Terms & Conditions

  • Home
  • Terms & Conditions

Terms & Conditions

[Last Updated: June 16, 2020] CourtTimes provides an online platform that connects Facility Owners who have Athletic Facilities to rent with Guests seeking to rent such Athletic Facilities (collectively, the “Services”), which Services are accessible at www.CourtTimes.com and/or as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Site”). By accessing and using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a registered user of the Services. Please review these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations, including various limitations and exclusions, an arbitration provision, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations. 1. General Definitions. As used herein, capitalized words shall have the following meanings: “Booking Request Period” means the time period starting from the time when a booking of an Athletic Facility is requested by a Guest (as determined by CourtTimes in its sole and absolute discretion), within which an Owner may decide whether to confirm or reject that booking request, as stated on the Site. “Content” means all text, graphics, images, music, software, audio, video, information or other materials that CourtTimes makes available through the Site or its related promotional campaigns and official social media channels, including any content licensed from a third party. “Athletic Facility” means a basketball or other athletic  facility or gymnasium and any associated facilities. “Guest” means a Member who requests from an Owner a booking of an Athletic Facility via the Site, or a Member who uses an Athletic Facility and is not the Owner for the associated Listing. “Listing” means an Athletic Facility that is listed by an Owner as available for rental via the Site. “Member” means a person who completes CourtTimes’ account registration process, including but not limited to Owners and Guests, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits or includes in its Listing. “Owner” means a Member who creates a Listing via the Site. 2. General Terms of Service. The Site is an online platform through which Owners create Listings for Athletic Facilities and Guests may book the use of Athletic Facilities directly with Owners. CourtTimes is not a party to any agreements between Owners and Guests, nor is CourtTimes a broker, agent or insurer. CourtTimes has no control over the conduct of Owners, Guests, other users of the Site or any Athletic Facility, and disclaims all liability in this regard, to the maximum extent permitted by law. If an Owner chooses to create a Listing on CourtTimes, you understand and agree that your relationship with CourtTimes is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of CourtTimes, and that you act exclusively on your own behalf and for your own benefit and not on behalf of or for the benefit of CourtTimes. CourtTimes does not control, and has no right to control, your Listing, your Athletic Facility or any other matters related thereto. You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of CourtTimes, including by inappropriately using any CourtTimes intellectual property. You acknowledge and agree that, by accessing or using the Site or by downloading or posting any Content from or on the Site, you agree to be bound by these Terms of Service, whether or not you have registered with the Site. If you do not agree to these Terms of Service, then you have no right to access or use the Site. If you accept or agree to these Terms of Service on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that entity. Any access to or use of the Site by anyone under the age of 18 is expressly prohibited; by accessing or using the Site you represent and warrant that you are 18 or older. CourtTimes reserves the right, in its sole and absolute discretion, to modify the Site and these Terms of Service, including the Service Fees (as hereafter defined), at any time and without prior notice. If CourtTimes modifies these Terms of Service, the modification will be posted on the Site or otherwise provided to you, and CourtTimes will also update the “Last Updated” date at the top of these Terms of Service. By continuing to access or use the Site after notice of a modification, you are bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site. 3. General Site Operation. CourtTimes makes available an online platform with related technology for Guests and Owners to meet online and arrange for bookings of Courts directly with each other. CourtTimes is not an owner, operator, manager or provider of Courts. Unless explicitly specified otherwise, CourtTimes’ responsibilities are limited to facilitating the Court rentals through the Site. COURTTIMES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY COURTS. COURTTIMES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND COURTS. ACCORDINGLY, ANY BOOKINGS ARE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK. You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Court or create a Listing, you must first register to create a CourtTimes Account (defined below). 4. Account Registration. In order to access certain features of the Site, and to book a Court or create a Listing, you must register to create an account (“CourtTimes Account”) and become a Member. Your CourtTimes Account will be created for your use of the Site based upon the personal information you provide to CourtTimes. You may not have more than one active CourtTimes Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CourtTimes reserves the right to suspend or terminate your CourtTimes Account and your access to the Site if you create more than one CourtTimes Account or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent or otherwise in violation of these Terms of Service. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are responsible for any activities or actions under your CourtTimes Account, whether or not you have authorized such activities or actions. You will immediately notify CourtTimes of any unauthorized use of your CourtTimes Account. 5. Athletic Facility Listings. Members may create Listings by providing information about the Court to be listed, including the location, physical address, features, availability, limitations on number of individual users, and pricing. Owners are solely responsible for the content of any and all Listings and represent and warrant that the Listing, and the booking of, or a Guest’s use of, your Court will not breach any agreement with any third parties and will be in compliance with all applicable laws, rules and regulations (including having all required permits, licenses and registrations). CourtTimes assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties or applicable laws, rules and regulations. CourtTimes reserves the right, in its sole and absolute discretion and at any time and without prior notice, to remove or disable access to any Listing for any reason. Other Members will be able to book the use of your Court through a Listing via the Site. After a Guest requests a booking of your Court, you may not request the Guest to pay a Court Fee (as hereafter defined) higher than set forth in the Listing. CourtTimes does not act as an insurer or contracting agent. Owners are responsible for making informed decisions about which Members are confirmed or preapproved for booking for your Court. If a Guest requests a booking of and uses your Court, any agreement you enter into with such Guest is solely between you and the Guest. Further, Owners are responsible for the condition of the Court as well as their own acts and omissions and the acts and omissions of any persons who are present at the Court at the Owner’s request or invitation, excluding the Guest (and the individuals the Guest invites to the Court, if applicable). CourtTimes recommends that Owners obtain appropriate insurance for their Courts and also that Owners require Guests to provide proof of liability insurance. Please review any insurance policy carefully, in particular any exclusions to and any deductibles that may apply for such insurance policy, including, but not limited to, whether the insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Court, if applicable) while using your Court. 6. No Endorsement. CourtTimes does not endorse any Member, Listing or Court. Members are required by these Terms of Service to provide accurate information. Although CourtTimes may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide certain information about your identity, CourtTimes does not undertake background checks of Members and/or screen Member information, and CourtTimes does not make any representations about, confirm or endorse any Member or the Member’s purported identity or background. By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be strictly limited to a claim against the particular Member or other third party who caused you harm. You agree not to attempt to impose liability upon or seek any legal remedy against CourtTimes with respect to such actions or omissions; provided, however, that this limitation shall not apply to any claim by an Owner against CourtTimes regarding the remittance of payments received from a Guest by CourtTimes on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”. 7. Bookings and Financial Terms. A. Financial Definitions. As used in this section and elsewhere herein, capitalized words shall have the following meanings: “Court Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s use of a Court. The Owner is solely responsible for establishing the Court Fees in its Listing. The Owner may in its sole and absolute discretion include in these amounts Taxes that the Owner determines are to be collected. “Guest Fees” means the fee that CourtTimes charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Court Fees. The Guest Fees will be displayed to the Guest when the Guest sends a booking request to an Owner through the Site. “Owner Fees” means the fee that CourtTimes charges an Owner for the use of the Services, which is calculated as a percentage of the applicable Court Fees. The Owner Fees will be displayed to the Owner when the Owner receives a booking request from a prospective Guest. “Payment Method” means a payment method that you have added to your CourtTimes Account, such as a credit card, debit card or PayPal. “Payout Method” means a payout method that you have added to your CourtTimes Account, such as PayPal or electronic transfer. “Service Fees” means, collectively, Guest Fees and Owner Fees, and are charged by CourtTimes in consideration for the use of the Site. Service Fees and, where applicable, Taxes thereon, are collected pursuant to the Payment Terms. Except as otherwise provided herein, Service Fees are non-refundable. “Tax” or “Taxes” mean any sales taxes, value added taxes, goods and services taxes, Rent Taxes or other taxes or fees that may be required by law to be collected and remitted to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. “Total Fees” means collectively Athletic Facility Fees and Guest Fees, plus any Taxes. B. Owners. If a booking is requested for your Court via the Site, unless you reject the booking request within the Booking Request Period, the booking request will be automatically approved. When a booking is requested via the Site, CourtTimes will provide you the name of the Guest who has requested the booking and a link to the Guest’s CourtTimes Account profile page. If you reject a booking request within the Booking Request Period, any amounts collected by CourtTimes for the requested booking will be refunded to the applicable Guest. Otherwise, CourtTimes will send you an email confirming such booking. CourtTimes will collect the Total Fees from Guests at the time of the booking request and will initiate payment of the Court Fees (less applicable fees and Taxes) to the Owner monthly, in arrears, and as further described in the Payment Terms. CourtTimes may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Court Fees specified in the applicable cancellation policy. CourtTimes will collect the Total Fees from each Guest either at the time of the booking request or upon the Owner’s confirmation of the booking (depending upon the Guest’s Payment Method) and will initiate payment of the Court Fees (less service Fees and any Taxes) to the Owner in most cases within 24 hours of the scheduled check-in time for the Guest at the applicable Court (except to the extent that a refund is due to the Guest). The time it takes for the Owner to receive payouts may depend upon the Payout Method chosen by the Owner. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Owner, including by deducting their charges from the payout amount. If you owe or agree to pay any amount to CourtTimes, then CourtTimes may withhold the amount owing to CourtTimes from any payout amounts due to you as an Owner, and setoff the amount owed by you to CourtTimes. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged collection fees, convenience fees, or other third party charges that are incidental to our collection of these amounts. All communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to CourtTimes by you. C. Guests. Owners are solely responsible for honoring any confirmed bookings and making available any Courts reserved through the Site. If you choose to enter into a transaction with an Owner for the booking of a Court, you agree that you will be required to enter into an agreement with the Owner and to accept any terms, conditions, rules and restrictions imposed by the Owner. You acknowledge and agree that you, and not CourtTimes, will be responsible for performing the obligations of any such agreement, that CourtTimes is not a party to such agreement and that, with the exception of CourtTimes’ obligations pursuant to the Payment Terms, CourtTimes disclaims all liability arising from or related to any such agreement(s). The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to an Owner. The Owner may reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically approved. Upon receipt of your booking request, CourtTimes may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payment Terms. If a requested booking is cancelled (i.e. rejected by the applicable Owner), any amounts collected by CourtTimes will be refunded to such Guest, and any pre-authorization of such Guest’s Payment Method will be released, if applicable. Guest agrees to pay the Total Fees for any booking requested. CourtTimes will collect the Total Fees pursuant to the Payment Terms. Upon confirmation of your booking you will receive an email summarizing your confirmed booking. Guests authorize CourtTimes to charge Guest’s Payment Method the Total Fees for any booking requested in connection with your CourtTimes Account. CourtTimes, on behalf of the Owner, reserves the right, in its sole and absolute discretion, to {i) obtain a pre-authorization through your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount to verify your Payment Method. If a requested booking is cancelled (i.e. not confirmed by the applicable Owner), any amounts collected by CourtTimes will be refunded to such Guest and any pre-authorization of such Guest’s Payment Method will be released, if applicable. In connection with your requested booking, you must provide customary billing information such as name, billing address and Payment Method information either to CourtTimes or its third-party payment processor(s). You agree to pay CourtTimes for any confirmed bookings made in connection with your CourtTimes Account and hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking. If CourtTimes is unable to collect any amounts you owe for a confirmed booking, CourtTimes may engage in collection efforts to recover such amounts from you. All communication in relation to amounts owed will be made by electronic mail or by phone, as provided to CourtTimes by you. D. Appointment as Limited Payment Collection Agent. CourtTimes is hereby appointed to accept payments from Guests as the Owner’s limited payment collection agent and CourtTimes’ obligation to pay the Owner is subject to and conditional upon successful receipt of the payment from Guests. CourtTimes does not guarantee payments to Owners for amounts that have not been successfully received by CourtTimes from Guests, and assumes no liability for any acts or omissions of the Owner. Each Owner agrees that payment made by a Guest through CourtTimes, shall be considered the same as a payment made directly to the Owner, and the Owner will make the Court available to the Guest as if the Owner has received the Court Fees. Each Owner agrees that CourtTimes may refund to the Guest that portion of the Court Fees specified in the cancellation policy. CourtTimes deducts the Owner Fees from the Court Fees before remitting the balance to the Owner as described in the Payments Terms. Guest Fees are, as noted above, included in the Total Fees. E. Cancellation Policy. A Guest may cancel a confirmed booking through the Site up to 24 hours prior to the Athletic Facility reservation time and receive a refund of the Athletic Facility Fees. Any cancellation made within 24 hours of the Court reservation time will result in a forfeiture of all Court Fees. The Guest Fee is non-refundable regardless of the time of cancellation by the Guest. CourtTimes will initiate any refunds due pursuant to the Payment Terms. If an Owner cancels a confirmed booking, the Guest will receive an email from CourtTimes and CourtTimes will refund the Total Fees for such booking to the Guest within a commercially reasonable time. If an Owner cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from CourtTimes, please contact CourtTimes. If an Owner cancels a confirmed booking, CourtTimes may impose penalties or other consequences, including blocking the Listing for further reservations and/or imposing a cancellation fee of up to the value of the cancelled booking(s). Cancellation fees may be withheld from future payouts or charged to the Payment Method on file. CourtTimes may determine, in its sole and absolute discretion, that it is necessary or desirable to cancel a confirmed booking or to refund to the Guest part or all of the amounts charged to the Guest in accordance with CourtTimes’ Guest refund policy. CourtTimes and the relevant Guest or Owner have no liability for such cancellations or refunds. You are responsible for any modifications to a booking that you direct CourtTimes to make, and you agree to pay any Athletic Facility Fees, Guest Fees, Owners Fees, Services Fees and/or Taxes associated with such modifications. If a Guest cancels a confirmed booking or CourtTimes determines that it is necessary to cancel a confirmed booking, and CourtTimes issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, CourtTimes shall be entitled to recover the amount of any such Guest refund from Owner, including by subtracting such refund amount out from any future Athletic Facility Fees due to Owner. F. Payout. Balances will be remitted by CourtTimes to Owners through the Payout Method selected by the Owner. G. Payment Method Authorization. You authorize CourtTimes to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account number or expiration date changes (e.g. for credit cards or debit cards), we may acquire that information from our financial services partner and update your Payment Method on file in your CourtTimes Account. 8. Taxes. Tax regulations may require CourtTimes to collect appropriate tax information from Owners (such as an IRS Form W-9 from certain Owners) , to withhold taxes from payouts to Owners, or both. Owners are solely responsible for keeping the information in tax forms current, complete and accurate. If an Owner fails to provide CourtTimes with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to that Owner, CourtTimes reserves the right in its sole and absolute discretion to withhold all payouts to the Owner until resolution, to withhold such amounts as required by law, or both. Owners are solely responsible for determining applicable Tax reporting requirements, for determining if Taxes should be included in a Listing, and for obligations relating to applicable Taxes. Owners are also solely responsible for remitting to the applicable authority any Taxes included or received. CourtTimes cannot and does not offer tax-related advice to any Member. Federal, state, county, city or other governmental agencies, departments or authorities (collectively, the “Tax Authority”) where your Court is located may require Taxes to be collected from Guests or Owners on the amount paid for the right to use the Court, and to be remitted to the respective Tax Authority. Applicable laws may require taxes to be collected and remitted as a percentage of the Court Fees set by Owners, a fixed amount per day, or other variations, and are sometimes called “rent taxes”, “sales and use taxes” or “transaction privilege taxes” (herein collectively referred to as “Rent Taxes”). A. Direct Rent Tax Collection. CourtTimes may determine in its sole and absolute discretion to facilitate collection and remittance of Rent Taxes from or on behalf of Guests or Owners (“Direct Collection”) if such tax jurisdiction asserts CourtTimes or Owners have a Rent Tax collection obligation. In any jurisdiction in which CourtTimes elects to facilitate Direct Collection, in lieu of the Owner collecting Rent Taxes from Guests and remitting to the Tax Authority, Owners hereby instruct and authorize CourtTimes to collect Rent Taxes from Guests on the Owner’s behalf at the time Court Fees are collected, and to remit such Rent Taxes to the Tax Authority. When CourtTimes facilitates Direct Collection in a jurisdiction for the first time, CourtTimes will provide notice to existing Owners with Listings for Courts in such jurisdictions. When a new Listing is created in a jurisdiction where CourtTimes facilitates Direct Collection, the Owner will be notified in the Listing creation process. The amount of Rent Taxes, if any, collected and remitted by CourtTimes will be visible to and separately stated to both Guests and Owners on their respective transaction documents. Where CourtTimes is implementing Direct Collection, Guests and Owners agree that Owners are not permitted to attempt collection or to collect any Rent Taxes relating to their Courts listed on CourtTimes in that such jurisdiction. You agree to release, defend, indemnify and hold CourtTimes and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, attorneys and accounting fees, arising out of or in any way related to Rent Taxes, including, without limitation, the applicability, calculation, collection or remittance of Rent Taxes in any amount or at all as to your transactions or Courts. B. Owner Rent Tax Remittance. In other jurisdictions, CourtTimes may determine in its sole and absolute discretion to facilitate Rent Tax collection in accordance with an Owner’s direction to include a specific Rent Tax line item in the booking process, pursuant to which the Owner directs that Rent Taxes from Guests be sent directly to the Owner so that the Owner will remit such taxes to the Tax Authority (“Owner Remittance”). In any jurisdiction in which CourtTimes elects to facilitate collection of Rent Tax by Owner Remittance, whether you are a Guest or Owner, you hereby instruct and authorize CourtTimes to send Rent Taxes received from Guests at the time Court Fees are collected to the Owner, who is then obligated to remit such taxes to the Tax Authority. If CourtTimes offers and an Owner elects Owner Remittance in any jurisdiction, Owners and Guests remain solely responsible and liable for the payment and remittance of any and all Taxes that may apply to the rental of Courts, and you agree that CourtTimes is not responsible for and will not send any such Rent Taxes to the Tax Authority. Owners hereby agree that through third-party payment processors, CourtTimes is merely processing your election and direction for Owner Remittance, and that Owners will remit all amounts collected from Guests as Rent Taxes to such Tax Authority. You agree to release, defend, indemnify, and hold CourtTimes and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Rent Taxes, including, without limitation, the applicability, calculation, collection or remittance of Rent Taxes in any amount or at all as to your transactions or Courts. C. Miscellaneous Tax Provisions. CourtTimes may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and your sole remedy for Rent Taxes collected is a refund of Rent Taxes collected by CourtTimes from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority. In any jurisdiction in which CourtTimes has not provided notice of, or is not facilitating (or are no longer facilitating) the collection or remittance of Rent Taxes by Direct Collection, Owner Remittance or other means, Owners and Guests remain solely responsible and liable for the collection and/or remittance of any and all applicable Rent Taxes. CourtTimes makes no representation that it will facilitate collection and/or remittance of Rent Tax in any specific jurisdiction, or that CourtTimes will continue to facilitate any collection or remittance of Rent Tax in any specific jurisdiction in which it may have previously been offered. CourtTimes reserves the right, in its sole and absolute discretion, to cease any facilitation of collection and/or remittance of Rent Tax for any reason or no reason at all, provided that CourtTimes will give Owners reasonable notice if CourtTimes determines to cease any such facilitation. Owners and Guests expressly grant CourtTimes permission to store, transfer and disclose to the applicable Tax Authority data and other information relating to them or to their transactions, bookings, Courts and Rent Taxes, including, but not limited to, personally identifiable information such as the Owner’s or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information. 9. Damage to Athletic Facilities. Guests are responsible for leaving the Athletic Facility in the condition it was in upon arrival, including locking or securing the building upon departure, as instructed by the Owner. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any persons whom you invite to, or otherwise provide access to, the Athletic Facility. 10. Overtime Use. Guests agree that a confirmed booking is a license granted by the Owner to the Guest to use the Athletic facilityfor the limited duration of the confirmed booking and in accordance with the Guest’s agreement with the Owner. Guests further agree to leave the Athletic Facility no later than the time specified in the booking. If a Guest stays past the agreed upon time without the Owner’s consent, the Guest no longer has a license to use the Athletic Facility and the Owner may charge the Guest an additional hourly fee of two times the hourly Athletic Facility Fee originally paid by the Guest to cover the inconvenience suffered by the Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Owner (collectively, “Additional Sums”). CourtTimes will collect Additional Sums from Guests pursuant to the Payments Terms. 11. User Conduct. In connection with your use of the Site, you shall not: * violate any local, state, federal or other law or regulation, or any order of a court; * use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site; * access or use the Site to use, expose or allow to be used or exposed, any Content (i) that is not publicly displayed by CourtTimes in its search results pages or Listing pages before a booking is confirmed, (ii) in any way that is inconsistent with CourtTimes’ Privacy Policy or Terms of Service, or (iii) in any way that otherwise violates the privacy or other rights of CourtTimes’ users or any other third party; * use the Site for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies CourtTimes endorsement or otherwise misleads others as to your affiliation with CourtTimes; * dilute, tarnish or otherwise harm the CourtTimes brand in any way, including through unauthorized use of Content, registering and/or using CourtTimes or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to CourtTimes’ domains, trademarks, taglines, promotional campaigns or Content; * copy, store or otherwise access or use any information contained on the Site for purposes not expressly permitted by these Terms of Service; * infringe the intellectual property, privacy, publicity or contractual rights of CourtTimes or any other person or entity; * interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; * use the Site to transmit, distribute, post or submit any information concerning any other person or entity, personal contact information or credit, debit, calling card or account numbers; * use the Site in connection with the distribution of unsolicited commercial email or advertisements; * “stalk” or harass any other user of our Site or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Guest or Owner; * offer any Athletic Facility that you do not own or have permission to rent (without limiting the foregoing, Owners shall not list Athletic Facilities if serving in the capacity of a rental or listing agent for a third party); * offer any Athletic Facility that may not be rented pursuant to the terms and conditions of an agreement with a third party; * submit any Listing with false or misleading information, including price information, or with a price that you do not intend to honor; * post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; * register for more than one CourtTimes Account or register for a CourtTimes Account on behalf of an individual other than yourself; * unless CourtTimes expressly permits otherwise, request or book the use of any Court if you will not actually be using the Court yourself; * contact another Member for any purpose other than related to a booking, Athletic Facility or Listing; * recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to CourtTimes; * use the Site to find an Owner or Guest to complete a booking of an Athletic Facility independent of the Site or in order to circumvent the obligation to pay Service Fees; * otherwise violate these Terms of Service; * engage in disruptive, circumventive, abusive or harassing behavior in connection with the use of the Site; * systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods or otherwise; * use, display, mirror or frame the Site or any individual element within the Site, CourtTimes’s name, any CourtTimes trademark, service mark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Site; * access, tamper with or use non-public areas of the Site, CourtTimes’ computer systems, or the technical delivery systems of CourtTimes’ providers; * attempt to probe, scan or test the vulnerability of any CourtTimes system or network or breach any security or authentication measures; * avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CourtTimes or any of its providers or any other third party (including another user) to protect the Site; * forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information; * attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; * advocate, encourage or assist any third party in doing any of the foregoing; or * accept or make a payment for Athletic Facility Fees outside of CourtTimes. If you do so, you accept all risks and responsibility for such payment, are liable for all Services Fees associated therewith, and shall hold CourtTimes harmless from any liability for such payment. CourtTimes may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against CourtTimes or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of CourtTimes, its users or members of the public. CourtTimes has no obligation to monitor your access to or use of the Site or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms of Service, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as otherwise set forth in these Terms of Service. CourtTimes reserves the right, at any time and without prior notice, to remove or disable access to any Content that CourtTimes, in its sole and absolute discretion, considers to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Site. 12. Privacy. CourtTimes’ Privacy Policy (as updated from time to time) governs CourtTimes’ collection and use of your personal information. 13. Intellectual Property Ownership. The Site and Content are protected by copyright, trademark and other laws. All trademarks, service marks, logos, trade names, and any other proprietary designations used on or in connection with the Site are trademarks or registered trademarks of, and the exclusive property of, CourtTimes. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners. CourtTimes grants you a limited, non-exclusive, non-transferable license to access and view any Content solely for your personal and non-commercial purposes. 14. Member Content. CourtTimes may, in its sole and absolute discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, or through CourtTimes promotional campaigns, you hereby grant to CourtTimes a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote the Site. CourtTimes does not claim any ownership rights in any such Member Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content. Owners are solely responsible for all Member Content that they make available through the Site, and Owners represent and warrant that: (i) it is either the sole and exclusive owner of all such Member Content or has all rights, licenses, consents and releases that are necessary to grant to CourtTimes the rights in such Member Content, as contemplated under these Terms of Service; and (ii) neither the Member Content nor Owner’s posting, uploading, publication, submission or transmittal of the Member Content or CourtTimes’ use of the Member Content (or any portion thereof) on, through or by means of the Site or CourtTimes’ promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 15. Links. The Site may contain links to third-party websites or resources. CourtTimes is not responsible or liable for the availability or accuracy of such websites or resources or the content, products or services on or available from such websites or resources, and links to such websites or resources do not imply any endorsement by CourtTimes. Some portions of the Site implements Google Maps/Earth mapping services; your use of Google Maps/Earth is subject to Google’s terms of use. 16. Termination and Suspension. You may terminate this Agreement at any time by calling CourtTimes or by sending CourtTimes an email. If you cancel your CourtTimes Account as an Owner, any confirmed bookings will be automatically cancelled and your Guests will receive a full refund. If you cancel your CourtTimes Account as a Guest, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting the rights specified below, CourtTimes may terminate this Agreement for convenience, without cause, at any time by giving you ten days’ notice via email to your registered email address. CourtTimes may immediately and without notice terminate this Agreement, deactivate or delay Listings, cancel any pending or confirmed bookings, limit your use of or access to your CourtTimes Account and the Site, temporarily or permanently revoke any special status associated with your CourtTimes Account, or temporarily or permanently suspend your CourtTimes Account if (i) you have materially breached these Terms of Service or CourtTimes’ Policies, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the CourtTimes Account registration, the Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) CourtTimes believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, CourtTimes or third parties for fraud prevention, risk assessment, security or investigation purposes. If CourtTimes takes any of the measures described above we may (i) communicate to Guests or Owners that a pending or confirmed booking has been cancelled, (ii) refund the Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, or (iii) support the Guests in finding potential alternative Courts; Owners will not be entitled to compensation for confirmed bookings that were so cancelled. If your access to or use of the Site has been limited or your CourtTimes Account has been suspended or this Agreement has been terminated by CourtTimes, you may not register a new CourtTimes Account or attempt to access and use the Site through other CourtTimes Accounts. 17. DISCLAIMERS. IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COURTTIMES EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COURTTIMES MAKES NO WARRANTY THAT THE SITE, THE LISTINGS OR ANY COURT WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. COURTTIMES MAKES NO WARRANTY REGARDING ANY OWNER OR GUEST, THE QUALITY OF OR PHYSICAL OR OTHER CONDITION OF ANY COURT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY LISTINGS OR ANY CONTENT OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COURTTIMES OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR GUESTS. COURTTIMES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR TO REVIEW OR VISIT ANY COURTS. COURTTIMES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY COURTTIMES. COURTTIMES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY. COURTTIMES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, BUT MAY CONDUCT SUCH CHECKS IN ITS SOLE AND ABSOLUTE DISCRETION. IF COURTTIMES CHOOSES TO CONDUCT SUCH CHECKS, COURTTIMES DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. 18. Limitation of Liability. You assume, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, your listing or booking of any Courts through the Site, and any contact you have with other users of CourtTimes, whether in person or online. Neither CourtTimes nor any other party involved in creating, producing or delivering the Site shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Service, from the use of or inability to use the Site, from any communications, interactions or meetings with other users of the Site or services or other persons with whom you communicate or interact as a result of your use of the Site, or from your listing, booking or use of any Court through the Site, whether based on warranty, contract, tort, product liability or any other legal theory, and whether or not CourtTimes has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. Except for our obligations to pay amounts to Owners pursuant to these Terms of Service, in no event will CourtTimes’ aggregate liability arising out of or in connection with your use of the Site including, but not limited to, from your Listing or booking of any Court through the Site, or from the use of or inability to use the Site and in connection with any Court or interactions with any other Members, exceed the amounts you have paid or owe for bookings through the Site as a guest in the 3-month period prior to the event giving rise to the liability or, if you are an Owner, the amounts paid by CourtTimes to you in the 3-month period prior to the event giving rise to the liability, or $100 if no such payments have been made, as applicable. The limitations on damages set forth above are fundamental elements of the basis of the bargain between you and CourtTimes. 19. Indemnification. You agree to defend, indemnify and hold CourtTimes and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, attorneys and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or your violation of these Terms of Service; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Court, or (iii) creation of a Listing; and (d) the use, condition or rental of a Court, including but not limited to any injuries, claims, losses or damages of any kind arising in connection with or as a result of a rental, booking or use of a Court. 20. Entire Agreement. Except as they may be supplemented by additional CourtTimes policies, guidelines, standards or terms for a specific product, feature, service or offering, these Terms of Service constitute the entire and exclusive understanding and agreement between CourtTimes and you regarding the Site and any bookings or Listings made via the Site, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements. 21. Assignment. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without CourtTimes’ prior written consent, and any attempt to assign or transfer these Terms of Service, without such consent, will be null and of no effect. CourtTimes may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. 22. Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by CourtTimes (i) by email (to the address that you provide) or (ii) by posting to the Site, and by you by email to CourtTimes’ address listed on the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 23. Controlling Law and Jurisdiction. These Terms of Service and your use of the Services will be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to conflict-of-law provisions. Each party agrees to submit to the personal jurisdiction of a state court or U.S. District Court located in Maricopa County, Arizona, for any actions for which the parties retain the right to seek injunctive or other equitable relief, as set forth in the Dispute Resolution provision below. 24. Dispute Resolution. Each party agrees that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site (collectively, “Disputes”) will be settled by binding arbitration; provided, however, that CourtTimes 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 its copyrights, trademarks, trade secrets, patents or other intellectual property rights. Each party hereby waives the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action or any other representative proceeding; further, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If preceding sentence is held to be unenforceable, then the entirety of this “Dispute Resolution” section shall be deemed void; otherwise this “Dispute Resolution” section will survive any termination of the Terms of Service. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules then in effect (the “AAA Rules”), except as modified by this “Dispute Resolution” section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator shall be either a retired judge or an attorney licensed to practice law in the state of Arizona and shall be selected by the parties from the AAA roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten days of delivery of the Demand for Arbitration, then the AAA shall appoint the arbitrator in accordance with the AAA Rules. The arbitration shall be conducted in Maricopa County, Arizona. If the claim is less than $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator shall render an award within the time frame specified in the AAA Rules. The arbitrator’s decision shall include the essential findings and conclusions upon which the arbitrator based the award and must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary contained herein, if CourtTimes changes this “Dispute Resolution” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending written notice within thirty days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of CourtTimes’ email to you notifying you of such change. 25. General. The failure of CourtTimes to enforce any right or provision of these Terms of Service shall not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly-authorized representative of CourtTimes. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect. These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

 / 

Sign in

Send Message

My favorites