Terms of Service

By using SportiCal.com (“Service”), a service of New Wavelength LLC, (“New Wavelength”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read this document carefully before using the Service. If you do not wish to be bound by these terms and conditions, you may not use the Service.

This Argreement applies to any person who, or legal entity which, creates SportiCal account (“Account”). If you are not an account holder, click here for the Terms of Use.

New Wavelength reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.sportical.com/tos.

Account Use

Violation of any of these agreements may result in the termination of your Account. While New Wavelength prohibits offensive conduct and content on the Service, you understand and agree that New Wavelength cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Description of Service

SportiCal provides an online registration system that allows you, the account holder, to electronically accept registrations from users.

You are responsible for the accuracy of event and registration information as well as for the fulfillment of any obligation from the registrations you accept.

Users are responsible pay for the registrations they make, pursuant to the policies you set out. All payments are made immediately and directly to you. For convienience, the Service facilitates payment directly from the user to your PayPal account. If you choose to allow other forms of payment, you assume responsiblity for collection.

New Wavelength does not accept payment for any registrations, no do we charge a commission or fee on them.

It is your responsiblity to issue refunds to users who have paid you, when you deem appropriate.

Your contact information will be included in all confirmation messages sent to users who register for your events. You agree to be the primary point of contact for users, and respond to their questions and/or requests for support.

User Privacy

You agree not to sell, share or otherwise disseminate any personal information collected by the Service except for the purpose of fullfilling the obligations of the registrations you receive.

Payment, Refunds, Upgrading and Downgrading Terms

A valid PayPal account is required for monthly plans. A valid credit card, or PayPal account is required to purchase event credits. Fees are charged in the currency you select at time of signup.

The Service is billed in advance on a monthly or one-time basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account, or refunds for unused or expired event credits purchased. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Any change in plan level is effective immediately and establishes a new billing cycle. Overlap in paid-for monthly plans do to a change in billing cycle will be considered on a case-by-case basis and refunds issued within 30 days.

Downgrading your Service may cause the loss of content, features, or capacity of your Account. You will save harmless New Wavelength from any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time by sending an email to support@sportical.com. This is a simple no questions asked process. SportiCal Customer Support will respond to your request personally and provide you with your last date of service.

When your last date of service is reached, your acount will be deactivated immediately and your content may be deleteted. New Wavelength does not provide a backup service to restore deleted accounts or content, any such backup is the responsibility of yourself.

If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately but you will not be charged again.

New Wavelength, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other New Wavelength service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. New Wavelength reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

New Wavelength reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SportiCal Website or the Service itself.

New Wavelength shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your content, files and images uploaded remain yours. However, you understand that many pages of the Service are public, and that anyone can view and share this content.

New Wavelength does not pre-screen content, but New Wavelength has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

The design and operation of the Service is copyright New Wavelength. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, visual design elements, or operational structure without express written permission from New Wavelength.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders who are current with their account, and is only available via email.

You understand that New Wavelength uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, New Wavelength, or any other New Wavelength service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission of New Wavelength.

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any New Wavelength customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by New Wavelength) of other SportiCal customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.

New Wavelength does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that New Wavelength shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if New Wavelength has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.

This indemnification shall extend to New Wavelength, its officers, shareholders, principals, agents, directors, partners, employees, subsidiaries, parent company, successors and assigns, from and against any and all claims, demands, damages, actions or causes of action of every kind and nature, whether known or unknown, arising out of the relationship between New Wavelength and yourself in entering to this agreement.

The failure of New Wavelength to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and New Wavelength and govern your use of the Service, superceding any prior agreements between you and New Wavelength (including, but not limited to, any prior versions of the Terms of Service).

Jurisdiction

The laws of California, USA, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you and New Wavelength consent to personal jurisdiction in those courts.

Last updated: 24-Aug-2014