The following terms and conditions ("Terms of Service" or these “Terms”) are a legal agreement between you and HERD, an Emotions Software Development technology (“HERD”), and govern your access to, and use of, the GETHERDNOW.COM website (the "Website"), you downloading or installing the HERD mobile application (the “App”), and your use of any of the services offered by HERD (collectively with the Website and the App, the “Services”).
By clicking on the "I Agree" checkbox, downloading the App, or by accessing, browsing, or otherwise using the Website, you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you have the authority to enter into these Terms personally or on behalf of the third party you have named as the user. The term “you” refers to the individual, team, club, league, or legal entity identified as the user when you registered for the Services. If you do not agree to these Terms or any changes, do not access or otherwise continue to use this Services.
These Terms of Service include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.
These Terms of Service limit the remedies that may be available to you in the event of a dispute.
In order to access certain features of the Services you may be required to register for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify HERD immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or HERD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HERD has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. HERD reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by HERD, or if you have been previously banned from use of any of the Service.
The HERD Services provide a digital platform to manage and organize sports organizations and teams. The Services may be used by sports organizations or tournament organizers (each an “Organization”).
The HERD Services provide a digital platform to manage and organize sports organizations and teams. The Services may be used by sports organizations or tournament organizers (each an “Organization”), team coaches and managers (each a “Team”), sports participants themselves (each a “Player”), or other members of a Player’s household (each a “Household Member”).
Players refers to sports participants that are either participants over the age of 13, or the parent or legal guardian of a youth sports participant who is under the age of 13. The Services may be offered by HERD itself, or through one or more of the Organizations or Teams who offer a branded version of the Services (an “Organization Site”) to their Players. Organizations’ and Teams’ use of the Services may be subject to supplemental terms agreed to directly with HERD that alter these Terms. Players’ and Household Members’ use of the Services may be subject to terms and/or policies of the third-party Organization or Club through whom the Services are made available. HERD is not responsible for the practices of Organizations or Teams that HERD does not own or control. If you are a Player or Household Member with questions regarding any of the additional polices or agreements contained on an Organization Site, please contact the related Organization or Team directly.
Some elements of the Services may be offered by HERD for a fee. The fees for such Services are posted on the Website and/or the App Stores. Unless otherwise agreed in writing, fees are subject to change without notice. You agree to pay HERD in advance the applicable fees for the Services provided by HERD under these Terms. If you elect to pay applicable fees with a credit card, HERD will bill your credit card for all fees and you hereby authorize HERD to charge your credit card or to charge any form of payment you have obtained to replace your credit card.
You will provide HERD with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, HERD reserves the right to terminate your use of the Services in addition to seeking any other legal remedies. HERD is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by HERD. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Website. HERD’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on HERD’s income.
By purchasing any Services that are sold as an ongoing subscription (each a “Subscription”), you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of the automatic renewal of your Subscription and you acknowledge that your Subscription will be automatically extended for successive periods.
To cancel the automatic renewal of your Subscription at any time, you must do the following: Log into your account and under profile select “cancel subscription”.
Your renewal date will be the anniversary of your sign-up date after your initial term ends. For example, if you bought a three-month HERD Subscription on November 7th, your Subscription would renew for the same term on February 7th.
Another three months on February 7th. If you have a renewal anniversary date on the 30th or 31st of the month, your renewal date will be moved to accommodate months that do not have those dates. For example, if your Subscription was started on January 31st and had a one-month term, it will renew on February 28th (or 29th if it is a Leap Year), and thereafter your renewal date will be the 28th of each subsequent month.
If you cancel the automatic renewal of your Subscription, you may use your Subscription until the end of your then-current Subscription term. HERD may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement. If you cancel the automatic renewal of your Subscription you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period.
If HERD does not receive payment for a renewal prior to the date of renewal, HERD may, in its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorize HERD to do so, and (iii) terminate or suspend your Subscription.
You agree that you will only use the Services and any content you access through the Services for your own internal, personal, non-commercial use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including HERD’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that HERD owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
Certain features of the Services may allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content.
If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize HERD to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute authorized Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. The Services may contain links or connections to third-party websites or services that are not owned or controlled by HERD. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that HERD is not responsible for such risks.
HERD has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, HERD will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Unless otherwise clearly stated, HERD payment processing services (the “Payments Services”) are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to utilize HERD for payment processing services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
As a condition of HERD enabling payment processing services through Stripe, you agree to provide HERD accurate and complete information about you and your business, and you authorize HERD to share with Stripe, or such other payment processing service provider, such information and transaction information related to your use of the payment processing services provided by Stripe. We may suspend or terminate your use of the Payment Services at any time for any reason.
You are independently responsible for complying with all applicable by-laws, rules, regulations, policies and guidelines (“Operating Rules”) of the Card Brands (defined as Visa, MasterCard, American Express or Discover Network), the standards set forth by the Payment Card Industry (“PCI”) Security Standards.