Terms of Use

TERMS AND CONDITIONS

GameDayPop.com

Effective Date: [Insert Date]

Last Updated: [Insert Date]

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "user") and OWNING COMPANY ("Company," "we," "us," or "our"), the owner and operator of the website located at www.gamedaypop.com (the "Site"), governing your access to and use of the Site and the online courses, content, and services offered through it (collectively, the "Services").

BY ACCESSING THE SITE, CREATING AN ACCOUNT, OR PURCHASING A COURSE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1. ELIGIBILITY

You must be at least 18 years of age, or the age of majority in your jurisdiction, to purchase courses through the Site. By using the Site, you represent that you meet this requirement and have the legal capacity to enter into this agreement.

2. ACCOUNT REGISTRATION

To purchase and access courses, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Accounts are personal to you and may not be shared, transferred, or sold. You agree to notify us immediately of any unauthorized use of your account.

3. COURSE PURCHASES AND PAYMENT

All prices are stated in U.S. dollars and are subject to change without notice, except that price changes will not affect purchases already completed. Payment is due in full at the time of purchase and is processed by third-party payment processors. By submitting payment, you represent that you are authorized to use the payment method provided. We reserve the right to refuse or cancel any order, including orders we suspect are fraudulent or made in violation of these Terms.

4. NO REFUND POLICY

ALL SALES ARE FINAL UNLESS OTHERWISE STATED IN WRITING FROM THE COMPANY. Because our courses consist of digital content that is accessible immediately upon purchase, we do not offer refunds, credits, or exchanges for any reason, including dissatisfaction, non-use, or accidental purchase, except where a refund is required by applicable law. By completing a purchase, you expressly acknowledge and agree that you waive any right of withdrawal upon delivery of access to the digital content.

5. LICENSE TO COURSE CONTENT

Upon purchase, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the purchased course content for your own individual, non-commercial, educational use only.

This license does NOT permit you to: copy, reproduce, download (except where a download function is expressly provided), record, or capture course content by any means; share, distribute, publish, transmit, resell, sublicense, or make course content available to any third party, including by sharing account credentials; modify, adapt, translate, or create derivative works from course content; use course content to create, train, or improve any competing product, service, or artificial intelligence model; remove, alter, or obscure any copyright, trademark, watermark, or other proprietary notice; or circumvent any technological measure that controls access to course content.

This license terminates automatically upon any violation of these Terms or upon termination of your account.

6. INTELLECTUAL PROPERTY RIGHTS

All content on the Site, including but not limited to courses, videos, audio, text, graphics, images, logos, trademarks, course materials, workbooks, downloadable resources, curricula, software, and the selection and arrangement thereof, is the exclusive property of OWNING COMPANY or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

Purchase of a course conveys only the limited license described in Section 5 and transfers no ownership interest of any kind. "GameDayPop" and associated logos are trademarks of OWNING COMPANY and may not be used without our prior written consent.

Unauthorized use of our intellectual property constitutes infringement and may subject you to civil liability, including statutory damages under the U.S. Copyright Act of up to $150,000 per work willfully infringed, and, where applicable, criminal penalties. We actively monitor for unauthorized distribution of our content and will pursue all available legal remedies.

7. USER CONDUCT — PROFESSIONALISM AND RESPECT

The Site may include community features such as comments, discussion areas, reviews, or live sessions. You agree at all times to conduct yourself in a professional, courteous, and kind manner in all interactions on or related to the Site, including interactions with other users, instructors, and Company staff.

Without limiting the foregoing, you agree that you will NOT: harass, bully, threaten, demean, defame, or intimidate any user, instructor, or staff member; post or transmit content that is abusive, hateful, discriminatory, obscene, sexually explicit, or otherwise objectionable; disrupt courses, live sessions, or community discussions; impersonate any person or entity or misrepresent your affiliation; post spam, advertisements, or solicitations without our written consent; or submit false, misleading, or defamatory reviews or statements about the Company or its courses.

8. MALICIOUS ACTIVITY — PROHIBITED CONDUCT

You are strictly prohibited from engaging in any malicious activity on or against the Site, which includes without limitation: attempting to gain unauthorized access to the Site, other user accounts, or Company systems; introducing viruses, malware, or other harmful code; scraping, data mining, or using bots, spiders, or automated means to access the Site or extract content; interfering with or disrupting the Site, its servers, or networks, including denial-of-service attacks; circumventing, disabling, or tampering with security features or content protection measures; engaging in fraud, including fraudulent purchases, chargebacks made in bad faith, or payment fraud; sharing, reselling, or distributing course content or account access; and any conduct described in Section 7 above.

9. TERMINATION FOR VIOLATION — NO REFUND

THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO IMMEDIATELY SUSPEND OR PERMANENTLY TERMINATE YOUR ACCOUNT AND REVOKE ALL ACCESS TO PURCHASED COURSES, WITHOUT PRIOR NOTICE, IF WE DETERMINE THAT YOU HAVE ENGAGED IN MALICIOUS ACTIVITY, UNPROFESSIONAL OR ABUSIVE CONDUCT, INFRINGEMENT OF OUR INTELLECTUAL PROPERTY, OR ANY OTHER VIOLATION OF THESE TERMS.

IF YOUR ACCOUNT IS TERMINATED FOR ANY SUCH VIOLATION, YOU WILL NOT BE ENTITLED TO ANY REFUND, CREDIT, OR COMPENSATION OF ANY KIND FOR AMOUNTS PAID, AND ALL LICENSES GRANTED TO YOU UNDER THESE TERMS TERMINATE IMMEDIATELY. You acknowledge and agree that forfeiture of paid amounts upon termination for cause is a reasonable consequence of your breach and not a penalty.

Termination does not limit any other rights or remedies available to the Company at law or in equity, including the right to seek damages and injunctive relief.

10. USER SUBMISSIONS

If you post comments, reviews, or other content on the Site ("Submissions"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, and distribute such Submissions in connection with the Site and our business. You represent that your Submissions are your own, are accurate, and do not violate the rights of any third party. We may remove any Submission at our discretion.

11. DISCLAIMER OF WARRANTIES

THE SITE AND ALL COURSES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. COURSES ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY; THE COMPANY MAKES NO GUARANTEE OF ANY PARTICULAR RESULT OR OUTCOME FROM TAKING ANY COURSE.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. Nothing in these Terms limits rights you may have under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., that cannot be waived by agreement.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its members, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your infringement of any intellectual property or other rights, or your misuse of the Site or Services.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction and venue of such courts. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION, TO THE EXTENT PERMITTED BY LAW.

Any claim arising out of or relating to these Terms must be filed within one (1) year after the claim arose, or it is permanently barred, to the extent permitted by applicable law.

15. INJUNCTIVE RELIEF

You acknowledge that unauthorized use or distribution of the Company's course content would cause irreparable harm for which monetary damages would be inadequate, and you agree that the Company shall be entitled to seek injunctive relief in any court of competent jurisdiction, without the requirement of posting a bond, in addition to all other remedies.

16. MODIFICATIONS TO THE SITE AND TERMS

We reserve the right to modify, suspend, or discontinue the Site or any course at any time. We may revise these Terms from time to time by posting the updated version on the Site with a revised "Last Updated" date. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms. Material changes will not retroactively reduce access to courses you have already purchased, except as provided in Section 9.

17. GENERAL PROVISIONS

(a) Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Site.

(b) Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

(d) Assignment. You may not assign these Terms; the Company may assign them in connection with a merger, acquisition, or sale of assets.

(e) Force Majeure. The Company is not liable for delays or failures caused by events beyond its reasonable control.

(f) Survival. Sections 4, 5, 6, 9, 10, 11, 12, 13, 14, and 15 survive termination of these Terms or your account.

18. CONTACT

Questions about these Terms may be directed to:

OWNING COMPANY

Attn: Legal

Email:[email protected]