Stipend LLC Terms and Conditions
Last Updated: October 26, 2021
IMPORTANT SAFETY WARNING. Stipend’s services may involve real-world athletic activities (“Activities”), which bring with them inherent risks, dangers, and hazards. These include, but are not limited to: environmental conditions ( weather, terrain, natural and man-made objects and structures), equipment malfunction or failure, and risks that arise from exceeding your own abilities. You understand that injuries of all types are a common and ordinary occurrence relating to these Activities. With this in mind, (i) you accept the risk of severe injury and even death exists in all Activities, (ii) you agree and understand that neither Stipend, nor other users, nor Athletes, can or will guarantee your safety, (iii) you agree to use common sense and sound judgment in connection with any Activities you participate in, and (iv) if your behavior is negligent or reckless or causes injury, we or the other party/parties may have grounds for legal recourse against you.
By creating an account on our Site, you agree to provide accurate, current, true, and complete information. You agree not to create a profile on the Site using a false identity, not to provide any false information, or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Member profile information, including your username and password. You are responsible for all Activities that occur on or in connection with your Site profile and you agree to notify us immediately of any unauthorized access or use of your Site profile. You acknowledge and agree that we are not liable or responsible for any losses, damages, expenses, costs, or liabilities related to any unauthorized access to, or use of, your Site profile. You acknowledge that Stipend may send you SMS text messages, as well as phone calls, directly related to your bookings and experiences on certain occasions. You understand that Stipend will take a 18% fee from all payments to Athletes, as well as a 5% service fee added to all purchases from the User.
When you agree to these Terms you are agreeing (with limited exception) to resolve any dispute between you and Stipend through binding, individual arbitration rather than in court. Please carefully review section 17 “Dispute Resolution” below for details regarding arbitration.
1. Agreement to Terms. By using our services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the services.
By using our Site, Athletes agree that they are responsible for ensuring they are in compliance with school and NCAA rules and guidelines. Athletes are responsible for disclosing necessary reports to their respective institutions. Stipend will provide information for reporting. Stipend is not responsible in any way for compliance and reporting, but may be available to assist if needed at email@example.com.
Stipend is not responsible for location selection. The Athlete is solely responsible for ensuring any activity they engage in is compliant with any usage rules or permissions from the public or private owner of the chosen venue.
3. Changes to these Terms and Conditions. We will update the Terms from time-to-time at our sole discretion. If we do, we will let you know by posting the updated Terms on the Site, and may also send other communications. It’s important for you to review the Terms whenever they are updated or whenever you use the services. If you continue to use the services after we have posted updated Terms, you acknowledge that you accept and agree to all of the changes. If you do not agree to be bound by the changes, you may not use the services anymore, and should disable or delete your account. Because our services are changing and evolving over time, wemay change or discontinue all or any part of the services, at any time and without notice, at Stipend’s sole discretion.
4. Who May Use the Services?
- (a) Age: You must be at least 18 years old to create a profile on Stipend’s Site. If you are under 18 years of age, you must have a parent or guardian create a profile and book an experience on your behalf.
- (b) Eligibility Representations and Warranties: You represent and warrant that:
- (i) You will comply with all applicable Terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
- (ii) You have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation
- (iii) You (and any Member profile that you created or control) have not been previously banned or removed from our Site for any reason;
- (iv) You have not been arrested for, accused, or convicted of stalking or harassing any Stipend Athlete or any other person, and you are not subject to any restraining order by any other person; and
- (v) You are not a convicted sex offender.
5. Feedback. We really appreciate feedback, ideas, comments, proposals and suggestions for improvements to Stipend, its Site, and services (“Feedback”). If you submit Feedback, you agree that Stipend is free to use it without any restriction or compensation to you.
6. User Payments. Stipend requires monetary payment for the use of the services (or certain portions thereof) by Users, and Users agree to pay such fees.
(a) General: You expressly authorize Stipend (or our third-party payment processor) to charge you for such transaction(s). We may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. By initiating a transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. When you initiate a transaction, you authorize us to provide your Payment Information to third parties so Stipend can complete your transaction (plus any applicable taxes and other charges). You may need to provide additional information, like driver’s license, to verify your identity before completing your transaction, as well as the information defined as Payment Information. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Cancelling One-Time Payment: You may cancel a transaction for a full refund outside of the 24 hours prior to the start of the experience. After that, your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your one-time payment any time. We reserve the right to cancel your transaction for any reason; if we cancel your transaction we’ll refund any payment you have already remitted to us for such transaction.
(c) Inclement Weather: In the event of expected inclement weather that will conflict with an in-person experience, if it is more than 24 hours in advance of the experience, please contact the other party through the in-site communication and discuss if there are any alternate locations or options. If it is within 24 hours of the experience and you wish to cancel or reschedule due to expected inclement weather, please contact Stipend at (855) 778-4736. Any cancellation request within an hour of the experience may not be honored and could be treated as a no show without a refund.
7. Athlete Payments. You agree to register with the third party payment provider selected by Stipend, which we may change at our sole discretion. You may not use a payment provider other than those selected by Stipend. You will provide the payment providers any information required in order to receive payments via the payment provider, e.g., information about the bank account that you own at a regulated financial institution. Any payments due to you from Stipend will be made via a payment provider. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. Stipend will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that Stipend does not operate, own, or control the payment provider, and your use of any payment provider is subject to the Terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure event, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment.
Stipend will be responsible for transaction fees associated with payment providers. Unless otherwise agreed by Stipend in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if Stipend, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
7. Your Content.
(a) Member Content: Our services may allow you to store or share content such as audio, video, text (via posts or communications with others), files, documents, and images. Anything that you post or submit to Stipend, or make available through the services is referred to as “Member Content”. Stipend does not claim any ownership rights in any Member Content. Athletes and Users maintain ownership rights to their Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to your Member Content.
(b) Permissions to Your Member Content: By making any Member Content available through the site or the services you hereby grant to Stipend a transferrable, non-exclusive, worldwide, irrevocable, perpetual, royalty-free license, with the right to sublicense through multiple tiers, to copy, use, modify, create derivative works based upon, distribute, publicly display, and publicly perform your Member Content in connection with operating and providing the services, including, but not limited to advertising and promoting the services.
(c) Your Responsibility for Member Content: You are solely responsible for all your Member Content. You represent and warrant that you have,and will have, all rights that are necessary to grant us the license rights with respect to your Member Content under these Terms. You also represent and warrant that you have secured all permissions and consents from any individuals or parties who appear in your Member Content. You represent and warrant that neither your Member Content, nor your use and provision of your Member Content to be made available through the services, nor any use of your Member Content by Stipend on or through the services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In addition, Athlete’s agree to comply with any additional Terms presented to them in connection with their submission and making of Athlete’s Member Content via the Services. This includes, but is not limited to, time limits in accordance with which certain Member Content must be made available to Users and compliance with all applicable safety standards.
(d) Removal of Member Content: You can remove your Member Content by specifically deleting it. Although, you should know that in certain instances, some of your Member Content (such as comments and posts you make) may not be completely removed. Copies of your Member Content may continue to exist on the Site. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Member Content.
(e) Stipend’s Intellectual Property: We may make available through the services content that is subject to intellectual property rights. We retain all rights to that content.
(f) Stipend has the right to edit, delete, enhance, or correct content in your profile at any time and at the sole discretion of Stipend.
8. Rights and Terms.
If you comply with these Terms, Stipend grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Site on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Site solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Site; (ii) distribute, transfer, sublicense, lease, lend or rent the Site to any third party; (iii) reverse engineer, decompile or disassemble the Site (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Site available to multiple Users through any means.
9. Termination. We may suspend or terminate your access to and use of the services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the services or your account, the following Sections will survive: 6(a), 6(b) (only for payments due and owing to Stipend prior to the termination), 7, 8, 10, 12, 13, 14, 15, 16, 17 and 18.
10. General Prohibitions and Stipend’s Enforcement Rights.
You agree not to do any of the following:
(a) Upload, publish, post, submit or transmit any Member 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 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 person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Access, tamper with, or use non-public areas of the services, Stipend’s computer systems, or the technical delivery systems of Stipend’s providers;
(c) Use, display, mirror or frame the services or any individual element within the services, Stipend’s name, any Stipend trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Stipend’s express written consent;
(d) Bypass, remove, avoid, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Stipend or any of Stipend’s providers or any other third party (including another User) to protect the services;
(e) Attempt to probe, scan or test the vulnerability of any Stipend system or network or breach any security or authentication measures;
(f) Attempt to search or access the services or download content from the services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Stipend or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, email, junk mail, promotional materials, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Stipend trademark, logo URL or product name without Stipend’s express written consent;
(i) Use of any portion of the services, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Attempt to interfere with, or interfere with, the access of any User, network or host, including, without limitation, sending a virus, overloading, spamming, flooding, or mail-bombing the services;
(k) Collect or store any personally identifiable information from the services from other Users of the services without their express permission;
(l) Violate any applicable law or regulation; or
(m) Misrepresent or Impersonate your affiliation with any person or entity; or
(n) Encourage or enable any other individual to do any of the preceding Terms.
Stipend is not obligated to monitor access to, or use of the services, or to review or edit any content. However, we have the right to do so for the purpose of operating the services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Member Content, or any other content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.
11. Copyright Policy. Stipend respects copyright law and expects its Members to do the same. It is Stipend’s policy to terminate, in appropriate circumstances, account holders who repeatedly infringe, or are believed to be repeatedly infringing, the rights of copyright holders. Please see Stipend’s Copyright Policy below for further information.
Digital Millennium Copyright Act Notice: If you believe that materials on our Site infringe your copyright, please send the following information to the Copyright Agent below:
(a) Your address, telephone number, and email address
(b) Description of the work that you claim is being infringed
(c) Description of the material that you claim is infringing and are requesting be removed, along
with information about where it is located
(d) A statement that you have “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.”
(e) An electronic or physical signature of the copyright owner, or a person authorized to act for
the copyright owner
(f) A statement by you that the information you are providing is accurate and that you are the
copyright owner, or authorized to act on behalf of the copyright owner.
PO Box 4509
134 N Market St
Chattanooga, TN 37405
If you do not follow these requirements, your notice may not be valid.
12. Links to Third Party Websites or Resources. The services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
NOTICE: Stipend in no way is affiliated with any of the universities referenced on the Site.
13. Warranty Disclaimers.
The services are provided “as is”, and without any warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties or merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that our services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the timeliness, accuracy, quality, truthfulness, completeness or reliability of any information or content on the services.
The services allow Members to create, offer, search for and book experiences together designed for monetary, entertainment, and educational purposes only. If you have health concerns, consult your physician or general practitioner before beginning any fitness activity through our service. You should not rely on Member information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other health-care professional. The use of information provided through the services is solely at your own risk.
14. Indemnity. You will indemnify and hold Stipend and its officers, employees, directors and agents, harmless from and against any claims, disputes, demands, damages, losses, liabilities, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of, or in, any way connected with (a) your Member Content (b) your access to or use of the services, or (c) your violation of these Terms.
15. Limitation of Liability.
(a) To the maximum extent permitted by law, neither Stipend nor any of its service providers involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, or damages for lost revenues, lost profits, lost business opportunity, lost savings, loss of data or goodwill, service interruption, system failure or computer or hardware damage, or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use of or inability to use the services, whether based on contract, warranty, tort (including negligence), product liability or any other legal theory, and whether or not Stipend or its service providers have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
(b) To the maximum extent permitted by the law of the applicable jurisdiction, in no event will Stipend’s total liability arising out of or in connection with these Terms or from the use of or inability to use the services exceed (i) for Users, the greater of the amounts you have paid or are payable by you for use of the services or for access to Member content during the then past 60 days, or one hundred dollars ($100), or (ii) for Athletes, the amounts you received in connection with the services during the then past 60 days or one hundred dollars ($100).
(c) The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Stipend and you.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Tennessee, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Stipend are not required to arbitrate will be the state and federal courts located in Hamilton County, Tennessee, and you and Stipend each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes: We each agree that any claim, dispute or controversy arising out of, or relating to, these Terms or the termination, breach, enforcement, interpretation or validity thereof or the use of the services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. We both agree that the U.S. Federal Arbitration Act governs the enforcement and interpretation of these Terms, and that you and Stipend are each waiving the right to trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions: As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
(d) Arbitration Costs: Payment of all the filing, administration and arbitrator fees will be governed by the AAA Rules. Stipend will seek to recover administration and arbitrator fees if the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorney fees and costs and won’t seek to recover them from you. If you prevail in arbitration you agree that you will also not seek to recover any attorneys’ fees and expenses from Stipend.
(e) Injunctive and Declaratory Relief: Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you, or we, prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver: You and Stipend agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another party’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability: With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. General Terms.
(a) Reservation of Rights: Stipend, and its licensors, exclusively own all right, title and interest in and to the services, including all associated intellectual property rights. You acknowledge that the services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services.
(c) Notices: Any notices or other communications provided by Stipend under these Terms will be given: (i) by posting on the Site; or (ii) via email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights: Stipend’s failure to enforce any provision of these Terms will not and should not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized officer or representative of Stipend. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. Contact Information. If you have any questions about these Terms or the services, please contact Stipend at email@example.com.