Please read these Terms of Service ("Terms") carefully before using SportsAvantgarde.com websites or any associated apps (collectively, the "Services") operated by Sports Avantgarde LLC and its affiliates (“Sports Avantgarde”, "us", "we", or "our"). Sports Avantgarde owns and operates sportsavantgarde.com, plus associated apps available on the Google Play Store and Apple App Store. Your access and use are conditioned on accepting these Terms, including binding arbitration (see Section 15). If you disagree, do not use the Services.
TABLE OF CONTENTS
1. Acceptance of Terms
The Services are designed for adults who are U.S. residents aged 18 or older. To use the Services, you must be at least 18 (or the age of majority in your jurisdiction) and reside in the United States or its territories. If you are under 18 or not a U.S. resident, please stop using the Services immediately. “You” refers to the person or entity using our Services. If you’re acting for another person or entity, you warrant you have authority to bind them to these Terms. By using the Services, you agree to these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree, discontinue use immediately. By using the Services, you consent to receive communications from us electronically, as detailed in Section 22 (Electronic Communications).
2. Changes to These Terms
We may update these Terms at any time, except where prohibited by law. We will notify you of material changes via email or an in-app alert at least 30 days before they take effect. Your continued use of the Services after changes indicates your acceptance. Please review these Terms periodically. We may also modify Service content (e.g., prices, features) without notice.
3. Subscriptions
Some Services require a subscription (“Subscription”), billed in advance on a recurring monthly or annual basis (“Billing Cycle”), depending on your selected plan. Your Subscription auto-renews under the same conditions unless you or Sports Avantgarde cancels it. You may cancel via your online account management page or by contacting our customer support team. A valid payment method (e.g., credit card) is required, and you must provide accurate, complete billing information (full name, address, state, zip code, phone number, and payment details). By submitting this, you authorize Sports Avantgarde to charge Subscription fees to your payment method. If automatic billing fails, we’ll send an electronic invoice with a deadline for manual payment.
4. Free Trial
We may offer a Subscription with a free trial (“Free Trial”) for a limited period, at our discretion. You may need to enter billing information to sign up. If you do, you won’t be charged until the Free Trial ends. Unless you cancel before the last day, you’ll be automatically charged the applicable Subscription fee. We may modify or cancel the Free Trial offer at any time without notice.
5. Fee Changes
We may modify Subscription fees at our discretion. Changes take effect at the end of your current Billing Cycle. We will notify you at least 30 days in advance via the email you provided, giving you the chance to cancel before the new fee applies. Continued use after the change means you agree to the new fee.
6. Refunds
Refund requests may be submitted within 7 days of a Subscription purchase if you haven’t accessed premium features. We’ll review requests case-by-case and grant refunds at our discretion, processed within 14 days if approved.
7. Accounts
When creating an account, you confirm you’re over 18 and that your provided information is accurate, complete, and current. Inaccurate or outdated information may lead to account termination. You’re responsible for keeping your account and password confidential and for all activities under your account. Notify us immediately of any security breach or unauthorized use.
8. Intellectual Property
The Services and all content (e.g., designs, graphics, software, logos) are owned or licensed by Sports Avantgarde and protected by copyright, trademark, and other laws. You may not use our trademarks or trade dress without our prior written consent. If you submit content to the Services (e.g., comments, reviews, or uploads), you grant Sports Avantgarde a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with the Services. You represent that you own or have rights to such content and that it complies with these Terms.
9. Links to Other Websites
Our Services may link to third-party sites or services we don’t control. We’re not responsible for their content, policies, or practices, nor do we endorse them. Use them at your own risk, and review their terms and privacy policies.
10. Termination: Survival of Terms
We may suspend or terminate your account for breaches of these Terms or other reasonable cause, with notice via email or in-app where feasible. If terminated, your access ends immediately, and any active Subscription stops, with refunds processed per Section 6 if applicable. Terms like ownership, disclaimers, indemnity, liability limits, and arbitration survive termination. Upon termination, we will retain your personal information only as long as necessary to comply with legal obligations or resolve disputes, after which it will be deleted in accordance with our Privacy Policy.
11. Use of the Services: Prohibited Uses
You warrant that: (a) you’re of legal age; (b) you can enter binding agreements; (c) you’ll use the Services per these Terms; and (d) your information is true and current. We may deny access to anyone for any reason, including violations, at our discretion. You must stop using the Services if we request. Prohibited actions include: threatening or harassing others; posting offensive, illegal, or defamatory content; impersonating anyone; transmitting viruses or harmful code; scraping data; spamming; reverse engineering; or accessing unauthorized areas. You’re liable for damages from violating these rules.
12. Privacy Policy
Our Privacy Policy, incorporated herein, details how we collect, store, use, and disclose your personal information across our websites, apps, and other platforms. We collect general device location data (e.g., via IP address) to comply with laws. Third-party advertisers or links may have separate policies we don’t control—review them carefully.
13. Indemnification
You agree to cover any costs, damages, or legal fees from claims against Sports Avantgarde, its affiliates, or representatives due to your misuse of the Services, violation of laws, or infringement of third-party rights. We may take over the defense of such claims, and you’ll cooperate with us. You can’t settle these claims without our written approval.
14. Warranty Disclaimer and Limitation of Liability
We provide the Services as they are, without guarantees of uninterrupted use, error correction, virus-free operation, or continued availability. We disclaim all warranties (e.g., merchantability, fitness for a purpose). Sports Avantgarde isn’t liable for any damages (e.g., indirect, punitive) from using the Services, except for willful misconduct. Our liability won’t exceed what you paid us in the past 12 months. Your sole remedy if dissatisfied is to stop using the Services. Some jurisdictions may not allow these limits, so they may not apply to you. Any claim must be filed within one year of arising, or it’s barred.
15. Claims and Arbitration
Disputes (e.g., claims related to these Terms or Services) must be resolved via binding arbitration or small claims court, not class actions. Arbitration uses JAMS rules (see jamsadr.com) under the Federal Arbitration Act, with hearings in your hometown if you choose. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION. This waives jury trials and collective proceedings. You’re responsible for your attorney fees unless awarded otherwise. You can reject this arbitration agreement by mailing a signed notice within 30 days of accepting these Terms to: Sports Avantgarde, LLC, Attn: Legal Department, 131 Continental Dr, Suite 305, Newark, DE 19713, USA, with your name, address, and account ID.
16. Applicable Law and Venue; Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict of law provisions, for matters not subject to arbitration. The Services are for U.S. residents aged 18+ only. We don’t knowingly collect data from those under 18—if you know of such cases, contact us at compliance@sportsavantgarde.com, and we’ll remove it. You agree not to use the Services in violation of U.S. export control laws or in countries subject to U.S. sanctions, and we may restrict access to comply with such laws.
17. Your Contact and Payment Information
You confirm your provided contact and payment details are accurate and current, and you’ll update us immediately if they change.
18. Entire Agreement, Waiver, and Severability
Notices will be posted on our sites or emailed to you. Update your email via the Services. Our failure to enforce a right isn’t a waiver. These Terms, with related policies, are the full agreement. If any part is invalid, the rest remains enforceable.
19. User Contributions
If the Services allow you to submit, post, or upload content (e.g., comments, images, or reviews) (“User Contributions”), you agree to the following:
(a) You are solely responsible for your User Contributions and their legality, accuracy, and appropriateness.
(b) We may, but are not obligated to, monitor, edit, or remove User Contributions at our sole discretion, without notice, if they violate these Terms or for any other reason.
(c) You retain ownership of your User Contributions but grant us the license described in Section 8 (Intellectual Property).
(d) Prohibited content includes anything that infringes rights, is unlawful, or disrupts the Services’ operation. Violations may result in account suspension or termination.
20. Third-Party Payment Processors
We may use third-party payment processors (e.g., Stripe, PayPal) to handle Subscription payments. By providing payment information, you agree to the terms and privacy policies of these processors, which are separate from these Terms. Sports Avantgarde is not responsible for the performance, errors, or security of these third-party services. Any disputes related to payments must be resolved directly with the processor, though we may assist at our discretion.
21. Force Majeure
Sports Avantgarde is not liable for any failure or delay in providing the Services due to events beyond our reasonable control, including but not limited to natural disasters, wars, riots, government actions, cyberattacks, power outages, or internet failures. We will resume performance as soon as reasonably possible after such events end.
22. Promotions and Contests
From time to time, we may offer promotions, sweepstakes, or contests (“Promotions”) through the Services. Participation is subject to separate rules, which will be posted or linked within the Services. Promotions are void where prohibited by law, and eligibility may be restricted (e.g., to U.S. residents 18+). We reserve the right to modify or cancel Promotions at any time without liability, and prizes, if any, are awarded “as is” with no warranties.
23. Electronic Communications
By using the Services, you agree to receive notices, agreements, and other communications from us electronically, via email or in-app alerts. You acknowledge that these electronic communications satisfy any legal requirement for written notice. To withdraw this consent, you must terminate your account and cease using the Services, though certain legal notices may still be sent as required by law.
24. Contact Us
If you have any questions about these Terms, contact us at terms@sportsavantgarde.com or Sports Avantgarde, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, USA.
Last Updated: February 24, 2025
