KO BROS TERMS OF USE
Effective as of: August 26th, 2020
Revised: August 27th, 2022
PLEASE READ THESE KO BROS TERMS OF USE (“TERMS OF USE”) CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WHEN USING THE KO BROS WEBSITE, INCLUDING THE KO BROS REGISTRATION FORMS (THE “REGISTRATION”), THE KO BROS MEMBER SERVICES (THE “NCAA SUBSCRIPTION SERVICES”), (COLLECTIVELY, THE “WEBSITE”). THESE TERMS OF USE PROHIBIT JURY TRIALS OR CLASS ACTIONS. BY CREATING AN ACCOUNT WITH US OR THROUGH CONTINUED USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY, AND DO NOT CREATE AN ACCOUNT OR CONTINUE TO USE THE WEBSITE UNLESS YOU AGREE FULLY WITH THESE TERMS OF USE.
These Terms of Use constitute an agreement between you and KO Bros, LLC (“we,” “us,” or “KO Bros”), the operator of the Website. These Terms of Use, together with our Privacy Policy (which is incorporated into these Terms of Use by reference, and collectively, the “Agreement”) govern your use of the Website, whether or not you have created an account. You must agree to and accept all of the terms of the Agreement, or you do not have the right to use the Website.
1. This is a Binding Agreement. The Agreement is a legal contract between you and KO Bros. If you register for an event, subscribe to our NCAA Services, or use the Website on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept the Agreement on such individual’s or entity’s behalf.
2. About the Website. The Website will allow users to register their name, address and football specific information (“Registration Data”) and then once registered to disclose their football related injury history (“Injury Data”) to a database on the Website. The Registration Data and Injury Data collected from Website users will be confidentially disclosed to public health authorities who will track and cater to the trending injuries in youth athletes. Unless you opt-out, Registration Data and Injury Data will also be shared with NCAA-affiliated programs as described below.
3. About the NCAA Subscription Services. The NCAA Subscription Services are available to bridge the gap between NCAA collegiate programs and youth athletes, nationwide (“Users”). In addition, unless you opt-out, Registration Data and Injury Data will be shared with all of our registered NCAA Collegiate Subscription Members, and they may contact you (during NCAA regulated contact periods) after reviewing such data to discuss your recruiting situation.
4. KO Bros does not Provide Health Care Services. You may receive information from other users of the Website or from KO Bros (collectively, “Content”). Users with whom you communicate through the Website are solely responsible for the Content they post on the Website. Any Content that you obtain or receive from KO Bros, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Website is for informational purposes only, and is not medical or health advice or counseling. KO Bros does not provide health care, nor does it endorse or recommend health care providers or any specific services they may offer, but it may provide a directory of health care providers offering training or rehabilitative services, connect Users to providers offering treatment related to football specific injuries telephonically and allow NCAA Subscription Members to contact you regarding your Injuries.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED PROVIDER. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF HEALTH CARE. ANY MEDICAL ADVICE RECEIVED FROM PROVIDERS WHOSE CONTACT INFORMATION IS MADE AVAILABLE THROUGH THE WEBSITE, WHO CONTACT YOU OR WHO PROVIDE MEDICAL ADVICE TO CALL CENTER USERS ON A VOLUNTEER BASIS IS PROVIDED BY SUCH PROVIDERS IN THEIR INDIVIDUAL CAPACITIES, AND DOES NOT CONSTITUTE PROFESSIONAL SERVICES PROVIDED BY KO BROS.
5. Trainers. To help you find trainers who may offer football specific training and or rehab services, KO Bros may provide you with lists and/or profiles of Trainers. These results may be filtered based on information that you provide to us, such as geographical location and injuries. KO Bros’ NCAA Subscription Providers may also connect you with Trainers and such Trainers may contact you to discuss your injuries and treatments as discussed in Section 3, above.
In connection with using the Website to locate, and the NCAA Subscription Service, you understand that KO BROS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TRIANER, DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO TRAINERS, THEIR QUALIFICATIONS, OR THE QUALITY OF THE TRAINING SERVICES THEY MAY PROVIDE. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN TRAINER, INCLUDING WITHOUT LIMITATION DETERMINING WHETHER THE TRIANER YOU CHOOSE, OR THE TRAINER WITH WHOM YOU CONNECT THROUGH THE CALL CENTER OR WHO CONTACTS YOU, IS SUITABLE FOR YOUR FOOTBALL SPECIFIC NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. KO Bros encourages you to independently confirm any Content relevant to you with other sources, including a Trainer’s location, the appropriate licensing or certification authorities to verify a Trainer’s listed credentials and education, and professional associations relevant to the Trainer’s specialty.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROVIDERS’ PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR PROFESSIONAL INSURANCE COVERAGE, OR ANY OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE WEBSITE.
6. Your responsibilities. You agree that:
· You must be at least fourteen (14) years of age to register with us or use the Website. If you do not qualify under these Terms of Use, do not use the Website. Use of the Website is void where prohibited by applicable law, and the right to access the Website is revoked in such jurisdictions. By using the Website, you represent and warrant that you are at least 14 years of age and have the right, authority, and capacity to enter into these Terms of Use.
· You are responsible for compliance with any local, state or federal laws applicable to your use of the Website.
· You will comply with the terms of the Agreement.
· To fully benefit from the Website, you must register to a KO Bros camp or event and provide certain football related information about yourself, which you authorize KO Bros to use and disclose as described in the Authorization which appears when you register on the Website.
· When you create an account with KO BRos, you will provide an email address and create a password (collectively, your “Credentials”). Your Credentials may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your Credentials, and are fully responsible for all activities that occur under your Credentials. You will immediately notify us if your password has been stolen or compromised by sending an email to officialkobros@gmail.com.
· You are responsible for ensuring that all information that you provide to KO Bros is accurate and up-to-date.
· You agree to take reasonable precautions in all interactions with Trainers and acknowledge that you assume full responsibility for any and all risk associated with meeting Providers offline or in person.
· You may only use the Website for lawful, non-commercial purposes. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any area of the Website, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Website (including, without limitation, Provider-generated Content, appointment availability, and price information) for any purpose whatsoever.
7. Term and Termination. The Agreement will be in effect and continue so long as you use the Website. KO Brso may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Website. You may also terminate this Agreement by closing your account with us on the Website. Termination of your account will include removal of your access to all offerings of the Website, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Website. Sections 3, 4, 5, 7-16, 18-21 and 23-26 shall survive any termination or expiration of these Terms of Use.
8. Copyright Materials. All materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of KO Bros and/or its licensors and are protected by all United States and international copyright laws.
9. Indemnification. You agree to indemnify, defend, and hold KO Bros harmless from any claims arising out of the use of the Website, breach of this agreement, or violation of any laws or regulations or the rights of any third party by you or any person that you allow to use the Website.
10. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE WEBSITE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT KO BROS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR EFFICACY OF THE WEBSITE. KO BROS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR KO BROS COLLECTS WILL NOT BE DISCLOSED, OR (E) ANY ERRORS IN ANY WEBSITE WILL BE CORRECTED. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK.
11. LIMITATIONS ON LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KO BROS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KO BROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), HOWEVER ARISING, INCLUDING DAMAGES RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE WEBSITE; (B) THE COST OF ANY SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE WEBSITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE WEBSITE; (E) STATEMENTS OR CONDUCT OF ANY PROVIDERS OR OTHER THIRD PARTY, INCLUDING HEALTH CARE SERVICES, WHETHER PROVIDED THROUGH THE WEBSITE OR ELSEWHERE; (F) ANY OTHER MATTER RELATING TO THE WEBSITE; OR (G) ANY BREACH OF THIS AGREEMENT BY KO BROS OR THE FAILURE OF KO BROS TO PROVIDE THE WEBSITE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KO. BROS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED $100.
12. Governing Law and Dispute Resolution. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. Exclusive jurisdiction and venue of any action arising out of this Agreement or your use of the Website will be the state and federal courts located in the District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
13. NO CLASS ACTIONS. YOU AGREE THAT YOU MUST ASSERT ANY CLAIM AGAINST KO BROS INDIVIDUALLY, AND THAT YOUR CLAIMS MAY NOT BE COMBINED WITH ANYONE ELSE’S CLAIMS IN A CLASS ACTION OR ANY OTHER KIND OF JOINT OR REPRESENTATIVE ACTION.
14. NO JURY TRIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND YOU WAIVE OUR RIGHTS TO A JURY TRIAL, AND AGREE THAT ANY CLAIM ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE WEBSITE WILL BE DETERMINED BY A JUDGE OF THE APPROPRIATE COURT.
15. Limited Time for Bringing Claims. Both you and we agree that no suit, arbitration or other legal proceeding connected with this Agreement or your use of the Website may be brought more than one year after the incident giving rise to the claim has occurred.
16. Claims by Others. If anyone other than you brings a claim against KO Bros or its affiliates for damages, loss or injury to the claimant in any way connected with your or the claimant’s use of the Website, including economic loss or death suffered by you or the claimant, you agree that you will indemnify, defend and hold KO Bros and its affiliates harmless from all liability in connection with the claim, and you will pay to us any amount a court or arbitrator orders us to pay or we reasonably agree to pay by way of settlement, plus the amount of our reasonable attorneys’ fees and costs in defending and settling the claim. These claims may include (for example) claims by your family members relating to injury suffered by you or claims by an insurance company that pays under an insurance policy and seeks recovery from KO Bros. You agree that this obligation is binding on your heirs and successors, and applies whether the claimant is claiming in his or her own right, or is subrogated to your rights.
17. Subcontractors. You acknowledge and agree that we may use subcontractors to provide the Website to you. While we attempt to select our subcontractors with reasonable care, we are not liable for any action or inaction on their part, including any failure to contact emergency services. You acknowledge and agree that the provisions of the Agreement limiting our liability inure to the benefit of and are applicable to any third-party contractor engaged by us to provide the Website.
18. Third-Party Sites and Trainers. The Website may contain hyperlinks to Internet websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, the quality or efficacy of their goods or services, or their information privacy or security practices, and we have no responsibility for information, goods or services offered or provided by such third parties, or for the manner in which they conduct their operations. Your use of third-party sites and the materials, goods and services offered by them is entirely at your own risk, and is subject to the terms of use of the third parties operating or providing them. You should assume that any Internet page or other material that does not bear the KO Bros logo is provided by a third party.
19. Agreement Severable. You agree that if any provision of the Agreement is found to be invalid or unenforceable, it will be enforced to the maximum extent possible, and if it is not enforceable it will be severed from the other provisions of the Agreement, and the other provisions will be given full force and effect.
20. Assignment. We may assign the Agreement without restriction. You may not assign the Agreement or your permission to use the Website to anyone else, in whole or in part, by operation of law or otherwise, without KO Bros’ express written consent. Any attempt to do so will be null and void, and of no effect.
21. Refund Policy. Due to travel costs, venue costs, insurance costs, and expenses associated with the shipment of in-camp equipment, KO Bros cannot and will not initiate any refunds. All sales are final. Instead, KO Bros can and will a lot your funds as a credit towards any other event throughout our tour and or training services.
22. Force Majeure. KO Bros will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riots, or acts of God.
23. Non-waiver. The failure by KO Bros to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of the Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect.
24. Notices. All notices required or permitted to be given under the Agreement must be in writing and will be deemed given: (a) upon actual delivery, if made by personal service; (b) if transmitted by electronic mail to KO Bros at officialkobros@gmail.com, or to you at the email address you provided upon registration with KO Bros, as long as, in either case, the party giving notice does not receive a notice that the electronic mail was not delivered; (c) three (3) days after mailing, if mailed by U.S. certified or registered mail, first class postage prepaid; and (d) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
25. Amendments. KO Bros reserves the right to update or change the Website and to amend these Terms of Use or our Privacy Policy at any time, for any reason, by posting the revised Terms of Use and Privacy Policy on our Website at www.kobros.org and recommends that you review both these Terms of Use and the Privacy Policy on a regular basis. Without limiting the foregoing, if we make a change to the Agreement that materially affects your use of the Website, we may post notice or notify you via email or the Website of any such change. You understand and agree that your continued use of the Website after the Agreement have been updated or changed constitutes your acceptance of the revised terms. If you do not agree to the change, you must stop using the Website. THE AGREEMENT CANNOT BE AMENDED BY ORAL STATEMENTS, OR BY USER GUIDES, SERVICE DESCRIPTIONS, ANSWERS TO FREQUENTLY ASKED QUESTIONS, OR OTHER EXPLANATORY OR PROMOTIONAL MATERIAL THAT WE PROVIDE.
26. Entire Agreement. These Terms of use, together with our Privacy Policy and any Authorization you execute,constitute the complete and exclusive agreement between KO Bros and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter.
o I agree and consent to be legally bound by these Terms of Use and the Privacy Policy. I understand that the Terms of Use and Privacy Policy will become binding on me when I register for a KO Bros camp or event and or when I subscribe to the NCAA Collegiate Subscription Services. If you are registering on behalf of the user, you agree that you are his or her personal representative and have the legal authority to sign contracts on behalf of the user and will indemnify, defend and hold KO Bros and its affiliates harmless from any claim, cost or liability that KO Bros or its affiliates that might have been avoided had the user agreed and consented himself or herself.