TERMS AND CONDITIONS OF USE/END USER LICENSE AGREEMENT & PRIVACY POLICY

Terms and Conditions of Use/End User License Agreement

Welcome to Athlete Rating System™! These Terms and Conditions of Use and End User License Agreement (“Terms”) apply and govern your use of our mobile application and the website (“App”) and are designed to create a positive, law-abiding community of our users. Moyco, Inc., any owners, officers, successors, and assigns, (collectively, “We”, “Us”, “Moyco” or “ARS”) offers a variety of options through the App (collectively, the “Services”). By using the Services, you agree to all the Terms and state that you understand this is a binding, legal agreement. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT DOWNLOAD OR USE THESE SERVICES. CONTINUED USE OF THE SERVICES INDICATES AGREEMENT TO ALL TERMS.

Please feel free to contact Us at support@theathleteratingsystem.com with any questions, concerns, or issues.

Use of the Services and Your Account

Who Can Use the Services.

You must be at least thirteen (13) years old to use the Services. You must be a resident of the United States of America. Please contact Us if you would like to use the Services and you do not fit these criteria, so that we can gather information regarding expansion.

Your Account

You will need to create an ARS account to access the Services. It is important that you keep your account accurate and up to date. Your account will determine which Services you can access within the app.

When you create an account for any of the Services, you must provide Us with accurate and complete information as prompted by the account creation and registration process and keep that information up to date. Otherwise, some of the Services may not operate correctly and Our System may not be able to provide the most accurate information to our users. We also may not be able to contact you with important notices without accurate, up-to-date information.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account (such as sharing your information with others, letting others log into your account, creating an account using a shared device, creating an account using a shared e-mail address, etc.). You should notify Us right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss or damage that results from unauthorized use of your username and password.

Residents of the European Union

If you are a resident of the European Union, you have the right to delete your account with us by contacting Us. If you choose to permanently delete your account, the non-public personal information that we have associated with your account will also be deleted. The disaggregated, anonymous data that we have collected from your account will be kept, but not associated with you.

Service Updates, Changes, and Limitations

ARS is constantly evolving, as are our Services. With the launch of new products, Services, user levels, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don’t install the updates.

The Services may change in form or function without prior notice to you. We may provide updates, automatic or otherwise, for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates”). Certain portions of the Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates.

You agree and understand that the Terms may be modified from time to time. These Terms and their modifications will apply to any and all Updates to the Services without notification to you. You will be notified if a material change to the Terms is made.

We may change, suspend, or discontinue any and all of the Services at any time, including the availability or pricing of any product, features, database, or content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Service without notice or liability.

Service Monitoring and Suspension.

We reserve the right to refuse to provide the Services to anyone at any time for any reason. We can monitor, terminate, or suspend your account or access to the Services at any time and are not required to provide advance notice to you. We will attempt to notify you by email or through your next attempt to access your account.

We reserve the right, but have no obligation, to monitor any accounts and activities conducted through or in any way related to the Services as well as any user’s use of access to Personal Data and profiles of other users.

We have the right to deactivate, terminate, or suspend your account or access to Services at any time and without any refund to you or liability to Us if:

We, in our sole discretion, determine you are or have been in violation of these Terms in any way;

We, in our sole discretion, determine that you have created multiple accounts to artificially increase or decrease player ratings in any way;

We, in our sole discretion, determine you have created risk or possible legal exposure to us, the general public, any third party, or any user of our services;

We, in our sole discretion, determine that you have infringed or attempted to infringe our or a third-party licensee’s intellectual property, privacy, or security rights;

Your payment for Services has failed, bounced, or been refunded to you;

In response to request by law enforcement or other government agencies;

Upon discontinuation or material modification of any services; or

Due to unexpected technical issues or problems.

Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your personal data, disaggregated data, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify support@theathleteratingsystem.com immediately of any actual or suspected breach or unauthorized access or use of your account.

Ownership and Use of Content

Ownership

All content of the Services, including ratings, data, reports, and information entered into the App, except your personally identifiable information, is owned by Us unless these Terms say otherwise. All copyright, trademarks, design rights, patents, formulas, algorithms, code, and other intellectual property rights, registered and unregistered in and on the Services belong to Moyco, our partners, or applicable third-parties (collectively, “Content”).

Each User retains ownership, responsibility for, and other applicable rights in their personally identifiable information entered into the app, but grants a license of that information to us as explained below. Moyco and its partners or third parties retain ownership, responsibility for and other applicable rights in all Content.

Except as expressly provided in the Terms, nothing grants you a right or license to use any Content in the Services. You agree not to duplicate, publish, display, distribute, modify, reverse engineer, publicly analyze, report, or create derivative works from the material presented through the Services unless authorized in a personalized and specific writing from us, which writing shall not create a waiver for other users or uses.

Our License to You

You are permitted to access and use the Content and Services as designed by the App within the App. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the Content and Services as intended.

Subject to your compliance with these Terms and the laws of the United States, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and Content for your own personal purposes pursuant to the user level and Services you have purchased, provided that you do not, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer, or otherwise commercially exploit any right in the Content or Services, or permit a third-party to do the same through your use of the Content or Services.

Your License to Us

When you post your personally identifiable information in connection with the Services, it belongs to you. However, by posting, you are giving us permission to use your personally identifiable information and ratings in connection with our Services and allowing us to make that content available to others and incorporating it into our own Content. We can edit or remove your ratings or personally identifiable information from our Services at any time for any reason.

By rating others, providing your information, and otherwise utilizing the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such content in connection with any and all Services, currently offered and offered in the future. You acknowledge that you are not entitled to any compensation or other payment from us in connection with the use of such information or content.

The rights you grant in this license are for the limited purposes of allowing Moyco to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new services. Notwithstanding the above, we will not make use of any of your information or content in a manner that is inconsistent with the Privacy portion of these Terms.

Third-Party Licenses

The relevant third-party licenses are disclosed and accessible within the App.

Public Information; Information Retention

Please keep in mind that when you make something publicly available on the internet, it becomes practically impossible to take down all copies of it in the future. Do also keep in mind that by participating in publicly-accessible sports events, others have access to your name, number, sport played, city, and potentially school and that such dissemination is not controlled by or the responsibility of ARS in any way. If you have been added to ARS by others due to your participation in publicly-accessible sports events, ARS will not remove such publicly-available information from the system and cannot remove it elsewhere.

Following the termination of your account, or if you remove any personally identifiable information from the Services, we may retain your information for a commercially-reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. We will retain data regarding your information, separated from any information that would link that information to you personally, for perpetuity in order to create and improve the Services. The license in section 2.C therefore continues in perpetuity, even if you stop using the Services.

Community Guidelines

Please keep in mind that these rankings and this data is useful and important to many users of the Services and that some high-level users may use this data to make key decisions regarding sports rankings and sportsmanship. If you are ranking people too high simply because they are on your team, or too low because you dislike them for some reason, this will negatively impact the Services for all. If you are caught regularly creating improper rankings, you may be sent a warning or barred from the Services.

While we require that all of our users comply with these guidelines and reserve the right to monitor for and punish violations, we ultimately cannot guarantee all users will comply with these Terms at all times. If you believe another user is violating these Terms, please report it to support@theathleteratingsystem.com. We have the right, but not the obligation, to review and take action or remove any rankings or user who is reported.

We are not responsible or liable for any injury or harm to you resulting from objectionable user activities, failures of other users to comply with the Terms, or negative rankings of you in any way or for any reason.

Third-Party Links and Services

Our Services may link to, interact with, or be available on third-party services or products such as social media or third-party devices. If you interact with such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.

Mobile Services

While we strive to make the Services available on many platforms, we can’t guarantee that the App is compatible with your device. Please email support@theathleteratingsystem.com if your device is not compatible and you would like it to be. If you use the App, your standard data rates will apply and the rules of the app store from which you are downloading will also apply.

Wireless Carrier and Device Considerations

To use or access our Services, you will need a compatible device. We cannot guarantee the App will be compatible with or available on your device. Your phone company’s normal messaging, data, and other rates and fees will apply. You may be required to pay fees to access special features and content, depending on the level of Services you desire.

Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes consistent with these Terms. With respect to any open source or third-party code that may be incorporated in the App, such code is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code.

App Stores

If you download the App from a third-party app store (“App Provider), you acknowledge and agree that:

The Terms are an agreement between You and Us and not with the App Provider;

The App Provider is not at all responsible for the App or Services;

The App Provider has no obligation to provide any maintenance or support services with respect to the App;

In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, but the App provider will have no other warranty obligation whatsoever with respect to the App;

The App Provider is not responsible for addressing any claims you have relating to the App or your possession or use of the App;

If a third party claims the App infringes another party’s intellectual property rights, as between the App Provider and Moyco, Moyco will be responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms;

The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and

You must also comply with all applicable third-party terms of service when using the App.

Paid Services

If you choose to subscribe to any of our Paid Services, such as increased User Levels or Reports, these are the payment and billing terms that apply. Paid Services and billing may auto-renew unless you cancel. You may cancel at any time.

Payment Terms

By signing up for and using increased User Levels and Paid Services, you agree to our Terms and any additional terms and conditions provided herein that are applicable only to such Paid Services. You also agree to waive any right of withdrawal at the moment you subscribe to the Paid Services to the maximum extent permitted by applicable law, so that you can immediately have access to them.

When you sign up for the Paid Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or charge from your Payment Method the appropriate fees charged for the Paid Services and for any other purchases you elect to make via the Services.

Unless otherwise stated, all fees due for the Paid Services are payable in advance and will be billed automatically to the Payment Method at the start of the monthly or annual payment period, as applicable. All purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Service.

Termination or Cancellation of Paid services

If you do not pay the fees or charges due for your use of the Paid Services, we may make reasonable efforts to notify you and resolve the issue. We reserve the right to disable or terminate your access to the Paid Services without notice.

You can cancel the Paid Services at any time by emailing support@theathleteratingsystem.com. Once you have cancelled your Paid Services and received confirmation, no other changes can be made to your account. The cancellation of your Paid Services will go into effect at the end of the current billing cycle, and you will have the same level of access to the Paid Services through the remainder of such billing cycle.

There are no refunds for termination or cancellation of your Paid Service. If you no longer wish to subscribe to a Paid Service, it is your responsibility to cancel your Paid services in due time, regardless of whether or not you actively use your Paid Service.

Fee Changes

We may change our prices for Paid Services and levels of Paid Services at any time, to the maximum extent permitted by applicable laws. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service or by sending you a notification. If you do not wish to pay the new price, you can cancel the applicable Paid Service prior to the change going into effect.

Modifications to these Terms

We reserve the right to modify these Terms at any time by posting revised Terms on the App or providing advance notice to you of material changes to the Terms, generally via email where practicable. Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are no longer permitted to use the Services.

When we do not ask for your explicit agreement to a modified version of these Terms, the modified version of these Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access the Services, or use the Services following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use and should discontinue your use of the Services.

No Warranties

EXCEPT WHERE PROHIBITED BY LAW, MOYCO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTEHRWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTCIULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS BASIS.

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or Content. To the maximum extent permitted by the applicable law, we do not warrant that: (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements, or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty.

To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content or rankings. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.

Limitation of Liability

We are building the best Services we can for you, but we can’t promise that they will be perfect. We are not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances shall Moyco, its subsidiaries, partners, or any wireless carriers be liable to you or any third party for: (i) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (ii) loss of profits, revenue, data, use, goodwill, or other intangible losses; (iii) damages relating to your access to, use of, or inability to access or use the Services; (iv) damages relating to any conduct or content of any third party or user of the Services; and (v) damages in any manner relating to any third-party products accessed or used via the Services. To the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of user’s personally identifiable information, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Moyco has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.

To the maximum extent permitted by applicable law, the total liability of Moyco for any claim under these terms, including any implied warranties, is limited to the greater of five hundred dollars (US$500.00) or the amount you paid to use the applicable Services in the twelve (12) months prior to your claim.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says ‘a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.’

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by our own fraud, recklessness, gross negligence, or willful misconduct.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold Moyco, its affiliates, and its partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third-party due or arising out of (i) the Content you access or share through the Services; (ii) your use of the Services; (iii) your activities in connection with the Services; (iv) your connection to the Services; (v) your violation of these Terms; (vi) your use or misuse of any user’s personally identifiable information; or (vii) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Moyco’s own fraud, recklessness, gross negligence, or willful misconduct.

Governing Law

These terms shall be governed by and construed in accordance with the laws of New York and controlling U.S. federal law as applicable, without regard to conflict of laws principles.

Disputes and Arbitration; Class Action Waiver; Jurisdiction and Venue

YOU AND MOYCO AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (“DISPUTE”) TO BINDING ARBITRATION WITH JAMS IN NEW YORK, NEW YORK. To the maximum extent permitted by applicable law, you and Moyco agree that any Dispute will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the U.S. Code), which shall govern the interpretation and enforcement of this Arbitration Agreement, or in small claims courts in New York, New York, to the extent such claims are within its jurisdiction. In arbitration, disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Such disputes resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of Disputes relating to your general use of the Services under the JAMS General Arbitration Rules. Please visit www.jamsadr.com for more information about arbitration.

Any arbitration between you and us, to the extent feasible, will be conducted remotely as provided below. If you so choose, you may elect to have an in-person hearing within three-hours’ drive of your hometown, at your cost.

The arbitration will be conducted in English. The parties shall agree to an arbitrator pursuant to the JAMS arbitration rules. The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement and these Terms, to the extent permissible by law. All arbitration proceedings will be confidential and all records relating thereto will be sealed, except as necessary for enforcement of the arbitration award.

You will not be responsible for any JAMS Case Management Fee or arbitrator’s services fee, excepting a $250.00 share of fees if you are the initiator of arbitration and travel costs for the arbitration being within three-hours of your hometown. If the company is the claiming party initiating the arbitration, the company will be required to pay all costs associated with the arbitration. You will be responsible for your own costs and attorney’s fees outside of those identified in this section, regardless.

The Arbitrator’s Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional sixty (60) days in the interests of justice.

You acknowledge and understand that, with respect to any Dispute with us, you are giving up your right to have a trial by jury and you are giving up your right to serve as a representative of or to participate in a class of claimants in any lawsuit involving such dispute.

Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use the third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, notices, or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

If you have any feedback, questions, or comments about the Services, please contact us at support@theathleteratingsystem.com.

This Privacy Policy (“Privacy Policy”) applies to the Athlete Rating System™ mobile application (“App”), owned and operated by Moyco Inc. (“we”, “us”, “Moyco”, or “ARS”). We have created this Privacy Policy to tell you what information the App collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms and Conditions of Use and End User License Agreement (“Terms”). By visiting and/or using the App, you are agreeing to the terms of this Privacy Policy and the accompanying Terms. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

Information we Collect or Receive.

In the course of operating the App, we will collect and receive the following types of information (collectively, “Collected Information”). You authorize us to collect and receive such information.

Personally Identifiable Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information (“PII”) to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself, such as your name, e-mail address, physical location, phone number, team name, school name, and/or other similar information. We do not collect any PII from you when you use the App unless you provide us with the PII voluntarily.

Payment Information. If you choose to make a purchase or subscribe to a feature or Service that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card numbers, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.

Geolocational Information. Certain features and functionalities of the App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and other third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.

Third-Party Analytics. We may use third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers to provide the Services and App (collectively, “Third-Party Partners”). We and/or the Third-Party Partners may use third-party analytics services to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile usage. These Third-Party Partners and we use cookies and other technologies to analyze and provide us data. You consent to the processing of data by these analytics providers in the manner and for the purposes set out in this Privacy Policy and the Terms.

Other Information. In addition to the PII, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our advertising; and information regarding your mobile devices used to access the App (collectively, “Other Information”). Such Other Information may include additional information about yourself that you voluntarily provide to us, such as your gender; your IP address; browser type and language; date and time; details regarding your activity on the app; usage data; self-provided ratings; type of mobile device; advertising identifiers; operating systems and versions; carrier; network type; and cookies.

Information Collected by or through Third-Party Advertising Companies.

We may share Collected Information about your activity on the app with third parties for ad distribution and ad optimization. These third parties may use cookies, pixel tags, and other technologies to collect Other Information for such purposes.

How to Opt Out of Third-Party Internet-Based Advertising.

If you wish to opt out of third-party advertising, you can follow the below instructions:

Android Users

For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”

iOS Users

iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.

iOS 6: Go to your Settings > Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.

How Information is Used and Shared.

You authorize us to use the Collected Information to:

Provide and improve the Services to you and others;

Provide and improve the App to you and others;

Administer our related promotional programs;

Solicit your feedback;

Provide you notifications related to the Services and the app;

Provide reports and other information to sporting events organizers, coaches, and scouts; and

Inform you about our products and services.

In order to provide our services and administer our promotional programs, we may share the Collected Information with Third-Party Partners, marketing partners, and business-level users.

We engage Third-Party Partners and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

In an effort to provide the Services, improve the Services, create new Services, and to better understand our users and the App, we may analyze certain Collected Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and such products and services (“Aggregate Information” or “Anonymized Information”). The Anonymized Information does not identify you personally and is no longer PII. We may share or license the Aggregate Information to our affiliates, agents, business partners, promotional partners, and other third parties. We may disclose aggregated user statistics to describe the App and these products and services to third parties for lawful purposes.

As we develop Moyco, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Collected Information may be part of the transferred assets.

To the extent permitted by law, we may also disclose the Collected Information:

When required by law, court order, or other government or law enforcement authority or regulatory agency; or

Whenever we believe that disclosing such Collected Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

Accessing and Modifying Information and Communication Preferences.

If you have provided us PII, you may access, remove, review, or make changes to the same by contacting support@theathleteratingsystem.com or by adjusting the information in the App. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any marketing emails. We use commercially reasonable efforts to process such requests in a timely manner. You should be aware that it is not always possible to completely remove or modify information in our subscription databases and you cannot remove Anonymized Information. You cannot opt out of receiving transactional emails related to the App, such as those required for technical support.

We may deliver notifications to your mobile device. You can disable these notifications by changing the settings on your mobile device.

How we Protect Your Information.

Information is stored by Google Cloud Services and Firebase Realtime Database. Their data protection terms are located at https://firebase.google.com/support/privacy. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notices to Non-U.S. Residents.

The App is operated in the United States. The App runs on Google Cloud Services and Firebase Realtime Database in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

App Stores; External Websites.

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as PII, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Children.

The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

Changes to This Privacy Policy.

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the App. By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.