Hudl Site Terms

Welcome to Hudl’s website. These Hudl Site Terms apply to the Hudl website located at www.hudl.com, and all associated sites owned by Hudl and its affiliates (collectively, the “ Hudl Site”). Agile Sports Technologies, Inc. dba Hudl and/or its affiliates (“Hudl”) provides the Hudl Site to you subject to the following terms of use (“Site Terms”). By visiting the Hudl Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future Hudl products, services, content, or other materials, you will also be subject to the Organization Terms of Service (the “Organization Terms”) governing your use of Hudl’s services.

1. PRIVACY

Please review Hudl’s Privacy Policy, which also governs your visit to the Hudl Site, to understand Hudl’s practices with respect to your personal information.

2. ELECTRONIC COMMUNICATIONS

When you visit the Hudl Site or send emails, feedback, or chats to Hudl, you are communicating with Hudl electronically. You consent to receive communications from Hudl electronically. Hudl will communicate with you by email or by posting notices on the Hudl Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide at this Hudl Site will be deemed non-confidential. Hudl will be free to use such feedback on an unrestricted basis.

3. HUDL INTELLECTUAL PROPERTY

The Hudl Site and the Hudl products and services available on or through the Hudl Site, as well as all content included on the Hudl Site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, (together, “ Hudl Intellectual Property”) are the property of Hudl or its content providers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. Without limiting the foregoing, Agile Sports Technologies, Hudl, the Hudl logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hudl, protected under U.S. and international law, and may not be used without Hudl’s prior written permission. Other parties’ trademarks used, depicted, or identified on the Hudl Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the Hudl Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Hudl’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Hudl and their products or services.

4. LICENSE AND SITE ACCESS

4.1. Hudl grants you a limited license to access and make personal use of the Hudl Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hudl. This license does not include any resale or commercial use of the Hudl Site or its contents; any derivative use of the Hudl Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Hudl in a separate license, your right to use any software, data, documentation, or other materials that you access or download through the Hudl Site is subject to these Site Terms or, if you have a Hudl account, the Organization Terms.

4.2. The Hudl Site or any portion of the Hudl Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hudl. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hudl without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hudl’s name or trademarks without the express written consent of Hudl. Any unauthorized use terminates the permission or license granted by Hudl. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Hudl Site, so long as the link does not portray Hudl, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hudl logo or other proprietary graphic or trademark as part of the link without express written permission of Hudl.

4.3. Hudl reserves the right to withdraw or amend the Hudl Site, and any service or material we provide on the Hudl Site, in Hudl’s sole discretion without notice. Hudl will not be liable if for any reason all or any part of the Hudl Site is unavailable at any time or for any period. From time to time, Hudl may restrict access to some parts of the Hudl Site, or the entire Hudl Site, to users, including registered users. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Hudl Site or any portion of the Hudl Site.

4.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Hudl Site in breach of the Site Terms, your right to use the Hudl Site will stop immediately and you must, at Hudl’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Hudl Site or any content on the Hudl Site is transferred to you, and all rights not expressly granted are reserved by Hudl (or its licensors). Any use of the Hudl Site not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark, and other laws.

5. ACCEPTABLE USE POLICY

By accessing the Hudl Site, you agree to comply with Hudl’s Acceptable Use Policy.

6. LINKS TO OTHER SITES

The Hudl Site contains links to web sites not operated or maintained by Hudl. These links are provided solely as a convenience to you and not as an endorsement by Hudl of the contents of such third party web sites. Hudl is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third party web sites, you do so at your own risk, and waive any and all claims against Hudl regarding the inclusion of links to outside web sites or your use of those web sites.

By using functionality available on the Hudl Site that facilitates livestreaming through YouTube, you agree to be bound by YouTube’s Terms of Service ( https://www.youtube.com/t/terms).

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE HUDL SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE ARE PROVIDED BY HUDL ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUDL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS HUDL SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HUDL SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUDL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HUDL DOES NOT WARRANT THAT THIS HUDL SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE; ITS SERVERS; OR E-MAIL SENT FROM HUDL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUDL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE HUDL SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. APPLICABLE LAW

By visiting the Hudl Site, you agree that the laws of the state of Nebraska, without regard to principles of conflict of laws and not including any provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, will govern these Site Terms and any dispute of any sort that may arise between you and Hudl.

9. DISPUTES

Any dispute relating in any way to your visit to the Hudl Site or to services provided by Hudl or through the Hudl Site shall be adjudicated exclusively in the District Courts of the State of Nebraska in Lancaster County or the Federal District Court of the District of Nebraska (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, Hudl shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

10. NCAA REGULATIONS/OTHER REGULATIONS

Hudl is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Hudl Site, including your use of any Hudl products or services. Accordingly, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “ NCAA Regulations”). Hudl is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Hudl Site, and/or any Hudl products or services. If you act in violation of the NCAA Regulations, Hudl may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Hudl Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. Hudl does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).

11. MODIFICATION, SEVERABILITY, WAIVER, ASSIGNMENT, AND ENTIRE AGREEMENT

11.1. Hudl reserves the right to make changes to the Hudl Site, policies, and these Site Terms at any time. By continuing to use or access the Hudl Site after these Site Terms have changed, you indicate your agreement to the revised Site Terms. If you do not agree to the changes, you should stop using or accessing the Hudl Site.

11.2. Should any provision of these Site Terms be found unenforceable, wherever possible this will not affect any other provision, and each will remain in full force and effect. Hudl’s failure to expressly enforce any provision of these Site Terms does not waive its rights to enforce that or any other provision.

11.3. Hudl may assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion. You may not assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part), without Hudl’s prior written consent.

11.4. These Site Terms, Hudl’s Privacy Policy, Hudl’s Acceptable Use Policy, and any other agreement between you and Hudl (including the Organization Terms, if applicable) constitute the sole and entire agreement between you and Hudl regarding the Hudl Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Hudl Site.

12. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: 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 (800) 952-5210.

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Acceptable Use Policy describes the procedure for making claims of copyright infringement.

14. OPERATOR

This website is operated by Agile Sports Technologies, Inc. dba Hudl, with a business address of 600 P Street, Suite 400, Lincoln, NE 68508.