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Request for Services Agrement

ATHLETES REQUEST FOR SERVICES AGREEMENT

Last updated on February 20, 2025

 

 

1. ACCEPTANCE OF THIS AGREEMENT

Your access to, use of, or participation in the Request for Services Program, (as defined in Paragraph 3) is subject to this Athletes Request for Services Agreement (“Agreement”) and all applicable Viafina Sports, LLC, (“Viafina Sports”), regulations, guidelines, and agreements. This Agreement, the General Terms of Use, and the Viafina Sports Privacy Policy, which are hereby incorporated herein, constitute legally-binding contracts between you and Viafina Sports.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Athletes Request for Services Program in any manner. You may not access, use, and/or participate in the Request for Services if you are under 18 years of age.

This Agreement shall be effective on the date accepted by you, which shall be the date you access the Websites and use, or attempt to use, the Request for Services Program. Viafina Sports reserves the right to immediately terminate this Agreement for any reason at any time.

 

2. MODIFICATIONS TO THIS AGREEMENT

Viafina Sports reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Viafina Sports will post any amended Agreements on its website in the same location where the prior Agreement was posted. It is your responsibility to review the Agreement for any changes. Your continued use of the Request for Services Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in any Request for Services Program.

 

3. DESCRIPTION OF THE REQUEST FOR SERVICES PROGRAM

The Request for Services Program is intended to provide a quick and easy way for Viafina Sports’ members or non-member, (“Athletes”), visiting Viafina Sports' websites, mobile application, if any, or other Viafina Sports’ tools or Websites, to find a Service Provider who is interested in providing the requested service, (i.e. ice-skating instruction). The goal is to connect Athletes, like you, with a Service Provider who will quickly communicate their availability and acceptance of the service requested should the Athlete engage their services.

 

 

4. THE INFORMATION YOU PROVIDE 

Upon using Viafina Sports, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by the Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Viafina Sports and/or a Service Provider and thus agree to be contacted by Viafina Sports and/or a Service Provider. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Viafina Sports has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Viafina Sports has the right to refuse any current or future use of the Request for Services Program (or any portion thereof) or any other Viafina Sports services by you. You are responsible for any use of the Request for Services Program or any other Viafina Sports services by persons to whom you intentionally or negligently allow access to your password.

 

5. YOUR CONDUCT

In connection with your participation in the Request for Services Program and use of the Websites, you represent and warrant that you:

  1. Are above the age of eighteen (18);

  2. Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;

  3. Will not request any service, or submit content that may be considered by Viafina Sports to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;

  4. Will submit thorough and thoughtful requests for service that will provide Service Providers with accurate and detailed information sufficient for them to understand your needs;

  5. Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Viafina Sports, or otherwise attempt to mislead others as to your identity;

  6. Will not submit requests for services or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer Request for Services Program routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Websites;

  7. Will not access, download or copy any content contained on our Websites through artificial means (including but not limited to spiders, hacking devices, computer Request for Services Program routines, bots or other such means);

  8. Will not take any action that would undermine the Request for Services Program or Websites;

  9. Will not attempt to gain unauthorized access to our Websites, other user accounts, or other computer systems or networks connected to the Websites;

  10. Will not use the Websites in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

  11. Will not use the Websites in any way that could interfere with the rights of Viafina Sports or the rights of other users of the Websites;

  12. Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Viafina Sports in connection with the Request for Services Program;

  13. Agree not to re-sell or assign your rights or obligations under this Agreement;

  14. Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Websites;

  15. Will not access the Websites for any commercial, educational or other purposes not related to your personal purchasing decisions, without the express written consent of Viafina Sports, which consent may be withheld by Viafina Sports in our discretion;

  16. Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Websites and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and

  17. Agree not to create an account or use Viafina Sports services if your account previously has been terminated by Viafina Sports or if you previously have been banned from using the services.

Any content that you provide does not reflect the views of Viafina Sports, its officers, managers, owners, employees, agents, designees or other users. In addition, Viafina Sports retains the right, in its sole discretion, to determine whether or not your use of the Request for Services Program or Websites is consistent with the terms and conditions of this Agreement. Viafina Sports may suspend, restrict or terminate your use of the Request for Services Program and to refuse any future use of all or portions of the Request for Services Program or Websites if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Viafina Sports may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

 

6. VIAFINA SPORTS IS NOT A SERVICE PROVIDER OR SELLER OF MERCHANDISE

Viafina Sports is not the Service Provider or Seller of Merchandise, is not in the business of providing the services or merchandise entered into between you and the Service Provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such Service Provider or Service Contract. Except as provided herein, you shall solely look to the applicable Service Provider for the facilitation of services or sale of goods. Viafina Sports is merely operating the Request for Services Program and Websites that help connect you with the Service Provider interested in satisfying your request for service.

 

7. PUBLICATION AND DISTRIBUTION OF CONTENT

Viafina Sports does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Websites. You acknowledge that Viafina Sports simply acts as a passive conduit and an interactive computer Service Provider for the publication and distribution of content posted by you or a Service Provider. You understand that all content posted on, transmitted through, or linked through the Websites, are the sole responsibility of the person from whom such content originated. You understand that Viafina Sports does not control, and is not responsible for content available through the Websites, and that by using the Websites, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with the use of any content.

You further acknowledge that Viafina Sports has no obligation to screen, preview, monitor or approve any content published by you, a Service Provider, or a third party. However, Viafina Sports reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Request for Services Program and using the Websites, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Websites. Under no circumstances will Viafina Sports be liable in any way for any content provided by you, a Service Provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Websites. You waive the right to bring or assert any claim against Viafina Sports relating to your content or the content or a Service Provider or other third party, and release Viafina Sports from any and all liability for or relating to any such content.

 

 

 

8. SERVICE PROVIDERS

The applicable Service Provider shall be solely responsible for providing services and sale of goods, and any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services or sale of goods.

Viafina Sports does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any Service Provider. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, Viafina Sports is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Viafina Sports. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

You agree that Viafina Sports is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with Service Providers, waive the right to bring or assert any claim against Viafina Sports relating to any interactions or dealings with any Service Provider, and release Viafina Sports from any and all liability for or relating to any interactions or dealings with Service Providers.

Viafina Sports may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, Viafina Sports DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 14 (WARRANTY DISCLAIMER), OR SECTION 15 (LIMITATION OF LIABILITY).

 

9. MINIMUM AGE

If you are under the age of eighteen (18), you are prohibited from participating in any Request for Services Program.

 

10. MODIFICATION, LIMITATION, AND DISCONTINUANCE

Viafina Sports reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Request for Services Program. You agree that Viafina Sports will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Request for Services Program. You agree that Viafina Sports may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Request for Services Program.

 

11. DELAYS

Viafina Sports is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.

 

12. FEEDBACK

Viafina Sports appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Request for Services Program and any other Viafina Sports product, Request for Services Program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.

Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Viafina Sports. In addition, none of the Submissions will be subject to any obligations of confidentiality and Viafina Sports will not be liable for any future use or disclosure of such Submissions.

 

13. COPYRIGHT MATERIALS

You acknowledge and agree that all content and other information on the Websites, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Viafina Sports or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.

 

14. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE REQUEST FIR SERVICES PROGRAM AND WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT VIAFINA SPORTS ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE REQUEST FOR SERVICES PROGRAM AND WEBSITES. VIAFINA SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR VIAFINA SPORTS COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE REQUEST FOR SERVICES PROGRAM AND USE OF THE WEBSITES IS AT YOUR OWN RISK.

 In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

 

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIAFINA SPORTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VIAFINA SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE REQUEST FOR SERVICES PROGRAM AGREEMENT AND WEBSITES, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT VIAFINA SPORTS IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE WEBSITES, VIAFINA SPORTS’ LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THIS AGREEMENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IF VIAFINA SPORTS CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO VIAFINA SPORTS THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR VIAFINA SPORTS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY VIAFINA SPORTS. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY VIAFINA SPORTS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT VIAFINA SPORTS SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

 

 

 

16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Viafina Sports, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Service Providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Request for Services Program, the Websites, or any service contract entered into between you and a Service Provider; or (c) any violation of any rights of another or harm you may have caused to another. Viafina Sports will have sole control of the defense of any such damage or claim.

 

17. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

  1. You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Viafina Sports to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Viafina Sports’ damages for the specified breaches of this Agreement.

  2. If you post content in violation of this Agreement, you agree to promptly pay Viafina Sports One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.

  3. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.

  4. If you use computer Request for Services Program routines that are intended to aggregate records or content from the Websites or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Websites, you agree to pay One Thousand Dollars ($1,000) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.

  5. Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Viafina Sports, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

 

 

 

18. NOTICE

You agree that Viafina Sports may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Websites. All notices to Viafina Sports will be provided by either sending a letter, first class certified mail, to Viafina Sports, LLC, PO Box 585, Purchase, NY 10577. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Viafina Sports will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Viafina Sports, LLC, PO Box 585, Purchase NY 10577, or email to Email: admin@Viafinasports.com.

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;

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

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Viafina Sports will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

 

 

 

 

19. MUTUAL ARBITRATION AGREEMENT

  1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Viafina Sports, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Viafina Sports may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Viafina Sports. Viafina Sports’ address for such notices is: Viafina Sports, LLC, Attn: Legal Department, PO Box 585, Purchase, NY 10577.

  2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Viafina Sports agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.

  3. Excluded Disputes. You and Viafina Sports agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

  4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To  the fullest extent permitted by applicable law, You and Viafina Sports agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

  5. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

  6. Severability. You and Viafina Sports agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

 

20. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (either of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.

 

21. LIMITATIONS PERIOD

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to your participation in the Request for Services Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

 

22. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Viafina Sports, LLC, PO Box 585, Purchase, NY 10577. If you have any questions, concerns, or complaints regarding the Services, please contact Viafina Sports, LLC. by sending a letter, first class certified mail, to Viafina Sports, LLC, PO Box 585, Purchase, NY 10577.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

23. ASSIGNMENT

You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Viafina Sports.

24. WAIVER

Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.

 

25. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

 

26. ENTIRE AGREEMENT

This Agreement along with other Viafina Sports’ agreements, including but not limited to, Terms of Use, Privacy Policy, etc. entered into by you and Viafina Sports governs your use of the Request for Services Program and constitutes the entire agreement between you and Viafina Sports with respect to the Request for Services Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Viafina Sports regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a Service Provider. You represent and warrant that those third-party agreements (including any such service contract) do not interfere with your obligations and duties to Viafina Sports under this Agreement.

 

27. BINDING EFFECT

This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Viafina Sports and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITES. OR PARTICIPATE IN THE REQUEST FOR SERVICES PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

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