Terms of Use

 

Last updated: September 30, 2019

 

Unmatched Media Group, Inc. (“us”, “we”, “our”) operates http://www.practicehero.io and http://www.practiceherousa.com (the “Sites”). This page informs you, the Customer (“Customer”), of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Sites. Additionally, it informs you of the expectations of you while using the Sites. By accessing the Sites, you agree to the collection and use of information in accordance with this policy, and to use the Sites in compliance with the Terms of Use and Privacy Policy. While the Privacy Policy is a separate agreement, and should be reviewed individually, it is incorporated into this Terms of Use by reference (hereafter collectively referred to as “Terms of Use”). These Terms of Use affect your legal rights and obligations, and should be read in full prior to use of the Sites.

 

 

User Content and Communications

 

Any information you transmit by text or post to the Site shall be considered non-confidential and non-proprietary, except for your Personal Information which is covered under this Terms of Use. We do not claim ownership of any information or material you transmit, distribute, post, communicate, or send. By using the Sites you certify that you are over the age of 18 years old, and that an adult over the age of 18 will be present at any facility or site rented through the Sites and will remain present for the duration of the rental period. You may be asked or required to sign additional facility-specific terms of use or waiver forms upon arrival, or prior to arrival, at any rented facility or site. All users agree to abide by any and all posted safety warnings, notices, or instructions of facility/site staff.

 

Additionally, you agree not to transmit, distribute, post, communicate, or store information on this Sites that:

 

(a) is copyrighted, unless you are the copyright owner;

(b) violates or infringes on any other intellectual property rights of others or the privacy or publicity rights of others;

(c) reveals a trade secret, unless you own it;

(d) is obscene, libelous, defamatory, threatening, harassing, abusive, malicious, hateful, sexually explicit, or embarrassing to any other person or entity, advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or other illegal activities, or involves fraud, stalking, or otherwise violating the legal rights of others, is harmful to minors, attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate or otherwise objectionable, all as determined by RSL in its sole discretion;

(e) violates any applicable law or regulation;

(f) constitutes or contains junk mail, spam, advertisements or solicitations of a business, surveys, contests, chain letters, or pyramid schemes;

(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines, engines, or other software, data, or programs that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data information, or property of another including, but not limited to, the Sites.

 

Violation of any portion or requirement of this Terms of Use is grounds for your account being blocked or removed from the sites. We reserve the right to suspend or remove any account for violations of this Terms of Use, or for any other reasonable complaint. This Terms of Use is governed by the laws of the State of Texas. Customer hereby consents to the personal jurisdiction of the state and federal courts located in Texas for any action or proceeding arising from or relating to this Terms of Use or relating to use of the Sites or relating to any arbitration or mediation in which the parties are participants. Additionally, Customer hereby agrees to bring any and all claims, legal proceedings, or action related to or arising out of this Terms of Use or relating to use of the Sites in Collin County, Texas.

 

Disclaimer of Warranties and Liability

 

THE SITES IS PROVIDED “AS IS”. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITES, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGHOUT THE SITES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITES OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER THERE IS NO WARRANTY THAT THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

 

Additionally, no product/facility/site purchased on the Sites is guaranteed to be suitable for a particular purpose. It is the responsibility of the customer to review any and all products/facilities/sites purchased from the Sites for use in any specific manner. We will not be liable for any damage to person or property stemming from misuse of a product purchased from the Sites. All complaints, damage, or other issues related to use of a facility or site purchased on the Sites should be directed to the facility or site directly. Additionally, we will not be liable for any mistakes made by the customer in the ordering or designing process.

 

Intellectual Property

 

All information provided on the Sites which is subject to copyright, trademark, or patent protection is the property of us, and will remain property of us. By using the site, you do not have the right to copy, reproduce, sell, use, or otherwise exercise the Intellectual Property rights in any way.

 

Changes to this Terms of Use

 

This Terms of Use is effective as of May 14th, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

 

We reserve the right to update or change our Terms of Use at any time and you should check this Terms of Use periodically. Your continued use of the Sites after we post any modifications to the Terms of Use on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms of Use.

 

Contact Us

 

If you have any questions regarding our Terms of Use, or wish to opt out of receiving marketing material from us, please contact us at info@unmatched-media.com.

 


 

Facility Agreement

 

This Facility Agreement is entered into on the date of registration as memorialized in the Facility’s registration page (the ‘Effective Date’) between the Facility as listed on the Facility Registration Page (hereafter referred to as the “Facility”) and Unmatched Media Group, Inc., dba, PracticeHero (hereafter referred to as “PracticeHero”).

 

1. Contract. The Facility engages PracticeHero as an independent contractor to provide booking services for the Facility on the Effective Date and for the term specified subject to the terms and conditions as set forth in this Agreement.

 

2. Term & Termination. This Agreement is legally binding and may be terminated upon thirty (30) days written notice by the Facility or PracticeHero, with or without cause, with no liability going forward. The Agreement begins on Effective Date shall continue in perpetuity unless terminated by either party. In the event of termination by the Facility, all amounts outstanding and due to PracticeHero shall be paid within fourteen (14) days of termination.

 

3. Duties of PracticeHero. PracticeHero agrees to list Facility’s open rental spaces on PracticeHero’s platforms and facilitate renting of the listed spaces by individual third-party renters in consideration for Compensation provided to PracticeHero under Section 5. PracticeHero does not and has not previously made any guarantees to Facility as to minimum rentals for any specified period.

 

4. Pricing. All practice space rental pricing is set by the Facility, and is to be paid directly to the Facility via the payment gateway(s) integrated for use by PracticeHero. PracticeHero will receive a reservation convenience fee per booking, as outlined in Section 5 below, to be paid directly to PracticeHero via payment gateway(s).

 

5. Compensation. PracticeHero will be compensated by the Facility through the payment of the Subscription Rate listed below. In addition to the Subscription Rate, a reservation convenience fee per booking of $5.00 will be paid directly to PracticeHero via the payment gateway(s) by the customer booking the practice space. Facility will also be subject to, a payment processing fee of 2.9% which will be deducted by Stripe Connect from all amounts paid to Facility (for example, if Facility charges $100.00 per hour for use of a field, Stripe Connect will take 2.9% of the $100.00 plus a $.30 fee.).

SUBSCRIPTION RATE:   FACILITY RATE:  First 6 months are free; $39/month following

 

6. Data, Confidentiality and Ownership of Proprietary Information. PracticeHero acknowledges and agrees that any information received from the Facility is owned by the Facility. PracticeHero further agrees that it will treat the Information as strictly confidential. PracticeHero can use facility information, pictures, and logos for the purpose of facility identification and social media promotion across the PracticeHero network.

 

7. Governing Law, Personal Jurisdiction, and Forum Selection. It is the understanding and agreement of the Parties that this Agreement shall be governed by the laws of the State of Texas, without regard to conflict of law provisions. Parties hereby consent to the personal jurisdiction of the state and federal courts located in Texas for any action or proceeding arising from or relating to this Agreement or relating to any arbitration or meditation in which the parties are participants. Parties hereby agree to bring any and all claims, legal proceedings, or litigation related to or arising out of this Agreement in Collin County, Texas.

 

8. Indemnification. Facility agrees to defend, indemnify, and hold harmless PracticeHero, along with its partners, owners, members, principals, employees, contractors, attorneys, agents, and representatives (individually, an “Indemnified Party” and collectively, the “Indemnified Parties”), for, against, and from (a) all third party claims arising out of or related to Facility’s site, actions, activity on premises, and statements made during the course of obligations related to this Agreement, including any losses, costs, damages, expenses (including, without limitation, attorneys’ fees) or other liabilities incurred by PracticeHero in responding to such third party claims, and (b) liabilities, claims (including, without limitation, claims and liabilities relating to remediation, bodily injury and property damage), causes of action, suits, judgments, damages, losses, costs, and expenses (including, without limitation, court costs, reasonable attorneys’ fees, and costs of work) of any nature (individually and collectively, “Losses”), to the extent arising out of, resulting from or incurred as a result of Facility’s site, actions, activity on premises, or statements made during the term of this Agreement or in the course of performing obligations under this Agreement. Facility further agrees to indemnify and hold harmless PracticeHero and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from (i) any negligent, reckless or intentionally wrongful act of Facility or Facility’s assistants, employees or agents, or (ii) any breach by the Facility or Facility’s assistants, employees or agents of any of the covenants contained in this Agreement. The indemnification in this paragraph shall not be limited because all or any part of any losses are (a) covered by insurance and/or (b) partially attributable to the conduct or alleged negligence of any indemnified party.

9. Electronic Signature. By submitting the Facility Registration page, Facility acknowledges and agrees to all terms and conditions contained in this Agreement in full. Furthermore, the check box related to this Agreement and the Terms and Conditions on the Facility Registration Page shall constitute Facility’s electronic signature for purposes of legally binding Facility to this Agreement.

10. Safety of Sites and Insurance. It is the understanding and agreement of the Parties that Facility certifies that all sites listed for rental on PracticeHero’s platforms are suitable for the use for which they are being advertised. For purposes of this section, “suitable for the use” means safe, not presenting any hazardous features or obstructions, properly maintained, and meeting the minimum standards as expected by a reasonable person to be considered suitable for the type of activity advertised. In the event of any incident involving injury, or complaints related to Facility safety, Facility will notify PracticeHero within 24 hours of the nature of the event and provide any additional information as may be requested by PracticeHero in relation to the event or complaint. Facility understands that certain sites may be utilized by minors, and understands the risks and safety protocols related to interactions with such individuals. Facility certifies that all employees, contractors, staff, or other individuals who may have contact with minors have undergone proper background checks, and have been properly trained in interacting with minors. Facility guarantees that it will maintain general business and premises liability insurance for all sites listed on the PracticeHero’s platforms, and that the insurance contains no provisions which would prohibit coverage based on rental through PracticeHero’s platform.