NFHS NETWORK TERMS OF USE

OVERVIEW

Last updated November 2024. Replaces all prior versions.

Welcome to the NFHS Network. The NFHS Network captures the passion, pride, and energy of the high school experience by delivering live high school sports and events to family members and fans whenever they want, wherever they are. NFHS Network events are available to subscribers online at www.NFHSnetwork.com as well as through the NFHS Network branded iPhone and Android mobile applications.

The following Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented in connection with a specific application, service or feature (collectively, “Terms”), and the Privacy Policy, set forth the terms and conditions that apply to use of the NFHS Network website (the “Website”), mobile application(s) (“Mobile Applications) and other applicable services or products (collectively, the “Services”), however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, "Device(s)"). As used in these Terms of Use, the term “you” or “your” refers to each user accessing the Services. If you do not agree with any of the terms or conditions in these Terms of Use, you must not access or use the Services. Certain Services available to you may require you to register and provide additional information to us, and in certain cases, to our third-party providers, vendors, and processors as a condition of application for and use of those Services. For certain third-party products, you also may be asked to accept the terms and policies of such provider. You should read all applicable terms and policies carefully to ensure you understand how a third-party may use your information. Please read these Terms carefully.

These Terms are subject to change on occasion, so you should review these Terms from time to time, as you will be deemed to accept such changes through your continued use of the Services. We hope you enjoy your experience with the NFHS Network.

ACCEPTANCE OF TERMS OF USE

By using, visiting, or browsing the Services (whether through a web browser or one of our mobile applications), you accept and agree to be bound by these Terms. If you do not agree to these Terms, you cannot use the Services or any element thereof. You accept these Terms when you create an account or become a member of the NFHS Network. Your use of our Mobile Applications is also subject to any additional terms and/or end user license agreements included with these applications.

CHANGES TO TERMS OF USE

The NFHS Network reserves the right, from time to time, with or without advance notice to you, to change these Terms in our sole and absolute discretion. We may notify you of changes in ways such as with a pop-up or by sending you an email to the email address associated with your account. You agree that it is your responsibility to visit these Terms periodically to review any such revisions. By either consenting to the Terms or continuing to access or use the website after revisions are effective, you accept and agree to abide by them. The most current version of these Terms can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages. The most current version of the Terms will supersede all previous versions. The effective date of these Terms is stated below.

PRIVACY POLICY

Any personally identifying information submitted through the Services is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices and procedures for personal information we collect through the Services. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. As applicable, please also note the separate privacy policies for our vendors providing third-party products and services through the Services. By using the Services, you are consenting to receive electronic communications from us related to the Services, your account and our operation and administration of the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

MEMBERSHIP, SUBSCRIPTION AND BILLING

The NFHS Network provides video events and other digital content to visitors to our website and other user interfaces. The NFHS Network reserves the right in its discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Services, (iii) to remove any content from the Services, and/or (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Services or any subscription or access to the Services. We are not liable to you or to any third-party for any such modifications, suspensions or discontinuances of the Services or subscriptions or access.

You may be charged additional fees for the Services, including but not limited to additional amounts owed to us, third-party companies, and/or governmental entities including tax (collectively referred to as "Convenience Fees"). All taxes owed, whether or not itemized as part of the Convenience Fees, are your responsibility. Convenience Fees may vary depending on type of products and services and may be changed at any time.

NFHS NETWORK MEMBERSHIP

Access to certain content on the Services may require an NFHS Network membership, in which case you will be required to establish a valid email address and verified password in order to access this content. The NFHS Network reserves the right, with or without notice to you, to determine which content is accessible either at no charge or via an NFHS Network membership, in our sole and absolute discretion.

NFHS NETWORK SUBSCRIPTION

Access to premium content on the Services may require a paid NFHS Network subscription, in which case you will be required to provide certain information to register as an NFHS Network member, establish a valid electronic payment method with the NFHS Network (“Payment Method”), pay the applicable subscription fee and accept these Terms in order to access this content. As part of the registration process, you may be asked to verify that you are 13 years of age or older and that you have certain permissions from your parent or guardian if you are under the age of 18. If you are under 18, you must involve a parent or guardian in the registration process. Payment processing associated with a subscription may be handled by a third-party payment processor. The current NFHS Network subscription plans and rates are posted at https://www.nfhsnetwork.com/subscribe/retail. Please note that prices and charges are subject to change as determined by NFHS Network in its discretion. The NFHS Network reserves the right to determine which content is accessible via an NFHS Network subscription in our sole and absolute discretion.

ACCOUNT INFORMATION AND PASSWORDS

As an NFHS Network member, you will have access and control over your NFHS Network account. Your control is exercised through use of your username and password; therefore, you should not reveal this information to anyone. You are solely responsible for keeping username, password, Payment Method details and other codes and information pertaining to the Services and your account confidential and secure from unauthorized persons. Accounts are created for personal use only and may not be shared under any circumstances.

BILLING

You can find the specific details regarding your subscription to the Services at any time by clicking on the My Account link on the Services and using your username and password to access this information. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by clicking this link and using your username and password to access your account information.

SPECIALTY CONTENT SUBSCRIPTIONS

In addition to our standard subscription offerings for the Services, we may offer special subscriptions that provide access to specially-produced, premium content or features that are provided on the Services from time to time. Should you wish to access any such special content, you will be required to register, enter a valid Payment Method, and pay the applicable subscription fee as a condition of access to this content. Additional sign-up and payment options may be available to NFHS Network subscribers through the My Account link, as determined by the NFHS Network in its discretion. The current NFHS Network subscription plans and rates may be posted at https://www.nfhsnetwork.com/subscribe/retail. The NFHS Network reserves the right to determine which content or features are accessible only as part of a special subscription or pass in our sole and absolute discretion.

AUTHORIZATION TO CHARGE YOUR PAYMENT METHOD

By starting your NFHS Network subscription, you expressly agree that the NFHS Network is authorized, and may authorize its third-party payment processor, to charge you a fee at the then current published rate for the Services using your selected Payment Method at the time of registration and upon any automatic renewal of your subscription to the Services in accordance with these Terms. Please note that prices and charges are subject to change as determined by the NFHS Network in its discretion. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. You may change your Payment Method as set forth in these Terms.

REFUNDS

All sales related to the Services are final and non-refundable. At any time, and for any reason, we may provide a refund, discount, or other consideration to you ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

AUTO-RENEWAL OF SUBSCRIPTIONS

The NFHS Network Pass will renew automatically at the end of term unless and until you cancel your subscription or submit a request to Customer Services to terminate it. You must either cancel your subscription or change its renewal option to before it automatically renews each cycle in order to avoid billing of the next cycle's subscription fees to your Payment Method on file. Subscription fees are fully earned upon payment and may not be cancelled or refunded. Please note that prices and charges are subject to change as determined by the NFHS Network in its discretion.

CANCELLATION

You may cancel your NFHS Network subscription at any time. To cancel, go to My Account and simply use your username and password to access your account information. Please note, however, that subscription fees are fully earned upon payment and may not be cancelled or refunded.

Third-party Subscriptions. The Services may give you access to third-party subscriptions and other services. Such third-party services may be subject to separate billing and subscription management through the third-party or their authorized agents in which case your billing and subscription relationship will be directly with that third-party. Additional terms may apply. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. The NFHS Network will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.

RIGHT TO TERMINATE

We reserve the right to terminate or restrict your use of the Services, without notice, for any or no reason whatsoever.

HOW OUR STREAMING SERVICES WORK

The NFHS Network is an online service providing its visitors, members, and subscribers with access to high school sports content streaming over the Internet to computers, mobile devices, and other Internet-connected devices. These devices are manufactured and sold by entities other than the NFHS Network. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate and support the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Services will always work. We reserve the right to modify, update and change the Services at any time and from time to time in our discretion.

Availability: The availability of live and on demand content will change from time to time, and from device to device. The quality of the display of our content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access connectivity and charges. Please check with your Internet provider for information on possible Internet data usage charges. The NFHS Network makes no representations or warranties about the quality of your instant watching experience on your display.

Personal Computer Requirements and Device Limitations: You may only use your account to watch the Services on one unique device at a time. We may terminate your account if we determine that you are using your account to access the Services from multiple devices concurrently or if we believe that you have shared your account credentials with other persons in violation of these Terms.

We do not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third-party software nor do we warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. Any issues related to the Services, including any system requirements, are covered, and limited by these Terms. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all of our content may not be watched or may cease to be available for watching through the Services.

Disclaimers of Warranties and Limitations on Liability

THE SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, AND ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, OUR WEBSITE AND USER INTERFACES, OR ANY CONTENT AND SOFTWARE ASSOCIATED THEREWITH. THE NFHS NETWORK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE NFHS NETWORK MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE NFHS NETWORK SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND THE SERVICES AND ANY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Service, including the website and user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Services and/or website or user interfaces, (iv) delivery and or display of any content contained on or through the Service, including the website and/or user interfaces; and (vii) any losses or damages arising from the use of the content provided on or through the Service, including website and/or user interfaces, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, optical media discs or any conduct by users of the Service, including website and/or user interfaces. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current. We do not make any representations with respect to the content contained on video events from the Services or the descriptions of any video event content contained on our website and user interfaces. We do not represent or guarantee that your use of the Services will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representatives, including Customer Service, shall create a warranty or otherwise constitute a representation binding upon the NFHS Network or its affiliated parties.

IN NO EVENT SHALL THE NFHS NETWORK OR ITS SUBSIDIARIES OR ANY OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY PARTY FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF YOUR MOST RECENT SUBSCRIPTION FEE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNITY

You agree that you shall be responsible for and shall defend, indemnify, and hold harmless NFHS Network, its affiliates and their respective employees, affiliates, suppliers, agents and contractors and shall reimburse the foregoing for any damages, losses or expenses (including, without limitation, reasonable attorneys' fees and costs) incurred by any of the foregoing in connection with any claims, suits, judgments, and causes of action arising out of (a) any violation of applicable laws or regulations by you (or any parties who use your account, with or without your permission, to access the Service); (b) your use of the Service, including, without limitation, any data, information or user content that you post or upload to the website; (c) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Services (including any events), your use of any goods or services; (d) your breach of any provision of these Terms; and (e) any liabilities, claims, injuries, death, loss and/or damages of any kind arising from or related to any events.

ELECTRONIC COMMUNICATIONS

You agree that we may make communications available to you by posting them on the Website or sending an email to the email address you provide to us that is associated with your account, or both and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.

INTELLECTUAL PROPERTY

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by NFHS Network, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of the Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the website except as offered for commercial purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the website is transferred to you, and all rights not expressly granted are reserved by NFHS Network. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

COPYRIGHT

The Services, including all content included on any website, mobile applications, and/or user interfaces, or delivered to members as part of the Services, including, but not limited to, video events you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of the NFHS Network or its licensors, and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content, data and any software or other materials provided by the NFHS Network on the Services, including the website and/or user interfaces, or in connection with the Services are the exclusive property of the NFHS Network and its licensors and are protected by the copyright and other intellectual property laws in the territories in which the Services operates and by international treaty provisions. Neither the Services content nor software may be reproduced for any purpose whatsoever. Any use of the Services shall be in strict accordance with these Terms. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services, not to insert any code or product or manipulate the content of the Services in any way, and not to use any data mining, data gathering or extraction method. The NFHS Network reserves the right to terminate your membership and/or use of Services hereunder if the NFHS Network, in its sole and absolute discretion, believes that you are in violation of these Terms or applicable law or that you are otherwise infringing or violating the NFHS Network's proprietary rights in and to the Services and/or any elements thereof. The NFHS Network does not promote, foster, or condone the unauthorized copying of content or video events of any party or any other infringing activity. The use of the Services, including video events, tools and features made available to you by us through the Service, is solely for your personal and non-commercial use. For the sake of clarity, your use of any feature on the Services that enables clipping and sharing of content from the Services and/or use of that content may be implemented only through the tools provided for such feature without any copying of the content and is strictly for personal use and may not be used to distribute, syndicate, or share with others via any commercial site commercial service or commercial page. Other terms may be posted with and apply to use of such features. Please see Claims of Copyright Infringement below for instructions for notifying us of the presence of any allegedly infringing content of the Services, including any on the website and/or user interfaces.

VIDEO PLAYER

You may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Services' video player ("Video Player"), or any of the Video Player's underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. Other restrictions and terms set forth in these Terms applicable to the NFHS Network software shall apply to the Video Player.

TRADEMARKS

NFHS®, NFHS Network®, NFHS Coaching Today®, the NFHS Network logo, NFHSNetwork.com and other marks are registered or common law trademarks of NFHS Network or its affiliates. The Service, website, and user interfaces, including but not limited to its graphics, logos, page headers, button icons, look and feel, scripts and the Services names constitute trade dress of the NFHS Network LLC. The trademarks, service marks and trade dress of the NFHS Network may not be used or reproduced without prior written approval from the NFHS Network and may not be used in connection with any product or service that is not affiliated with the NFHS Network, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of the NFHS Network, or in any manner that disparages or discredits the NFHS Network or its licensors. Other trademarks that appear on the NFHS Network website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the NFHS Network. Any images of persons or personalities contained on the NFHS Network website and user interfaces are not an indication or endorsement of the NFHS Network or any particular product or the Services unless otherwise indicated. Please be aware that persons depicted in such images may have additional right in such images that require consent and/or payment for any use outside the Service.

USE OF INFORMATION SUBMITTED

By submitting comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Materials"), including responses to questionnaires or through postings to the Services, including the NFHS Network website, mobile application(s), and user interfaces, you grant us a perpetual, transferrable, royalty-free license, with right to sublicense, in and to the Materials for use in our discretion via any means, media and format now known or hereafter devised without any obligation to you, including, but not limited to, use in developing, manufacturing and marketing new products and services and in creating, supplementing, modifying and/or improving the Services. Further, you hereby waive any claim or claims against the NFHS Network, its affiliates, licensors, and successors-in-interest regarding use of such Materials. You represent and warrant to us that any and all Materials submitted by you is and will be original to you and does not or will not infringe or violate the rights of any party.

CUSTOMER SERVICE

If you need assistance with your account, you may reach Customer Service at any time via email to Customer Service. Through these resources, you will find the answers to many frequently asked questions and information. The Disclaimers of Warranties and Limitations of Liability and other applicable provisions set forth in these Terms expressly apply to the use of Customer Service. We may utilize the services of third parties in providing you Customer Service support and additional terms may apply.

YOUR CONDUCT IN ACCESSING THE SERVICES

The NFHS Network content features students and certain content is produced by participating schools and their students. As such, the content and the Service are intended to be suitable for a general audience, including students and their friends and family members. The NFHS Network requires an appropriate level of decorum in your use and sharing of our content, similar to what you would encounter by actually visiting a high school event.

By accessing the Services, including the website, mobile application(s) and/or user interfaces, you agree to use the Services, including all features and functionalities associated therewith, the website, the mobile application(s), and/or user interfaces and all content and software associated therewith in accordance with these Terms and all applicable laws, rules, and regulations, including public performance limitations or other restrictions on use of the Services or content therein. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service. You also agree not to impersonate any other person or imply any affiliation with the NFHS Network in connection with your use of the Services, conduct yourself in a vulgar or offensive manner while using the Services, or use the Services for any unlawful purpose.

You agree that all of the foregoing restrictions, as well as the other applicable restrictions set forth in these Terms, apply not only to the Services, but also to the servers and networks connected to any portions of the Services whether operated by the NFHS Network or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else's use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.

You agree that you will NOT use the website, mobile application(s) and/or user interfaces and Services to:

• upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
• stalk, harass, threaten or harm another;
• request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including, but not limited to, any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
• pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another user, an NFHS employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
• engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
• upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware;
• interfere with or disrupt the Services (including accessing the website through any automated means, like scripts or web crawlers), or any servers or networks connected to the website, or any policies, requirements or regulations of networks connected to the website (including any unauthorized access to, use or monitoring of data or traffic thereon);
• plan or engage in any illegal activity; and/or
• gather and store personal information of any other users of the Services to be used in connection with any of the foregoing prohibited activities.

LIMITATIONS ON USE

You must be 13 years of age or older to become a member of the NFHS Network and meet other applicable requirements as set forth in these Terms. Individuals under the age of 18 must also obtain the permission of a parent or guardian who must review and accept these Terms personally and on behalf of such individuals to become a member of the NFHS Network. Unless otherwise specified, the Services, and any content viewed through the Services, are for your personal and non-commercial use only and we grant you a limited, nonexclusive, nontransferable, license to access the Services solely for that purpose. No right, title, or ownership interest in or to the Services or any elements thereof shall be transferred to you.

You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any content, data or other information contained on, or obtained from or through, the Services.

The NFHS Network does not promote, foster, or condone the unauthorized copying of digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Services. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the NFHS Network name or trademarks. Any unauthorized use of the Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership or subscription.

NFHS Network is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

The Mobile Application or its underlying technology may not be downloaded to or exported or re-exported outside of the United States.

CLAIMS OF COPYRIGHT INFRINGEMENT

It is the policy of the NFHS Network to respect the intellectual property rights of others. The NFHS Network does not permit or condone the unauthorized reproduction or distribution of video events or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Service, please notify us via email at Customer Service at customerservice@nfhsnetwork.com. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER; AND MASS ARBITRATION WAIVER.

PLEASE READ THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL.

IF YOU FOLLOW THE PROCEDURES SET FORTH BELOW, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THESE TERMS OF USE AS DEFINED ABOVE (THE “OPT-OUT PERIOD”). OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH NFHS NETWORK THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.

YOU AND NFHS NETWORK AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT — any and all claims, disputes, or controversies between you and NFHS Network, including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of NFHS Network, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (“Dispute”) that arise out of or in any way relate to these Terms of Use, any of the services provided under these Terms of Use or any other services or products that NFHS Network provides to you in connection with these Terms of Use (including but not limited to amounts that NFHS Network charges you for services or products provided, any alleged breach related to the collection, retention or disclosure of your personal information, and any alleged violation of NFHS Network’s Privacy Policy). You and NFHS Network also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to you by NFHS Network or any of its affiliated entities under any other agreement. Notwithstanding this agreement to arbitrate, you and NFHS Network may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court's jurisdiction, or before any other federal, state, or local government agency authorized by law to hear the Dispute.

Arbitration Agreement - Opt Out.

You may opt out of this dispute resolution provision (except for the jury trial waiver contained below) by notifying NFHS Network of that intent during the Opt-Out Period stating that you are opting out of this dispute resolution provision:

DataRequest@playonsports.com

Exercising this right, should you choose to do so, will not affect these Terms of Use with NFHS Network, and you may remain a NFHS user. If you opt out of the dispute resolution provision, that opt out will remain in effect if NFHS Network modifies this section in the future or you agree to extend the term of service under these Terms of Use. On the other hand, if you enter into a new agreement with NFHS Network that includes a dispute resolution provision the new agreement will replace this agreement. In that case, if you want to opt out of that provision, you will need to follow the instructions in that agreement for opting out.

Arbitration Agreement - WAIVER OF MASS ARBITRATION FILINGS.

You and NFHS Network waive the right to file any Dispute as part of a Mass Arbitration Filing. A “Mass Arbitration Filing” includes instances in which you or NFHS Network are represented by a law firm or collection of firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or NFHS Network’s behalf, and the law firm or collection of firms seek to simultaneously arbitrate all arbitration demands. No arbitrator shall arbitrate any Mass Arbitration Filing. If this waiver of Mass Arbitration Filings is deemed unenforceable, neither you nor NFHS Network is entitled to arbitration; instead, all Disputes will be resolved in court as noted below and subject to class action and jury trial waivers.

Arbitration Agreement - Class Action Waiver.

You and NFHS Network agree that all Disputes between you and NFHS Network will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or NFHS Network brings a claim in small claims court, or if for any reason a Dispute is to be heard in a court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor NFHS Network may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or NFHS Network, or if any aspect of the arbitration agreement is found to be unenforceable. We both agree that this class action waiver is an essential part of our agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire Arbitration Agreement set forth in this section will not apply to any Dispute between you and NFHS Network, except for the provisions of this Arbitration Agreement waiving the right to jury trial. This class action waiver may not be severed from our Arbitration Agreement.

Arbitration Agreement - Arbitrator Authority.

The arbitration between you and NFHS Network will be binding. In arbitration, there is no judge and no jury. Instead, our Disputes will be resolved by an arbitrator, whose authority is governed by these Terms of Use. You and NFHS Network agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms of Use. An arbitrator may award attorneys' fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with NFHS Network. Review of arbitration decisions in the courts is very limited.

Arbitration Agreement - Informal Dispute Resolution.

You and NFHS Network agree that you will try to resolve Disputes informally before resorting to arbitration (“Informal Dispute Resolution”). If you have a Dispute, first call Tracy Henson at the following number: 678.218.0909. If the NFHS Network representative is unable to resolve your Dispute in a timely manner, you agree to then notify NFHS Network of the Dispute by sending a written description of your claim to:

DataRequest@playonsports.com

If NFHS Network does not satisfactorily resolve your claim within 30 calendar days of receiving written notice of your claim, then you may pursue the claim in arbitration. Neither you nor NFHS Network may initiate arbitration without first following the Informal Dispute Resolution procedure and thereafter, if the Dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If you are sending a written notice of your intent to file for arbitration to NFHS Network, please send such notice via:

DataRequest@playonsports.com

If NFHS Network is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.

Arbitration Agreement - Arbitration Procedures.

You and NFHS Network agree that this Agreement and the services NFHS Network provides to you affects interstate commerce and that the Federal Arbitration Act and not state arbitration laws applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at WWW.ADR.ORG or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. Upon filing of the arbitration demand, if the arbitrator finds that you cannot afford to pay AAA filing, administrative, hearing, and/or other fees and cannot obtain a waiver from AAA, we will pay them for you if you complied with the Informal Dispute Resolution Process set forth above. In addition, we will reimburse all such AAA filing, administrative, hearing, and/or other fees for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous or you did not comply with the Informal Dispute Resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the AAA Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules.

To initiate arbitration, you must send a letter requesting arbitration and describing your claims to:

DataRequest@playonsports.com

You must also comply with the AAA's rules regarding initiation of arbitration.

You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Except to the extent preempted by or inconsistent with applicable federal law and as otherwise described herein, this agreement is governed by the laws of Georgia without regard to choice of law principles, conflicts of laws rules, or your actual state of residence. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages. Unless otherwise specified herein, any Disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located within Atlanta, Georgia

Arbitration shall be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction over the award or over the applicable party or its assets.

Arbitration Agreement - Jury Trial Waiver.

If for any reason this Arbitration Agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and NFHS Network expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide Disputes between you and NFHS Network if, for any reason, the arbitration agreement is not enforced.

Arbitration Agreement - Survival.

The dispute resolution provision survives the termination of your Services with NFHS Network. If you bring a claim against NFHS Network after termination of your Account that is based in whole or in part on events or omissions that occurred while you were a NFHS Network customer, this dispute resolution provision shall apply.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, PRIVACY POLICY OR THE WEBSITE OR RELATED TO THE WEBSITE AND ITS OFFERINGS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GOVERNING LAW AND SEVERABILITY

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without regard to conflict of laws provisions. You consent to the exclusive jurisdiction and venue of any court of competent jurisdiction in Atlanta, Georgia, with respect to any dispute arising out of or relating to these Terms of Use. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect.

MISCELLANEOUS

Any and all rights not expressly granted to you in these Terms are hereby reserved by NFHS Network.

In no event shall NFHS Network be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that NFHS Network shall use reasonable efforts which are consistent with accepted practices in its industry to resume performance as soon as practicable under the circumstances.

You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder. NFHS Network has no restrictions on assignment of these Terms.

NFHS Network may at any time amend and modify these Terms and your continued use of the Services will be conditioned upon the terms and conditions in force at the time of your use. You may not modify these Terms of Use.

Any Sections that by their nature should survive the termination of your account or expiration of these Terms, or which would reasonably be expected to be performed after the termination of your account or expiration of these Terms, shall survive and be enforceable after termination of your account or expiration of these Terms, including any licenses granted to NFHS Network hereunder which shall survive in accordance with its terms, and the provisions relating to ownership, indemnification, limitations of liability and governing law.

NFHS Network does not waive any provision or right NFHS Network fails to insist upon or enforce strict performance of any provision of these Terms.

Unless otherwise agreed to by you and NFHS Network in writing, these Terms and any other documents incorporated by reference (including hyperlinks) constitute the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.

CONTACTING US

If you have questions concerning your account or these Terms, please contact us at the following:

Customer Service at customerservice@nfhsnetwork.com