This TOU contains an arbitration agreement where you agree that any dispute or claim relating in any way to your use of the Website or the Services (defined below), will be resolved by binding, individual arbitration. We explain this agreement and waiver, along with a limited exceptions, in Section 12 below.
BY USING THE SERVICES YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO BINDING ARBITRATION AND WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Please note that while some of the Services provided by RoleModel may appeal to children, the Website and the Services are not targeted at children under the age of 13, and they are not permitted to use the Website or the Services. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website or the Services, you affirm you are at least 13 years old. If you are under 18 years old, you should ask your parent’s permission before making any purchases of our Services.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Any software that is made available to download from the Services ("Software") is the copyrighted work of RoleModel and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by RoleModel.
The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ROLEMODEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, ROLEMODEL MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ROLEMODEL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
ROLEMODEL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ROLEMODEL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ROLEMODEL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
IN NO EVENT SHALL ROLEMODEL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. If required, you will also choose an appropriate method of payment. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RoleModel immediately of any unauthorized use of your account or any other breach of security. RoleModel will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by RoleModel or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
The Services may be used, among other things, for the ticketing, registration and sales of events or memberships using Ninja Master for both event participants and spectators organized by third party organizers such as gyms, sports clubs, or associations ("Organizer"). By using the Services for the ticketing and sales of events or memberships using Ninja Master, each Organizer grants to RoleModel an exclusive license of the right to sell tickets for such events or memberships. Each Organizer agrees, however, that RoleModel shall have no liability to them for any damages, claims or causes of action arising out of or relating to any events organized by an Organizer.
In connection with any event ticketed or membership registered by RoleModel, if anyone brings a claim against RoleModel related to the use of the Website, the Services, or any violation of this TOU, you agree to indemnify, defend and hold RoleModel and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). Any such claims will be defended by legal counsel of our choice.
IN NO EVENT WILL ROLEMODEL, ITS ADVERTISERS, SUPPLIERS OR SPONSORS BE LIABLE OR RESPONSIBLE TO ANY ORGANIZER PARTICIPANT OR SPECTATOR OR ANYONE ELSE FOR, AND ALL ORGANIZERS, PARTICIPANTS AND SPECTATORS KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR CONNECTED WITH ANY EVENT OR ANY EVENTS TICKETED SOLD OR REGISTERED BY ROLEMODEL THROUGH THE WEBSITE OR OTHERWISE. WE ALSO HAVE NO LIABILITY OR RESPONSIBILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. WE HAVE NO RESPONSIBILITY FOR ANY LOST, STOLEN OR DAMAGED TICKETS OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION OF THE SERVICES IS TO STOP USING THE SERVICES.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any RoleModel server, or the network(s) connected to any RoleModel server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any RoleModel server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
RoleModel has no obligation to monitor the Communication Services. However, RoleModel reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. RoleModel reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
RoleModel reserves the right at all times to disclose any information as RoleModel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RoleModel’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. RoleModel does not control or endorse the content, messages or information found in any Communication Services and, therefore, RoleModel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
All subscriptions for event organizers are for a single location, regardless of the number of users allowed by the subscription. Organizations with multiple locations or franchises must have a subscription for each location. If the nature of your organization is not limited to a single location, you must have explicit permission to use your subscription at more than one location.
Given the well-understood nature of “subscriptions” and the ease of cancellation, all subscription fees are non-refundable. The amount of any subscription fees are subject to change at any time. In the event of any increase to our pricing we will notify you of any increase through the e-mail address associated with your account at least thirty (30) days prior to your renewal date.
Please note that these are all subscriptions that will automatically renew at their renewal date unless you cancel before the renewal date. We’ve made cancellation easy for you to do if you no longer wish to use our software. However, please keep in mind that it is your responsibility to cancel the subscription. You may cancel at any time during the month for a monthly subscription or during the year for an annual subscription and continue to use the app for the duration of your current term.
RoleModel does not claim ownership of the materials you provide to RoleModel (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting RoleModel, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all RoleModel Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
You understand and agree that RoleModel may process funds that you owe to third parties such as gyms, sports clubs, or associations. You understand that RoleModel forwards these funds or payments to the third parties. At all times, all such funds are the property of the third party. In the event of a dispute, or differences with, the third party, you agree to communicate with, seek recourse from and/or proceed directly against, the third party. You specifically agree not to seek any recovery, or offset, against these funds from RoleModel.
You also understand and agree that third parties forward funds to RoleModel as payment. You understand that RoleModel processes these funds in accordance with its contract with the third party. At all times, all such funds are RoleModel property. In the event of a dispute or differences with the third party, you agree to communicate with, and/or proceed directly against, the third party, and not to seek any recovery, or offset, against these funds from RoleModel.
In the event of a dispute arising out of, or in connection with, these TOU, you and RoleModel waive your right to litigate these issues in any state or federal court, or to have them tried by jury. Provided however, you or RoleModel may seek immediate and temporary injunctive relief from a court of competent jurisdiction sitting in Raleigh, North Carolina, until such time as an arbitrator is appointed. All issues will be resolved through binding arbitration in Raleigh, North Carolina. You and RoleModel agree to enter arbitration through the American Arbitration Association and abide by the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration shall be conducted by a single arbitrator. If you and RoleModel cannot agree on an arbitrator within 14 days of commencement of an arbitration proceeding by service of a demand for arbitration, the American Arbitration Association shall select the arbitrator.
The arbitration agreement in this TOU is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. The laws of the State of North Carolina will be applied to any claims in the arbitration proceedings, without regard to principles of conflicts of laws.
You and RoleModel agree to abide by any award issues by the arbitrator and the judgement of any court with jurisdiction may be entered on the award.
The cost of the arbitration will be determined by the arbitrator. You and RoleModel will be responsible for your own litigation fees. The arbitrator may award fees or costs to the prevailing party as permitted by North Carolina law.
THE LINKS IN THIS AREA WILL LET YOU LEAVE ROLEMODEL’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ROLEMODEL AND ROLEMODEL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ROLEMODEL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ROLEMODEL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ROLEMODEL OF THE SITE.