIVER AND SEVERABILITY.

No waiver by The Playbook of any term or condition set out in these Terms of Use 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 of The Playbook to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use will continue in full force and effect.

24   ENTIRE AGREEMENT.

Except for other The Playbook agreements that you agree to in writing (ex. The Playbook Mobile Applicable, The Playbook Terms of Services, etc.), These Terms of Use constitute the sole and entire agreement between You and The Playbook regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Website.

25   YOUR COMMENTS AND CONCERNS.

This Website is operated by The Sports Mental Health & Wellness Playbook Corporation, 420 N 5th Street, Suite 150, Minneapolis, MN 55401.

All notices of copyright infringement claims should be sent to The Playbook at The Sports Mental Health & Wellness Playbook Corporation, 420 N 5th Street, Suite 150, Minneapolis, MN 55401, ATTN: Legal Department.

All other feedback, comments, requests for technical support, and other communications relating to this Website should be directed to: support@playbookperformance.co.