Hp Court Connect

Book a Court and Find Friends to Play
Connect with a Court Buddy to play tennis and pickleball in HP!

Overview

Below is an overview of the Terms and Conditions of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms and Conditions of Service because the terms thereof (and not this overview) is our legally binding contract, which you are agreeing to by using the HP Court Connect app. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver, among other things.

Your Relationship with Court Connect.

  • By using our Platform, you are agreeing to our Terms and Conditions of Service. The Terms and Conditions of Service are a legally binding agreement between you and HP Court Connect.

  • If you break the rules, we may suspend or terminate your account.

  • We presently do not charge for any aspects of our Platform, but may choose to do so in the future, in which case it is highly likely that any such fees will be billed on a regular and recurring basis.

Meeting Up With Other Users

  • Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected or even potentially dangerous situations. You understand that by using our Platform you are acknowledging and agreeing that we can’t control what happens in the real world, and as a result, we will not be responsible for anything that does unless it is the cause of our intentional misconduct.

  • You should use common sense and good judgment when interacting with others whether through our Platform or otherwise, and you expressly acknowledge and agree that we will not be held liable for any harm or damages you may suffer as a result of meeting up with another user of our Platform.

Your Content and Content of Others

  • You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms and Conditions of Service and all other relevant laws, regulations, rules, mandates, and the like.

  • We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect HP Court Connect and our Platform for the benefit of you and others. Thus, by downloading and using our Platform you are granting us and irrevocable license to use your Content.

  • We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us through the appropriate channels.

Our Platform

  • We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.

  • We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.

  • By using our Platform, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. You agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.

  • Further all Users agree that if they have downloaded and are using the Platform, they are then residents of Highland Park, Texas.

(remainder of page is intentionally left blank – Terms of Service begin on the following page)

Terms of Service

Last Updated: 12/04/2024

Our Terms of Service contain important information about your legal rights. To make it easier to understand, we have provided summaries and tips throughout these terms and conditions. These summaries and tips are not part of the official terms but only provided to assist you in reading and understanding this Agreement, so it is important for you to read the language in each section carefully before agreeing hereto.

This Agreement

Summary: You agree to follow some basic rules when using HP Court Connect’s Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.

The Agreement. HP Court Connect enables you and other members to arrange offline, real- world meetups to play tennis matches and/or pickleball matches with other residents of Highland Park, Texas on/at the tennis courts located throughout Highland Park, Texas. The terms “HP Court Connect” “we,” “us,” and “our” include VG, LLC and any corporate parent, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by HP Court Connect, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with any other policies, standards, restrictions, and guidelines issued by us. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.

Tip:We have included summaries and tips to provide an overview of some legal concepts and answer common questions, but the text of these summaries and tips are for your convenience only and do not have a legal effect.

Tip:These Terms of Service are an agreement between you and HP Court Connect and not between you and any other user.

Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised

Agreement. If you do not wish to accept the revised Agreement, you can close your account and delete the application/Platform.

Your Account

Summary: You need to be at least 18 years old and a resident of Highland Park, Texas to use our Platform. HP Court Connect organizers control the Content and information posted on and through their account, however, we may remove any Content you post or terminate your account at any time and for any reason.

Eligibility. Our Platform is available to anyone who is at least 18 years old and who resides in Highland Park, Texas. You represent that you are at least 18 years of age and that you reside in Highland Park, Texas at all times during which you have access to and/or use our Platform. Additional eligibility requirements for a particular portion of our Platform may be set by any user who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a user to meet up to play a tennis match against another user may be set by the user who is organizing the relevant match.

Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the HP Court Connect community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email HP Court Connect if you believe the modification, suspension, or termination has occurred in error.

Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password if one is required. If a password is required, we strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality , such as by sharing your account credentials with others, or as a result of our Platform not requiring you to have/use a password to access your account. If someone is using your password or accessing your account without your permission, email us at the address provided in the HP Court Connect app.

License to the HP Court Connect Platform and Services. Subject to your compliance with this Agreement, HP Court Connect grants you a limited, non-exclusive, revocable, non- sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.

Assumption of Risk.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH INTERACTING WITH OTHER USERS ON A PLATFORM SUCH AS HP COURT CONNECT. HP COURT CONNECT DOES NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND OR ANY INFORMATION THAT A USER MAY SUBMIT TO HP COURT CONNECT (EXCEPT AS MAY BE REQUIRED BY LAW OR REGULATION). ANY PERSONAL INFORMATION THAT YOU PROVIDE TO ANOTHER USER ON THE PLATFORM IS DONE VOLUNTARILY AND YOU ASSUME ALL RISK IN CONNECTION WITH THE DISCLOSURE OF SUCH PERSONAL INFORMATION. YOU ARE ALSO SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH, PARTICULARLY WHEN MEETING A STRANGER OR OTHER USERS IN PERSON. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES, AND YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO INTERACTING WITH OTHER USERS, MEETING UP WITH OTHER USERS, AND OTHERWISE USING HP COURT CONNECT.

HP Court Connect is not responsible for the conduct of any user. As noted in and without limiting the other Sections herein, in no event shall HP Court Connect, its managers, owners, representatives, affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service offered by HP Court Connect, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through HP Court Connect. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off HP Court Connect or meet someone in person.

Your Content and Privacy

Summary: You are responsible for the Content you post on our Platform or send to us. You give us a license to use this Content to operate, improve, promote, and protect HP Court Connect and our Platform. Our Privacy Policy, if any, explains how we collect and use information you provide about yourself and the information that may be associated with you, and explains the limited ways we may share this information.

Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to HP Court Connect. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include, but are not limited to:

  • The material that users typically post to the Platform, such as information about you and your profile, information about your abilities as a tennis and/or pickleball player, and information about matches, competitions, results, comments, photos, etc.;

  • All feedback, suggestions, and other communications that you send or direct to HP Court Connect, and which is exchanged between users of our Platform.

By being responsible for your Content, you agree, among other things, that:

  • You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to HP Court Connect;

  • Your Content does not include personal, private or confidential information belonging to others; and

  • Your Content does not otherwise violate the rights of any individual or entity or any laws of the United States and the states, cities, and counties in which you reside.

You also agree that you and your Content comply with this Agreement, including any other policies, standards, restrictions, and guidelines issued by us or relevant to HP Court Connect or our Platform. You also agree that we may remove the metadata associated with your Content if we choose to do so, but that we are not required to do so.

Tip: Search engines may be able to see public areas of the Platform. Your Content within these areas, such as the name and location that you provide during registration, and/or otherwise on/through our Platform, may appear in search results.

Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect HP Court Connect and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant HP Court Connect a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a user of HP Court Connect or of the Platform, if desired by HP Court Connect.

Tip: This license doesn’t give us ownership of any of your Content. It simply gives us and users the right to use it on or related to the Platform. This license continues even if you close your account, because it’s necessary for us to operate the Platform.

Privacy. HP Court Connect collects registration and other information about you through our Platform. Please refer to our Privacy Policy, if any, for details on how we collect, use, and disclose

this information. These policies do not govern use of information that you provide to third parties, such as to organizers and other users of HP Court Connect Platform.

Tip: HP Court Connect has no control over how other users may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Platform.

Your Use of Our Platform

Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform.

Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you follow these Terms and Conditions along with any other policies, standards, restrictions, and guidelines issued by us or relevant to HP Court Connect or our Platform. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.

In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.

When the Platform uses third party services to provide certain features and services for our users, our users may be required to comply with the terms of service that apply to these features and services. For example, if some areas of our Platform feature mapping services provided by Google Maps and Google Earth, then when you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.

If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email HP Court Connect if you believe the modification, suspension, or termination has occurred in error.

Content of Others. HP Court Connect does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members, nor do we have any obligation to take any other action with regard to inappropriate Content.

Interactions with Others. HP Court Connect is not a party to any offline arrangements made through our Platform. HP Court Connect does not conduct or require background checks on users and does not attempt to verify the truth or accuracy of statements made by users. HP Court

Connect makes no representations or warranties concerning the conduct or Content of any users or their interactions with you.

Tip: Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at HP Court Connect events. If you have a concern regarding other members, you can report it through the HP Court Connect app or via the email address provided therein.

Prohibited Uses of the Platform. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.

You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in HP Court Connect communications and/or events or matches. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer strictly necessary for the administration of a HP Court Connect match or event or promptly following a request from HP Court Connect, and you will promptly certify to such deletion.

Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.

Third Party Sites and Services. The Platform may contain links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.

Release

Summary: To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, user interactions—whether electronically through HP Court Connect, through other electronic means, or in person—nor in connection with any match or event scheduled or coordinated through our Platform. You also agree not to hold other users responsible for their negligence in connection with their Content, a match, or other interaction through our Platform.

To the full extent permitted by applicable law, you agree to and hereby do release us and all of our officers, directors, shareholders, members, managers, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and all other third-party partners of ours (collectively, the “Released Parties”) from any and all claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, any interactions with other users, or in connection with any match or event. You also agree, to the full extent permitted by applicable law, to release all other users of our Platform from Claims based on a users negligence arising out of or in any way connected with their Content, a match, or event scheduled, coordinated, or otherwise related in any way to HP Court Connect.

You acknowledge that events and/or matches scheduled and/or coordinated through HP Court Connect carry inherent dangers, such as the risk of illness, bodily injury, disability, harassment, or even death. By participating in any event scheduled, coordinated or otherwise related in any way to HP Court Connect, you understand and agree that you have freely chosen to assume these risks and that you forever release and indemnify all Released Parties from any and all liability related thereto or which may arise as a result thereof, save and except for harms resulting from HP Court Connect’s intentional misconduct.

Indemnification

Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform or any harm You or any other User may suffer related to HP Court Connect and/or the use of our Platform. This includes upfront payment of all legal fees and expenses incurred as a result of the foregoing.

To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Released Parties harmless from any and all Claims, made by any party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content,

(d) your violation of any law, statute, ordinance or regulation or the rights of another party, or (e) your participation or conduct in an event or match which causes harm to another or which violates this Agreement. You agree to promptly notify us of any Claims or threat of any Claims, cooperate with all Released Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees) as same come due. You agree not to settle any Claim without our prior written consent.

Warranty Disclaimer and Limitation of Liability

Summary: Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform. To the extent we are found liable for any reason, you agree that our liability shall always be limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.

Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform,

(b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.

Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Released Parties be found or held liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Released Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence and/or gross negligence),

(b) statements or conduct of, or transactions and/or interactions with any other user or third party on or through or as a result of the Platform, (c) your use of our Platform or transportation to or from matches and/or events, attendance at matches and/or events, participation in or exclusion from matches and/or events and the actions of you or others at any such match and/or event, or (d) any other matter relating to HP Court Connect or the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid

to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our fraud or intentional misconduct.

Dispute Resolution

Summary: If you have a dispute with HP Court Connect, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action and you waive your right to pursue claims against us or any related party as a class. HP Court Connect also has no obligation to get involved with any disputes you have with other users, although we may try to facilitate a resolution if we choose to do so.

Informal Resolution. Before making any claim, you and HP Court Connect agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in any related matches and/or events. You or HP Court Connect may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or HP Court Connect may bring a claim in accordance with this Section 9.

Arbitration Agreement. The arbitration procedures described in this Section 9.2 applies to all users of HP Court Connect.

Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to JAMS, Inc., or its successor (“JAMS”) located in Dallas, Texas, for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and HP Court Connect are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with HP Court Connect.

Arbitration Time for Filing. Any claim subject to arbitration must be filed within two (2) years and one (1) day after the event giving rise to the claim occurred, or before the expiration of the relevant statute of limitations for such claim, whichever is earlier. Failure to initiate arbitration prior to such date and time shall result in a release and waiver of all such claims.

Arbitration Procedures. Either party may commence arbitration by filing a written demand for arbitration with JAMS in Dallas, Texas, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) that are in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these

arbitration provisions. Any arbitration hearings will take place in Dallas, Dallas County, Texas. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees, and expenses, including attorneys’ fees, to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Exceptions. None.

Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at the email address provided in the HP Court Connect app within 30 days of the date you are considered to have first agreed to this Agreement. Your email must include your full name, residential address, the email address registered to your HP Court Connect account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Section 9.2 of this Agreement does not apply to you. This opt-out does not affect any other sections of this Agreement, including but not limited to, Sections 9.3 (Exceptions), 9.5 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for Filing).

Class Action Waiver. You agree to resolve disputes with HP Court Connect on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

Intellectual Property

Summary: If you use HP Court Connect’s trademark, be sure to follow our Trademark Usage Guidelines, if any, and obtain our permission prior to using our Trademark. Also, don’t infringe on anyone’s intellectual property.

Intellectual Property of HP Court Connect. HP Court Connect trademarks, logos, service marks, and service names are the intellectual property of HP Court Connect. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. Except as described in relevant policies and/or guidelines issued by us, you agree not to use our intellectual property without our prior written consent.

Intellectual Property of Others. HP Court Connect respects the intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. Nevertheless, you understand and agree that we have no obligation

and are otherwise not required to take any action related to infringement of intellection property rights of others on or through HP Court Connect.

11. General Terms

Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.

11.1 Translation. This Agreement was written in English. It may then be translated into other languages. If such a translation exists and there is any inconsistency between the English version and a translated version, the English language version controls.

11.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to VG, LLC, Attn: Michael B. Tobolowsky, 4305 W Lovers Lane, Dallas, TX 75209 and by email to the email address provided in the HP Court Connect app. Any notice to you shall be given to the most current email address in your account or through one of the channels available on our Platform.

11.3 Entire Agreement. This Agreement, including all other policies, standards, rules, regulations, restrictions, guidelines, terms and conditions issued or adopted by us or which otherwise apply to our Platform, constitutes the entire agreement between you and HP Court Connect, superseding any prior agreements between you and HP Court Connect on such subject matter.

11.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship between you and HP Court Connect is intended or created by this Agreement. A user of the HP Court Connect Platform is not an HP Court Connect representative or agent, and may not enter into an agreement on HP Court Connect’s behalf.

11.5 Governing Law. This Agreement and the relationship between you and HP Court Connect shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions.

11.6 Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you properly and timely opt out of arbitration pursuant to the terms hereof, you and HP Court Connect agree that any judicial proceedings must be brought exclusively in the state district courts located in Dallas County, Texas, and you and HP Court Connect agree to venue and personal jurisdiction in those courts and agree that you hereby waive any right you may have to contest venue or jurisdiction in such Courts or to complain that such venue is inconvenient or should otherwise be transferred.

11.7 Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with HP Court Connect prior written consent, but may be assigned or transferred by us to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of HP Court Connect’s assets, or similar transaction.

11.8 No Waiver. Any failure by HP Court Connect to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

11.9 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and HP Court Connect nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

11.10 Thank you. Please accept our wholehearted thanks for reading our Terms of Service.

11.11 Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the user account that has been terminated, provided that the provisions listed in Section 11.13 will survive such termination.

11.12 Survival. Sections 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.

11.13 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in “Terms of Service Overview” section and in the “Tips” and “Summary” sections is also for convenience only and has no legal or contractual effect.

11.14 Violations. Please report any violations of this Agreement by a member or third party by sending an email to the email address provided in the HP Court Connect app.