These Hudl Site Terms are also referred to as Hudl Terms of Service.
Welcome to Hudl’s website. These Hudl Site Terms or Hudl Terms of Service (in either case, “Site Terms”) apply to the Hudl website located at www.hudl.com, and all associated sites and applications owned by Hudl and its affiliates, and other services, features or functionality provided by Hudl, inclusive of any third-party services, that are specifically identified in these Site Terms as being subject to these Site Terms (collectively, the “Hudl Site”). Agile Sports Technologies, Inc. dba Hudl and/or its affiliates (“Hudl”) provides the Hudl Site to you subject to the following terms and conditions. By visiting the Hudl Site or otherwise agreeing to the Site Terms, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future Hudl products, services, applications, content, or other materials, you will also be subject to the applicable signed agreement with Hudl governing your use of Hudl’s services and products (the “Hudl Agreement”). If you do not agree to these Site Terms, do not use the Hudl Site.
Please be aware that Section 18 of these Site Terms contain an arbitration agreement and class action waiver. Section 18 does not apply to Canadian residents. As provided in Section 18, (1) you and Hudl will only be permitted to pursue claims and seek relief against the other party through binding, individual arbitration, not as a plaintiff or class member in any class or representative action or proceeding; (2) you and Hudl are waiving any rights to seek relief in a court of law and to have a jury trial on any claims; and (3) you and Hudl are waiving rights to participate in a class action lawsuit or class-wide arbitration.
NOTICE REGARDING FUTURE CHANGES TO TERMS:
Hudl may make changes to these Site Terms at any time. Any changes made by Hudl will be effective when Hudl posts a revised version of these Site Terms or 30 days after posting if you are a resident of Quebec. The “Updated” date below will tell you when the Site Terms were last revised. By continuing to use the Hudl Site after that date, you agree to the changes. To the extent that these Site Terms differ from a prior version of Site Terms which you previously agreed to, this version of the Site Terms supersedes and governs.
1. PRIVACY
Please review Hudl’s Privacy Policy, which also governs your visit to the Hudl Site, to understand Hudl’s practices with respect to your personal information.
2. PAYMENTS, REFUNDS, AND REGISTRATION SERVICES
2.1 By providing your credit or debit card information (or other payment method allowed by Hudl from time to time) (“Payment Method”) during the checkout process, you authorize Hudl and/or Hudl’s third-party payment processor (“Third Party Processor”) to store your Payment Method and to charge your Payment Method for the purchase amount and any Fees and applicable taxes. Except as provided below for Programs, all amounts will be paid in U.S. dollars and are due as set forth on Hudl Site. For Programs offered by Offering Organizations in Canada, all amounts will be paid in Canadian dollars and are due as set forth on the Hudl Site. You represent and warrant to Hudl that (i) the Payment Method and related information you supply to Hudl or the Third Party Processor are true, correct, and complete and (ii) you are duly authorized to use such Payment Method for your purchase. Hudl’s current Third Party Processor is Stripe, Inc. You agree that the processing of your Payment Method and related information is subject to Stripe’s terms and conditions at https://stripe.com/legal and privacy policy at https://stripe.com/privacy. Hudl is not responsible for any error by, or other acts or omissions of, the Third Party Processor. You agree to promptly notify Hudl if your Payment Method is canceled (e.g., for loss, theft, or expiration) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password for the Hudl Site. In all cases, Stripe will collect the payment. Purchases are typically subject to, among other possible fees, a service fee from Hudl and a per order processing fee from Stripe (collectively “Fees”). The Fees may be displayed separately or included in the total order amount upon checkout in accordance with applicable law. Tax is collected as required by federal, state and/or local law and may be displayed separately or included in the total order amount.
2.2 You are responsible for confirming the accuracy of your selection before purchasing. Once purchased, you cannot change or cancel your order. Unless otherwise indicated herein, ALL SALES ARE FINAL AND NON-REFUNDABLE. Hudl, in its sole discretion, may provide you a full or partial refund, discount or credit, the amount and form of such refund, discount or credit shall also be in Hudl’s sole discretion (including without limitation how discounts or credits may be used and any expiration dates). Hudl’s decision in one instance does not guarantee the same response for future similar instances, nor is Hudl obligated to provide you with the same decision in the future. Any refunds will be made to the original Payment Method used at time of purchase. For additional information regarding refunds, please contact the Offering Organization for the Program or visit https://www.hudl.com/support.
2.3 Through the Hudl Site, you may have the opportunity to register your child (“Registration Services") for coaching, training, tryouts, leagues, tournaments or other events (“Programs” and each an “Program”) offered by third-party organizations not affiliated with Hudl (“Offering Organization”). As used herein, Offering Organization means a national, state or local sports governing body, league, club, team, company, university, school, conference or other institution, organization or entity including but not limited to those who host and/or conduct Programs. You are responsible for confirming that your child meets the Offering Organization’s requirements to participate in the Program. You agree to comply with all terms and conditions of any Offering Organization. Hudl is acting on behalf of the Offering Organization, and Hudl handles the transaction and collects the payment for the Programs for the Offering Organization. You agree that all matters concerning such services desired from any Offering Organizations are solely between you and the Offering Organization and any questions should be directed to the Offering Organization. You acknowledge that the Offering Organization sets the payment amounts for the Programs. Hudl makes no warranties or representations whatsoever regarding any Programs provided by an Offering Organization.
2.4 As part of the Registration Services, you may be asked to upload materials, documents or other information to the Hudl Site, including without limitation Program registration information and information about your child (including without limitation your child’s name, age, and other details, birth certificate, medical waivers, and proof of vaccine), (“Provided Content”). You authorize Hudl to share the Provided Content with the Offering Organization and its personnel (e.g., coaches, administrators) for the purpose of managing the Program, evaluating the minor athlete, eligibility determinations, and communicating with you about the Program, and other purposes as determined by the Offering Organization. You understand that the Offering Organization’s use of the Provided Content is subject to their own policies and procedures, including the Offering Organization’s privacy policy, and you agree to release Hudl from any liability related to the Offering Organization’s use of this information. You understand that all decisions regarding team selection are made solely by the Offering Organization. BY USING THE REGISTRATION SERVICES TO REGISTER YOUR CHILD FOR ANY PROGRAMS, YOU REPRESENT AND WARRANT THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF SUCH CHILD AND THAT YOU HAVE THE LEGAL AUTHORITY TO REPRESENT YOUR CHILD AND CONSENT TO THE SUBMISSION AND UTILIZATION OF DATA AND INFORMATION, INCLUDING ANY PROVIDED CONTENT, YOU SUBMIT VIA THE HUDL SITE AND AGREE TO SUCH CHILD’S PARTICIPATION IN THE PROGRAM.
3. ELECTRONIC COMMUNICATIONS
When you visit the Hudl Site or send emails, feedback, or chats to Hudl, you are communicating with Hudl electronically. You consent to receive communications from Hudl electronically. Hudl will communicate with you by email or by posting notices on the Hudl Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide at this Hudl Site will be deemed non-confidential. Hudl will be free to use such feedback on an unrestricted basis.
4. HUDL INTELLECTUAL PROPERTY
The Hudl Site and the Hudl products and services available on or through the Hudl Site, as well as all content included on the Hudl Site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, (together, “Hudl Intellectual Property”) are the property of Hudl or its content or service providers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. Without limiting the foregoing, Agile Sports Technologies, Hudl, the Hudl logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hudl, protected under U.S. and international law, and may not be used without Hudl’s prior written permission. Other parties’ trademarks used, depicted, or identified on the Hudl Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the Hudl Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Hudl’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Hudl and their products or services.
5. LICENSE AND SITE ACCESS
5.1 If you do not already have a Hudl account, you may be required to create a Hudl account in order to access some of the Hudl Site. You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. Except as otherwise provided in a Hudl Agreement that may apply to your use of the Hudl Site, the Hudl Site and any usernames or passwords you use to access the Hudl Site are for personal use only. You are solely responsible for maintaining the security of your passwords and you agree to immediately notify us of any unauthorized use of your passwords and/or other security breaches related to the Hudl Site. We have the right to disable your account or suspend your access to the Hudl Site, at any time for any reason, including if in our sole opinion you have failed to comply with any of the provisions of these Site Terms or the Hudl Agreement or if we (or the applicable organization with respect to a Hudl Agreement) know or suspect that anyone else knows or is using your credentials.
5.2. Hudl grants you a limited license to access and make personal use of the Hudl Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hudl. This license does not include any resale or commercial use of the Hudl Site or its contents; any derivative use of the Hudl Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Hudl in a separate license, your right to use any software, data, documentation, or other materials that you access or download through the Hudl Site is subject to these Site Terms or, if any, the applicable Hudl Agreement.
5.3. The Hudl Site or any portion of the Hudl Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hudl. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hudl without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hudl’s name or trademarks without the express written consent of Hudl. Any unauthorized use terminates the permission or license granted by Hudl. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Hudl Site, so long as the link does not portray Hudl, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hudl logo or other proprietary graphic or trademark as part of the link without express written permission of Hudl.
5.4. Hudl reserves the right to withdraw or amend the Hudl Site, and any service or material we provide on the Hudl Site, in Hudl’s sole discretion without notice. Hudl will not be liable if for any reason all or any part of the Hudl Site is unavailable at any time or for any period. From time to time, Hudl may restrict access to some parts of the Hudl Site, or the entire Hudl Site, to users, including registered users. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Hudl Site or any portion of the Hudl Site.
5.5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Hudl Site in breach of the Site Terms, your right to use the Hudl Site will stop immediately and you must, at Hudl’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Hudl Site or any content on the Hudl Site is transferred to you, and all rights not expressly granted are reserved by Hudl (or its licensors). Any use of the Hudl Site not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark, and other laws.
5.6 Termination or suspension of your account or access to the Hudl Site shall not affect any right or relief to which we may be entitled, at law or in equity. Hudl may, in its sole discretion, elect to terminate or suspend your account or access to the Hudl site immediately with or without notice to you. Upon such termination or suspension, all rights granted you in these Site Terms will automatically terminate and immediately revert to us. Following such termination or suspension, these Site Terms shall remain in full force and effect with respect to your past and future use of the Hudl Site, including all rights granted by you to us.
5.7 You represent and warrant to Hudl that: (a) you are the sole owner of any, materials, documents or information you upload or add to the Hudl Site, including without limitation any Provided Content, or otherwise have the legal right to upload or add the Provided Content to Hudl for use and sharing by Hudl and third parties as provided in these Site Terms; (b) the distribution or other use of the Provided Content on or through the Hudl Site as set forth in these Site Terms by Hudl does not violate the privacy rights, publicity rights, intellectual property or proprietary rights, contract rights or any other rights of any person or entity; and (c) you have obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws) in order to upload or add the Provided Content for distribution and use by Hudl and third parties as provided in these Site Terms. You are solely responsible for all Provided Content submitted by you or through your account on the Hudl Site, including without limitation, Program registration information, names, likenesses, images, videos, music, intellectual property rights, logos, biographical information, files, code, data, metadata, text, software, links, and any other information or materials. Hudl is not responsible for any Provided Content that may be lost or unrecoverable through your use of the Hudl Site, and you are encouraged to archive your Provided Content regularly and frequently. You agree to comply with all applicable laws with respect to your use of the Hudl Site.
6. ACCEPTABLE USE POLICY
By accessing the Hudl Site, you agree to comply with Hudl’s Acceptable Use Policy.
7. AGE VERIFICATION SERVICE
If you are a parent or guardian who has reached the age of majority in your country or state of residence, you may have access to a parent/guardian consent process for the identified Hudl products or services that will allow you to consent to certain processing of your child’s data, as more fully described in the applicable consent. As part of this consent process, Hudl may use a third-party service to provide age verification services (“Age Verification Service”).
Hudl uses the Age Verification Service to confirm that the individual giving consent is an adult who has reached the legal age of majority in their country or state of residence. You are required to use the Age Verification Service only if you wish to provide consent as described above, but otherwise you are not required to use it. As part of the Age Verification Service, you may be required to provide certain personal information in addition to your email address, such as your name, date of birth, mailing address, credit or debit card information, a personal identity number (such as certain digits of your US social security number) a cell phone number, or other identification documents, to the Age Verification Service. Following successful age verification by the Age Verification Service, you will then be directed to the consent process. Your provision of this consent will further signify your agreement to these Site Terms. By using the parent/guardian consent process, if made available to you, you represent and warrant that you have reached the age of majority in your country or state of residence.
These Site Terms apply to your access to and use of the Age Verification Service. You agree to these Site Terms when you click on “I’m an Adult” in the email you receive as part of the consent process, as described in such email. Further, when you click on “I’m an Adult”, Hudl will share your email address with the Age Verification Service.
You acknowledge that the Age Verification Service is owned and operated by a third party that is not affiliated with Hudl. Hudl is not responsible or liable to you or any third-party with respect to the Age Verification Service, or the functionality or availability of the Age Verification Service. Hudl makes no representation or warranty with respect to the Age Verification Service, and Hudl expressly disclaims all liability for any damages, losses, or claims arising from or related to the acts, omissions, data security incidents, or any other conduct of the Age Verification Service. Your use of the Age Verification Service is solely governed by such third party’s terms of use and privacy policy.
8. LINKS TO OTHER SITES
The Hudl Site contains links to web sites not operated or maintained by Hudl. These links are provided solely as a convenience to you and not as an endorsement by Hudl of the contents of such third-party web sites. Hudl is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against Hudl regarding the inclusion of links to outside web sites or your use of those web sites. By using functionality available on the Hudl Site that facilitates livestreaming through YouTube, you agree to be bound by YouTube’s Terms of Service (https://www.youtube.com/t/terms).
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION; VOLUNTARY WAIVER FOR PROGRAMS
THE HUDL SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE, INCLUDING WITHOUT LIMITATION THE REGISTRATION SERVICES AND AGE VERIFICATION SERVICE, ARE PROVIDED BY HUDL ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUDL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HUDL SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HUDL SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUDL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO THE AGE VERIFICATION SERVICE. HUDL DOES NOT WARRANT THAT THIS HUDL SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE; ITS SERVERS; OR E- MAIL SENT FROM HUDL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUDL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE HUDL SITE, INCLUDING WITHOUT LIMITATION THE AGE VERIFICATION SERVICE OR THE REGISTRATION SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HUDL SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. You agree to indemnify, defend, and hold harmless Hudl, its affiliates, licensors, and content 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 Site Terms or your use of the Hudl Site, including, but not limited to, your use of the Age Verification Service.
WITH RESPECT TO PROGRAMS, YOU ACKNOWLEDGE THAT CERTAIN RISKS ARE INHERENT IN PARTICIPATION IN SPORTS ACTIVITIES, INCLUDING THE PROGRAMS, INCLUDING THE RISK OF PHYSICAL INJURY. YOU, ON BEHALF OF YOURSELF AND YOUR CHILD, ASSUME ALL RISKS INCIDENT TO THE PROGRAMS. YOU, ON BEHALF OF YOURSELF AND YOUR CHILD, AGREE TO HOLD HUDL AND ITS AFFILIATES HARMLESS FROM ANY DAMAGES OR INJURIES THAT MIGHT ARISE INCIDENT TO THE PROGRAMS.YOU KNOWINGLY AND VOLUNTARILY WAIVE AND HUDL, AND ITS AFFILIATES, EMPLOYEES, AND AGENTS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOUR CHILD OR YOU, WHETHER CAUSED BY THE NEGLIGENCE OF HUDL OR OTHERWISE, WHILE PARTICIPATING IN THE PROGRAMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
10. APPLICABLE LAW
By visiting the Hudl Site, you agree that the laws of the state of Nebraska, without regard to principles of conflict of laws and not including any provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, will govern these Site Terms and any dispute of any sort that may arise between you and Hudl.
11. DISPUTES
Any dispute relating in any way to your visit to the Hudl Site or to services provided by Hudl or through the Hudl Site shall be adjudicated exclusively in the District Courts of the State of Nebraska in Lancaster County or the Federal District Court of the District of Nebraska (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, Hudl shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
12. NCAA REGULATIONS/OTHER REGULATIONS
Hudl is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Hudl Site, including your use of any Hudl products or services. Accordingly, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “NCAA Regulations”). Hudl is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Hudl Site, and/or any Hudl products or services. If you act in violation of the NCAA Regulations, Hudl may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Hudl Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. Hudl does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).
You agree to be fully informed of and abide by all rules and regulations set forth by the supervisory organization, conference or governing body, and any other organizations that govern or regulate athletics participation and competition (“Governing Authority”) that may be applicable to your or your child’s participation or registration for the Programs. You are solely responsible for your and your child’s compliance with the applicable Governing Authority rules for Programs. Violation of any such rules and regulations are grounds for suspension or termination of access to the Hudl Site.
13. MODIFICATION, SEVERABILITY, WAIVER, ASSIGNMENT, AND ENTIRE AGREEMENT
13.1. Hudl reserves the right to make changes to the Hudl Site at any time, without liability to you. If you do not agree to the changes, you should stop using or accessing the Hudl Site.
13.2. Should any provision of these Site Terms be found unenforceable, wherever possible this will not affect any other provision, and each will remain in full force and effect. Hudl’s failure to expressly enforce any provision of these Site Terms does not waive its rights to enforce that or any other provision.
13.3. Hudl may assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion. You may not assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part), without Hudl’s prior written consent.
13.4. These Site Terms, Hudl’s Privacy Policy, Hudl’s Acceptable Use Policy, and any other agreement between you and Hudl (including your Hudl Agreement, where applicable) constitute the sole and entire agreement between you and Hudl regarding the Hudl Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Hudl Site.
14. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Website users 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 in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Acceptable Use Policy describes the procedure for making claims of copyright infringement.
16. OPERATOR
This website is operated by Agile Sports Technologies, Inc. dba Hudl, with a business address of 600 P Street, Suite 400, Lincoln, NE 68508.
17. EXPORT CONTROLS
By accessing the Hudl Site, you represent and warrant that you are not located in a country subject to a U.S. government embargo. You agree to comply with all applicable export and import control laws and regulations with respect to your access to and use of the Hudl Site, including the Export Administration Regulations (codified at 15 C.F.R. §§ 730-774).
18. MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT OR A CONSUMER WHO RESIDES IN CANADA, THE IMMEDIATELY FOLLOWING SECTION 18 DOES NOT APPLY TO YOU.
YOU AND HUDL EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE HUDL SITE, OR ANY MARKETING, ADVERTISING, STATEMENTS OR REPRESENTATIONS RELATING TO THE HUDL SITE— IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THIS SECTION 18, RATHER THAN IN COURT. YOU AND HUDL AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THESE PROVISIONS, YOU AND HUDL EACH RETAIN THE RIGHT TO SEEK RESOLUTION OF DISPUTES IN SMALL CLAIMS COURT AS AN ALTERNATIVE TO ARBITRATION.
18.1 Exceptions. The arbitration agreement and class action waiver set forth in this Section 18 shall be subject to these limited exceptions:
(A) Either party may assert claims in small claims court if such claims qualify (so long as the matter remains in such court and advances on an individual (non-class, non-representative) basis).
(B) If the arbitration agreement in these Site Terms is for any reason held to be unenforceable, the parties agree that any legal suit, action, or proceeding arising out of, or related to, these Site Terms or the Hudl Site (except for small claims court actions) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, in each case located in the County of Lancaster. The parties waive any and all objections to the exercise of jurisdiction over such party by such courts and to venue in such courts.
18.2 Informal Dispute Resolution. Before commencing an arbitration or asserting a claim in small claims court, you and Hudl will engage in the following informal dispute resolution process:
(A) The party seeking to initiate a claim in arbitration or small claims court (“Claimant”) must give written notice to the other party (“Respondent”). To notify Hudl that you intend to initiate informal dispute resolution, you must send an email to legal@hudl.com, providing: your full name; the email address associated with your Hudl account (if any); your counsel’s name and contact information, if you are represented by counsel; and a brief description of your claim(s) and the relief sought. To notify you that Hudl intends to initiate informal dispute resolution, Hudl will email you at the email address associated with your Hudl account (or, if none, the email address used for a purchase) and provide a brief description of Hudl’s claim(s) and the relief sought, and Hudl’s counsel’s name and contact information.
(B) You and Hudl will then meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this mutual arbitration agreement. If either you or Hudl is represented by counsel, that counsel may participate in the informal dispute resolution conference.
(C) All offers, promises, conduct, and statements made during the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
(D) The informal dispute resolution conference shall occur within sixty (60) days of receipt of the written notice described above unless an extension is mutually agreed upon by you and Hudl. If, after participating in that conference, you and Hudl are unable to resolve the dispute, the Claimant may commence an arbitration or assert a claim in small claims court in accordance with this arbitration agreement. Neither you nor Hudl may initiate arbitration without first following the informal dispute resolution provided in this Section 18.2.
(E) Any statute of limitations will be tolled while you and Hudl engage in the informal dispute resolution process described in this Section 18.
18.3 Governing Law; Interpretation and Enforcement. The arbitration agreement in these Site Terms is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, you and Hudl agree that the Site Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
18.4 Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the Site Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
18.5 Arbitration Proceedings and Rules. The following rules and procedures shall apply:
(A) Any arbitration will be administered by the American Arbitration Association ("AAA") in accordance with their Consumer Arbitration Rules ("Rules"), except as modified by the Site Terms (as allowed by the Rules). The AAA’s Rules are available on its website at www.adr.org or by calling 1-800-778-7879.
(B) A single neutral arbitrator shall be selected as set forth in the Rules.
(C) To increase the efficiency of administration and resolution of arbitrations: in the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
(D) Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
(E)The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nebraska, including recognized principles of equity, and will honor all claims of privilege recognized by law.
(F) The arbitrator shall not be bound by rulings in prior arbitrations involving different users of Hudl but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
(G) The arbitration will be held in the United States county where you live or use the Hudl Site, or a location you and Hudl mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hudl submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules.
(H) If AAA is unable to conduct the arbitration for any reason, you and Hudl will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider’s applicable rules. If, pursuant to this paragraph, the arbitration is conducted by an arbitration provider other than AAA, references to AAA and its rules in these Site Terms shall be construed as references to that arbitration provider and its applicable rules.
18.6 Commencing an Arbitration. A party who has complied with the informal dispute resolution provisions described above, and who wishes to start arbitration, must complete a form for initiating arbitration proceedings. Such form can be found on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must provide a copy of the completed form to the opposing party where required by the Rules. You may send Hudl a copy at the following address: Agile Sports Technologies, Inc., Attn: Hudl Legal, 600 P Street, Suite #400, Lincoln, Nebraska, 68508. In the event we initiate arbitration against you, Hudl may send a copy of the completed form to the email address we have associated with your account to provide a copy to you.
18.7 Arbitration Fees and Costs. If you commence an arbitration in accordance with this Section 18, you will be required to pay AAA’s then current filing fees. Any other fees shall be payable by the parties pursuant to the Rules.
(A) If the arbitration is conducted by a different arbitration provider in accordance with this Section 18, payment of any filing, administration, or arbitrator fees shall be governed by that provider’s rules.
(B) You agree that AAA, New Era ADR, FairClaims, JAMS, and any other arbitration provider selected pursuant to this Section 18 has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due.
18.8 Attorneys’ Fees. You are responsible for your own attorneys’ fees; Hudl will not pay any attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.
18.9 Delegation; Interpretation. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Site Terms, including, but not limited to, any claim that all or any part of these Hudl Site Terms are void or voidable; however, in the event of a dispute about which particular version of these Site Terms you agreed to, a federal or state court located in Lancaster County, Nebraska will decide that specific question. The arbitrator’s award shall be final and binding. This arbitration agreement is intended to be broadly interpreted and will survive termination of these Site Terms.
Updated 29 Sep 2025
