This agreement is between Courts App LLC (“CourtsApp,” “we”) and the business claiming the facility (“you” or the “Facility”). By checking the box and completing checkout, you agree to it and represent that you have read and understood its terms. Your use of the CourtsApp platform is also subject to our Privacy Policy, which is incorporated by reference. This agreement, and not the CourtsApp Terms of Use, governs your Connected listing and your subscription.
For each facility you claim and pay for, we will display a Connected listing on the CourtsApp platform: a facility page and search card with the information and photos you provide, and a “Book here” button that sends players to the booking URL you provide. We may change listing features, design, placement and ranking at any time.
You will keep your facility information accurate and current and provide a working booking URL you are authorized to use. You grant us a non-exclusive, royalty-free license to display your name, logo, photos and other content on the platform and in CourtsApp marketing, and you confirm you have the rights to grant it. You are responsible for your website and booking system and for everything that happens after a player leaves CourtsApp.
You agree to pay a subscription fee of $50 per facility per month for each facility you claim. We may track clicks and other activity on your listing for analytics and product purposes, and may offer additional paid features from time to time. We may change pricing on 30 days’ notice by email to the address on file.
We charge the card on file automatically for the first month when you complete checkout, and on the same day of each following month in advance. Your subscription renews automatically each month until you cancel in accordance with Section 6. Credit or debit card only. You authorize us and our payment processor (currently Stripe, though we may change processors at any time) to charge recurring fees and any amounts owed under this agreement. Fees are charged in advance and are non-refundable and non-creditable, and we do not prorate partial months. If a charge fails, we may retry it and may immediately suspend or downgrade your listing until all amounts due are paid in full. Fees exclude taxes; you are responsible for any applicable taxes, duties, or government charges.
CourtsApp makes no representations or guarantees regarding any number of clicks, bookings, revenue, placement, or that a click on your listing will produce a booking. Fees are owed whether or not any clicks or bookings result, regardless of booking system errors, website downtime, or any other factor outside CourtsApp’s control.
Month to month, renewing automatically until you cancel. You may cancel at any time in your billing portal; cancellation takes effect at the end of the month you have already paid for, and we do not refund the fee for that month. We may suspend, downgrade, or terminate your listing immediately and without prior notice for non-payment, inaccurate or misleading information, misuse, violation of our posted platform policies, or conduct that we determine in our sole discretion is harmful to CourtsApp, the platform, or other users. We may also terminate for any other reason upon notice to you. When the listing ends for any reason, your facility returns to a free listing.
You represent and warrant that: (a) you have full right, power, and authority to enter into this agreement on behalf of the Facility and to perform all of your obligations hereunder; (b) the execution, delivery, and performance of this agreement have been duly authorized by all necessary power and authority; (c) this agreement constitutes a legal, valid, and binding obligation of the Facility, enforceable against it in accordance with its terms; and (d) the individual executing this agreement on behalf of the Facility has been duly authorized to do so and has full power and authority to bind the Facility to all terms and conditions hereof. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, whether or not authorized by you.
THE PLATFORM AND YOUR LISTING ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COURTSAPP DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COURTSAPP DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, COURTSAPP AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR LOST BUSINESS OPPORTUNITIES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. COURTSAPP’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF (A) THE FEES YOU ACTUALLY PAID TO COURTSAPP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) $1,000. THESE LIMITATIONS APPLY EVEN IF COURTSAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold harmless CourtsApp and its members, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your content, (b) your website, booking system, or facility operations, (c) your breach of this agreement or any representation or warranty herein, (d) your violation of any law or third-party right, or (e) any dispute between you and a player or other third party. CourtsApp will have the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
We may update this agreement at any time by emailing the address on file or, for changes other than to pricing or fees, by posting a new version on our website. Changes take effect 30 days after notice (or immediately for changes required by law or that expand your rights), and your continued use of the listing after that date constitutes acceptance. If you do not agree, your sole remedy is to cancel before the changes take effect.
This agreement is governed by New York law without regard to conflict-of-law principles. Any dispute arising out of or relating to this agreement will be resolved by binding arbitration before the American Arbitration Association under its Commercial Rules in Nassau County, New York, on an individual basis only; class actions, class arbitrations, and representative actions are expressly waived. Notwithstanding the foregoing, CourtsApp may seek injunctive or other equitable relief in any court of competent jurisdiction without posting bond. The parties are independent contractors. You may not assign or transfer this agreement or any rights hereunder without our prior written consent; any attempted assignment without consent is void. We may freely assign this agreement to any affiliate, successor, or acquirer. If any provision is held unenforceable, the remaining provisions remain in effect. This agreement, together with the Privacy Policy, constitutes the entire agreement between us regarding Connected listings and supersedes all prior understandings. Our failure to enforce any right is not a waiver. Notices to you go to the email address in your account; notices to us go to legal@courtsapp.com.