These terms govern your use of our website or services such as the CoachYouths Playbook Designer (collectively, “Services”) and software that we include as part of the Services, including any applications, formation or playbook files, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services.
1. How this Agreement Works.
1.1 Your relationship is with John Wamer dba CoachYouths, a United States company, and the Services and Software are governed by the law of Texas, U.S.A. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.
1.2 Eligibility. You may only use the paid Services if you are (a) over 13 years old and (b) allowed by law to enter into a binding contract.
1.3 Software. The Software is licensed, not sold, only in accordance with these terms.
1.4 Modification. We may modify or discontinue the Services, Software, or any portions or features thereof at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
2. Use of Service.
2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services.
2.2 CoachYouths Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.
3. Your Content.
3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
3.2 Because you maintain ownership of any content created, we CANNOT remove your content from our systems without express consent, which is given when you close your account using the online "Close Account" functionality, we do not close accounts via other means.
3.3 We do reserve the right to remove your content from our systems 90 days after an account has become past due.
4. Use of Software
4.1 Subscription-Based Software License.
If we provide the Software to you as part of your subscription to use the Services, then subject to your compliance with these terms, we grant you a non-exclusive license to install and use the Software: (a) in the Territory, (b) so long as your subscription is valid, and (c) consistent with these terms and related documentation accompanying the Software. “Territory” means worldwide, but excludes any U.S. embargoed countries and countries where you are prohibited from using the Software or the Services.
4.2 Restrictions and Requirements.
(a) Proprietary Notices. You must ensure that any permitted copy of the Software that you make contains the same copyright and other proprietary notices that appear on or in the Software.
(b) Restrictions. Unless permitted in these terms, you must not:
(1) modify, port, adapt, or translate the Software;
(2) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software;
(3) use or offer the Software on a service bureau basis;
(4) (i) circumvent technological measures intended to control access to the Software or (ii) develop, distribute, or use with the Software, products that circumvent the technological measures; or
(5) rent, lease, sell, sublicense, assign, or transfer your rights in the Software, or authorize any portion of the Software to be copied onto another’s device.
5. Termination.
5.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. You may terminate your account ONLY by using our online Close Account functionality, we do not close accounts by e-mail or any other means as we cannot confirm your identity.
5.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may at any time terminate these terms with you if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part; or
(e) there has been an extended period of inactivity in your free account.
5.3 As the account owner (YOU) are responsible for closing your account when you no longer need it, because we do not own the content created by your use of our system we cannot delete your content unless you provide confirmation to delete content via our online Close Account system.
You may take the following steps to close your account:
(a) Login to your account using the following web address:
https://www.footballplaybookdesigner.com/app/login
(b) Click on the "My Account" button
(c) Locate the "Close Account" button located at the top right corner of the page.
(d) Click the "Close Account" button and confirm you wish to close your account and have your content removed from our systems.
6. Payment Authorization
6.1 This service requires either a MONTHLY or YEARLY billing term as it is a subscription based service.
6.2 You authorize us to charge the payment method on file for your account on the recurring basis selected by yourself for the amount agreed upon when subscription was established.
6.3 Payment shall be due every MONTH or YEAR until YOU as the account owner cancel the account. It is soley YOUR responsibility to close the account BEFORE your next billing account if you wish to stop future payments.
6.4 We will make reasonable efforts to notify the end user in advance of each payment, however we cannot guarentee delivery of such notifications, therefore it remains the end user's responsibility to check their next payment due date by logging into their account.
7. Refunds
7.1 No refunds are allowed due to customer selecting the wrong billing plan for their needs. Our site clearly indicates which billing plan you will be expected to pay for when you sign up, in addition one can change their billing plan at any time.
7.2 We will deny all refund requests due to end user not canceling their subscription before they are billed, it is the customer's responsibility to close their account before being billed.
7.3 We do not issue refunds after a user changes their plan, any remaining funds will be applied as account credits only and will be applied to any future charges
7.4 We do allow for refunds in the event of a system error that causes a customer to be overcharged for the billing plan they have selected.
7.5 Any other refunds are explicitly disallowed unless there is sufficient cause, and only on a case by case basis.
7.6 Any refund must be completely resolved within 30 calendar days from the date of payment, any delays caused by customer inaction do not extend this time period.
8. Collections
8.1 We reserve the right to collect any past due balances using any debt collection means allowed by law.
8.2 The end user agrees to be subject to additional fees for any debt collection required due to past due balances.
8.3 Chargebacks that violate the terms of this agreement will be subject to collection for the full amount due, including but not limited to additional fees for the chargeback itself.
Mailing Address:
John Wamer dba CoachYouths
117 Kype Cv
Kyle TX 78130