Digital Edge Sport, Inc. d/b/a Jersey Watch
Last Revised: April 15, 2022
These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Services.
If you do not agree to these Terms, please do not use the Website.
1. Purpose of the Website.
The Website is provided for informational purposes, to provide our Services and for the purposes of enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our Services.
2. Use of the Website.
The Company grants you a non-exclusive right to access and use the Website and the data, material, content, or information herein (collectively, the “Content”) solely for your individual use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
3. User Account Responsibility.
If you are given or create a password to access the Services, you are responsible for maintaining the confidentiality of your account and your password. You also acknowledge that your account is individual to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. 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. We are not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Prohibited Uses. You agree that you will not:
- Use the Website or the Services in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of them;
- Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. Linking to the Website.
You may link to our Website or Administrator Sites, provided you do so in a way that is fair and legal and does not damage our 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 our part.
6. Third-party Websites.
7. Intellectual Property Notices.
The Website, Content, and our Services are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms. The Website, Content, or our Services may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
Your computer may temporarily store copies of Content incidental to your accessing and viewing those Content. You may store files that are automatically cached by your web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use related to purchasing a plan on this Website, if applicable, and not for further reproduction, publication, or distribution.
Copyright. You should assume that everything you see or read on the Company's Website is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Company's Website will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on the Company's Website is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company's Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Jersey Watch is a registered trademark owned by the Company. Nothing contained on the Company's Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company's Website without the written permission of the Company or such third party that may own a trademark displayed on the Company's Website. Your misuse of the Company's trademark(s) displayed on the Company's Website, or any other Content on the Company's Website, except as provided herein, is strictly prohibited.
User Contributions. The Services allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") to Administrator Sites. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan User Contributions. You may also be able to share User Contributions with others, so please think carefully about what you share.
We are not responsible, or liable to any third party, for the content or accuracy of any User.
You also acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials, and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to email@example.com.
8. Reliance on Information Posted.
The information presented on or through the Website or our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Website, Services, and Administrator Sites may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, 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 Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Company Rights and Enforcement.
We reserve the right to:
- Withdraw or amend the Website, Services and any information or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Website or Services, to users.
- Remove or refuse to post any User Contributions (defined below) for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards (described below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
- 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.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or our Services.
- Terminate or suspend your access to all or part of the Website or our Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Content Standards.
These content standards apply to any and all User Contributions posted on our Website or any Administrator Site. 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:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. Uploading Personal Records.
In the course of your use of the Services, you may choose or be required by a third party to upload Personal Records that contain Personal Information to our Website. Such Personal Records may include, but are not limited to, birth certificates, vaccination records, and medical examination records for individual players or team members. When providing your Personal Records, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security cards, photos or scans of credit card or other documents containing sensitive personal data, unless required for our Services. Such records will only be retained for as long as necessary to provide our Services and in accordance with applicable law and our documented policies. All records will be securely maintained and encrypted in accordance with Company policy and procedures.
Consent. By uploading Personal Records to the Jersey Watch Website, you acknowledge and freely consent to let to let the Company use and disclose the Personal Record and any Personal Information contained in the Personal Record, as applicable.
Withdraw Consent. At any time, you may withdraw my consent to the processing and uploading of any Personal Record by notifying the Company via email at firstname.lastname@example.org using the same email address associated with my Website account (if applicable), with the words “WITHDRAW CONSENT” in the email subject line.
12. United States and Canada Only.
The Company is based in the state of Ohio in the United States. The Company provides this Website for use only by persons located in the United States and Canada. We make no claims that the Website, Services, or any of its contents are accessible or appropriate outside of the United States and Canada. Access to the Website or our Services may not be legal by certain persons or in certain countries. User accounts created outside the United States and Canada will be removed from the Website.
13. Fees and Payment Terms.
By selecting and using any Services that we offer for a fee on a subscription basis, you accept the cost of the Services that you have elected to pay, and you authorize Jersey Watch and/or our trusted third-party partners to process your payment from the credit or debit card or other payment source you have identified through your Jersey Watch account (“Payment Method”). If you purchase any Services that we offer for a fee, you agree to pay Jersey Watch, directly or via its designated third-party payment processor, all disclosed and applicable fees as they become due plus all applicable related taxes. You may cancel your subscription from time to time as provided on the Website. We may refuse to renew any subscription.
Unless otherwise agreed to in writing, if you select a Service subject to a recurring monthly subscription fee for use of the Services (the “Subscription Fee(s)”), notwithstanding any then-applicable payment arrangement, you agree to pay the Subscription Fee and any volume-based or consumption-based charges applicable to the Services that you have selected. Such Subscription Fees may vary depending upon the subscription selected by you. Your billing will be provided by Jersey Watch or our trusted third-party partners. The Subscription Fee will be billed on an ongoing regular monthly basis unless you cancel your plan or pay a one-time annual fee. Billing may also be pro-rated based upon the timing of cancellation within the billing cycle. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing its subscription. Current Subscription Fees associated with the Services can be found here: https://www.jerseywatch.com/pricing/. Jersey Watch may change the Subscription Fee and adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you in advance of any change in Subscription Fees by posting such changes to the Subscription Fee at the link above. You accept the new fees by continuing to use the Services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your Jersey Watch account through the Website in accordance with these Terms.
You may update your Payment Method with Jersey Watch at any time by accessing your Jersey Watch account. If at any time Jersey Watch is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid Jersey Watch account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, Jersey Watch reserves the right to suspend your access to the Services until such time as the payment method has been updated and the Subscription Fee is duly paid.
Jersey Watch reserves the right to retry or permit its third-party partners to retry billing your Payment Method after failed attempts (e.g., if Payment Method is rejected). We also reserve the right to pursue or permit our trusted third-party partners to pursue any amounts you fail to pay in connection with your subscription. If Jersey Watch is unable to collect your payment using one of the foregoing methods, Jersey Watch reserves the right to freeze or cancel your Jersey Watch account in its sole discretion. You will remain liable for all such amounts and all costs incurred in connection with the collection of any unpaid amount, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and litigation and/or arbitration costs.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ANY FEES AND FOR PROVIDING JERSEY WATCH WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME.
At its sole discretion, the Company may require you to submit any disputes arising from use of the Services, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Services, and should the Company choose such arbitration to resolve any disputes, you hereby consent to submission of any such dispute to be final and binding arbitration.
ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
16. Limitation of Liability.
You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors and service providers 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 or your use of the Website, including, but not limited to, any use of the Website Content, Services' content, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
18. Termination and Restriction of Access.
In its sole discretion, the Company may terminate or suspend your access to the Website for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
19. Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms, the Website or Services must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
20. Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Ohio, U.S.A. Should the Company not choose arbitration to resolve any dispute under these Terms, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cincinnati, Ohio U.S.A. in all disputes arising out of or relating to the use of the Website.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We may revise and update these Terms from time to time, in our sole discretion, in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law & Jurisdiction section of these Terms will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Services. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s). You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
No waiver by the Company of any term or condition set forth in these Terms 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 Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
23. Entire Agreement.
24. Company Contact Information.
Questions can be directed to the Company at: email@example.com.