Terms of Service
Effective Date: October 14, 2025
Last Updated: October 14, 2025
Agreement to Terms
By accessing or using the BPVA Calendar mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.
These Terms constitute a legally binding agreement between you and Buckeye Pole Vault Academy ("BPVA," "we," "our," or "us").
Eligibility
Age Requirements
- You must be at least 13 years old to use the App
- Users between 13 and 17 years old should use the App under parental guidance
- By using the App, you represent and warrant that you meet these age requirements
Account Responsibility
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
Acceptable Use
You Agree To:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate
- Use the App only for lawful purposes
- Respect the privacy and rights of other users
- Comply with all applicable local, state, national, and international laws
You Agree NOT To:
- Use the App for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction
- Harass, abuse, or harm other users
- Impersonate any person or entity
- Attempt to gain unauthorized access to the App or related systems
- Introduce viruses, malware, or other malicious code
- Interfere with or disrupt the App or servers
- Use automated systems (bots, scrapers) to access the App
- Copy, modify, or distribute the App's content without permission
- Reverse engineer, decompile, or disassemble the App
- Remove or modify any copyright or proprietary notices
User Content
Content You Provide
You may submit content such as profile information, photos, and messages ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content as necessary to provide the App's services.
Content Standards
All User Content must:
- Be accurate (where it states facts)
- Be genuinely held (where it states opinions)
- Comply with applicable laws
- Not be defamatory, obscene, offensive, or discriminatory
- Not infringe on intellectual property or privacy rights
- Not contain malicious code
Content Removal
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.
Intellectual Property Rights
Our Property
The App and its original content, features, and functionality are owned by BPVA and are protected by:
- Copyright
- Trademark
- Patent
- Trade secret
- Other intellectual property laws
Your License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the App on your personal devices
- Use the App for your personal, non-commercial purposes
- Access and view content available in the App
This license does not include any rights to:
- Resell or commercial use of the App
- Collection and use of product listings or descriptions
- Any derivative use of the App or its content
- Download or copy of account information for another person
- Any use of data mining or similar data gathering methods
Third-Party Services and Links
Third-Party Integration
The App may integrate with third-party services (e.g., app stores, authentication providers). Your use of these services is governed by their respective terms and privacy policies.
External Links
The App may contain links to third-party websites or resources. We are not responsible for:
- The content or availability of external sites
- Any damages or losses caused by use of such sites
- The privacy practices of external sites
Academy Services
Schedule Information
- Event schedules and information are provided for informational purposes
- We make reasonable efforts to ensure accuracy but do not guarantee it
- We reserve the right to modify, cancel, or reschedule events
- Attendance at events is subject to academy policies and may require separate registration
Not a Substitute
The App is a tool to facilitate communication and scheduling. It does not replace:
- Official academy communications
- Direct communication with coaches and staff
- Safety and liability waivers required for participation
- Payment of academy fees or dues
Disclaimers and Limitations
"AS IS" and "AS AVAILABLE"
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- TITLE
- ACCURACY OR RELIABILITY
No Warranty
We do not warrant that:
- The App will be uninterrupted, secure, or error-free
- Defects will be corrected
- The App is free of viruses or harmful components
- Results obtained from the App will be accurate or reliable
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BPVA SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM:
- Your use or inability to use the App
- Unauthorized access to or alteration of your data
- Third-party conduct or content
- Any other matter relating to the App
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Maximum Liability
In no event shall our total liability to you exceed the amount paid by you, if any, for accessing the App in the past twelve (12) months, or one hundred dollars ($100), whichever is less.
Indemnification
You agree to indemnify, defend, and hold harmless BPVA, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
Modifications to the App
We reserve the right to:
- Modify or discontinue the App (or any part) at any time
- Change features, functionality, or content
- Impose limits on certain features
- Restrict access to parts or all of the App
We will make reasonable efforts to notify you of significant changes, but we are not obligated to do so.
Termination
By You
You may terminate your account at any time by:
- Using the account deletion feature in the App settings
- Contacting us at [email protected]
By Us
We may terminate or suspend your account and access to the App immediately, without prior notice, for:
- Violation of these Terms
- Fraudulent, illegal, or harmful conduct
- At our sole discretion for any reason
Effect of Termination
Upon termination:
- Your right to use the App will immediately cease
- We may delete your account and data (subject to our data retention obligations)
- Provisions of these Terms that should survive (e.g., disclaimers, limitations of liability) will remain in effect
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to conflict of law provisions.
Informal Resolution
Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally.
Arbitration Agreement
Any disputes arising from these Terms or the App shall be resolved through binding arbitration, except:
- Small claims court disputes
- Intellectual property disputes
- Disputes that cannot be arbitrated by law
The arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision will be final and binding.
Class Action Waiver
YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
Exceptions
Some jurisdictions do not allow certain waivers. If these provisions are found to be unenforceable in your jurisdiction, they will not apply to you.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BPVA regarding the App.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms without restriction.
Force Majeure
We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.
Notices
We may provide notices to you via:
- Email to your registered email address
- In-App notifications
- Posting on the App
You should provide notices to us at [email protected].
Export Control
You may not use or export the App in violation of U.S. export laws and regulations.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms in the App
- Updating the "Last Updated" date
- Sending an in-App notification or email
Your continued use of the App after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and delete your account.
Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.