Terms of service – ProBand® Sports Industries

Terms of service

Pro Band Sports Industries, Inc. Terms of Use

Effective Date: November 1, 2024

Please read these Terms of Use (the “Terms”) carefully regarding Pro Band Sports Industries, Inc., its affiliates and subsidiaries (collectively referred to herein as “Pro Band”, or “us/we/our”). By using or accessing https://www.proband.com/, our social media resources, our pages on social media sites, our organized online events, and/or any other Pro Band websites or communication channels (collectively referred to as the “Site”), you understand and agree that the applications, websites, content, products, and services provided via the Site (the “Services”) are governed by these Terms and Pro Band’s Privacy Policy (collectively, the “Agreement”) and you further warrant that you have read and understand the Agreement and agree to be bound by the terms therein.

THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PRO BAND (COLLECTIVELY, THE “PARTIES”). PLEASE READ THESE TERMS CAREFULLY THEM BEFORE ACCESSING THE SITE OR USING ANY OFFERING. BY ACCESSING THE SITE OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR OFFERINGS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITE.

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND PRO BAND AND ITS AFFILIATES ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 18 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION. IN ADDITION: (1) YOU AND PRO BAND WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.

You acknowledge that Pro Band may make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Services or changes in law. If we make a material change to this Agreement, it will be effective upon our notice to you. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Site, or by other means, consistent with applicable law. By continuing to use the Site you will be deemed to have agreed to and accepted any changes to the Agreement. You are responsible for periodically reviewing this Agreement for updates and amendments. If you do not agree to any change to this Agreement, you may not use the Site or the Services. As used herein, “you” means anyone who accesses and/or uses any aspect of the Site, including individuals acting on behalf of an individual, corporation, partnership, or other entity.

1. License and Access to the Site

Subject to the restrictions and conditions set forth in these Terms, Pro Band grants you a limited, revocable, non-transferable, non-exclusive license to access and use, view, and download materials made available to you on the Site for informational, non-commercial purposes, and in compliance with all applicable laws and regulations. This license shall not include any right: to resell or make any commercial use of the Site or any information, content and/or materials available on, within, via or in connection with the Site (collectively, “Content”); to publicly display any of the Site or its Content (commercial or non-commercial); to any derivative use of the Site or its Content; or to use data mining, robots, or similar data gathering and extraction tools or techniques on the Site. This license shall automatically terminate if you violate any provision of these Terms and may be terminated by Pro Band at any time; provided, however, that this license shall not terminate solely as a result of your commercial exploitation of your copyrighted materials that are not a derivative work of any Content. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Pro Band accepts no liability for the accuracy or completeness or use of, and no liability to update, the Content contained on the Site. We make no guarantees regarding the availability of the Site or the Services. Additionally, we reserve the right, within our sole discretion, to discontinue the Site, or to restrict anyone’s access to the Site for any reason. You agree that we will not be liable to you or any third party for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms are reserved by us.

2. Intellectual Property

Any and all rights associated with the Site, its Content and the Services, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, trade names, moral rights and patents (“Intellectual Property”) are the sole property of Pro Band or its licensors, affiliates or other third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, display, lease, loan, sell, create derivative works from, upload, transmit, distribute or otherwise use any Intellectual Property displayed or made available in, or otherwise associated with, the Site, in any way, without Pro Band’s express written consent. Except as provided herein, Pro Band does not grant to you any express or implied rights to our or any third party’s Intellectual Property.

3. Privacy Policy

Pro Band takes your privacy seriously. In order to learn more about Pro Band’s data privacy practices, please view our Privacy Policy here.

4. Terms of Sale

Goods offered for sale on the Site are solely for end-users. Your purchase is for your own use, not for resale, export, re-export or transfer. Any order is an offer to buy. Pro Band may send an order confirmation email to acknowledge receipt of your order, but Pro Band does not accept your order until we send you notice that the goods have been shipped. Pro Band may process payment for and ship parts of an order separately. Pro Band reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud, or orders that may be intended for resale. When purchasing goods, you may be directed to a third party website to render payment; these Terms will not apply to your use of such a third party website. Please review the terms governing your use of that third party website and your purchases thereon.

5. Your Content

You are solely responsible for all Content you submit, transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available to or generate through your use of the Site (“Your Content”) in any manner (including, but not limited to, through the “Contact Us” form). As between you and us, you retain ownership of Your Content. In addition to any other rights granted to us under these Terms, by submitting, transmitting, generating, or posting any of Your Content, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, sublicense, distribute, and sell Your Content in any way we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying Your Content in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using Your Content within or in connection with our products or services. You also acknowledge that Your Content will not be returned, and we may use Your Content, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You represent and warrant that you own or otherwise control all rights to Your Content necessary to grant the rights and licenses herein.

You will not and will not allow others to transmit, upload, post, e-mail, generate, or otherwise make available on the Site any Content, including Your Content, that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate, or misleading; (d) you were compensated for or granted any consideration by any third party; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (f) is an advertisement or solicitation of any kind; or (g) is false, misleading, or inaccurate. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove Your Content, and we reserve the right to change, condense, or delete any of Your Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any of Your Content if we believe it these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate your Accounts without prior notice if you violate these Terms or infringe the rights of others.

6. Links to Third-Party Websites

Some links within the Site may lead to other websites, including those operated and maintained by third parties. Pro Band includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. Third parties’ websites are not subject to our Terms or Privacy Policy. You should carefully review the privacy policies and other conditions of use for such third-party websites.

7. Warranties and Consents

You hereby warrant that all information, whether personal or otherwise, submitted by you via the Site is correct and current. You further warrant that you have the legal right and ability to agree to and be bound by these Terms herein as well as to disseminate any material you upload to the Site. You additionally consent to the use of electronic signatures whenever necessary and acknowledge that such electronic signatures are legally binding and enforceable.

8. Testimonials

The Site may include testimonials, including by current or former customers of Pro Band. Pro Band does not guarantee the accuracy of such testimonials, and in no event shall such testimonials constitute a guarantee, warranty, or prediction regarding your experience with Pro Band.

9. Children

No individuals under 13 years of age are authorized to use the Site. Individuals submitting information via the Site represent that they are over 13 years of age. If you are between the ages of 13 to 18, you must have your parent or guardian’s permission to use the Site and/or to create an Account; by using the Site, you are representing and warranting that you have obtained the necessary permissions do so.

10. Jurisdictional Issues

Pro Band controls and operates the Site from our offices in the United States of America. Only persons located in the United States are authorized to access and use the Site and the Services. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access the Site from other locations do so without authorization, on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. By providing any personal information via the Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States, as well as any other countries where Pro Band’s affiliates or service providers may be located, to the extent consistent with applicable law.

11. Intellectual Property

We retain all right, title and interest, including, without limitation, all Intellectual Property Rights (as defined below), in and to the Offerings and any additions, improvements, updates and modifications thereto. Our name, logo and all product and service names associated with the Offerings are trademarks of Pro Band and its licensors and providers and you are granted no right or license to use them. For purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. You receive no ownership interest in or to the Offerings and, except for the limited rights and licenses granted under these Terms, you are not granted any right or license to use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit, in whole or in part, any Offerings for any purpose without our express, prior written consent.

Any submissions by you to us, such as comments, questions, suggestions, materials (collectively, “Feedback”) through any communication including through the Site, email or over the phone will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

12. Copyright Infringement Notices

We respect the Intellectual Property Rights of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges for users who are repeat infringers of Intellectual Property Rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

  • Identification of the copyrighted work(s) that you claim has been infringed;

  • A description of the material that you claim is infringing and the location of that material on the Site;

  • Your address, telephone number and email address;

  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

YOU CAN CONTACT OUR DESIGNATED AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT:

1483 East Valley Road, Suite #18
Santa Barbara, CA 93108
Phone: 1-800-676-1550
Email: Cservice@proband.com

13. No Warranty; Disclaimer

By using Pro Band’s Site, you agree that, to the extent permissible by law, Pro Band is not liable to you or others for any damages under any theory arising from the Site, your access to or use of the Site, or your reliance on any information on this Site or provided in the course of receiving Services. While we endeavor to create a secure and reliable Site, Pro Band is not responsible for the security of information transmitted via the Internet, the accuracy of information on the Site, or for the consequences of any reliance on such information. You must make your own determination regarding these matters. This Site may be temporarily unavailable from time to time for maintenance or other reasons. You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that you transmit to the Site.

YOU EXPRESSLY AGREE THAT:

(1) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION,

MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Pro Band DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY, WILL BE TIMELY, SECURE, UNINTERRUPTED OR FREE FROM ERRORS OR MALICIOUS CODE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

14. Limitation of Liability

IN NO EVENT SHALL PRO BAND, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES,

OR COST OF SUBSTITUTE SERVICES, EVEN IF PRO BAND OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRO BAND ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER

PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRO BAND IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE

RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Pro Band TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES

OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

15. Prohibited Conduct

You agree to only use Pro Band’s Site for purposes that are lawful and in accordance with these Terms and any applicable law, rules, or regulations. You may not:

  • use Pro Band’s Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;

  • attempt to gain unauthorized access to the Site or the computer systems or networks for the Site through hacking, password mining or any other means;

  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • upload, post, email or transmit, or otherwise make available through Pro Band’s Site any inappropriate, defamatory, infringing, obscene, or unlawful content;

  • upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;

  • upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;

  • run Mail list, Listserv, or any form of auto-responder or “spam” on Pro Band’s Site;

  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;

  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;

  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its users for any unauthorized purpose;

  • submit content that falsely expresses or implies that such content is sponsored or endorsed by Pro Band, any of its affiliates or any third parties

  • use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);

  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

  • use the Site for any commercial purpose whatsoever, other than as allowed herein or otherwise approved by Pro Band.

16. Social Media

Pro Band may, in its sole discretion, offer certain individuals access to Pro Band-affiliated social media groups. While Pro Band encourages individuals to engage in positive and constructive dialogue, Pro Band makes no representations or warranties regarding the behavior or conduct of third parties in such social media groups. If you observe any negative or harmful conduct in such settings – including any of the prohibited conduct detailed in Section 14 – please promptly inform Pro Band using the contact information available in Section 25.

17. Indemnity

You represent and warrant that any information or materials you post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or violate any other rights of any third party. You agree to indemnify, defend and hold Pro Band and its subsidiaries, affiliates, officers, members, employees, agents, and business partners harmless from any claims, damages, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities of any nature whatsoever arising from or relating to: your violation of this Agreement; your use or misuse of the Site and the Content, and/or any products and services available on or via the Site; any information, feedback, suggestions, ideas, content and materials submitted, uploaded or otherwise transmitted by you via or in connection with the Site; your access to or use of any web sites linked to this Site; and any dealings between you and any third parties relating to the Site.

Pro Band maintains the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under this Agreement shall stand even if Pro Band is made aware of the possibility of damage before such damage occurs.

18. Disputes

THIS SECTION SETS FORTH THESE TERMS AND CONDITIONS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND PRO BAND WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PRO BAND TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER.

With respect to any dispute, claim, or controversy arising out of or related to your access or use of the Site, any products sold or distributed through the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if these Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SITE, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF PRO BAND OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE FINALLY RESOLVED BY CONFIDENTIAL ARBITRATION BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the arbitration is commenced, except as they may be modified herein.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Subject to the Batch Arbitration process described below, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (iii) the parties waive and there is no right or authority for any dispute to be brought in a purported collective, representative capacity on behalf of the general public or any other persons, or mass action basis; and (iv) only individual relief is available. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, OR REPRESENTATIVE PROCEEDING.

To increase the efficiency of administration and resolution of arbitrations, you and Pro Band agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Pro Band by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be paid by Pro Band if the party seeking the appointment of the Procedural Arbitrator is Pro Band. The Procedural Arbitrator’s fees shall be shared equally by the you and Pro Band if you are the party seeking the appointment of the Procedural Arbitrator.

You and Pro Band agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration. which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing Pro Band at the following address: 1483 East Valley Road, Suite #18 Santa Barbara, CA 93108. If you opt out of an update, the last set of agreed upon arbitration terms will remain in force.

These Terms and Conditions evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings.

19. NOTICE

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at Cservice@proband.com and discontinue your use of the Offerings. In such event, all rights granted to you pursuant to these Terms shall automatically terminate. Unfortunately, we cannot provide the Offerings to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

20. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region.

21. California Consumer Rights Notice

Pursuant to California Civil Code Section 1789.3, California residents may also be entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this Site are Pro Band Sports Industries, Inc., 1483 East Valley Road, Suite #18 Santa Barbara, CA 93108. Complaints regarding the Site or requests to receive further information regarding use of this Site may be sent by e-mail to Cservice@proband.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

22. Severability and Integration

Unless otherwise specified, this Agreement constitutes the entire agreement between you and Pro Band with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Pro Band with respect to such subject matter. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

23. Contact Information

If you have any questions, please contact Pro Band at Cservice@proband.com.