Terms and Conditions
Effective Date: July 10th, 2023
These Terms and Conditions (“Agreement”) are entered into by and between Helmet Tracker LLC (“Company”) and the users (“Users”) of the Helmettracker, EquipmentOps, and EquipmentOps Essentials software products (“Products”) provided by the Company. This Agreement governs the access and use of the Products.
Acceptance of Terms
By accessing or using the Products, Users acknowledge that they have read, understood, and agree to be bound by this Agreement. If Users do not agree with any part of this Agreement, they should not access or use the Products.
Description of Products
2.1 EquipmentOps: EquipmentOps and EquipmentOps Essentials are cloud-based inventory management systems designed to assist equipment managers, coaches, and athletic directors in their daily operations. It provides features such as order automation, inventory tracking, personnel profiles, size updates, and equipment return capabilities.
3.1 Compliance: Users agree to comply with all applicable laws, regulations, and this Agreement when using the Products.
3.2 Account Security: Users are responsible for maintaining the confidentiality of their account credentials and are liable for any activities that occur under their account.
3.3 Prohibited Activities: Users shall not engage in any activities that may disrupt or interfere with the proper functioning of the Products or infringe upon the rights of others.
4.1 Ownership: The Company retains all intellectual property rights in the Products, including but not limited to copyrights, trademarks, and trade secrets.
4.2 License: The Company grants Users a non-exclusive, non-transferable license to access and use the Products solely for their internal business purposes.
Limitation of Liability
5.1 Disclaimer: The Products are provided on an “as is” and “as available” basis. The Company makes no warranties or representations, express or implied, regarding the reliability, availability, or fitness for a particular purpose of the Products.
5.2 Limitation of Liability: In no event shall the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Products.
5.3 Lost Business or Material: Users acknowledge and agree that Helmet Tracker LLC and its equipment suppliers are not responsible for any lost business or material due to equipment issues.
6.1 Termination by User: Users may terminate their use of the Products at any time.
6.2 Termination by Company: The Company reserves the right to terminate or suspend access to the Products at its sole discretion, with or without cause.
6.3 Effect of Termination: Upon termination, Users' access to the Products shall cease, and they shall no longer have the right to use or access any data or information stored within the Products.
Governing Law and Dispute Resolution
7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, United States.
7.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through mediation, and if not resolved, by binding arbitration in accordance with the rules of American Arbitration Association. The arbitration shall take place in Johnson County, Kansas.
8.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether oral or written.
8.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.3 Amendments: The Company reserves the right to modify or update this Agreement at any time. Users will be notified of any material changes to this Agreement.