TERMS AND CONDITIONS

(Updated February 19, 2020)

A. INTRODUCTION AND ACCEPTANCE

RugbyVault collectively, “RugbyVault”, “Website”, “we”, “us”, “our”).  The term “RugbyVault” (and/or "Website") includes all websites, software, memberships and other RugbyVault services, material, information, web pages within the Website, and any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with RugbyVault and its affiliates. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, PURCHASING A MEMBERSHIP OR CREATING AN ACCOUNT. BY ACCESSING AND/OR USING THE WEBSITE OR RugbyVault SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE.  WE MAY MAKE CHANGES FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE WEBSITE AFTER THEY BECOME EFFECTIVE IT WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THESE TERMS OF USE REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. WE WILL NOTIFY YOU THROUGH THE WEBSITE, OR BY PRESENTING YOU WITH A NEW TERMS OF SERVICE TO ACCEPT IF WE MAKE A MODIFICATION THAT MATERIALLY CHANGES YOUR RIGHTS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ATTEMPT TO ACCESS OR USE RugbyVault, THE WEBSITE, PURCHASE A MEMBERSHIP OR CREATE AN ACCOUNT.

You agree that these Terms of Use are supported with good and valuable consideration the receipt of which you hereby acknowledge which includes without limitation your use of RugbyVault, the Website and the materials and information available on the same as well as the possibility of publication or publicity of your User Content, as "User Content" is defined below.

In addition to these Terms of Use, we have a Privacy Policy to explain how we collect and use information about you and your use of RugbyVault. A copy of this Privacy Policy can be reviewed on the RUGBY VAULT website and is incorporated by reference into these Terms of Use. By attempting to access or use RugbyVault or the Website you are also signifying your acknowledgement and agreement to our Privacy Policy.

By accessing the RugbyVault Web Site, you are indicating that (a) you are at least eighteen (18) years old and have the legal authority to accept the Terms of Use, or (b) you are a parent/guardian of a minor ("Minor User") on whose behalf you agree to these Terms of Use and grant permission for such Minor User to use and view this Site and its Content and Services (as defined below). 

Minor Users are not authorized to use the Site, Content, or Services without the permission of their parent or guardian. Minor Users between the ages of fourteen and eighteen (14-18) years are required to provide the name and contact information of a parent or guardian. RugbyVault reserves the right to make all or portions of the Site, Content, or Services unavailable to Minor Users.

The Website is only made available to users 14 years of age or older and who are not barred from receiving services under applicable law.  If you are under 18 you may use RugbyVault only with the involvement of a parent or guardian. If you are under the age of 14 you are not permitted to register as a subscriber or otherwise submit personal information.  If you are 14 years old or older, AND DO NOT HAVE INVOLVEMENT OF A PARENT OR GUARDIAN, or are under the age of 14, please discontinue using RugbyVault and/or the Website immediately, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using RugbyVault and/or the Website immediately. By using or attempting to use RugbyVault or the Website, you certify that you are at least 18 years of age and meet any other eligibility requirements of RugbyVault or the Website.

FITNESS & NUITRITION DISCLAIMER

 

The purpose of this DISCLAIMER AND NOTICE is to make you conscious of the potential risks connected with activity in any exercise, physical fitness, training  and/or nutrition program and to help you make an informed decision as to whether you should participate in these types of activities.

 

DISCLAIMER OF LIABILITY

 

Rugby Vault is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury.

 

CONSULT YOUR DOCTOR BEFORE USING RugbyVault.  RugbyVault is not intended to diagnose, treat, cure or prevent disease.  If you have a medical condition, consult your doctor before using RugbyVault, engaging in an exercise program or changing your diet. We are not responsible for any health problems or injuries that may result from training programs, consultations, products, information, or events you learn about through or by using RugbyVault.  If you engage in any exercise or nutrition program you receive or learn about through RugbyVault, you agree that you are doing so at your own risk and are voluntarily participating in these activities.

 

If you experience a medical emergency, stop using RugbyVault and consult with a medical professional.  Use of RugbyVault should not replace common sense or good judgement.  Please read and comply with all safety notices within RugbyVault.

 

Rugby Vault is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury.

 

Rugby Vault content, information, and training manuals offered and made available are for informational purposes only.

 

RUGBY VAULT DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGE SUFFERED BY ANY PERSON AS A RESULT OF THE USE OR MISUSE OF ANY INFORMATION OR TRAINING MANUALS MADE AVAILABLE BY RUGBY VAULT.

 

In consideration of performing or participating in the activities offered by Rugby Vault, you hereby agree to indemnify and hold harmless RUGBY VAULT, its officers, directors, shareholders, members, employees, and agents, and their respective successors and assigns, against any loss, liability, damage, cause of action, cost, or expense of any nature whatsoever, including without limitation reasonable attorneys’ fees and other legal costs.

B. INTELLECTUAL PROPERTY

RugbyVault included content (and any derivative works or enhancements of the same) including, but not limited to, all data, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are additionally owned by us, our affiliates, or both. All trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our affiliates, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in RugbyVault, the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

C. WEBSITE ACCESS AND USE

RugbyVault will be hosted on one or more servers either owned or licensed by RugbyVault and will be accessible by Users over the Internet.  If you are accessing the RugbyVault Services from outside the Great Britain, please be advised that British law may not offer the same privacy protections as the law of your jurisdiction. By using RugbyVault and by submitting Your Data, you agree to this transfer, storing and/or processing.

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only.  You agree to comply with all applicable Laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Additionally, you may not except as expressly permitted in these Terms of Use:

  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;

  • circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;

  • use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

  • forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

  • collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;

  • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

  • attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

  • decompile, reverse engineer, or disassemble any portion of any the Website;

  • use network-monitoring software to determine architecture of or extract usage data from the Website;

  • encourage conduct that violates any law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as "Membership" is defined below without permission, etc.);

  • affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;

  • engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

  • Access or tamper with non-public areas of RugbyVault, RugbyVault Computer Systems, or technical delivery systems of RugbyVault.

Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

D. USER REGISTRATION

In order to access or use RugbyVault, you must become a registered subscriber. If you are under 18 you may use RugbyVault only with the involvement of a parent or guardian. If you are under the age of 14 you are not permitted to register as a subscriber or otherwise submit personal information.

If you become a registered subscriber, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at mail@RugbyVault.com  of any breach of security or unauthorized use of your Membership. RugbyVault is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of RugbyVault.  This communication is part of RugbyVault and you may not opt out from receiving them. You can keep your email address current in your account profile.

Full use of RugbyVault is dependent on your use of a computer with adequate software or a supported mobile device and Internet access.  Maintenance and security of this equipment may influence the performance of RugbyVault and is your responsibility to ensure equipment functionality.

 

Fees, Payments, Free Trial Terms and Taxes:

Organisation membership includes a monthly or annual subscription auto renewing subscription.  You will be charged the stated amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period. 

You are agreeing that on expiry of the initial subscription period your subscription will automatically renew for successive periods. You agree to automatic recurring billing and agree to pay the charges made to your account. You will be billed at the applicable subscription price plus any applicable taxes. We will process payments on the same billing cycle as your current subscription.  Your subscription and monthly billing of your account will continue indefinitely until cancelled by you.  If you provide a payment method and our charge results in an overdraft, charge back or other bank fee you alone are responsible for that fee.

Payments are accepted through STRIPE by selecting pay by credit card in accordance with the payment methods section. Payment will be debited from your account upon check out.  Annual membership subscription will be debited in full at time of checkout.  The name appearing on your credit card payment will be RugbyVault.

The fees for access and use of RugbyVault are those fees that You agreed to pay per subscription during the subscription process ("Fees "). The Fees will be billed to Your credit card that You provided during the registration process as a one time fee, or on the renewal date every month or on an annual basis, as selected by User. User hereby authorizes RugbyVault (or its designee) to charge the applicable Fees to Your credit card on a recurring basis. User is responsible for all sales, excise, VAT and all other taxes associated with User of the Service. User will not receive a renewal notice. RugbyVault may increase the Fees (and bill Your credit card for such increased Fees) from time to time upon thirty (30) days prior notice to User. Any Fee increases will become effective on the next month or annual renewal, as applicable, so long as User does not opt to terminate the subscription.

IN THE EVENT YOU DO NOT UTILIZE THE SUBSCRIPTION OR ACCESS THE APPLICATION YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL WE RECEIVE YOUR CANCELLATION OR YOUR SUBSCRIPTION IS OTHERWISE TERMINATED.

Cancellation.

Cooling off period – You may cancel your membership within the first 30 days of joining.  This is called the cooling off period.  If you choose to cancel your membership within these 30 days, we will not charge you a fee.  To cancel your membership during the cooling off period, please go the account section on the home dashboard, select payment information and cancel your subscription.    If you do not receive a reply within 24 hours this means RugbyVault has not received your cancellation request so Please resubmit your request.

 

Cancellation after cooling off period -. You may cancel your membership after the cooling off period however we will not cancel your membership before your membership commitment period.  The minimum commitment date is the minimum amount of time that you are committing to be a member. 

After the commitment date expiry, you must follow the cancellation process. Monthly subscriptions require one full calendar months’ notice.  Annual (12 months) memberships are rolling memberships and can only be cancelled after the commitment date.

If RugbyVault received your notice by the first day of the month, your membership will end on the last day of the following month.  This means we will take one more payment before cancelling your membership.  For example, if we receive your notice on May 10, it will take effect from June 30.  If you are within your commitment period, we will cancel your membership from the 1st day of the month after the commitment period finished as long as it is one full calendar month in advance.

Refunds will only be issued to memberships cancelled during the cooling off period.

We may require satisfactory proof of your entitlement to cancel your membership including but not limited to a copy of the email you sent to confirm cancellation, or auto-reply provided by RugbyVault. 

E. USER CONTENT

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, affirm and agree that you will not submit any User Content that:

  • violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

  • affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;

  • impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;

  • encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

  • is an advertisement for goods or services or a solicitation of funds;

  • includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

  • contains a formula, instruction, or advice that could cause harm or injury; or

  • results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing."

 

AND that you will comply with the following community guidelines:

 

You may not agree with someone else’s posted content. This does not mean they are wrong or deserve to be insulted or belittled.  Please give the same courtesy and respect you would expect in return.

 

Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

By submitting User Content to us, with such posting you automatically grant, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content in whole or in part as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

By submitting User Content, you also grant us the right, but not the obligation to use your biometric data, biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

F.  FEEDBACK AND WRITTEN OR ELECTRONIC COMMUNICATION

When you utilize RugbyVault to send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website.  If you submit comments, ideas or feedback to us, you agree to allow us to use them without restriction or any compensation to you.  We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by RugbyVault or obtained from other sources.

G.  RugbyVault CONTENT

“RugbyVault Content” includes any text, graphics, images, music, software, video, audio, works of authorship of any kind, and information or other materials that are posted, generated, provided, advertised or otherwise made available through RugbyVault to you.  Except for YOUR Content, RugbyVault Content, Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws around the world.

We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying RugbyVault.

The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

H. THIRD PARTY SERVICES (INCLUDING ADVERTISING)

In many instances, Website Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release RugbyVault, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties including third party advertisers, sponsors, or promotional partners as a result of your use of RugbyVault.

You acknowledge that any such communication, interaction and participation is strictly and solely between you and Third Parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Third Party or any goods or services you may purchase or obtain from any Third Party including Advertising. You acknowledge that these Terms and RugbyVault Privacy Policy do not apply to any Third Party Services, Products or Advertising and you are responsible for reading and understanding the terms and conditions and Privacy Policy that applies to your use of any Third Party Service, Products or Advertising.

I. E-COMMERCE

All prices and charges on the Website are shown in GB Pounds (British Pounds Sterling). We are not responsible for any importation taxes, sales taxes or charges that may be levied at the purchasers place of residence.  Sales can be concluded in English only and no public filing requirements apply.

All features, content, specifications, membership products and prices of same as described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, however, in relation to colour the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any service (or item) purchased from RugbyVault. By purchasing a membership (or placing an order), you represent that the services (and/or products) ordered will be used only in a lawful manner. All services and electronic media and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

If a product order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. Any purchases from this Website are or will be made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up-to-dateness of any information on the Website. For example, services or products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice.

We make every effort to ensure the accuracy of the price on our web site. When errors are discovered, we will correct them. Be advised that we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover a pricing error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded back the full amount of your order. You will be notified via email if your order has been canceled and be given the opportunity to place the order at the correct price. Please note that individual bank policies vary when the amount is credited back to your account. Prices and availability are subject to change without prior notice.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH RugbyVault ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM 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 WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM 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.

 

J. ALERTS, NOTIFICATIONS, WIRELESS MARKETING SERVICES & PROMOTIONAL OPPORTUNITIES

As part of your use of RugbyVault, you may receive notifications, texts messages, alerts or emails.  You agree to receipt of these communications.  You can control receipt of non-service related communications from your account profile.  You are responsible for any messaging or data fees you may be charged by your wireless carrier. We may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from us, either by registering on RugbyVault Website or via their wireless device. Such services and promotional opportunities are provided by the Advertisers or other third parties. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to these Terms of Use and, including without limitation, the Privacy Policy.

For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

Users that register for wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from us. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

K. CONTESTS, SWEEPSTAKES, AND PROMOTIONS

From time to time, we, or our service providers, suppliers, Advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

L. INDEMNIFICATION

You agree to indemnify and hold harmless RugbyVault, the Website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, disputes, demands, liabilities, losses, damages, obligations, costs and expenses without limitation, reasonable attorneys' fees and costs arising out of, related to, or that may arise in connection with: (i) your access to or use of RugbyVault, the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.  We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

M. DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. RugbyVault, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, RugbyVault, THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (A) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (F) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

N. LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL RugbyVault, US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, OR ANY OTHER PARTY INVOLVED IN CREATING PRODUCING OR DELIVERING ANY PART OF RugbyVault OR THE WEBSITE, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH RugbyVault, THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH RugbyVault INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, IS TO STOP USING RugbyVault AND THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH RugbyVault, ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH RugbyVault, THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF RugbyVault, THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL AMOUNT RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES OR $100. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RugbyVault AS APPLICABLE.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH RugbyVault, ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

O. TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.

P. COPYRIGHT POLICY

RugbyVault respects copyright law and expects its users to do the same. RugbyVault content is protected by International Copyright, Database and Author Right Law.

RugbyVault will without prior notice terminate membership holders who infringe the rights of copyright holders.  If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please provide us with the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information specified above must be sent to RugbyVault by email.  The RugbyVault email contact information for this type of infringement is as follows:  mail@RugbyVault.com.

Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

Q. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of Great Britain without regard to conflict of laws rules and expressly excludes the application of the United Nations Convention of Contracts for the International Sale of Goods.  Any legal proceedings against RugbyVault, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our website or these Terms of Use shall be brought exclusively to Great Britain; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Great Britain.

R. DISPUTE RESOLUTION

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against RugbyVault, you agree to try to resolve the Dispute informally by contacting mail@RugbyVault.com.  We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or RugbyVault may bring a formal proceeding.

 

We Both Agree to Arbitrate: You and RugbyVault agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting mail@RugbyVault.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

 

Arbitration Procedures: The arbitration will be held in Great Britain and will adhere to the laws of Great Britain

RugbyVault will pay all arbitration fees for claims less than $2000.00. RugbyVault will seek its attorneys' fees and costs in arbitration should the arbitrator determine that your claim is frivolous.

No Class Actions: You may only resolve Disputes with RugbyVault on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and RugbyVault agree that any judicial proceeding (other than small claims actions) will be brought in Great Britain. Both you and RugbyVault consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial in any Lawsuit, Arbitration or other Proceeding to the extent allowed by Law.

S. AMENDMENTS AND/OR ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.

T. GENERAL TERMS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

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