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ATHLETE TO ATHLETE TERMS OF SERVICE


Date of Last Revision: May 1, 2026


Athlete To Athlete Inc. (“Company,” “we,” “us,” or “our”) provides an internet platform for virtual mentorship services performed by independent college athletes (“Mentors”) through the website(s) located at https://www.athletetoathlete.com/ and one or more mobile application(s) (the “Site”) (collectively, the Site and all related features, functionalities and technologies, the “Service”). Access to and use of the Service is strictly subject to all the terms and conditions contained in these Terms of Service (“Terms of Service”). 


1. Binding Agreement; Agreement to Arbitrate; Privacy Policy


A. Binding Agreement – Age of Consent. These Terms of Service constitute a binding, legal agreement between you and the Company. You must be at least eighteen (18) years old to agree to these Terms of Service. If you are not at least 18 years old or have not read, do not understand, or otherwise do not accept or agree to any of the terms and conditions of these Terms of Service, you shall exit immediately and not access, browse, or otherwise use the Site or the Service. 


B. Agreement to Arbitrate. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO ARBITRATE ALL DISPUTES, CLAIMS, DEMANDS AND CAUSES OF ACTION (“CLAIMS”). THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS AGAINST THE COMPANY PARTIES (DEFINED BELOW) TO BINDING AND FINAL ARBITRATION, AND FURTHER THAT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY PARTIES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (ii) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF AGAINST THE COMPANY PARTIES (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (iii) YOU WILL NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST THE COMPANY PARTIES RESOLVED BY A JUDGE, JURY OR OTHERWISE IN A COURT OF LAW.

C. Changes to Terms of Service. We reserve the right to change or modify these Terms of Service at any time (“Updated Terms of Service”). We will post the Updated Terms of Service on this page and will indicate the date of the Updated Terms of Service. We will also notify you of the Updated Terms of Service to the primary email associated with your account. Your continued access to or use of the Site or Service after the effective date of the Updated Terms of Service constitutes your acceptance of the Updated Terms of Service. If you do not agree to abide by the Updated Terms of Service, you shall exit immediately and not access, browse, otherwise use (or continue to access, browse, or use) the Site or Service. Together, these Terms of Service and any Updated Terms of Service shall be referred to herein as the “Terms of Service”. 


D. Additional Terms. When using certain features of the Service, you may be subject to any additional terms applicable to such features that will be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.


E. Privacy Policy. We respect your privacy. For more information, please see our Privacy Policy located at https://athletetoathlete.com/privacy-policy (the “Privacy Policy”). By using the Service, you consent to the collection, use, storage and disclosure of personal data and other data as detailed in the Privacy Policy.


2. Access to and Use of the Service by Minors


A. Parental Consent. If you are under eighteen (18) years old, you may access and use the Service only with the express consent and supervision of a parent or legal guardian. By permitting a minor to access or use the Service, the parent or legal guardian represents and warrants that he or she: (a) is the lawful parent or legal guardian of the minor; (b) has the legal authority to consent to the minor’s use of the Service; and (c) agrees to be fully responsible for the minor’s use of the Service and compliance with these Terms of Service. The parent or legal guardian, on behalf of himself or herself and the minor, expressly consents to the minor engaging in direct, one-on-one communications with Mentor(s) through the Service, including by text, phone, and video. The parent or legal guardian further acknowledges and agrees that such communications may be monitored and recorded as more fully described below and in accordance with the Privacy Policy.


B. Release of Company Parties. The parent or legal guardian acknowledges and understands that the Mentor(s) performing mentoring sessions are adults and that the Service facilitates introductions and communications between minors and such Mentor(s). By allowing the minor to use the Service, the parent or legal guardian assumes full responsibility for the minor’s participation and any interactions occurring through the Service or any other medium, virtual or in-person. To the fullest extent permitted by applicable law, the parent or legal guardian agrees on behalf of himself or herself and the minor to release, waive, and hold harmless the Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (the “Company Parties”) from and against any and all Claims arising out of or relating to: (i) the minor’s access to and/or use of the Service; (ii) the minor’s participation in mentoring sessions; (iii) any communications or interactions between the minor and any Mentor through the Service or any other medium, virtual or in-person; and (iv) the monitoring and recording of mentoring sessions as more fully described below and in accordance with the Privacy Policy. 


C. Indemnification of Company Parties. The parent or legal guardian further agrees to defend, indemnify, and hold harmless the Company Parties from and against any and all Claims (including reasonable attorneys’ fees) brought by or on behalf of the minor, the parent or legal guardian, or any other third party arising out of or related to: (i) the minor’s access to and/or use of the Service; (ii) the minor’s participation in mentoring sessions; (iii) any communications or interactions between the minor and any Mentor through the Service or any other medium, virtual or in-person; and (iv) the monitoring and recording of mentoring sessions as more fully described below and in accordance with the Privacy Policy. For purposes of these Terms of Service, the terms “you,” “your,” and “yourself” refer collectively to the parent or legal guardian agreeing to these Terms of Service on behalf of himself or herself and the minor child(ren) for whom the parent or legal guardian has authorized to access and/or use the Service.


3. Consent to Record Mentoring Sessions; License; Release


A. Notice of Recording. The Company may record, monitor, and retain audio, video, screen displays, chat messages, file transfers, and other communications occurring during mentoring sessions conducted through the Service (each a “Recording”). 


B. Express Consent to Record. BY AGREEING TO THESE TERMS OF SERVICE, YOU HEREBY PROVIDE YOUR PRIOR EXPRESS CONSENT TO RECORD MENTORING SESSIONS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO PROVIDE SUCH CONSENT ON BEHALF OF THE MINOR SUBJECT OF THE RECORDINGS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT: (i) THIS CONSENT IS INTENDED TO SATISFY AND CONSTITUTE PRIOR CONSENT UNDER ALL APPLICABLE FEDERAL AND STATE LAWS GOVERNING THE INTERCEPTION OR RECORDING OF COMMUNICATIONS, INCLUDING JURISDICTIONS THAT REQUIRE THE CONSENT OF ALL PARTIES; AND (ii) IF YOU DO NOT CONSENT TO A RECORDING, YOU MUST NOT JOIN AND/OR IMMEDIATELY DISCONTINUE PARTICIPATION IN THE MENTORING SESSION.


C. Purpose of Recordings. Recordings may be accessed, reviewed, reproduced, and retained for the following purposes: (i) trust & safety, risk management and platform integrity; (ii) dispute resolution, including investigations; (iii) compliance with legal obligations, including requests for information and subpoenas; (iv) quality assurance and training; (iv) development and improvement of the Service and other Company offerings; and (v) as otherwise set forth in the Privacy Policy.


D. License Grant. To the extent you have any rights in or to any Recordings, you hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, store, process, modify (for technical purposes), and display such Recordings for the purposes described in these Terms of Service.


E. Release and Waiver. To the fullest extent permitted by law, you: (i) release and hold harmless the Company Parties from any and all Claims arising out of or relating to the Recordings, including any use, access, review, reproduction, and/or retention; (ii) waive any Claims under state and/or federal wiretap, eavesdropping, privacy, or similar laws based on the Recordings; and (iii) waive any right to inspect, approve, modify or edit Recordings. Nothing in this Section limits any non-waivable rights under applicable law.


4. Fees, Payment Plans, Package Expiration and Related Policies


A. Fees. Access to the Service is available for a fee, and you will be required to select a Payment Plan (defined below) based on the number of mentoring sessions you wish to purchase (each, a “Package”) and provide information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and correct and that you are authorized to use the credit card or other payment instrument. You will promptly update your account information with the Company or Stripe (defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date, or if you no longer have authority to use the payment instrument) that may occur during your use of the Service. You agree to pay the Company the amount that is specified in the Payment Plan in accordance with the terms of such plan and these Terms of Service. 


B. Payment Plan and Expiration of Packages. For clarity, you will be charged weekly or bi-weekly for each Package purchased, at the billing frequency you select at checkout (“Payment Plan”). The Payment Plan is designed for your benefit so that you may pay for the Package over time and do not have to pay for the entire Package at one time. The Payment Plan does not correspond to the timing of the mentoring sessions. All Packages expire, and mentoring sessions in such Package must be used on or before, two (2) years from the date the Package was purchased. Any unused mentoring sessions will no longer be available to you after the Package expires, and no refunds or credits will be issued therefor. None of the Packages, or Payment Plans therefor, automatically renew. If you want to purchase another Package, you may do so through the Site or by contacting us via email at [email protected] or by phone at (720) 459-6157. 


C. Cancellation Notice Requirement. You are required to provide a minimum of 24 hours’ notice to cancel or reschedule a scheduled mentoring session. If you do not show up to a scheduled mentoring session or cancel a scheduled mentoring session with less than 24 hours’ notice, you will be responsible for the full cost of such mentoring session and will not be entitled to a credit or refund for such mentoring session. 


D. Refunds and Early Termination Fees. Payments made for Packages are final and non-refundable, except as set forth in this section and as otherwise required by applicable law. You may terminate a Package early by agreeing to pay a pro rata Early Termination Fee for each unused mentoring session remaining in such Package as follows: 


Early Termination Fee = 30% of the remaining balance of mentoring sessions under the Package


If a Package is fully paid or you have paid an amount greater than the amount of the Early Termination Fee, then you will be entitled to a refund for the difference between the amount paid and the Early Termination Fee. In order to terminate a Package early, you must provide notice to the Company by email at [email protected]. 


E. Payment Disputes. If you dispute any charge(s), you must inform the Company within sixty (60) days after the date that the Company charges you, or within such longer period of time as may be required under applicable law at the time of the dispute, setting out: the amount disputed, the date of the charge, and the reason behind the dispute. We shall aim to resolve any disputes under this paragraph in a reasonable and timely manner. If these cannot be resolved, we reserve the right to escalate the dispute(s) to the applicable regulator. 


F. Change of Fees. We reserve the right to change the fees for the Service at any time. If the Company changes the fees, the Company will provide notice through the Service user interface, a pop-up notice or email. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount applicable to future Packages. You will be responsible for all taxes associated with the Service, other than taxes based on the Company’s net income.


G. Upgrade/Downgrade. You may upgrade or downgrade a Package at any time, and the fees shall be updated accordingly. 


H. Payment Processing. Notwithstanding any amounts owed to the Company hereunder, the COMPANY DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. Stripe provides these payment processing services and such services are subject to Stripe’s own terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users who use the Service's payment functions also agree to be bound by the Stripe Agreements for the payment function they use, as modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after it has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe if you require more information. The Company assumes no liability and/or responsibility for any payments you make through the Service using Stripe. 


5. Conditions of Access and Use


A. User Conduct. You are solely responsible for all images, files, information, data, text, photographs, graphics, messages, and other materials (“content”) that you make available to Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by the Company. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:


  1. email or otherwise upload any content that: (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) 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; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (g) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  3. violate any applicable local, state, national, or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  9. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
  10. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
  11. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.


B. Suspension and Termination. You acknowledge and agree that the Company, in its sole discretion, may suspend or terminate your access to or use of the Site and/or Service and remove and discard any User Content, for any reason or for no reason at all and with or without notice, including for lack of use or if the Company believes that you have violated or acted inconsistently with the Service or spirit of these Terms of Service. Any suspected fraudulent, abusive, inappropriate, or illegal activity that may be grounds for suspension or termination may subsequently be referred to appropriate law enforcement authorities. If you are suspended, terminated or otherwise blocked by the Company from using the Site and/or Service (including by blocking your email, device or IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).


C. Registration Obligations. You will be required to provide information about yourself (e.g., name and email address) in order to create an account on the Site and use the Service. If you choose to create an account on the Site and/or use the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. 


D. Member Account, Password and Security. You are solely responsible for maintaining the confidentiality of your password and account details and for all activities that occur under your account. You agree to: (i) immediately notify the Company of any unauthorized use of your account or any other breach of security or use of your password; and (ii) ensure that you exit from your account at the end of each session when accessing the Service. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.


E. Modifications to Service. The Company reserves the right, in its sole discretion and at any time with or without notice, to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (or any part thereof). 


F. General Practices Regarding Use and Storage. You acknowledge and agree that the Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company’s or its third-party service providers’ servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


G. Competitors. No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without the express written permission from the Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of the Company or any of its affiliates, or acting on behalf of a competitor of the Company in using or accessing the Service.


H. No Commercial Use: The Service is for your personal use only and no other purpose. Unless otherwise expressly authorized by the Company, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. 

I. Third-Party Services and Websites. The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. The Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of third parties providing Third-Party Services before using such services. You, and not Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The Company enables these Third-Party Services merely as a convenience, and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.


6. Mobile Services and Software


A. Mobile Services. The Service includes certain services that are available via a mobile device, including the ability to upload User Content to the Service via a mobile device and the ability to browse the Service from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.


B. Telephonic Communications Services. By using the Service and providing us with your telephone number(s), you are consenting to be contacted by the Company or its affiliates by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational or other purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, or other telephonic communications. You do not have to consent to receive calls or text messages from the Company or its affiliates or partners for marketing or solicitation purposes to purchase the Company’s products or services. In the event you no longer wish to receive such calls, text messages, or other telephonic communications, you agree to notify Company or its affiliates, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information held by the Company to ensure that your messages are not sent to a person who acquires your old telephone number. There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS,  or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan. By replying to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel and “HELP” for customer support. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.


C. Ownership; Restrictions. The technology and software underlying the Service or distributed in connection therewith represent the exclusive property of the Company, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.


D. Special Notice for International Use; Export Controls. The Company is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing, or using the Software or Services is at your sole risk.


E. Open-Source Software. The Software may contain or be provided together with open-source software. Each item of open-source software is subject to its own license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice, or about menu, or source files. If required by any license for particular open source software, the Company makes such open-source software, and the Company’s modifications to that open source software (if any), available by written request to [email protected]. Copyrights to the open-source software are held by the respective copyright holders indicated therein.


7. Intellectual Property Rights


A. Service Content. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.


B. Trademarks. The Company name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.


C. Third-Party Material. Under no circumstances will the Company be liable in any way for any third-party content or User Content, including for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of the use of any such content or User Content. You acknowledge that the Company does not pre-screen User Content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or to remove any User Content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any User Content that violates these Terms of Service or if it is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with and deriving directly from the use of any content and User Content, including any reliance on the accuracy, completeness, or usefulness thereof.


D. User Content. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content. You represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content, in any form, medium or technology now known or later developed: (i) in connection with the operation of the Service; (ii) to develop and improve the Service and other Company offerings, and (iii) as otherwise set forth in our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service provided by you to the Company, are non-confidential and the Company will be entitled to the unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. 


E. Disclosure of User Content. You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

F. Usage Data. You hereby authorize the Company to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and the Privacy Policy

8. Disputes; Indemnification; Disclaimer of Warranties; Limitation of Liability

A. User Disputes. You understand and agree that the Company is not liable for the online or offline actions of any other users. Further, you understand and agree that you are solely responsible for your interactions with other users in connection with the Service, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.


B. Indemnification. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE SERVICE, ANY USER CONTENT, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU AGREE TO COOPERATE WITH ANY REASONABLE REQUESTS ASSISTING THE COMPANY’S DEFENSE OF SUCH MATTER. YOU MAY NOT SETTLE OR COMPROMISE ANY CLAIM AGAINST THE COMPANY PARTIES WITHOUT THE COMPANY’S WRITTEN CONSENT.


C. Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.


D. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING MENTORS); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS PRIOR TO ANY CLAIM ARISING, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.


9. Dispute Resolution by Binding Arbitration


PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.


A. Agreement to Arbitrate. This Section 9 Dispute Resolution by Binding Arbitration is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all Claims between you and the Company, whether arising out of or relating to these Terms of Service, Privacy Policy, the Site, the Service, any advertising, or any aspect of the relationship or transactions between us or another user, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that you and the Company are each waiving the right to a trial by judge or jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.


B. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.


C. Pre-Arbitration Dispute Resolution Requirement. In order to resolve disputes amicably and efficiently, most customer concerns can be resolved quickly by emailing customer support at [email protected]. If such efforts prove unsuccessful, the party who intends to seek arbitration must first send the other, by certified mail, a written notice of dispute (“Notice of Dispute”). The Notice of Dispute to Company should be sent to 1547 9th Street, Santa Monica, CA 90401. The Notice of Dispute must: (i) describe the nature and basis of the Claim and (ii) set forth the specific relief sought. If the Notice of Dispute is not resolved within sixty (60) calendar days after the Notice of Dispute is received, you or the Company may commence an arbitration proceeding in accordance with this Arbitration Agreement. During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.


D. Arbitration Procedures. Arbitration shall be conducted by New Era ADR, Inc. (“New Era ADR”) in accordance with their Virtual Expedited Arbitration Rules and Procedures, within the New Era ADR Rules and Procedures, except as modified by these Terms of Service. New Era ADR’s Rules and Procedures, including Virtual Expedited Arbitration Rules and Procedures, are available at www.neweraadr.com/rules-and-procedures/. The arbitrator shall follow the provisions of these Terms of Service as a court would. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law.


E. Arbitrability. Any question or matter of arbitrability shall be determined by the arbitrator assigned to, or chosen for, such dispute from the New Era ADR panel of arbitrators.  For clarity, this means any determination of: (i) the enforceability of all or any provision of these Terms of Service including any claim that all or any such provision is void or voidable, and (ii) whether a dispute regarding the provisions of these Terms of Service shall be governed by arbitration, in each case, shall be determined solely by the arbitrator provided by New Era ADR and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.


F. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the New Era ADR Rules and Procedures, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 


G. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


H. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).


10. General


These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and the Company governing your use of the Service and supersede any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software. These Terms of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, if any, you and the Company submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange County, California. The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any Claim arising out of or related to the Service or these Terms of Service must be filed within one (1) year after such Claim arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Company, but the Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company’s reasonable control.


11. Notice for California Users


Under California Civil Code Section 1789.3, users of the Service from California 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 (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us by phone at, (720) 459-6157, by email at [email protected], and by postal address at Athlete To Athlete Inc., 1547 9th Street, Santa Monica, CA 90401.


12. Questions? Concerns? Suggestions?


Please contact us at [email protected] and/or 1547 9th Street, Santa Monica, CA 90401 to report any violations of these Terms of Service or to pose any questions regarding the Site, the Service and/or these Terms of Service.