TERMS AND CONDITIONS

The site http://www.sklz.com (the "Site") is owned and operated by PRO PERFORMANCE SPORTS, LLC, a California limited liability company d/b/a SKLZ (“SKLZ”, “we”, or “us”).

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. NOTE THAT, IF YOU ARE A MINOR (IN MOST STATES, UNDER THE AGE OF 18), YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS OF USE BEFORE YOU USE THE SITE. A MINOR SHOULD ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE. YOUR USE OF THE SITE CONFIRMS YOUR (OR, IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN’S) ACCEPTANCE OF THESE TERMS OF USE.

As used in these Terms of Use, references to our "Affiliates" include our parent companies, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, vendors, successors and assigns and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

Minors.

The Site is a general purpose website and is not targeted towards children under 13. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

Modifications.

We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. We reserve the right to change, suspend or discontinue all or any aspects of this Site at any time, with or without notice. We shall not be liable to you or any third party should we exercise this right. Changes we may make to this Site include, but are not limited to, changes in pricing of services and products offered or advertised on this Site. Any new features added to this Site shall also be subject to these Terms of Use. There may be instances when this Site contains inaccurate or incomplete data despite our efforts to ensure that the information on this Site is accurate, complete and current. We reserve the right to correct errors and/or update the content of this Site at any time without notice. Prices, availability of products and services and anticipated ship dates are subject to change without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If we cancel your order due to an inaccuracy after your payment has been processed, we will issue a full refund to the original pay type.

Intellectual Property.

Certain trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including SKLZ and our Affiliates. Nothing contained on this site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, registered trademarks, trade names, service marks or logos displayed on this site without the written permission of SKLZ or the respective owner of the intellectual property at issue.

User Content.

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. You understand that we may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your user content ("Idea"), that we may already know of such Idea from other sources, and that we may simply wish to develop such Idea or a similar idea on our own. You agree that we have no obligations to use, return, review, or respond to any user content. You acknowledge that we will have no liability related to the content of any user, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You understand we may, but are not obligated to, monitor or review any user content. We retain the right to remove any or all user content for any or no reason, including user content that, in our sole discretion, violates these Terms of Use, is offensive or illegal or may harm, violate the rights of or threaten the safety of any user or any other individual or entity.

By using the Site, you agree that you will not:

(1) create or maintain any link from another Web site to any page on the Site without our prior written permission; (2) run or display the Site or any material displayed on the Site in frames or through similar means on another Web Site without our prior written permission; (3) modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose; (4) use any robot, spider, site search application or other device to retrieve or index any portion of the Site; (5) collect any information about other users, including usernames and email addresses; (6) create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with the other users' enjoyment of the Site; (7) transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site; (8) take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site; (9) submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or (10) use the Site or any user content to violate any applicable local, state, federal or international law.

Links to Third Party Websites.

This Site may link you to other sites on the Internet or otherwise include references to products, services, documents or information provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or our Affiliates, or any warranty of any kind, either express or implied.

Disclaimer. YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SKLZ, NOR ANY OF OUR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER SKLZ, NOR ANY OF OUR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SKLZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKLZ HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability.

Except where this limitation of liability is prohibited by law, neither we nor our Affiliates shall be liable for any direct, indirect, special or consequential damages that result from your use of or inability to use this Site, including but not limited to reliance by you on any information obtained from this Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. This limitation on liability shall apply to all content, products and services available through this Site.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Indemnification.

You agree to indemnify and hold us and our Affiliates harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to: (i) your access to and use of the Site; (ii) any user content posted, uploaded or transmitted by you; (iii) your use or distribution of any user content; (iv) your violation of these Terms of Use; or (v) the infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.

Termination.

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and bar any further access to such account or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms of Use shall survive any termination. You remain liable for any orders that you place or charges that you incur prior to termination.

Entire Agreement/Governing Law/Jurisdiction.

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. By accessing this Site you agree that these Terms of Use shall be construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions thereof. You further agree that any dispute arising under these Terms of Use shall be resolved exclusively by the state courts of the State of California, County of San Diego, or the federal courts of the Southern District of California.

Force Majeure.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Additional Assistance.

If you have any difficulties in using this Site or if you have any questions about these Terms of Use, please call 877-225-7275 or contact us by using the Contact Us link below.