Agreement between User and www.hotcornerathletics.com
Welcome to www.hotcornerathletics.com. The www.hotcornerathletics.com website (the “Site”) is comprised of various web pages operated by Hot Corner Athletics, Inc (“Hot Corner Athletics”). The Site is offered to you conditioned on your acceptance without modificatioon of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.hotcornerathletics.com is a Sports & Recreation Business Site.
Hot Corner Athletics, Inc is a sports and recreation business that focuses on skill development, strength & conditioning, mobility, movement quality, speed training and team practices. Our main focus is to work with athletes in every area of the game – mental, physical and skill training – for the athletes needs. On the Hot Corner Athletics website, we will have opportunities to register for camps, clinics, tournaments, private training, team training, group training, programs and remote training. We will also provide free drills, podcasts, blogs and other information that our community can take and use in their own space to learn more about the game and more about what we do.
Privacy
Your use of www.hotcornerathletics.comis subject to Hot Corner Athletics’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection process.
Electronic Communication
Visiting www.hotcornerathletics.com or sending emails to Hot Corner Athletics constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hot Corner Athletics is not responsible for third party access to your account that results from theft or misappropriation of your account. Hot Corner Athletics and its associates reserve the right to refuse or cancel sercice, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Hot Corner Athletics collects personally identifiable information from children under the age of thirteen. Hot Corner Athletics collects this information for the following reason(s):
Hot Corner Athletics and it’s recreational business model works with athletes from ages 5 through 25 years old, currently. The athletes that are 5 years old through 13 years old will provide birth date information so that we can communicate with them on the following services:
- Camps
- Clinics
- Private Training
- Youth Programs
- Youth Strength & Conditioning Classes
- Youth Team Training
Lastly, we like to have the birth dates is our system so we can showcase that athlete’s birthday when they are here. It’s always welcoming when the athlete knows we care and this is another way that we utilize that information. On top of all that, we provide discounts on their birthday through our marketing emails. When it’s an athlete’s birthday, they will receive a discount for their birthday on their training program. This is another way to give back to our communities and provide for the athletes that we train.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.hotcornerathletics.com only with permission of a parent or guardian.
Cancellation/Refund Policy
For all of our services, teams and individuals must cancel their session outside of the 24 hour window prior to their scheduled session. Cancelling within the 24 hour window may result in the loss of a practice or session. All individual packages have a 45 day expiration window. In the case of sickness and injury, we have certain policies in place to allow leeway to make sure that the athlete is safe and healthy. Please provide doctor’s notes in the case where you will need to miss sessions based on injury or sickness. Those sessions will then be reapplied to your account and extended to use in the future. All monthly packages are sold on a monthly basis. We do this to allow the families and athletes to move up or down in their frequency every month. They are not bound to a contract UNLESS they are a team that’s training for an extended period of time or an athlete that is enrolling/enrolled in a program.
For any questions regarding our cancellation policy, please contact our Office at (716) 689-1000 or email us at info@hotcornerathletics.com
Links to Third Party Sites/Third Party Services
www.hotcornerathletics.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hot Corner Athletics and Hot Corner Athletics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hot Corner Athletics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hot Corner Athletics of the site or any association with its operators.
Certain services made available via www.hotcornerathletics.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.hotcornerathletics.com domain, you hereby acknowledge and consent that Hot Corner Athletics may share such information and data with any third party with whom Hot Corner Athletics has a contractual relationship to provide the requested product, service or functionality on behalf of www.hotcornerathletics.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use www.hotcornerathletics.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Hot Corner Athletics that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as texts, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is property of Hot Corner Athletics or its suppliers and protected y the copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hot Corner Athletics content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hot Corner Athletics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hot Corner Athletics or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Hot Corner Athletics account to third party accounts. By connecting your Hot Corner Athletics account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Hot Corner Athletics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hot Corner Athletics Content accessed through www.hotcornerathletics.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Hot Corner Athletics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hot Corner Athletics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hot Corner Athletics in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising our of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hot Corner Athletics agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOT CORNER ATHLETICS, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HOT CORNER ATHLETICS, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOT CORNER ATHLETICS, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGAD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOT CORNER ATHLETICS, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITTH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE, EVEN IF HOT CORNER ATHLETICS, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TTHE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Hot Corner Athletics reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all discputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hot Corner Athletics as a result of this agreement or use of the Site. Hot Corner Athletics’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hot Corner Athletics’ right to comply with governmental, court and law enforcement requests or requirements relating to youu use of the Site or information provided to or gathered by Hot Corner Athletics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hot Corner Athletics with respect to the Site and it supersedes all prior or contemporaneous and proposals, whether electronic, oral or written, between the user and Hot Corner Athletics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hot Corner Athletics reserves the right, in its sole discretion, to change the Terms under which www.hotcornerathletics.com is offered. The most current version of the Terms will supersede all previous versions. Hot Corner Athletics encourages you to periodically review the Terms to stay informed of our updates.
Contact Information
Hot Corner Athletics, Inc
1051 Lincoln Avenue
Lockport, NY 14094
Email Address
info@hotcornerathletics.com
Telephone Number
+1 (716) 689-1000
Effective as of December 7, 2023