Hudl Registration Terms

These Hudl Registration Terms (these "Registration Terms") are supplemental to and incorporated into the Hudl User Terms of Service found at https://www.hudl.com/terms (the "User Terms"). These Registration Terms apply to your access to and use of Registrations. By accessing or using Registrations, you agree to these Registration Terms, the User Terms, and the AUP (collectively, the “Agreement”), and you acknowledge the Privacy Policy. Your access may be suspended or terminated if you violate the Agreement. In the event of a conflict between these Registration Terms and the User Terms or AUP, these Registration Terms shall govern with respect to the subject matter herein. Capitalized terms used but not defined in these Registration Terms shall have the meanings given to them in the User Terms.

To use Registrations to complete a registration for a Program for yourself or on behalf of your Minor, you must be at least 18 years old. By registering a Minor for a Program, the Parent agrees to these Registration Terms on their own behalf and on behalf of the Minor, and authorizes the Minor to participate in the Program. 

PLEASE READ THE USER TERMS, THESE REGISTRATION TERMS, AND ASSUMPTION OF RISK, HOLD HARMLESS, AND WAIVER AND RELEASE IN SECTION 6 OF THESE REGISTRATION TERMS CAREFULLY, AS THEY AFFECT YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR A PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND ASSUMPTION OF RISK, HOLD HARMLESS, AND WAIVER AND RELEASE IN SECTION 6 BELOW AND AGREE TO THE AGREEMENT.

1. About Registrations
   1. Registrations. Through “Registrations”, you can register yourself or a Minor (if you are that Minor’s Parent) for coaching, training, seasons, camps, clinics, tryouts, leagues, tournaments, memberships, enrollments, or other events or activities ("Programs" and each a "Program") offered by a Customer (as defined in the User Terms, and when offering Programs through Registrations, a "Program Host"). You may also be able to purchase related products and services from the Program Host through Registrations. You may register only yourself or a Minor you are legally authorized to register for a Program. If you register a Minor, you represent and warrant that you have the legal authority to register that individual for a Program and to agree to the Agreement on that individual’s behalf, and that all information you provide about that individual is accurate, current, and complete. If you register someone else who is not your Minor, all provisions applicable under these Registration Terms to your Minor apply and you represent and warrant that they are true with respect to such individual and agree to the Agreement with respect to that individual on their behalf. 
   2. Program Hosts. These Registration Terms are for individuals who use Registrations, not for the Program Hosts. Each Program Host has entered into a separate agreement with Hudl (“Hudl Agreement”), under which Hudl provides the platform and services that enable the Program Host to offer and manage registrations for its Programs. Hudl acts solely as a platform provider on behalf of the Program Host; the Program Host is the host of, and is solely responsible for, the Program. This means the Program Host, not Hudl, determines: (a) the inventory, pricing, payment terms, and availability of Programs; (b) the date, time, location, and details of Programs; (c) eligibility requirements and limits on participation; and (d) Program descriptions, Program materials, rosters, schedules, costs, and other Program-specific information. No provision of these Registration Terms or the User Terms makes Hudl an agent or partner of the Program Host. Hudl makes no warranties or representations whatsoever regarding any Programs provided by a Program Host. 
   3. Your Relationship with Hudl and the Program Host. When you use Registrations, you have two distinct relationships. With respect to a Program, your relationship with Hudl is limited to your use of Registrations and the processing of the related transaction and payment, and is governed by the Agreement. With respect to a Program, Hudl acts solely as a platform provider and processes the transaction on behalf of the Program Host. Your relationship with the Program Host regarding the Program itself, including its scheduling, conduct, content, eligibility requirements, cancellation, results postings, and any Program-specific policies, is separate and solely between you and the Program Host. Hudl is not a party to any agreement between you and a Program Host, and any disputes or claims arising from the Program or the Program Host’s actions or omissions must be directed to the Program Host. You release Hudl from any claims, damages, or losses arising from the Program Host’s acts, omissions, or Program-related decisions. Hudl may, but is not obligated to, facilitate refund requests or other communications related to Program Host actions as a convenience to you; any such facilitation does not make Hudl responsible for the underlying claim or create any obligation to resolve it. You are responsible for confirming that you or your Minor, as applicable, meets the Program Host’s requirements to participate in the Program. You agree to comply with all terms and conditions of any Program Host presented through Registrations.
2. Your Use of Registrations
   1. Registrations, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Hudl. Any unauthorized use terminates the permission or license granted by Hudl.
   2. Hudl reserves the right to change any information, features, and functions of Registrations without prior notice and without liability. Hudl may refuse service, cancel registrations, terminate accounts, or deny access to Registrations if you engage in any conduct or activities that Hudl determines, in its sole discretion (or reasonable discretion, if you are a resident of Quebec), violate the Agreement, Hudl’s rights, or the rights of any third party. Use of Registrations for any illegal or unauthorized purpose is strictly prohibited.
3. Provided Content and Parental Authority
   1. Provided Content. As part of Registrations, and separate from the Hudl Account creation process, you may be asked to provide information and upload materials, documents, or other information to the Services, including Program registration information and information about you or your Minor (including name, email, address, age, date of birth, and other personal information, birth certificate, medical waivers, and proof of vaccine) ("Provided Content"). Provided Content is a product-specific subset of Content under the User Terms and is a confidential subset of User Content. Provided Content does not include any information provided during the Hudl Account creation process. Notwithstanding Section 4.4 of the User Terms, Provided Content is not public User Content and is treated as confidential; disclosing Provided Content to a Program Host at your direction does not make it public User Content, and the perpetual, any-purpose license for public User Content in Section 5.1 of the User Terms does not apply to Provided Content. Provided Content may be uploaded by the Program Host if requested by you. You authorize and hereby direct Hudl to share the Provided Content with the Program Host and its personnel (e.g., coaches, administrators) for the purpose of managing the Program, evaluating the athlete, making eligibility determinations, communicating with you about the Program, and other Program-related purposes as determined by the Program Host. You agree you are directing Hudl to share Provided Content with the Program Host. You understand that the Program Host’s use of the Provided Content is subject to the Program Host’s own policies and procedures, including the Program Host’s privacy policy, and you agree to release Hudl from any liability related to the Program Host’s use of this information. You understand that all decisions regarding team selection, eligibility, and Program participation are made solely by the Program Host. You may also direct Hudl to disclose Provided Content to additional Program Hosts when you complete or request further registrations with respect to a differing Program. Hudl’s use of Provided Content is limited to hosting, storing, processing and transmitting it to provide Registrations and to effect these directed disclosures, and as described in the Privacy Policy; provided that Hudl may use limited identifying elements of Provided Content, such as name, email, address, relationship between you and the individual you are registering, and date of birth or age, to match, link and verify records across the Services (for example, to confirm that two records refer to the same person) and to maintain, secure and improve the Services. For clarity, if this limited identifying information is provided to Hudl outside of registering for a Program, it is subject to the separate obligations and rights of Hudl related to that information. “Sensitive Provided Content” means birth certificates, medical waivers or records, proof of vaccination, government identifiers and similar sensitive materials; Hudl will use Sensitive Provided Content only to provide Registrations and to effect the directed disclosures at your direction, and will not use Sensitive Provided Content to develop or improve the Services, to match or link records, or to train any model. 
   2. Parental Authority. BY USING REGISTRATIONS TO REGISTER YOUR MINOR FOR A PROGRAM, YOU REPRESENT AND WARRANT THAT YOU ARE THAT MINOR’S PARENT OR OTHERWISE HAVE LEGAL AUTHORITY TO REGISTER THAT MINOR, TO ACCEPT THESE REGISTRATION TERMS ON THAT MINOR’S BEHALF, TO REGISTER SUCH MINOR FOR THE PROGRAM, TO CONSENT TO SUCH MINOR’S PARTICIPATION IN A PROGRAM, AND TO CONSENT TO THE SUBMISSION, USE, AND DISCLOSURE OF THE MINOR’S INFORMATION, INCLUDING ANY PROVIDED CONTENT, YOU SUBMIT VIA THE SERVICES OR PROVIDE TO THE PROGRAM HOST TO ADD TO THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY AND CAPACITY TO COMPLETE THE REGISTRATION FOR THE PROGRAM, INCLUDING AGREEING TO THESE REGISTRATION TERMS, ON BEHALF OF YOURSELF AND, IF APPLICABLE, YOUR MINOR.
   3. Results and Activity Postings. By registering for and participating in a Program, you understand and agree that your or the registered individual’s activity or event, or other results may be posted publicly by the Program Host. If you would prefer that your or the registered individual’s results not be posted or be taken down, you must contact the Program Host directly, and Hudl is not responsible for the posting or removal of such information. 
   4. Provided Content Representations and Warranties. You represent and warrant to Hudl that: (a) you are the sole owner of any Provided Content, or otherwise have the legal right to upload or add the Provided Content to Hudl for use and sharing by Hudl and third parties as provided in these Registration Terms and the Privacy Policy; (b) the distribution or other use of the Provided Content on or through the Services as set forth in these Registration Terms by Hudl does not violate the privacy rights, publicity rights, intellectual property or proprietary rights, contract rights or any other rights of any person or entity; and (c) you have obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws) in order to upload or add the Provided Content for distribution and use by Hudl and third parties as provided in these Registration Terms. You are solely responsible for all Provided Content submitted by you or through your account on the Services, including Program registration information, names, likenesses, images, videos, music, intellectual property rights, logos, biographical information, files, code, data, metadata, text, software, links, and any other information or materials. Hudl is not responsible for any Provided Content that may be lost or unrecoverable through your use of the Services, and you are encouraged to archive your Provided Content regularly and frequently. You agree to comply with all applicable laws with respect to your use of the Services.
4. Payment and Refund Terms for Programs. The following supplemental terms apply specifically to Program registrations and your purchase of related products and services offered by the Program Host and take precedence over Section 9 of the User Terms to the extent of any conflict:
   1. Program Payment Terms. The purchase amount, Fees, taxes, currency, and payment terms (including Installment Payments, where available for the Program and selected by you during checkout) will be as set forth on the Services in connection with the applicable Program registration, products and services, and you agree to such amount and terms when you complete the purchase process. You acknowledge that the Program Host sets the payment amounts and terms for the Programs. Except as provided below for Programs, all amounts will be paid in U.S. dollars and are due as set forth on the Services. For Programs offered by Program Hosts in Canada, all amounts will be paid in Canadian dollars and are due as set forth on the Services. The Fees for Registrations-related purchases typically include, among other possible fees, a service fee from Hudl and a per order processing fee. Hudl uses the payment processing fee to cover third-party payment processing costs and may retain any remainder. In all cases, the Payment Processor will collect the payment. 
   2. All Sales are Final; Refunds for Programs. You are responsible for confirming the accuracy of your selection before purchasing. Once purchased, you cannot change or cancel a Program registration or Program related purchase through Hudl or the Services. Please contact the Program Host directly to request changes to registrations for Programs. Unless otherwise indicated by the Program Host, or except as otherwise required by applicable law, ALL SALES ARE FINAL AND NON-REFUNDABLE. Hudl, in its sole discretion, may provide you a full or partial refund, discount or credit, the amount and form of such refund, discount or credit shall also be in Hudl’s sole discretion (including how discounts or credits may be used and any expiration dates). Hudl’s decision in one instance does not guarantee the same response for future similar instances, nor is Hudl obligated to provide you with the same decision in the future. Any refunds will be made to the original Payment Method used at time of purchase. For additional information regarding refunds for Programs, please contact the Program Host directly or contact Hudl Support. 
   3. Installment Payments. Where a Program Host makes installment payments available for a Program, the following additional terms apply to your selection of that payment option ("Installment Payments"):
      1. Installment Payments are not a loan and do not constitute an offer of credit to you.
      2. If you elect to not make an Installment Payment when due, your rights to participate in the activities associated with the Program (e.g., team participation, practice access) will immediately terminate; however, the Program Host will not attempt to collect or otherwise recoup the missed payment.
      3. No information about you regarding the Installment Payments will be reported to any credit reporting agency.
5. Program Cancellation. You understand and agree that the Program Host reserves the right to cancel the Program in the event of weather (including heat, tornadoes, earthquakes, fires, storms, lightning, and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Program participants and/or spectators or the feasibility of the Program to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Program Host.
6. Assumption of Risk, Hold Harmless, and Waiver and Release for Programs
   1. ASSUMPTION OF RISK. YOU ACKNOWLEDGE THAT PARTICIPATING IN, PREPARING FOR, OR OBSERVING SPORTS ACTIVITIES, INCLUDING THE PROGRAMS, INVOLVES INHERENT RISKS, SUCH AS THE RISK OF PHYSICAL INJURY. ON BEHALF OF YOURSELF, YOUR MINOR, OR ANY INDIVIDUAL YOU REGISTER, AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, EXECUTORS, SUCCESSORS, AND NEXT OF KIN (COLLECTIVELY, THE "RELEASING PARTIES"), YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING OUT OF OR INCIDENT TO PARTICIPATION IN THE PROGRAMS.
   2. HOLD HARMLESS. YOU, ON BEHALF OF YOURSELF, YOUR MINOR, AND OTHER RELEASING PARTIES, AGREE TO HOLD HUDL AND ITS SERVICE PROVIDERS, PARTNERS, AND LICENSORS, THE PROGRAM HOST, AND ANY OTHER PERSONS ASSOCIATED WITH THE PROGRAM AND EACH OF THEIR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") HARMLESS FROM ANY DAMAGES OR INJURIES THAT MIGHT ARISE WHILE PARTICIPATING IN OR INCIDENT TO THE PROGRAMS.
   3. WAIVER AND RELEASE. YOU, ON BEHALF OF YOURSELF, YOUR MINOR, AND OTHER RELEASING PARTIES, KNOWINGLY AND VOLUNTARILY WAIVE AND RELEASE THE RELEASED PARTIES FROM, AND COVENANT NOT TO SUE THE RELEASED PARTIES FOR, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOUR MINOR OR YOU OR SUCH OTHER INDIVIDUAL YOU REGISTER, WHETHER CAUSED BY THE NEGLIGENCE OF HUDL OR OTHERWISE, WHILE PARTICIPATING IN OR INCIDENT TO THE PROGRAMS.
7. Warranty Disclaimer and Limitation of Liability
   1. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THESE REGISTRATION TERMS, AND WHERE NOT PROHIBITED BY APPLICABLE LAW, REGISTRATIONS AND ALL PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SUCH WARRANTIES ARE SPECIFICALLY SET FORTH OTHERWISE IN THESE REGISTRATION TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUDL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUDL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUDL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY PROGRAMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DOES NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT. 
   2. LIMITATION OF LIABILITY. HUDL’S AND ITS SERVICE PROVIDERS’ AGGREGATE LIABILITY ARISING OUT OF THESE REGISTRATION TERMS OR THE USE OF REGISTRATIONS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT OF FEES YOU HAVE PAID HUDL IN THE PAST TWELVE MONTHS. EXCEPT AS EXPRESSLY PROVIDED IN THE USER TERMS AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ATTORNEY'S FEES BE AWARDED OR RECOVERABLE UNDER THESE REGISTRATION TERMS. 
   3. INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUDL OR THE PROGRAM HOST BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH REGISTRATIONS, ANY PROGRAM, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH REGISTRATIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON A CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. 
   4. SPECIFIC EXCLUSIONS. WITHOUT LIMITING ANYTHING IN THIS SECTION 7, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HUDL WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (A) ANY FAILURE OF ANOTHER USER OF REGISTRATIONS TO CONFORM TO THE AUP OR THESE REGISTRATION TERMS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO OR USE OF REGISTRATIONS OR YOUR PARTICIPATION IN THE PROGRAM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED IN THE SERVICES, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH SERVICES, OR (E) THE FAILURE OF A PROGRAM HOST TO DELIVER OR MAINTAIN A PROGRAM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH REGISTRATIONS IS TO STOP USING REGISTRATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN HUDL AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HUDL AND YOU. HUDL WILL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY USE OR DISCLOSURE OF YOUR, YOUR MINOR’S, OR ANOTHER REGISTERED INDIVIDUAL’S CONTACT INFORMATION, FINANCIAL INFORMATION, OR OTHER PERSONAL INFORMATION BY A THIRD PARTY TO WHOM HUDL IS ALLOWED TO DISCLOSE YOUR PERSONAL INFORMATION UNDER THESE REGISTRATION TERMS OR THE PRIVACY POLICY.
   5. EXCEPTIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE THE SELLER FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES. 
8. Governing Body Rules and Programs. You agree to be fully informed of and abide by all Governing Body Rules that may be applicable to your or your Minor’s participation or registration for the Programs. You are solely responsible for your and your Minor’s compliance with the applicable Governing Body Rules for Programs. Violation of any such rules and regulations are grounds for suspension or termination of access to the Services. 
9. General Provisions
   1. Entire Agreement. These Registration Terms are incorporated into, and form part of, the User Terms, which together with the AUP constitute the entire agreement between you and Hudl regarding Registrations, as provided in the User Terms. Except as otherwise expressly provided in these Registration Terms, there shall be no third-party beneficiaries.
   2. Survival. The following provisions of these Registration Terms shall survive any termination or expiration of these Registration Terms: Sections 1.2, 1.3, 2.1, 3, 4, 6, 7, 8, 9, as well as any other provisions that by their nature are intended to survive. For the avoidance of doubt, the survival provisions of the User Terms (including Section 17.4 thereof) apply to your use of Registrations, and the arbitration and indemnification provisions of the User Terms survive termination as set forth therein
   3. Modifications. We may modify these Registration Terms at any time in accordance with the modification procedures in the User Terms. Your continued use of Registrations after the effective date of any modification constitutes acceptance.