Terms of Use

Date last updated: September 12, 2025

INTRODUCTION

These Terms of Service (“Terms”), along with the Privacy Policy, constitute a binding “Agreement” established by and between a customer (hereinafter referred to also as “you”, “User”), and Trajekt Sports Inc., a Canadian corporation, and/or its affiliates (“Trajekt”, “us” or “we”), jointly referred to as “Parties”.

These Terms apply to your access or use our website located at https://www.trajektsports.com/ (the “Website”), use our mobile application, Trajekt Sports app https://www.trajektsports.app/, (the “App”), when you apply for a job through our Website, and when you interact with us through any other websites, pages, features, or content owned and operated by us that direct to this Terms (collectively, the “Services”).

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.

YOU MAY NOT USE THE WEBSITE OR THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION/REPRESENTATIVE-TYPE ACTION WAIVER, WHICH STATES THAT BOTH OF US AGREE TO RESOLVE ANY DISPUTES IN BINDING ARBITRATION. ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE CAPACITY. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. 

WHILE YOU MUST AGREE TO THESE PROVISIONS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

These Terms may be amended by Trajekt from time to time. Please periodically review the controlling, online version of these Terms. By continuing to use the Services subsequent to Trajekt making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment. 

SAFETY NOTICE: Before using the pitching machine, please review the Safety Notice carefully. The Safety Notice provides important information about the safe handling, operation, and maintenance of the device. You can access the Safety Notice online at Safety Notice. By using the device, you acknowledge that you have read, understood, and agreed to follow the guidelines outlined in the Safety Notice.

  1. The Trajekt App 

Trajekt offers an App intended to operate with the pitching machine to provide users with tools to track and analyze their sports performance. You may use the App for personal, non-commercial purposes unless explicitly authorized otherwise. 

2. Account Services 

Some of our Services allow the creation of an account. When any of the Services require you to open an account (“Account”) or otherwise provide user or registration information, including user name and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any user name and password relied upon to gain access to your Account, and for use by you and any other person or entity that accesses our Services by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Service the right to use, store, monitor, retrieve and transmit your user information in connection with maintaining and operating the Service. Our information collection and use policies with respect to the privacy of your user information are set forth in the Privacy Policy, which is incorporated in these Terms by reference for all purposes and can be found here Privacy Policy.

3. Product Orders 

From time to time, we make products and services available on our Website. When you place an order, concurrent with your online order, you are representing you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by debit or credit card or other electronic means, or by other payment means acceptable to us. You agree to pay all applicable taxes. If we do not receive payment from your debit or credit card issuer or any other electronic means, or their agents, you agree to pay all amounts due upon demand by us. 

Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment. 

Despite our best efforts, some items may be mispriced. If the correct price of an item sold by us is different than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We also may offer certain promotions or special pricing that are only available for a limited time.

4. Risk of Loss & Delivery 

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Delivery timeframes communicated by us are estimates and dependent on many factors beyond our control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall we be liable for deliveries that are received beyond the estimated delivery date.

The risk of loss for and title to products purchased on or through the Services passes to you upon delivery by us to the common carrier.

5. Prices and Payment Terms 

Unless otherwise expressly stated, the retail price displayed for each product on the Services represents the full retail price listed for such product, excluding shipping and delivery costs, applicable taxes, and any other applicable fees. If you wish to purchase a product, you will pay the retail price displayed next to the product, plus shipping and delivery costs, applicable taxes and any other applicable fees.

All prices posted on the Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to Us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

6. Returns and Refunds 

The terms and conditions governing any returns or refunds, if applicable, are set forth in the Equipment Lease Agreement entered into between you and us.   

7. Errors, Inaccuracies, and Omissions

Although We have attempted to provide accurate information on the Services, We are not responsible for and make no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assume no responsibility for any typographical errors or omissions therein, including with respect to availability, promotions, offers, content, pricing, or product images. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order).

8. User Content

The Services may provide you an opportunity to post, upload, display, link to or otherwise make user content available to us or third parties.

You acknowledge and agree that all your communications within any chat areas in the Services may be public (for public comments) or not confidential (Trajekt may have access to the communication content), and you have no expectation of privacy regarding your use of such chat areas. We are not responsible for information that you choose to share on the chat areas, or for the actions of other parties. Use of the user content that is or contains personal data will comply with the Privacy Policy.

9. Third Party Websites

9.1. The Services contain links to websites, services and content owned and/or operated by third parties. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party websites, services or content and do not have control over any materials made available by them. Our inclusion of a link to a third-party website, services or content in the Services does not in any way imply our endorsement, advertising, or promotion of such websites, services or content or any materials made available by them. By accessing a third-party website, services or content, you accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for the privacy policies of third-party sites, or for the collection, use or disclosure of any information these sites may collect. We encourage you to familiarize yourself with the terms of service and privacy policy applicable to any third-party website, services or content you may access.

9.2. We do not warrant or endorse, do not assume, and will not have any liability or responsibility to you or any other person for any third-party products, services, content, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.

10. Ownership and Intellectual Property

10.1. The Services and any elements thereof, including, but not limited to documentation, databases and software code (including source and object code) of the Services are owned or licensed by Trajekt and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property rights. Unless otherwise stated, Trajekt shall own all rights, title, and interest in any code or other data generated through the Services. All such rights are reserved.

10.2. These Terms only grant you a limited right to use the Services to the extent specified herein, while these Terms are in effect. These Terms do not grant you any right of ownership in or to the Services or any element thereof. In particular, you acknowledge and agree that you shall have no ownership or other property right or interest in any content that appears in the Services.

10.3 You agree not to delete, or in any manner alter, the copyright, trademark, patent, trade secret or other proprietary rights notices or markings which may appear in the Services.

11. Grant of Limited License

11.1 On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Services for your personal, non-commercial use only. Trajekt reserves all rights not expressly granted herein. We also reserve the right to terminate at any time your license to use the Services for any reason.

11.2 The Services are licensed, not sold to you. For the avoidance of doubt, you acknowledge and agree that we and our licensors retain ownership of the Services even after their installation on your device.

11.3 The license to use the Services referred remains in effect until terminated by us, subject that the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination of the license for any reason and on any basis, you must cease all use of the elements of Services.

12. Conduct and Prohibited Activities

12. 1 You agree that you are responsible for your own conduct while using the Services and for your content, and for any consequences thereof. In addition, you agree not to do any of the following, unless and to the extent it is expressly permitted by the provisions of these Terms or by applicable law:

  • impersonating another person or entity, including submitting false information to Trajekt;

  • accessing or using the Services in an unlawful way or for any unlawful purpose;

  • using the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

  • transmitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;

  • transmitting any viruses, malware, or other malicious code in the Services;

  • copying or reproducing the Services or any element thereof in any form or by any means;

  • disassembling, decompiling, reverse engineering or otherwise attempting to discover the source code of, modifying or creating derivative works of the Services or any element thereof (including, but not limited to, any software that is element of the Services);

  • selling, renting, lending, leasing, distributing, transferring, licensing, sublicensing or otherwise making available any part of the Services to any third party;

  • using the Services for creating any product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services or products offered by Trajekt;

  • using any proprietary information or interfaces of Trajekt or other intellectual property of Trajekt in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services;

  • misrepresenting the source of ownership of the Services;

  • scraping, building databases or otherwise creating temporary or permanent copies of any data or information derived from the Services;

  • interfering with, or disrupting, the Services or any element thereof;

  • collecting, storing or sharing any personally identifiable information of other users from the Services without their express permission; and

  • exploiting the Services in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity.

12.2 Although Trajekt is not obligated to monitor access to or use of the Services or user content, or to review or edit any user content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove any user content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

12.3 Failure to follow the rules will be considered a “material breach” of these Terms, which could lead to suspension and/or termination of your access to the Services. In particular, in certain cases, we retain the right to prohibit your future access to the Services.

13. WARRANTY.

YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE WEBSITE AND/OR ANY CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY OR YOUR ACCESS TO, BROWSING, OR USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. RELEASE AND LIMITATION OF LIABILITY. 

14.1 BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE TRAJEKT AND ITS AFFILIATED PARTIES (AND IT/THEIR OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND/OR AUTHORIZED AGENTS) FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM YOUR USE OF THE WEBSITE AND/OR SERVICES. THIS IRREVOCABLE RELEASE APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND/OR NATURE OF CLAIM, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY

14.2 THIS IRREVOCABLE RELEASE INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE AND/OR SERVICE, AND/OR FOR ANY WEBSITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14.3 ALSO INCLUDED IN THIS IRREVOCABLE RELEASE IS ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. 

14.4 Trajekt shall not be held liable for any claims by third parties arising from your use of the Services and/or any data presented through the Services, nor shall we be liable for any alleged copyright or other intellectual property infringement arising from your use of the Services or data presented through the Services. You agree that any claim or damages you may have against Trajekt shall only be enforceable against the legal entity and not any of its officers, directors, members, shareholders, employees, contractors, representatives, and/or authorized agents.

14.5 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRAJEKT AND ITS AFFILIATES EXCEED THE GREATER OF $500 (USD). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT TRAJEKT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECOVER FROM TRAJEKT ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER.

14.6 THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF TRAJEKT FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

15. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Trajekt’s liability shall be the minimum permitted under such applicable law.

16. Indemnity 

To the extent allowed by law, you agree to indemnify, defend and hold Trajekt its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants, and contractors) (“Indemnified Person(s)”) harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

17. Governing Law & Dispute resolution 

17.1 Choice of Law. These Terms, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of or relate to this Terms, the use of the Services, the rights and responsibilities of the parties, and all other disputes between the parties shall be governed by, and enforced in accordance with, the laws of the State of New York, without regard to or application of conflict of law. 

17.2 BINDING ARBITRATION AND CLASS ACTION WAIVER AND REPRESENTATION-TYPE ACTION WAIVER. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, GROUP OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR AS A THIRD PARTY. YOU MAY OPT OUT OF THESE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

(a) CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE ACTION WAIVER. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR TRAJEKT SHALL BE ENTITLED TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS OR OTHER REPREHENSIVE-TYPE ACTIONS, TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY IN ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS IN CONNECTION WITH ANY DISPUTE. YOU AND TRAJEKT ARE EACH EXPRESSLY AND UNCONDITIONALLY WAIVING SUCH RESPECTIVE RIGHTS, INCLUDING THE RIGHTS TO A TRIAL BY JURY. To the extent applicable law does not allow the waiver of certain claims, but permits those claims to be arbitrated, then such claims shall be resolved in arbitration. 

(b) AGREEMENT TO ARBITRATE. To the fullest extent allowed by law, you and Trajekt agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this Section 17.2. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Trajekt that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of the Services, all marketing related to the Services, enhancements, any licensed content, and all matters relating to or arising from these Terms (including Trajekt’s Privacy Policy and all other terms incorporated into these Terms) or any other agreement between you and Trajekt, including any disputes over the validity, enforceability, or interpretation of this agreement to arbitrate. Our Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION AND REPRESENTATION-TYPE WAIVER provisions regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before you agreed to these Terms. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. The parties waive their rights to a jury trial and to have any Dispute resolved in court.

(c) Notice of Dispute. Prior to initiating arbitration, you must first send a written Notice of Dispute by certified mail to Trajekt at: 3171 Lenworth Dr Unit 12, Mississauga, ON L4X 2G6. ATTN: Legal Department. The Notice of Dispute must include the following at a minimum: (a) your full name and contact formation, (b) a detailed description of your claim or Dispute with Trajekt, including dates, and products or services (c) the specific damages or other remedy or remedies that you are seeking. If we have a dispute with you, we must first send a written Notice of Dispute detailing the Dispute and sending it to you by mail, email or in-Services notice. If the claim detailed in either parties’ Notice of Dispute is not resolved within thirty (30) days of sending the Notice of Dispute that conforms with these requirements, then you or Trajekt may commence arbitration according to the requirements in these Terms (the “Initial Dispute Resolution Period”).

(d) If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception or exclusion applies as stated below. The arbitration will be administered by a single arbitrator by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, the current version of which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.

(e) Unless contrary to the JAMS Rules, Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For Users outside the United States, arbitration shall be initiated in Los Angeles County, California. You and Trajekt agree to submit to the personal jurisdiction of any federal or state court in New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In an arbitration, the arbitrator shall allow dispositive motions.

(f) The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Trajekt, and any award of the arbitrator may be entered in any court of competent jurisdiction. To the greatest and broadest extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitration shall be governed by the Federal Arbitration Act.

(g) Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim or remedy. In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.

(h) Exception – Litigation of Intellectual Property Claims and Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright or trademark infringement, Computer Fraud and Abuse, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under this Agreement. Such claims are subject to the jurisdiction of the state and federal courts of New York and applicable law provisions in Section 17.1. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.

(i) Exception – Mass Arbitration. For mass arbitrations (which are defined as 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Section 17.2 that are not in conflict with the JAMS Mass Arbitration Rules shall continue to apply. 

(j) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration agreement in this Section 17.2.by sending us a written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Trajekt at: 3171 Lenworth Dr Unit 12, Mississauga, ON L4X 2G6. ATTN: Legal Department. You must sign and date the notice, and include in it your name, address, user ID, and a clear statement that you are opting out of this arbitration agreement. The notice must be sent within 30 days of the date on which you first access or use the Services and agree to these Terms; otherwise you shall be bound in accordance with this Section. If you opt out of these arbitration provisions, Trajekt also will not be bound by them.

18. Statute of Limitations

You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Service, or our content, Terms and/or Privacy Policy must be filed within two (2) years after such claim or cause of action arose or be forever barred.

19. SMS/Texting and Fees for Features

SMS supported carriers

AT&T, T-Mobile® (T-Mobile is not liable for delayed or undelivered messages), Verizon Wireless, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS (GSM), ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless and other communications carriers we may engage with from time to time. 

If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services as the processes are offered. Pre-paid users may not be able to participate. Check with your mobile operator to make sure they will provide the services you desire, and also the associated costs.

Trajekt collects certain information automatically upon subscription. Information collected includes the type of mobile device you use, unique device identifier and mobile operating system.

Text message program terms 

Trajekt provides users with the opportunity to interact with Trajekt via text messages. This program provides text messages from Trajekt, including for instance, information about your orders and our or our related entities’ products and services, events, special offers, special discounts, or other promotional information. Mobile subscribers may enroll through the Services. By opting in, you agree to receive Trajekt updates and offers via text from us and our SMS service provider, and to be bound by these Terms and our Privacy Policy. Consent is not a condition of participating in any Trajekt plan.

By opting in, each Trajekt mobile text subscriber:

  • Acknowledges the participant is the authorized user of the mobile device and owner of the mobile phone number provided in the enrollment process or has been authorized to act by and on behalf of the authorized user of the mobile device and owner of the mobile phone number provided. 

  • Gives Trajekt and its authorized agents express permission to send text messages (including auto-dialed, pre-recorded and/or promotional texts) to their mobile number until the subscriber tells Trajekt to stop

  • Agrees to receive text messages from Trajekt even if the registered mobile number is on a do-not-call list.

Participation is voluntary. You are not required to participate in order to purchase services from Trajekt. Message frequency may vary. There may be costs associated with sending and receiving text messages. 

If you enroll in our text message program, we will collect your mobile phone number in order to send text messages to you; we do not share mobile subscriber data with third parties other than our text message service provider who is not permitted to use that information for their own purposes. 

If you change carriers or change or deactivate your mobile number, it is your responsibility to opt out of Trajekt’s text messaging program before making any such change. Failing to do so will be a material breach of these program terms.

Some of the content on our Services requires you to pay a fee, the details of which are available in various areas of the Services and allow you to purchase products or Services. If you choose to join one of our mobile marketing lists, please be aware there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan. You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. We may revise the pricing for products or Services offered through the Services at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed and your user information may be disabled without warning or notice at our sole discretion. 

EXCEPT AS OTHERWISE SET FORTH IN OUR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Services.

How to Opt-Out

You may opt-out by accessing our website or app, or by a direct response to the SMS text provider's opt-out option.

How to cancel

To cancel our texts, please reply STOP to any text at any time and receive one final text acknowledging receipt of your STOP request. 

How to get help with text messages

Reply HELP to any text at any time. Trajekt does not charge any fee for your participation in any text message program. Check with your wireless carrier for details regarding message or data rates or charges that may apply. 

For additional support contact Trajekt at ‭privacy@trajektsports.com

20. Modifications

We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Services at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Services, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your continued use of the Services after the effective date of the revisions signifies your acceptance of any such revisions.

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Services, including, without limitation, your Account and/or your user information.

As time goes by, we may wish or need to modify the Terms and/or our products and Services, either partially or in their entirety. This can occur at any time and, if it does, we will post the updated Terms and notify you through the Services. If such a posting occurs, you agree to the updated Terms by continuing to use the Services. If you do not agree, you must stop using the Services immediately. Likewise, we may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Service and/or any of its features, the user interface and design, the extent and availability of the contents in or on the Services and any other aspect related to the Services. You will have no claim, complaint or demand against us for applying such changes or for failures incidental to such changes.

21. Termination

You may discontinue your use of our Services at any time without informing us. We may, without prior notice, change the Services and any of our content and/or Services, stop providing them or any of their features to you or to users generally, or create usage limits for our Services. We may permanently or temporarily terminate or suspend your access to our Services without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these Terms and/or our Privacy Policy. In particular, we may immediately terminate or suspend any Account that has been flagged for repeat infringement of any marks or violation of any other laws or our Terms and/or Privacy Policy.

Upon termination of your access or ability to use our Services, including but not limited to suspension of your Account, your right to use or access any Service and/or any content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability.

Termination of your access to and use of our Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party. 

On termination of your Account or upon your deletion of any particular Service or content, you acknowledge and agree that: (a) caching of, copies of, or references to the content may not be immediately removed; and (b) such removed content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted content.

You agree that we may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms and/or our Privacy Policy; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; and/or (e) fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to our Services and/or our business interests. you agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.

You may terminate your account with us and under these Terms at any time by emailing us at privacy@trajektsports.com. 

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.

Upon termination you will no longer have a right to access your Account or your content. We will not have any obligation to assist you in migrating your data or your content and we may not keep any back up of any of your content. We will not be responsible for deleting your content. 

22. Final Provisions

22.1 If any part of these Terms is found to 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.

22.2 These Terms govern our relationship with you (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in these Terms.

22.3 We can assign, subcontract or transfer our agreement to a third party or another member of our group if necessary for the support of the Services, as part of any reorganization or merger or for other business reasons. We will notify you if this happens.

22.4 No failure or delay by us or you to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in these Terms. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.

22.5 Sections that by their terms apply after these Terms end, will survive any termination or cancellation of these Terms.

23. Notice For California Users:

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Contact Information.

If you have any questions about these Terms, please contact us at privacy@trajektsports.com or 3171 Lenworth Dr Unit 12, Mississauga, ON L4X 2G6.