1. Agreement
These Terms of Use (“Terms of Use”) constitute a legally binding agreement between the user (“you,” “user,” or “your”) and Berry Courts and Sports LLC, and its subsidiaries, representatives, affiliates, officers and directors (collectively, “MyCourt”) governing your use of the MyCourt application ("MyCourt App") and any related content or services, including but not limited to the booking of sports venues through the MyCourt App (collectively, the "Services").
By using the Services, you represent and warrant that: (i) you are at least 18 years of age; (ii) you have the legal capacity and authority to enter into these Terms of Use; (iii) all information you provide to MyCourt is truthful, accurate, and complete; (iv) you will comply with all applicable laws and regulations in connection with your use of the Services; (v) you will not use the Services for any illegal or unauthorized purpose; and (vi) your use of the Services will not violate any rights of any third party.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE , WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, OR USE THE SERVICES.
2. We are not a Vendor; No Endorsements.
MyCourt provides a platform for users to book sports venues through the MyCourt App. MyCourt is not a vendor of the Services. MyCourt does not endorse any of the vendors listed on the Services. MyCourt is not responsible for the quality, safety, or legality of any of the sports venues listed on the Services. MyCourt is not responsible for any actions or omissions of any of the vendors listed on the Services. MyCourt is not responsible for any disputes between users and vendors. MyCourt is not responsible for any damages or losses incurred by users in connection with their use of the Services.
MyCourt solely displays offers from vendors and provides a platform for booking those offers. We do not engage in the sale or purchase of any goods or services, nor do we solicit or make any offers. All transactions are directly between the user and the vendor, and at no point does MyCourt enter into a customer - merchant relationship with the user. Any communication or transaction between the user and the vendor is subject to applicable laws and regulations. MyCourt will not be liable for any prohibited or unlawful activities conducted by either party.
3. No Warranty of the information available on the Services
The information available on the Services is posted by the vendors and venues. MyCourt does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. MyCourt disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
If the Services contain information you believe to be an error or untrue, please let us know by reaching out to us at [Enter Email].
4. Modification to Services.
MyCourt reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MyCourt will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
5. Prohibited Use of Services.
You agree not to use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Services. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Additionally, you agree not to: 1. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services. 2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. 3. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent. 4. Use any device, software, or routine that interferes with the proper working of the Services. 5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services. 7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. 8. Otherwise attempt to interfere with the proper working of the Services.
User Content
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through the Services.
Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
6. Accessing Your Data on Your Mobile Device; Over Your Network Service Provider; and Contacting You.
By accessing the Services on your mobile device, you understand and agree that your wireless carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding MyCourt and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MyCourt account information to ensure that your messages are not sent to the person that acquires your old number. In certain instances, you may be required to consent to or to agree to use and implement an applicable location-enabled device in order to use and participate in certain features of the Services. In addition, the Services may offer you the ability to connect with our websites or use our applications, services, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Section will apply to all mobile applications and mobile optimized websites.
7. User Accounts.
In order to use certain features of the Services, you may be required to create a user account ("Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. MyCourt may suspend or terminate your Account in accordance with these Terms of Use.
8. Account Guidelines.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances, we may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
In addition, the following guidelines apply to your use of the Services: 1. You will not create an Account for anyone other than yourself without permission. 2. You will not create more than one personal account. 3. If we disable your account, you will not create another one without our permission. 4. You will not use your personal timeline primarily for your own commercial gain, and will use a MyCourt Page for such purposes. 5. You will not use MyCourt if you are under 6. You will not use MyCourt if you are a convicted sex offender. 7. You will keep your contact information accurate and up to date. 8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account to anyone without first getting our written permission. 10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name) 11. You agree that you will not sell, trade, or otherwise transfer your account to another per.
9. Content License.
You retain your rights to any content you submit, post or display on or through the Services. By submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to make your content available to other users of the Services, who may also use your content subject to these Terms of Use.
You represent and warrant that: (i) you own the content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your content on the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Services.
We reserve the right to remove or modify your content for any reason, including but not limited to, if we believe it violates these Terms of Use, our policies, or any applicable laws or regulations.
10. Right to Monitor and Verification of Users.
We reserve the right, but have no obligation, to monitor any and all activity or content on the Services. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate, including but not limited to issuing warnings, suspending or terminating your access and use of the Services, and removing any materials on the Services.
We also reserve the right to report any activity that we suspect may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. Our reporting may include disclosing appropriate information about you to law enforcement authorities, regulators, or other third parties, and we also may cooperate with law enforcement authorities, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms of Use.
MyCourt reserves the right to verify user accounts at any time, subject to criteria established by MyCourt in its sole discretion. Users acknowledge and agree that MyCourt may request additional information or documentation to verify the accuracy and legitimacy of user accounts. Failure to comply with any verification requests may result in the suspension or termination of the user's account. Users further acknowledge and agree that MyCourt's verification process may include the use of third-party verification services. MyCourt shall not be liable for any damages or losses incurred by users as a result of the verification process or the suspension or termination of their accounts.
11. Reviews of Vendors / Venues.
MyCourt may allow users to post reviews of vendors and venues on the Services. By posting a review, you represent and warrant that you have personally used the services of the vendor or venue and that your review is based on your own honest and unbiased opinion. MyCourt reserves the right to remove or modify any review for any reason, including but not limited to, if we believe it violates these Terms of Use, our policies, or any applicable laws or regulations. MyCourt is not responsible for the accuracy or reliability of any reviews posted on the Services.
12. Venue Booking.
MyCourt allows users to book venues through the Services. By booking a venue, you agree to comply with all terms and conditions set forth by the venue, including but not limited to, payment terms, cancellation policies, and any other rules or regulations. MyCourt is not responsible for any issues or disputes that may arise between users and venues.
13. Appointment No-Show & Cancellation Policy.
MyCourt reserves the right to enforce a no-show and cancellation policy for appointments booked through the Services. If a user fails to show up for a booked appointment or cancels within a certain timeframe, as determined by MyCourt in its sole discretion, the user may be subject to a fee or suspension of their account. MyCourt will provide notice of this policy to users prior to booking appointments. MyCourt reserves the right to terminate or suspend your access to all or part of the Services, with or without notice, if you cancel or fail to show up to multiple bookings.
14. Payment Services, Generally.
MyCourt may offer third-party payment services to process payments made through the Services with vendors / venues. Payments made on MyCourt are collected on behalf of and for the vendors / venues. MyCourt is not responsible for the actions or inactions of these third-party payment services, and users agree to hold MyCourt harmless for any issues that may arise from the use of these services. MyCourt may also offer its own payment services, subject to additional terms and conditions. By using any payment services offered by MyCourt, you agree to comply with these additional terms and conditions.
15. Sale Prices.
The prices and terms of payment are displayed at the time you use the Services. MyCourt may offer sale prices or discounts on certain services or products. Sale prices or discounts are subject to change at any time, in MyCourt's sole discretion. Sale prices or discounts may not be combined with any other offer, promotion, or discount. All sale prices or discounts are subject to availability.
16. Cancelation Policy.
MyCourt reserves the right to enforce a cancellation policy for appointments booked through the Services. If a booking is canceled within one hour of the scheduled time, no refund will be granted. For cancellations within two hours of the booking, a 20% deposit will be retained. However, if the cancellation is made two hours or more before the reserved time, a full refund will be issued, subject to a $10 processing fee. Refunds are processed within 2-3 business days and are credited back to the original payment method. MyCourt reserves the right to terminate or suspend a user's access to all or part of the Services, with or without notice, if the user cancels or fails to show up for multiple bookings.
17. Complaints.
If you have any complaints or concerns regarding the Services, please contact us at support@mycourtrentals.com. We will do our best to address your concerns in a timely and satisfactory manner.
18. Waiver of Warranties.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYCOURT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYCOURT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. MYCOURT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYCOURT OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. Compliance with Law; State of Michigan.
By using the Services, you agree to comply with all applicable laws, rules, and regulations. You further agree that any dispute arising out of or relating to the Services shall be governed by the laws of the State of Michigan, without giving effect to any principles of conflicts of law.
20. Limitation of Liability.
MYCOURT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MYCOURT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. IN NO EVENT WILL MYCOURT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO MYCOURT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. Indemnification.
You agree to indemnify, defend, and hold harmless MyCourt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
22. General Provisions.
These Terms of Use constitute the entire agreement between you and MyCourt and govern your use of the Services, superseding any prior agreements between you and MyCourt. You may not assign these Terms of Use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of MyCourt, and any attempted assignment without such consent will be null and void. MyCourt may assign these Terms of Use or any of its rights or obligations hereunder without your prior written consent. If any provision of these Terms of Use is found to be unenforceable, the remaining provisions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are for convenience only and have no legal or contractual effect. These Terms of Use do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representations on our behalf.
If you have any questions or concerns about these Terms of Use or the Services, please contact us at support@mycourt.com.
23. Intellectual Property - Not Waived.
MyCourt's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MyCourt or its affiliates or licensors. You must not use such marks without the prior written permission of MyCourt. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
MyCourt's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MyCourt in writing.
24. Grant of License by User.
You agree to grant MyCourt an non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the copyright, publicity, and database rights you have in any content contained in any service listing or profile license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and MyCourt's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
25. Release.
You hereby release, waive, and discharge MyCourt and its affiliates, officers, directors, employees, agents, and licensors from any and all claims, demands, or causes of action that you may have against them arising out of or in any way related to your use of the Services, including but not limited to any claims relating to the infringement of your intellectual property rights.
26. Relationship of the Parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyCourt as a result of these Terms of Use or your use of the Services. The relationship of the parties is that of independent contractors under these Terms of Use.
27. Severability.
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
28. Termination
MyCourt may, in its sole discretion, terminate or suspend your access to all or part of the Services, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease, and you must promptly discontinue all use of the Services.
29. Governing Law and Jurisdiction.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. Any dispute arising under these Terms of Use shall be resolved exclusively by the state and federal courts of the State of Michigan.
30. Changes to Terms of Use
MyCourt reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.
31. Contact Information
If you have any questions or concerns about these Terms of Use or the Services, please contact us at support@mycourt.com.
32. Effective Date.
These Terms of Use were last updated on January 31, 2024.
BERRY COURTS AND SPORTS LLC
Hassan Berry, CEO