Terms of Service
Effective Date: July 26, 2024
1. Acceptance of Terms
By accessing and using DualMaker.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). By using our services, you also agree to comply with any posted guidelines or rules applicable to those services. If you do not agree with any part of these Terms, please do not use the Site.
2. Description of Service
DualMaker.com provides a web and mobile platform for managing Dual Meets and related sports activities. The service allows users to register, manage their teams, and participate in events. Coaches, athletes, and parents of athletes can access the platform according to the applicable age requirements.
3. User Conduct
You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree not to share your account credentials with others and to notify us immediately if you suspect unauthorized use of your account.
4. Privacy
Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
5. Modifications to the Service and Prices
We reserve the right to change our service offerings and prices at any time without prior notice. We may also modify or discontinue the Service (or any part of it) without notice.
6. Termination
We may terminate or suspend your access to our Service immediately, without prior notice or liability, if you breach these Terms or for any other reason at our discretion.
7. Disclaimer of Warranties; Limitation of Liability
The Service is provided on an "as is" and "as available" basis. DualMaker.com makes no warranties, expressed or implied, regarding the Service availability, functionality, or reliability. Your use of the Service is at your own risk.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law provisions.
9. Links to Third-Party Sites
The Site may contain links to third-party websites or provide access to third-party applications and products. We do not control these third-party sites and are not responsible for their content or privacy practices. The collection and use of your information by third parties are governed by their own privacy policies.
10. User Accounts
When registering for an account on the Site, you agree to provide accurate and up-to-date information. You are solely responsible for the activity that occurs under your account and for safeguarding your account credentials. If you believe your account is no longer secure, please notify us immediately.
11. Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including unauthorized access to data, servers, or accounts, and introducing harmful software. You agree not to use the Site in a way that violates any laws or infringes on the rights of others.
12. Limitation of Liability
To the fullest extent permitted by law, DualMaker.com and its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of your use of the Site or Service. In no event shall DualMaker’s liability exceed $150.00.
13. California User Complaints and General Waiver
User Complaints
Under California Civil Code Section 1789.3, California users may file complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You may contact them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
General Waiver under Section 1542 of the California Civil Code
You expressly waive any rights under Section 1542 of the California Civil Code, which states that a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of executing the release.
14. Indemnification
You agree to indemnify, defend, and hold harmless DualMaker.com and its affiliates, officers, directors, employees, agents, and representatives from any claims, damages, liabilities, costs, or expenses arising from your violation of these Terms or misuse of the Service.
15. Disputes
Arbitration
Any disputes arising from your use of the Site or Service will be resolved through binding arbitration, except for claims that qualify for small claims court. The Federal Arbitration Act governs this arbitration agreement. Arbitration will be conducted by National Arbitration and Mediation (namadr.com), and the prevailing party may be awarded attorney fees and costs.
Class Action Waiver
You agree to resolve disputes only on an individual basis and waive the right to participate in any class or representative action.
Jury Trial and Small Claims Court
If a dispute proceeds in court rather than arbitration, you waive your right to a jury trial. Both parties may bring claims in small claims court if the claims qualify.
Limitation on Claims
Any claim arising from your use of the Site or Service must be brought within one year of the event giving rise to the claim, with tolling during the 30-day pre-filing notice period.
By continuing to use DualMaker.com, you agree to these Terms of Service. If you have any questions or need further assistance, please contact us at support@dualmaker.com.