Last updated: July 1, 2021
Your use of this Esports Tower text message service (the “Service”) constitutes your agreement to these terms and conditions. Our website Terms of Service and Privacy Policy also apply to your use of the Service. For purposes of these terms, “you” shall mean the owner or authorized user of the mobile device whose telephone number is submitted to subscribe to the Service. You must be the mobile account holder and at least 18 years of age or have a parent or guardian’s permission in order to participate.
Please read these terms carefully. Your use and continued access of the Service will constitute your ongoing agreement to these terms with their changes and revisions. You represent that you are authorized to accept these terms. If you cannot accept these terms, do not use the Service. We may amend these terms and modify or cancel the Service or any of its features without notice. It is your responsibility to regularly check the site to determine if there have been changes to these terms and to review such changes. Your failure to abide by these terms may result in suspension or termination of your access to the Service, without notice, in addition to Esports Tower’s other remedies. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator, including message and data rates which may apply.
Effective date: July 1, 2021 – Domains and Email Addresses Updated as of September 2019.
You acknowledge and agree, as provided in greater detail in this Agreement, that:
The Service is licensed and not sold to you;
- If you are under the age of thirteen (13) you must not create an Esports Tower Account or use the Service;
- If you are between the ages of thirteen (13) and eighteen (18) you must have your parent or guardian’s permission to create an account and to use the Service;
- By using the Service you consent to the collection, use and disclosure of your personally identifiable information and to having your personally identifiable information collected, used, transferred to and processed in the United States as set forth in our Privacy Policy.
- Esports Tower primarily communicates with customers via email. We may send you service-related notices and messages about matters such as changes to program features and special offers by email. You may unsubscribe from messages about changes to program features and special offers at any time, however you may continue to receive service-related notices sent by email.
- Your use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service of videogame publishers, streaming platforms and social media platforms, which are your sole responsibility;
- Optional communication using mobile text messaging SMS Alert Terms carefully;
- The Service is provided “As Is,” “As Available,” and “Where Available” and without warranties of any kind and, to the maximum extent permitted by law, Esports Tower liability to you is limited; Esports Tower reserves the right to modify this Agreement in its sole discretion and will provide notice of these changes as described below; and
- As provided in sections 16, this agreement contains mandatory individual mediation before arbitration and class action/jury trial waiver provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Some jurisdictions do not recognize mandatory arbitration or class action/jury trial waiver provisions within consumer contracts. If these laws apply to you, sections 16.2 and 16.3 may not apply and you may have additional rights.
As part of the Service, Esports Tower provides a platform that enables Users to participate in:
(i) personalized or group coaching, VOD reviews and training (“coaching”, “clubs”),
(ii) electronic sports (“esports”) leagues, tournaments, combines, rumbles, scrimmages, matches, competitions or
professional networking opportunities (“esports events,” “events”, “competitions”),
(iii) workshops, seminars, lectures, (“esports education” “Esports Tower Approach®,” “Esports Tower Coaching Academy”),
(iv) contests, special offers, sweepstakes (“promotions”)
(v) college and university networking, recruitment, scouting, activation (“recruiting”).
1. SERVICE
a. Text Message Programs
Courtesy Hold Reminder Text Messages Subscription
By subscribing, you agree to receive courtesy hold reminder text messages from Esports Tower or its third party service provider through your wireless provider to the mobile number you provided. Messages may be sent using an automatic telephone dialing system and using SMS technology. You understand that consent to receive such text messages is not required as a condition of purchasing any goods or services.
You agree to provide us with a valid mobile number. You represent and warrant that you are the registered owner or authorized user of the mobile number you provided and that you are authorized to enroll the designated phone number to receive such text messages. You agree and represent that the mobile number you provide at subscription is accurate and up-to-date. If you change your mobile number, you agree to opt out of the Service prior to changing your mobile number. For information on how to unsubscribe, please see Section 1(d)(i) below.
b. Functionality and Mobile Use Precautions
This Service is offered on an “as is” and “as available” basis without warranties of any kind, except as otherwise expressly stated. Text messaging service may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Esports Tower or its text messaging provider does not guarantee message delivery, timeliness, or that messaging Services will be available at all times. Esports Tower is not responsible for messages that are lost or misdirected. Esports Tower may send you a confirmation text when you opt in or out to receive text messages.
c. Third Party Charges and Mobile Alerts
A mobile phone or wireless device is required to use the Service. The messaging Service is not available on all rates plans. Your carrier may charge you for each text message sent and received. Higher rates may apply to messages received when travelling internationally. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Service. Under no circumstances will Esports Tower, its selected third party service provider, any of its agents or respective corporate affiliates be responsible or liable for any text messaging or wireless service charges incurred by you or a person that had access to your mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with your participating carrier.
d. How to Unsubscribe from the Service
Courtesy Hold Reminder Text Messages
You may unsubscribe at any time by texting the word STOP to 45348 to cancel. The STOP request includes your agreement that Esports Tower or its third party service provider may send to your mobile number a single confirmation message within 24 hours of receipt of your STOP message. Unsubscribing from one text messaging program will not unsubscribe you from other Esports Tower text messaging programs (if you have previously subscribed to receive those text messages).
e. Use of the Service
The Service is intended for your personal, noncommercial use only. You are solely responsible for maintaining confidentiality of your contact information and information received on your mobile phone, and for failure to do so. You are solely responsible for all use of the Service by you and anyone you allow access to the Service on your mobile phone.
2. THIRD PARTY SERVICE PROVIDERS
Esports Tower reserves the right to hire a third party for the purpose of providing its Service. You acknowledge that all third party Service providers are independent contractors, and that Esports Tower neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. You agree that Esports Tower assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you in connection with the Service. Consent to receive messages from Esports Tower includes consent to receive messages transmitted for Esports Tower by a third party.
3. INDEMNIFICATION AND RELEASE
You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or service.
You hereby agree to release Esports Tower, its affiliates and third-party service providers and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.
4. GENERAL TERMS
This Agreement is governed by the laws of the state of Florida without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein. Any delay or failure to enforce any term by Esports Tower shall not be deemed a waiver. Any cause of action must be brought within ONE YEAR of the date the claim arises.