Welcome to RecTimes™, an online booking and facility management service designed especially for sports facilities and their customers. The RecTimes™ website located at www.rectimes.com (the “Site”) is an Internet property of RecTimes, Inc. (“RecTimes™,” “we,” “our” or “us”).  The following RecTimes™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of the RecTimes™ Privacy Policy, the Customer Agreement, and any and all other applicable RecTimes™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). 

You agree to the Agreement, in its entirety, when you: (a) access or use the Site; (b) access, view and/or download certain text, images, photos, video, audio and other content and information featured on the Site, as made available by: (i) RecTimes™ (“RecTimes™ Content”); and (ii) third-parties (“Third-Party Content,” and together with the RecTimes™ Content, the “Content”); (c) access links to RecTimes’™ social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram® and X® (“Social Media Websites”); (d) register, for a fee, as a customer  (“Customer” or “Service”) to the Site and open a RecTimes™ account (“Account”), which enables you, subject to the terms and conditions contained in the separate Customer Agreement, to: (i) access the RecTimes™ platform and associated software (“RecTimes™ Platform”), which enables you to create a unique online user interface (“Venue Interface”) featuring your sports facility or other venue (“Venue”), which your invited users (“Invited Users”) can access in order to book Venue rentals directly from you (“Venue Booking Services”); (ii) Invoicing and Payment Services”); and/or (iii) communicate with your Invited Users via e-mail and other communications functionality associated with your Venue Interface (“Interactive Services”); and/or (e) utilize the various contact forms, live chat functions and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, RecTimes™ (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, RecTimes™ Platform, Venue Interface, Venue Booking Services, Invoicing and Payment Services and Interactive Services, the “RecTimes™ Offerings”).  

Please review the Agreement carefully before accessing the RecTimes™ Offerings.  The Agreement constitutes the entire and only agreement between you and RecTimes™ with respect to your use of the RecTimes™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the RecTimes™ Offerings and/or the products, services and/or programs provided by and/or through same.  Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the RecTimes™ Offerings shall be subject to the Agreement. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to access and/or use the RecTimes™ Offerings in any manner or form whatsoever.

Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”).  X® is a registered trademark of X Corp. (“X”).  Please be advised that RecTimes™ is not in any way affiliated with Meta or X, nor are the RecTimes™ Offerings endorsed, administered or sponsored by Meta or X.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST RECTIMES™ AND ITS SHAREHOLDERS, PARENTS, SUBSIDIARIES, RELATED PARTIES AND/OR MARK/ASWINETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION.  THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Please be advised that RecTimes™ does not itself manage any of the Venues and is not involved in any of the athletic competitions, athletic training or other activities that occur at the Venues (collectively, “Venue Events”).  Venue upkeep, Venue safety guidelines, Venue safety precautions and Venue Events are the sole responsibility of the applicable Invited Users and rCustomers.

The Venue Events, and associated activities related to the Venue Events, may involve risks including, but not limited to, those associated with mental and physical conditioning, equipment and actions of others.  Participation in certain voluntary activities at the Venue Events may include strenuous physical activity and may be hazardous to your health.  You participate in the Venue Events entirely at your own risk.  Participation in the Venue Events may result in physical, emotional or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death.  If you have or suspect that you have developed a medical problem associated with any physical activity undertaken in connection with a Venue Event, promptly contact your health care provider. 

Reliance on any information made available to you by and/or through the RecTimes™ Offerings, including information made available by any Customer, Invited User or third-party, is solely at your own risk.  RecTimes™ and all Covered Parties disclaim any and all liability for any damage or injury based on Content, Events or information directly or indirectly obtained through the RecTimes™ Offerings.

1.  Requirements; Necessary Equipment.  The RecTimes™ Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”).  The RecTimes™ Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity.  If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the RecTimes™ Offerings.  If you do not satisfy all of the Eligibility Requirements, you may not access the RecTimes™ Offerings.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the RecTimes™ Offerings.  RecTimes™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  RecTimes™ does not guarantee that the RecTimes™ Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the RecTimes™ Offerings.  You are fully responsible for all such charges and RecTimes™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

2.  Modification.  To the extent permissible by applicable law, we may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the RecTimes™ Offerings.  By your continued use of the RecTimes™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). 

3.  Registration; Account Log-In.  In order to obtain access to the RecTimes™ Offerings including, without limitation, opening a Customer Account, you must first submit the applicable registration form to RecTimes™ for review and approval (“Form”).  RecTimes™ reserves the right, in its sole discretion, to deny access to the RecTimes™ Offerings to anyone at any time and for any reason, whatsoever.  The registration data that you must supply on the Form may include, without limitation, some or all of the following: (a) your full name; (b) your email address; (c) your billing address (where you purchase a Service); (d) your credit card information (where you purchase a Service); (e) the name of your Entity, if applicable; (f) any additional information regarding your Entity and your Venue; and/or (g) any other information requested on the applicable Form (collectively, “Registration Data”).

You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion.  RecTimes™ will verify and approve all registrants in accordance with its standard verification procedures.  Upon registration, RecTimes™ will set up your specific Account.  During registration, you will be asked to provide a user-name and password to use as your Account log-in identification, where applicable (“Log-In”).  If the Log-In that you request is not available, you will be asked to supply another Log-In.  You can change the user-name and/or password that you selected during registration at any time through your Account settings.  You are responsible for maintaining the confidentiality of your Account and Log-In, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Account and Log-In, including any purchases made therethrough.

In addition to the foregoing, individuals are not permitted to access the RecTimes™ Offerings with a Jail-Broken mobile device.  For purposes of the Agreement, a “Jail-Broken mobile device” is a mobile device that runs Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®.

Apple®, iOS®, iPhone®, iPod touch®, iPad® and Apple TV® are registered trademarks of Apple Inc. (“Apple”).  Please be advised that RecTimes™ is not in any way affiliated with Apple, and the RecTimes™ Offerings are not endorsed, administered or sponsored by Apple.

4.  Service; Interactive Services; Invited User Data; Proprietary RecTimes™ Information.   

(a)  General.  Where you register, for a fee, as a Customer, and agree separately to the Customer Agreement, you will be able to utilize certain of the Site’s many products, services and other features including, but not limited to: (i) the RecTimes™ Platform, which enables you to create a Venue Interface featuring your Venue, which your Invited Users can access in order to book Venue rentals directly from you; (ii) the ability to invoice your Invited Users for Venue rentals, and process payments in connection with same; and/or (iii) the ability to communicate with your Invited Users via the Interactive Services. 

(b)   Interactive Services.  Subject to the restrictions contained herein and in the Customer Agreement, the Interactive Services allow Customers to communicate with their respective Invited Users.  Each Customer shall be solely responsible for the images, videos, graphics, text, comments, opinions, statements, offers, propositions and other material (collectively, “Feedback”) posted by that Customer by and through the Interactive Services.  RecTimes™ reserves the right to prohibit any conduct by Customers or to remove any Feedback from the Interactive Services and/or RecTimes™ Platform at any time and for any reason, in RecTimes’™ sole discretion.  The reasons for removal may include where RecTimes™ believes that the Feedback posted, or activity engaged in, is unsuitable for the Interactive Services and/or RecTimes™ Platform for any reason including, without limitation: (i) that the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, harassing or otherwise objectionable; (ii) that the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; and/or (iii) where RecTimes™ believes a Customer to be in violation of the Agreement.  The Interactive Services contain Content and Feedback that are provided directly by Customers.  RecTimes™ does not supervise the use of the Interactive Services by Customers, nor does RecTimes™ screen or monitor the content of any Content and/or Feedback.  In light of the foregoing, you understand and agree that RecTimes™ shall not be liable to you, any Customers, any Invited Users or any third party for any claim in connection with your use of the Interactive Services.  You agree that RecTimes™ shall have no obligation and incur no liability to you in connection with any Content and/or Feedback appearing in the Interactive Services.  RecTimes™ does not represent or warrant that the Content and/or Feedback shared via the Interactive Services is accurate, complete or appropriate.  RecTimes™ reserves the right, but has no obligation, to monitor disputes between you and other individuals in connection with the Interactive Services.  You understand and agree that RecTimes™ is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services.

(c)   Prohibited Conduct.  As a Customer, you agree that you are solely responsible for: (i) your Customer Content (as defined below), your Feedback, your Venue Interface and/or other information that you publish, transmit and/or post on the Interactive Services; and (ii) your conduct in connection with your Venue including, but not limited to, your interactions with your Invited Users, other third parties and Venue Events.  You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations.  In connection with your use of the Interactive Services, you agree not to: (A) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (B) display any audio files, text, photographs, videos or other images containing confidential information of any third party; (C) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (D) impersonate any person or entity; (E) “stalk” or otherwise harass any person; (F) transmit any chain letters, spam or junk e-mail to Site-visitors or other Customers; (G) express or imply that any statements you make are endorsed by RecTimes™, without our specific prior written consent; (H) harvest or collect personal information of Site-visitors or Customers, whether or not for commercial purposes, without their express consent; (I) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (J) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information of any third party without obtaining the prior consent of the owner of such proprietary rights; (K) remove any copyright, trademark or other proprietary rights notices contained on the Site; (L) interfere with or disrupt the RecTimes™ Offerings and/or the servers or networks connected to the RecTimes™ Offerings; (M) post, offer for download, e-mail or otherwise transmit any material that 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; (N) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (O) “frame” or “mirror” any part of the Site, without our prior written authorization; (P) use metatags or code or other devices containing any reference to RecTimes™ and/or the RecTimes™ Offerings in order to direct any person to any other website for any purpose; and/or (Q) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the RecTimes™ Offerings or any software used on or in connection with the RecTimes™ Offerings.  Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Account without notice, in the sole discretion of RecTimes™.  RecTimes™ reserves the right to pursue any and all legal remedies against Invited Users and/or Customers that engage in the aforementioned prohibited conduct.

(d)  Invited User Data.  Customers shall have the opportunity, from time-to-time, to upload contact information associated with their respective Invited Users (“Invited User Data”), and use same to send e-mail communications to Invited Users via the Interactive Services (“Venue Messages”).  RecTimes™ expressly acknowledges and agrees that title in and to the Invited User Data, and any and all information contained therein, shall at all times remain exclusively in/with the respective Customers.

Customer represents and warrants that their respective Invited User Data was/will be obtained, collected, compiled and continues to be maintained by the Customer, with the express informed consent of the subject Invited Users, in compliance with all applicable laws, rules and/or regulations including, without limitation all e-mail marketing, consumer privacy, data protection and any other laws, statutes and governmental regulations applicable to use of the Invited User Data including, without limitation, the CAN-SPAM Act of 2003, as amended (“CAN-SPAM”), Applicable Privacy Laws (as defined below), California Business and Professions Code § 17529.5, Nevada’s privacy law, as amended by Senate Bill 220 (the “Nevada Privacy Law”), the Michigan Children’s Protection Registry (https://www.protectmichild.com/senders/) and the Utah Child Protection Registry (https://www.registrycompliance.com/apply.html), Canada’s Anti-Spam Legislation (“CASL”), the EU General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK-GDPR”)  (collectively, “Applicable Law”).  For purposes of this Agreement, “Applicable Privacy Laws” shall mean the California Consumer Privacy Act, Cal. Civ. Code § § 1798.100 et seq. (“CCPA”), the California Privacy Rights Act (“CPRA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CDPA”), the Delaware Personal Data Privacy Act (“DPDPA”), the Florida Digital Bill of Rights (“FDBR”), the Indiana Consumer Data Protection Act (“ICDPA”), the Iowa Consumer Data Protection Act (“ICDPA”), the Kentucky Consumer Data Protection Act (“KCDPA”), the Maryland Online Data Privacy Act (“MODPA”), the Minnesota Consumer Data Privacy Act (“MNCDPA”), the Montana Consumer Data Privacy Act (“MCDPA”), the Nebraska Data Privacy Act (“NDPA”), New Hampshire’s SB 255-FN (“NHDPA”), the New Jersey Data Privacy Act (“NJDPA”), the Oregon Consumer Privacy Act (“OCPA”), the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”), the Tennessee Information Protection Act (“TIPA”), the Texas Data Privacy and Security Act (“TDPSA”), the Utah Consumer Privacy Act (“UCPA”) and the Virginia Consumer Data Protection Act (“VCDPA”).

Customer shall immediately notify RecTimes™, in writing, of any requests received from any individual whose personal information is included the Invited User Data uploaded by that Customer, including any requests made pursuant to Applicable Privacy Laws or other Applicable Law to: (i) correct inaccurate and/or outdated personal information; (ii) opt out from the sale and/or sharing of any personal information; and/or (iii) delete any personal information collected.  Each Customer shall timely respond to any and all such requests, as required by Applicable Law.

(e)  Venue Booking Services.  Your Invited Users shall have the opportunity, from time-to-time, to book times to conduct Events at your Venue by and through the Venue Booking Services.  Please be advised, all Invited User Data and messages sent by Invited Users (“Invited User Messages”) in connection with the Venue Booking Services and Interactive Services shall be received and viewed by the applicable Customers.

Each Invited User is solely responsible for the content of their respective Invited User Messages delivered to prospective Customers by and through the Venue Booking Services and Interactive Services.  Each Invited User represents and warrants that her/his respective Invited User Messages will: (i) comply with all Applicable Law; (ii) not infringe upon the intellectual property rights of any third party; and (iii) not include any offensive material, including obscenities, pornography, racist, sexist, hateful, homophobic, libelous or defamatory material, or material that is otherwise offensive or discriminatory to an individual or a group of individuals.

(f)  Invoicing and Payment Services.  In connection with the Invoicing and Payment Services, you can invoice and process payments from your Invited Users directly through the RecTimes™ Platform.  Customer represents and warrants that its billing practices will comply with all applicable laws, rules and regulations applicable to billing consumers for commercial products including, without limitation, all laws applicable to recurring billing. RecTimes™ does not supervise the use of the Invoicing and Payment Services by Customers and/or Invited Users.  In light of the foregoing, you understand and agree that RecTimes™ shall not be liable to you, any Customers, any Invited Users or any third party for any claim in connection with the Invoicing and Payment Services, including any claims related to unpaid invoices, fraudulent/mistaken charges or other similar matters.  RecTimes™ reserves the right, but has no obligation, to monitor disputes between you and other individuals in connection with the Invoicing and Payment Services.  You understand and agree that RecTimes™ is not responsible or liable in any manner whatsoever for your inability to use the Invoicing and Payment Services.

(g)  Proprietary RecTimes™ Property.  The RecTimes™ Offerings (including the RecTimes™ Platform), as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are the sole and exclusive property of RecTimes™ (“Proprietary RecTimes™ Property”).  Without limiting any of the foregoing, you agree that you will:

    (i)  not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, aggregate, copy, duplicate, make available to any person or otherwise use, either directly or indirectly, the Proprietary RecTimes™ Property, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, without express written consent from RecTimes™. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of RecTimes™ or its licensors or allow any third-party to access the Proprietary RecTimes™ Property. Customers and Invited Users are granted a limited license to access and use the Proprietary RecTimes™ Property to which such party has properly gained access. The restrictions set forth in the Agreement shall not apply to the limited extent that the restrictions are prohibited by applicable law; and

    (ii)  not violate or attempt to violate the security of the RecTimes™ Offerings including, without limitation, the following activities: (A) accessing data not intended for you or logging into a server or account which you are not authorized to access; (B) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (C) attempting to interfere with service to any Customer, Invited User, host or network including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (D) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.  Violations of system or network security may result in civil and/or criminal liability. RecTimes™ will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.

(h)  License to Use Your Content, Feedback, Venue Profile and Other Information. You hereby grant to RecTimes™ the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any Feedback, Venue Profile, Content, Registration Data, Invited User Messages or other information that you provide on or through the RecTimes™ Offerings or which is sent to RecTimes™ by e-mail or other correspondence (collectively “Submitted Information”), for any purpose whatsoever. By submitting such Submitted Information to us, you: (i) represent and warrant that RecTimes’™ use of your Submitted Information does not and will not breach any agreement, violate any law or infringe any third party’s rights; (ii) agree that RecTimes™ is free to use in any manner all or part of the Submitted Information on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else.

5.  Venue Events.  The Invited Users ofCustomers can use the RecTimes™ Offerings in connection with scheduling and hosting athletic Venue Events (and other Venue Events).  Each user is solely responsible for her/his interactions with Customers, Invited Users and other third parties at the Venue Events.

The Venue Events, and associated activities related to the Venue Events, may involve risks including, but not limited to, those associated with mental and physical conditioning, equipment and actions of others (including spectators).  Participation in certain voluntary activities at the Venue Events may include strenuous physical activity and may be hazardous to your health.  You participate in the Venue Events entirely at your own risk.  Participation in the Venue Events may result in physical, emotional or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death.  If you have or suspect that you have developed a medical problem associated with any physical activity undertaken in connection with a Venue Event, promptly contact your health care provider. 

6. Service Fees; Account Cancellation; Billing Provisions.

(a)  Service.  You can register and pay for a Service by and through the Site by completing the applicable Form, separately agreeing to the Customer Agreement and providing the requisite Registration Data, including applicable payment information.  Upon completing the Service registration process, your credit card and/or debit card account (collectively, “Payment Method”) that you provided on the initial registration Form or updated at a later date will be charged the applicable Service rate provided at the point of sale, on an annual basis (or less frequently as agreed upon by the parties) for as long as your Account remains active.  Such fees will be charged in advance. You acknowledge and agree that RecTimes™ will not obtain any additional authorization from you for this recurring payment.  Every time that you use your Customer Account, you re-affirm that RecTimes™ is authorized to charge your Payment Method and to have the fees applied to same. 

(b)  Cancellation.  If you wish to cancel your Account, you may do so  according to the the terms of your Customer Agreement, ; (b) calling us at: (877) 220-4404; or (c) e-mailing us at: support@rectimes.com.  In addition, RecTimes™ reserves the right to cancel the Account of any Customer for any reason or no reason, including where RecTimes™ believes that such Customer is in breach of the Agreement, in RecTimes’™ sole and absolute discretion.  You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with RecTimes™.  Upon any termination and/or cancellation of your Account, your license grant, as set forth in Section 9 hereinbelow shall immediately terminate.  Upon cancellation or termination of your Account for any reason, you will not be charged for any subsequent Customer Account monthly fees; provided, however, that: (i) you will remain responsible for timely payment of any and all fees that you have already incurred; (ii) you shall not receive any pro-rata refund for partial months; and (iii) we will not refund any amounts previously paid up to the date of cancellation or termination.  UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.

(c)  General Billing Provisions.  You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Account may be cancelled.  Changes to such information can be made by utilizing the options made available in your Customer Account section on the Site or contacting a customer care professional at: support@rectimes.com.  If your selected Payment Method is a credit card and your credit card fails to process for a subsequent renewal of your Service, you agree that RecTimes™ may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay any fees in a timely manner, your Account may be sent to collection.  All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States.  Failure to use your Service does not constitute a basis for refusing to pay any of the associated charges.  Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of RecTimes™ in effect at any given time.  Upon reasonable prior notice to you (with Site-updates and e-mail sufficing), RecTimes™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion.  Continued use of your Service after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

(d)    Electronic Signatures.  RecTimes’™ authorization to provide and bill for the Service fees is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation.  Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.  RecTimes’™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”).  Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE RECTIMES™ OFFERINGS.  Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

7. Content.

(a)  General Terms.  Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site, RecTimes™ Platform, Interactive Services and/or other RecTimes™ Offerings.  The Content shall at all times remain subject to the disclaimers set forth in these Terms and Conditions, as well as elsewhere on the Site and in the Agreement.  The Content is compiled, distributed and displayed by RecTimes™, as well as third-party content providers, such as Customers and Invited Users (collectively, “Third-Party Providers”).  RecTimes™ does not control the Content provided by Third-Party Providers that is made available by and through the RecTimes™ Offerings.  Please be advised that RecTimes™ does not verify or fact-check statements made by Third-Party Providers in connection with the Content. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content.  The Content should not necessarily be relied upon.  RecTimes™ does not represent or warrant that the Content and other information posted by and/or through the RecTimes™ Offerings is accurate, complete, up-to-date or appropriate.  Users understand and agree that RecTimes™ will not be responsible for, and RecTimes™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers.  Users agree that RecTimes™ shall have no obligation and incur no liability to such users in connection with any Content.  Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Content.

(b)  Non-Endorsement. The publication of any Content provided by Third-Party Providers (including Customer Content) by and through the RecTimes™ Offerings does not constitute an endorsement by RecTimes™ of the subject Third-Party Provider.

8.  Non-Endorsement; Passive Conduit.

(a)   RecTimes™ does not sponsor, recommend or endorse any Customer, Invited user, Venue and/or Venue Events, that are featured and/or accessible by or through the RecTimes™ Offerings.  Customers pay a fee for access to the RecTimes™ Platform and other RecTimes™ Offerings.

(b)   Please use caution and common sense when Interactive Services. RecTimes™ in no way endorses the content or legality of any responses, statements or promises made by any Customers, Invited Users and/or any other parties utilizing the Interactive Services and other RecTimes™ Offerings.

(c)   RecTimes™ does not involve itself in the agreements between Customers and Invited Users, or any relationships created thereby. Therefore, RecTimes™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of its Customers and/or any Invited Users, as applicable.  Each Customer and Invited User, and not RecTimes™, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of each party.

9.  License Grant.  As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the RecTimes™ Offerings, Proprietary RecTimes™ Property and all other material, products and/or services posted or made available by and through same (collectively, “RecTimes™ Material”) in accordance with the Agreement.  RecTimes™ may terminate this license at any time for any reason.  Unless otherwise expressly authorized by RecTimes™, you may only use the RecTimes™ Material for your own personal, non-commercial use.  No part of the RecTimes™ Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the RecTimes™ Material and/or any portion thereof.  You may not create any “derivative works” by altering any aspect of the RecTimes™ Material.  You may not use RecTimes™ Material in conjunction with any other third-party content (e.g., to provide sound for a film).  You may not exploit any aspect of the RecTimes™ Material for any commercial purposes not expressly permitted by RecTimes™ (including the bundled sale of such RecTimes™ Material).  Systematic retrieval of the RecTimes™ Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RecTimes™ is strictly prohibited.  You further agree to indemnify and hold harmless RecTimes™ for your failure to comply with this Section 9.  RecTimes™ reserves any rights not explicitly granted in the Agreement.   

10.  Proprietary Rights.  All RecTimes™ Material is owned or licensed by or to RecTimes™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  Except as expressly provided in the Agreement, no part of RecTimes™ Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without RecTimes’™ prior express written consent.  Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of RecTimes™ Material.  The posting of information or material on the Site by RecTimes™ does not constitute a waiver of any right in or to such information and/or materials.  RecTimes™ reserves all rights not expressly granted hereunder.  The “RecTimes” name and logo are trademarks of RecTimes, Inc.  All other trademarks are the property of their respective owners.  The use of any RecTimes™ trademark without RecTimes’™ express written consent is strictly prohibited.

11.  Indemnification.  To the fullest extent permissible by applicable law, you agree to indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by a Covered Party and/or any third party due to or arising out of: (a) your unauthorized and/or improper use of the RecTimes™ Offerings; (b) your breach of the Agreement and/or violation of Applicable Law; (c) any dispute between you and any other Customers, Invited Users and/or other third parties; (d) any claim that RecTimes™ owes any taxes in connection with your use of the RecTimes™ Offerings; (e) any claim related to your Venue and/or Venue Events; and/or (e) your violation of any rights of another individual and/or entity.  The provisions of this Section 11 are for the benefit of RecTimes™ and the other Covered Parties.  To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

12.  Disclaimer of Warranties.  THE RECTIMES™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RECTIMES™ MAKES NO WARRANTY THAT THE RECTIMES™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC INCOME, REVENUE OR OTHER FINANCIAL OUTCOME ASSOCIATED WITH YOUR VENUE; (F) WILL RESULT IN YOUR ACCESS TO THE RECTIMES™ PLATFORM AND/OR ANY CUSTOMER SERVICES; AND/OR (G) WILL BE ACCURATE OR RELIABLE.  THE RECTIMES™ OFFERINGS, RECTIMES™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  RECTIMES™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECTIMES™, ANY CUSTOMERS, VENDORS, THIRD-PARTY PERK PROVIDERS OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the RecTimes™ Offerings including, without limitation, problems with the RecTimes™ Platform, the Site, computer systems, telephone carriers, Internet service providers or the quality of coverage, strength of signal, delays or outages in service.

13.  Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT RECTIMES™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RECTIMES™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE RECTIMES™ OFFERINGS, RECTIMES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, RECTIMES™ PLATFORM OR OTHER RECTIMES™ OFFERINGS INCLUDING, WITHOUT LIMITATION, INVITED USER INFORMATION COLLECTED BY YOU, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (D) THE FAILURE TO REALIZE ANY SPECIFIC INCOME, REVENUE OR OTHER FINANCIAL OUTCOME RELATED TO YOUR VENUE; (E) YOUR FAILURE TO OBTAIN ACCESS TO THE RECTIMES™ PLATFORM AND/OR ANY CUSTOMER SERVICES; (F) ANY INJURY SUFFERED AT YOUR VENUE; AND/OR (G) ANY OTHER MATTER RELATING TO THE RECTIMES™ OFFERINGS, RECTIMES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE RECTIMES™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RECTIMES™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RECTIMES™.  ACCESS TO THE RECTIMES™ OFFERINGS, RECTIMES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, THE LIABILITY OF RECTIMES™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Legal Warning.  If you bypass or disable any portion of the RecTimes™ Offerings or associated software including, without limitation, the operation of RecTimes’™ systems, you are in violation of the Agreement and RecTimes™ may suspend or terminate your Account without notice.  Termination of your Account will not excuse you from any criminal or other civil liabilities that may result from your actions. 

15.  Third-Party Websites.  The RecTimes™ Offerings may provide links to other Internet websites and/or resources including, without limitation, the websites of other Customers/Venues and the Social Media Websites.  Because RecTimes™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that RecTimes™ is not responsible for the availability or content of such third party websites and/or associated resources.  Furthermore, RecTimes™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom or associated therewith. 

16.  User Information.  All Submitted Information, Registration Data and/or materials that you submit through or in association with the RecTimes™ Offerings shall be subject to the RecTimes™ Privacy Policy.  For a copy of the RecTimes™ Privacy Policy, please click here.

17.  Copyright Policy/DMCA Compliance.  RecTimes™ reserves the right to terminate the Account of any Customer who infringes upon third-party copyrights.  If any Customer or other third-party believes that a copyrighted work has been copied and/or posted via the RecTimes™ Offerings in a way that constitutes copyright infringement, that party should provide RecTimes™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for RecTimes’™ Copyright Agent for notice of claims of copyright infringement is as follows:

Fross Zelnick
Attn: Copyright Attorney
51 West 42nd St., 17th Fl.

New York, NY 10036

212.813.5900

aricketts@fzlz.com

18.  Dispute Resolution Provisions.  The Agreement shall be treated as though it were executed and performed in New York, NY, shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New York.  The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either RecTimes™ or any Covered Party concerning the RecTimes™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that RecTimes™ reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against RecTimes™ that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide RecTimes™ with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous. 

To the extent permitted by law, and other than where RecTimes™ requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against RecTimes™, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that RecTimes™ and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

19.  California User Consumer Rights.  In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. 

20.  Miscellaneous.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  The Agreement is personal between you and RecTimes™ and it governs your use of the RecTimes™ Offerings and RecTimes™ Material.  To the extent that anything in or associated with the RecTimes™ Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence; provided, however, that with respect to Customers, to the extent that anything in these Terms and Conditions is inconsistent with the Customer Agreement, the Customer Agreement shall take precedence.  RecTimes’™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

21.  Contact Us.  If you have any questions about the Agreement or the practices of RecTimes™, please call us at: (800) 257-3681; or email us as at: support@rectimes.com.