aimplus

AIM Sports Group User Terms of Service

User Terms of Service (these "Terms") apply to the AIM+ website at http://www.aimplussports.com/ and all sites and applications owned by AIM Sportsplex LLC (AIM) and/or its affiliates (collectively, the "AIM+"), and other services, features, or functionality provided by AIM+, including Integrated Third-Party Services (collectively within the AIM+ Site, the "Services"). and its affiliates provide you the Services subject to these Terms. "User," "you," and "your" refer to you, the individual who visits or uses the Services, accesses or uses any part of an Account, or directs another person to do so.

By visiting or using any portion of the Services or accessing or using any Account, or directing another person to do so, you agree to these Terms, which constitute a legally binding contract with AIM Sportsplex LLC. You are entering into these Terms with AIM Sportsplex LLC. If you do not agree to these Terms, do not use the Services.

AIM Sportsplex LLC Privacy Policy, available at https://aimplussports.com/pages/privacy-policy (“Privacy Policy”), describes how we collect, use, and share personal information. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. SECTION 20 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THIS SECTION DOES NOT APPLY TO USERS RESIDING OUTSIDE THE UNITED STATES. AS PROVIDED IN SECTION 20, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST AIM THROUGH BINDING, INDIVIDUAL ARBITRATION, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) YOU ARE WAIVING ANY RIGHTS TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON ANY CLAIMS; AND (3) YOU ARE WAIVING RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Using the Services.
1. Personal and Customer Use. You may use the Services in two ways: (a) as an individual for your own personal use ("Personal Use") (e.g., as an Athlete maintaining a personal Athlete Profile, a Parent registering their Minor for a Profile); and (b) as an Authorized User of a Customer for the Customer's team or organization purposes ("Customer Use") (e.g., as an Athlete on your club’s team reviewing game film, highlights). In these Terms, "Customer" refers to the team, club, league, or other organization that has a separate agreement with AIM related to their team’s or organization’s use of products and services offered by AIM for team or organization purposes (the “AIM Agreement”). When engaged in Customer Use, meaning when using products and services offered by AIM+ for a Customer’s team or organization purposes or while in a Customer’s Team Space, you are subject to the Customer’s AIM Agreement in addition to these Terms. In simple terms: when you're acting for your team, your team's agreement with AIM also applies; when you're acting for yourself, only these Terms apply.
2. Roles. When using the Services, whether for Personal Use or Customer Use, you may have one or more roles (each, a “Role”). Some Roles require you to be logged into an AIM+ Account. Roles include:
  1. “Athlete” - a User who uses the Services in connection with their own athletic performance as a player or competitor. For example, an Athlete might maintain an Athlete Profile, Measurables, create or share Highlights, or where available participate in recruiting as a prospective recruit.
  2. "Authorized User" – a User who has been invited by a Customer to join the Customer’s team or roster (e.g., as a club director, athletic director, coach, Athlete, analyst, event organizer or Parent), and has accepted Customer’s invitation. Users can also become Authorized Users as described in Customer’s AIM Agreement. Once a User is an Authorized User of a Customer, they may access the Customer’s Team Space or use the Services for Customer Use.
  3. “Fan” – a User accessing video content (e.g., livestreams, archived game video; Highlights); following teams, conferences, leagues or Athletes; or performing other activities made available on the Services for Fans.
  4. “Parent” – an adult User that is the parent or legal guardian of a Minor.
  5. “Visitor” – a User browsing the Services without logging into an AIM+ Account.
  6. "Purchaser" – an individual buying products or services through the Services for Personal Use. Such products or services may be offered by AIM+ or by third parties through the Services.
  7. "Registered User" – an individual browsing, using, or accessing the Services while logged into their AIM+ Account.
3. Minors and Children. If you have not reached the legal age of majority in your jurisdiction (typically 18 or older, though this may vary based on local law), you are a "Minor" under these Terms. If you are a Minor under the age of 13, you are also considered a "Child" under these Terms. A Minor’s use of the Services are subject to automated feature restrictions or parental consent requirements based on these specific age tiers, as described in Section 8. If you are a Minor, you are required to have your Parent review and accept these Terms with you before you visit, access, or use the Services. By accepting these Terms on behalf of their Minor, the Parent agrees to these Terms on their own behalf and on behalf of the Minor and is individually responsible for the use of the Services by that Minor to the extent permitted by applicable law. Depending on the Minor’s age, a Minor's AIM+ Account may be restricted to a limited experience until a Parent provides express consent for access to additional features through the Services and completes any required verification flows described in Section 8. Notwithstanding the foregoing, in certain jurisdictions, applicable law may explicitly permit a Minor to provide their own legal consent, in which cases AIM will comply with local law.
Accounts.
1. Structure of Accounts and Team Spaces.
  1. A "AIM+ Account" (or "Account") represents your individual authorization to log into and use the Services, serves as your unique identity on the Services, and represents your legal relationship with AIM. Your AIM+ Account is individual to you. Subject to these Terms, your AIM+ Account and User Content (except Customer Content, as defined in Section 4.1) are owned and controlled by you, subject to any Customer rights in Team Spaces and Customer Content, and remain your responsibility regardless of any affiliation with a Customer.
  2. A “Team Space” means the portion of the Services associated with a Customer's team, including the team's roster, schedule, results, statistics, game video uploaded by the Customer or made available by AIM, Highlights, and any access the Customer purchases for its coaches, directors and Athletes. As an Authorized User, you may be invited by a Customer to join that Customer's Team Space for Customer Use. A User can be a member of or affiliated with any number of Team Spaces.
  3. As between you and the Customer, the Customer has ultimate administrative control over its Team Space and its Customer Content. One of Customer’s Authorized Users (likely an athletic director or coach) must be designated as the owner of the Team Space, granting that person the right to manage User access to the Team Space. A Team Space may have multiple owners, but it must always have at least one User’s AIM+ Account designated as an active owner to ensure administrative accountability.
2. AIM+ Account Eligibility and Registration.
  1. To use the Services, you agree that: (a) you will only have one AIM+ Account, which must be in your own name; (b) if you are a Minor, your account may be restricted to an age-appropriate limited experience under Section 1.3, which, particularly if you are a Child, may require a Parent to complete the verification and consent process detailed in Section 8; and (c) you are not restricted by AIM from using the Services for any reason.
  2. If you do not already have an AIM+ Account, you may be required to create one in order to access certain Services. You may be required to provide AIM with certain information, like an email address and password, to create your AIM+ Account. You are responsible for providing correct, current, and complete information and maintaining the accuracy of such information. AIM reserves the right to verify the accuracy, correctness and completeness of provided information.
3. Account Security and Responsibility.
  1. You are individually responsible for maintaining your personal login security and for the usage of your individual AIM+ Account. To maintain this security, you agree to: (a) protect against wrongful and/or unauthorized access to your AIM+ Account (e.g., use a strong password and keep it confidential); (b) not share or transfer your AIM+ Account or any part of it; and (c) follow applicable law, these Terms, including Section 3 below. You are responsible for anything that happens through your AIM+ Account, and you agree to immediately notify AIM of any unauthorized use of your passwords or other security breaches related to your credentials.
  2. Please note that when you are engaging in Customer Use within a Team Space, your access and use are further governed by the applicable AIM Agreement. The applicable Customer is separately responsible under that agreement for provisioning, managing, and monitoring overall access to the Services for its Authorized Users. If your access was provided by a Customer for your work or participation with them, that Customer has the right to control access to and get reports on your use of those Services, but they do not have rights to your underlying AIM+ Account. Additionally, you acknowledge that a Customer may enforce its own internal team terms or agreements; while these Terms represent your agreement only with AIM.
Acceptable Use and User Conduct.
1. Acceptable Use Policy. As stated in the preamble, you agree to comply with the Terms. Any violation of the AIM Agreement is a material breach of these Terms and may result in suspension or termination of access to the Services.
2. User Conduct. In addition to the behaviors prohibited by the Terms of Service, you agree that while using or accessing the Services, you will not:
  1. Post, upload, publish, submit, or transmit any Content that: (a) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
  2. Provide fraudulent, false, or misleading information.
  3. Use the Services for any unauthorized commercial purpose, including the resale of Content or the unauthorized distribution of livestreams or broadcasts.
  4. Breach or circumvent any contractual or other legal agreement you have with a third party by using the Services.
  5. Engage in any activity that interferes with another party's use of the Services or attempt to gain unauthorized access to AIM’s systems.
  6. Violate any applicable law or regulation in connection with your access to or use of the Services, including privacy laws, intellectual property laws, anti-spam laws, export control or sanctions laws, laws governing User Content, and other applicable laws and regulatory requirements.
  7. Access or use the Services from any country or region subject to a comprehensive U.S. embargo or where prohibited by applicable export control or sanctions laws.
  8. Use any automated means, including bots, scrapers, crawlers, or artificial intelligence tools, to access, collect, or extract data from the Services, or use any AIM+ Content or data from the Services to train, fine-tune, or develop any machine learning or artificial intelligence model, except as provided in Section 11 or as AIM may otherwise expressly permit in writing.
  9. Access or use the Services in any way not expressly permitted by these Terms.
3. Enforcement and Monitoring. While AIM is not obligated to monitor all Content, we reserve the right to review, edit, or remove any Content, including User Content, at our sole discretion if we believe it violates these Terms or the AUP. AIM may also cooperate with law enforcement authorities or third parties to investigate or prosecute users who violate the law or these Terms, which may include the disclosure of your AIM+ Account information, as described in our Privacy Policy or the AUP.
4. Reservations by AIM. AIM reserves the right to limit your use of the Services, including your ability to join teams, your ability to connect with other Users, and your “Actions”, meaning your interactive behaviors on the Services (such as likes, comments, follows, shares, and content views), all of which may be visible to other Users. AIM reserves the right to restrict, suspend, or terminate your AIM+ Account if you breach these Terms, the AUP, or applicable law, or misuse the Services. To the extent legally permissible, we may remove or restrict access to content, features, services, or information if we believe doing so is reasonably necessary to avoid harm to us or others, laws have been violated, or such restriction is reasonably necessary to prevent misuse of our Services.
Content.
1. Scope and Categories of Content. For purposes of these Terms, "Content" means text, data, images, photographs, video, graphics, designs, software, features, or other information or materials. Content available on or through the Services is divided into three distinct categories:
  1. "User Content" – any Content that you create using the Services or upload, post, or submit to the Services when using the Services for Personal Use, including profile information, physical or academic metrics, photographs, videos, Actions, and Highlights you create in your Role of an Athlete or Parent. Any information provided as part of the AIM+ Account creation process is not User Content.
  2. “Customer Content" – any Content that a Customer, or an Authorized User for a Customer using the Services for Customer Use, creates, generates, or compiles using the Services in or through a Team Space or uploads to or posts on the Services in a Team Space, including Public Game Video, roster and team data, playbooks, opponent scouting materials, practice recordings and other markups applied to film, team statistics and reports, Highlights created by or for the Customer, and similar institutional materials. Customer Content includes these materials whether produced directly or on the Customer's behalf through the Services when used for Customer Use, and regardless of which individual uploaded or created them.
  3. “Public Game Video” means footage, video and video clips from any public sports competitions or games and any other footage, video and video clips, which in any case is designated as game video or scout video, including the voices, performances, poses, acts, plays, appearances, pictures, images, likeness, photographs, silhouettes, and other reproductions of physical likeness and sound of the athletes, coaches, and all others appearing in the Public Game Video. Public Game Video includes all graphics, advertisements, statistics, and data associated therewith or added thereto.
  4. "AIM+ Content" – any content, data, information, or materials that AIM creates, owns, or licenses and makes available to Users through the Services, including text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, software, and editorial or instructional content.
2. Classifying Content. When you are using the Services as part of a team (for example, tagging or reviewing game film, or uploading film, rosters, scouting materials, or commenting on game film) what you produce is Customer Content, because you are contributing to the Customer's operations for Customer Use. When you are doing something for yourself, such as building your Athlete Profile or creating Highlights as an Athlete or Parent, what you create is User Content, even if you are on a team at the same time. The Customer's game film stays the Customer's; but when you pull clips from it and splice, edit, and arrange them into your own Highlight through the Services, that Highlight is yours as User Content, and your use of the Customer's underlying film is covered by the licenses in Section 5.
3. Content Ownership. Each category of Content defined in Section 4.1 is owned as set out below, subject in each case to the licenses granted in Section 5.
  1. You own User Content. AIM does not claim ownership of User Content, and no license granted in these Terms transfers ownership of User Content to AIM or to any Customer. You are solely responsible for User Content and for any harm that may result from it. AIM is not responsible for any public display or misuse of User Content. AIM has the right to refuse or remove any User Content that, in our sole discretion, violates any applicable laws, these Terms or any other AIM terms or policies. You represent and warrant that, for all Content you provide to the Services (whether User Content or Customer Content you upload as an Authorized User) you have all rights, licenses, and consents necessary to provide it (including, for Customer Content, authorization from the applicable Customer) and to grant the licenses in Section 5; that the Content does not infringe or violate any third-party right or applicable law; and that you have obtained any consent required from individuals appearing in it, and, for a Minor, from the Minor’s Parent.
  2. The Customer owns Customer Content. Customer Content is subject to the AIM Agreement applicable to such Content. Your access to Customer Content is provided solely at the Customer’s discretion and may be revoked at any time by the Customer, or by AIM in accordance with Customer’s AIM Agreement or if AIM believes you have violated these Terms. You do not acquire any ownership interest in Customer Content by accessing a Team Space or by virtue of your affiliation with, or contributions to, a Customer or the Customer’s Team Space. If you are granted access to a Team Space, you may use Customer Content only as the Customer and the Services permit and only for Customer Use, except as provided for Highlights in Section 5.4.
  3. AIM owns AIM Content. AIM reserves all intellectual property rights in the Services and all other rights not expressly granted to you by these Terms. AIM Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You agree not to remove, alter, or obscure any proprietary rights notices in or accompanying AIM Content. AIM’s trademarks and all related names, logos, product and service names, designs, and slogans may not be used without AIM’s prior written permission. Third-party trademarks and logos shown on the Services belong to their respective owners and do not imply AIM’s affiliation with or endorsement of those parties, or that party’s sponsorship or endorsement of AIM or the Services.
4. Public and Private User Content.
  1. User Content may be designated as public or private based on your privacy settings and the Services you use. By default, User Content associated with your AIM+ Account that you have not shared (such as with a team you are affiliated with) or that you or a Customer have not made publicly available either through the Services or otherwise and is not in the public domain is treated as private (“Private User Content”). AIM will treat Private User Content as confidential and will not make it publicly accessible without your consent, except as required by applicable law or as otherwise described in these Terms or our Privacy Policy. Private User Content does not include any Public Content or any User Content where the nature of a feature in the Services includes making your User Content public. “Public Content” includes Highlights, your Athlete Profile, Actions, and Public Game Video. Certain Services may require you to grant AIM or third parties additional rights to Private User Content, which AIM will describe at the time you enable or use those features or in the applicable terms. AIM may be compelled by law to disclose private User Content and will provide notice of such disclosure unless prohibited by applicable law, required for automated scanning in connection with service integrity, or in response to a security threat. Excepted as provided in these Terms, User Content that you have shared with third parties (e.g., coaches, teammates, recruiters, and others) via the Services or have published publicly through the Services or otherwise or is in the public domain, as well as Highlights and your Athlete Profile, is treated as public User Content (“Public User Content”) and is not confidential.
  2. For Users who are Children, User Content is private by default and public sharing features are disabled by default. For Users who are Minors aged 13 to 17, certain public sharing or recruiting features may be unavailable until parental consent has been obtained in accordance with Section 8.
  3. By publishing or sharing User Content to public-facing areas of the Services (such as your public Athlete Profile, Highlights on your feed, or taking Actions) you acknowledge that: (a) such User Content may be accessible to other users and third parties, including members of the public; (b) other users may view, react, comment on, or share your Public User Content; and (c) you grant AIM the license described in Section 5.1 with respect to such Public User Content.
5. Content Relating to Children. If User Content includes any data relating to a Child, including information, data, or recordings (audio or video) (collectively, "Child Data"), you represent, warrant, and covenant that either (a) you are the Parent of such Child and consent to the use of such Child Data by us and the Services consistent with these Terms, or (b) you have obtained consent from the Parent of such Child for the use of such Child Data by us and the Services consistent with these Terms (and the AIM Agreement, where applicable) and will provide such proof of consent to AIM promptly upon request. You are solely responsible for obtaining and maintaining such consents. If a Parent withdraws consent, you will promptly remove, or cause the Customer to promptly remove, the Child Data from the Services. If AIM receives notice of such withdrawal, AIM will use reasonable efforts to assist with removal. If we discover that Child Data was posted to the Services without the required consent, we may remove it from the Services.
Licenses.
1. User Grants to AIM. You grant AIM and its successors and assigns a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to host, store, cache, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, transmit, distribute, and otherwise use User Content, including any Intellectual Property Rights in it, in any media now known or later developed, and by any technologies now known or later developed. For Private User Content, this license is limited to providing, maintaining, supporting, and improving the Services. This license terminates when you remove Private User Content from the Services, except that (a) AIM may retain copies as required by law and for business continuity and (b) AIM may continue to use Private User Content to develop and improve the Services. For Public User Content, this license is granted for any purpose, is perpetual and irrevocable, and survives termination of your AIM Account or removal of the Content. To the extent you hold or retain any rights in Customer Content or any other Content on the Services that is not Private User Content, you grant AIM and its successors and assigns a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to host, store, cache, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, transmit, distribute, and otherwise use such Customer Content, including any Intellectual Property Rights in it, in any media now known or later developed, and by any technologies now known or later developed for any purpose. This license is in addition to the rights the Customer grants AIM under its AIM Agreement and does not terminate when your affiliation with the Customer ends. “Intellectual Property Rights” means any and all rights related to patents, inventions, copyrights, moral rights, privacy and publicity, trademarks (and related goodwill), trade names, domain names, designs, computer software, databases, trade secrets and all other common law or statutory intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist now or will subsist in the future in any part of the world.
2. User Grants to Customer. User Content is subject to different licenses depending on how and where the Content is created, shared, or incorporated. The licenses set forth below govern your grants to Customers and apply only to User Content. These licenses are not mutually exclusive; a single piece of Content may be subject to more than one license. In all cases, your grant to a Customer under any of the licenses in this Section 5.2 does not transfer ownership of User Content. Content you create within a Team Space is Customer Content, governed by Section 4.3.2.
  1. Sharing User Content with a Customer. By joining a Customer’s team, you authorize and direct AIM to share with that Customer your User Content, including your Private User Content, and you grant that Customer a non-exclusive, worldwide, royalty-free license to use, access, host, cache, store, reproduce, transmit, display, perform, publish, distribute, modify, and create derivative works from that User Content. This license is perpetual and irrevocable. This license enables the Customer to use that User Content for Customer Use, including team management, coaching, analysis, and other activities related to your participation in the Customer’s athletic program, and other purposes as determined by the Customer. You understand that the Customer’s use of User Content is subject to the Customer’s own policies and you agree to release AIM from any liability related to the Customer’s use of User Content. Upon termination of your Customer affiliation within the Services (i.e., you are no longer an Authorized User of such Customer), your User Content will no longer be shared with such Customer via the Services; provided that such termination is prospective only and does not affect the Customer's right to continue using any User Content that was shared, accessed, or incorporated into Customer Content prior to termination of your affiliation.
  2. Blended and Incorporated Content. Where a Customer incorporates User Content into Customer Content (e.g., by annotating, combining, or deriving materials from User Content), the Customer holds a perpetual license to use User Content, even after your affiliation with the Customer ends. This ensures continuity of the Customer’s records, including game film, notes, and other materials that contain User Content. This license does not affect your ownership of User Content.
3. AIM's Grant to You. Subject to your compliance with these Terms and any applicable AIM Agreement, AIM grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) access and use the Services solely for their intended purposes based on your Role; and (b) download, view, and copy certain Content available on the Services solely for your permitted personal, non-commercial use. This license does not grant you any ownership interest in the AIM+ Site, Services, AIM+ Content, AIM AI, or any technical metadata, performance logs, usage metrics, system data, or other data automatically generated by AIM in connection with your or any User’s interaction with the Services (“Usage Data”). AIM owns and retains all rights in Usage Data and may use Usage Data to provide, maintain, secure, analyze, develop, and improve the Services.
4. Highlights Licenses. A “Highlight” is a clip, compilation, or edited video created from game footage or other video content using the Services, often by selecting clips and adding music, graphics, text, filters, effects, overlays, and other creative elements. Highlights that are User Content remain available to you; the underlying game film remains the Customer’s, and you may not export it or any full game recording. You may not use any Highlight that incorporates Customer Content for any paid or commercial name, image, and likeness arrangement, endorsement, sponsorship, or other commercial purpose. Content you create entirely from your own materials, with no Customer Content in it, is not subject to this restriction.
Joining Teams and Team Spaces.
1. Joining a Team. By joining a Customer’s team and entering a Team Space, you become an Authorized User of that Customer. This action serves as the legal trigger that immediately grants that Customer the licenses set forth in Section 5.2, and subjects your ongoing Customer Use to the Customer’s separate AIM Agreement (and any separate agreements or policies you may be subject to pursuant to your separate relationship with Customer). While acting as an Authorized User, any information or Customer Content you manage or create within the Team Space may be overseen by the Customer according to its own privacy policy and rules. Any User Content that you authorize to be shared with a Customer, including User Content shared as a result of joining a Customer’s team or roster under this Section, is also subject to Customer’s own privacy policies and rules.
2. Athlete Role and Personal Capacity. When you engage in the Services for your own Personal Use as an Athlete (such as building your Athlete Profile, opting-in to Recruit, or creating Highlights, where such features are available), you are acting in your individual capacity, as described in Section 4.2, and such Content is not considered Customer Content owned by the team. These personal features are not managed by your Customer under the AIM Agreement, and the Customer does not own or control your individual AIM+ Account or User Content, although the Customer may hold a license to certain User Content from you under these Terms as set forth in Section 5.2.
3. Leaving a Team or Team Space. Either you or the Customer may terminate your team affiliation at any time through account settings. Upon termination, you will immediately lose access to that Team Space and any private Customer Content; however, you will retain your individual AIM+ Account, your independent User Content, and, for Athletes, your historical athletic record. Terminating an affiliation does not delete your AIM+ Account. While you will lose access to the specific copies of files maintained inside the Team Space, this does not affect your baseline ownership of User Content. You may continue to retain, export, or publish your own copies within your personal AIM+ Account (such as on your Athlete Profile) under Section 5.1, and your Highlights remain protected under Section 5.4. Legally, the Customer retains the right to keep and use any materials or Customer Content you created or contributed to while affiliated, under the licenses set out in Section 5.2.
4. Relationship and Disputes. Your relationship with a Customer is separate from your relationship with AIM. AIM is not a party to any agreements, team policies, or internal disputes between you and the Customer. Any disputes between you and Customer regarding Customer Content, including ownership of such Content, are between you and Customer.
Additional Terms and Services.
1. Athlete Profiles. As an Athlete, you may have an “Athlete Profile”, which is your public-facing profile webpage hosted on the Services, where you can document your athletic journey and facilitate discovery by recruiters, Clubs, and other Users.
2. Highlights. The Services provide tools for certain Users (i.e., Athletes and Parents) and Customers to create Highlights. You may create Highlights using Content available to you through the Services, subject to any restrictions imposed by a Customer, the Services, or these Terms. A Highlight is considered a new work owned by whoever creates it, and is classified as User Content or Customer Content as described in Section 4.2. Appearing in a Highlight or other Content does not give you ownership of the underlying footage. The specific licenses that grant you the legal right to keep, use, and share Highlights that you create as an Athlete or Parent (including, for a Parent, Highlights you create of your Minor) are detailed in Section 5.4.
3. Storage and Archiving. AIM+ does not function as a permanent data storage or backup solution. You are solely responsible for maintaining independent, offline copies of User Content that you wish to preserve. You acknowledge that Customers may have their own data retention and storage policies as set forth in the AIM Agreement, which may dictate how long certain Content remains accessible to you inside a Team Space. AIM reserves the right to implement storage limits, including restrictions on file size, resolution, or the duration of time User Content remains accessible on the Services. You acknowledge and agree that AIM is not liable for any loss, deletion, corruption, or failure to store User Content, regardless of the cause, subject to the exclusions in Section 14.4. Upon the termination of an AIM+ Account or an affiliation with a Customer, AIM may, at its discretion and without notice, delete any associated User Content.
4. New Products and Services. AIM may, from time to time, introduce new products, features, or functionalities within the Services (each, a "New Product"). AIM reserves the right to modify, suspend, or discontinue any New Product or any other Services at its sole discretion at any time and without liability.
Parents.
1. Parent Connections. The Services may include features that allow a Parent to link their AIM+ Account to their Minor’s AIM+ Account (a “Parent Connection”), to access parent-specific functionality. An AIM+ Account may hold multiple Roles (such as a Parent and a coach). By establishing, initiating, or accepting a Parent Connection, or providing consent for a Minor as described in this Section 8, you represent and warrant that you are the parent or legal guardian of that Minor. To establish a link, both the Parent and the Minor must accept the connection through the Services. A connection may be initiated by the Parent, by the Minor, by a coach or administrator, or consent flow, but in each case requires acceptance by both parties before the link is established. Customer’s coach or administrator may view which Parents are connected to Athletes on their teams and may manage or restrict a connected Parent’s access to certain team features (such as practice schedules, messaging, or other team communications). Privacy settings on Customer Content apply to connected Parents.
2. Parental Consent for Minors. Depending on age, location, and applicable law, certain features may not be available to a Minor until their Parent provides consent. Providing parental consent does not require an AIM+ Account; a Parent who wishes to create an AIM+ Account may do so, but account creation is not a prerequisite for providing or withholding consent. A Parent is never required to provide consent for optional features. If no consent is provided and no Parent requests deletion of the Minor’s AIM+ Account, the Minor’s AIM+ Account will remain in its default state. If a Parent requests deletion of the Minor’s AIM+ Account, AIM will delete the Minor’s AIM+ Account and associated data as described in the Privacy Policy. Certain features require separate consents, and the default state of those features may differ for Children (under 13) and Minors, as further described in the applicable consent process and the Privacy Policy.
3. Age Verification. With respect to certain Services, you may be required to verify that you have reached the age of majority in your jurisdiction (“Age Verification Service”). An Age Verification Service is an Integrated Third-Party Service. When providing parental consent, as described in the applicable consent process, you may be required to use an Age Verification Service. You agree that AIM may share your email address with the Age Verification Service to initiate this process.
  1. To confirm your adult status, you may be required to provide an Age Verification Service with personal information in addition to your email address, such as your name, date of birth, mailing address, credit card information, cell phone number, or other identification documents. An Age Verification Service will use this information according to its own terms and privacy policy.
  2. Once an Age Verification Service (if utilized) confirms your adult status, you will be directed to complete the consent process. By providing consent (whether for specific features or categories of features, as applicable), you agree to these Terms on behalf of the Minor and authorize the Minor to use the applicable Services. It is a material violation of these Terms to provide incomplete, false, or fraudulent information to an Age Verification Service or to AIM in connection with the consent process. These Terms apply to your access to and use of an Age Verification Service. By using the parent/guardian consent process, if made available to you, you represent and warrant that you have reached the age of majority in your jurisdiction and are the parent/guardian of the Minor for whom you are giving consent through the Services.
  3. You acknowledge that any Age Verification Service is owned and operated by a third party that is not affiliated with AIM. AIM is not responsible or liable to you or any third-party with respect to an Age Verification Service, or the functionality or availability of an Age Verification Service. AIM makes no representation or warranty with respect to an Age Verification Service, and AIM expressly disclaims all liability for any damages, losses, or claims arising from or related to the acts, omissions, data security incidents, or any other conduct of any Age Verification Service.
4. Parental Rights and Account Management. As a Parent, you retain ongoing control over your Minor’s use of the Services. You may change or withdraw consent at any time. You may request deletion of your Minor’s AIM+ Account and associated data at any time. To exercise any of these rights, you may utilize the management preferences within your AIM+ Account settings (where available) or contact AIM+ support directly. If you request account deletion or revoke consent, AIM will process the request in accordance with our Privacy Policy.
Payments and Refunds.
1. By providing your credit or debit card information (or other payment method allowed by AIM from time to time) ("Payment Method") during the checkout process, you authorize AIM and/or AIM’s third-party payment processor ("Payment Processor") to store your Payment Method and to charge your Payment Method for the purchase amount and any Fees and applicable taxes. Unless otherwise indicated, all amounts will be paid in U.S. dollars and are due as set forth in these Terms. As of the last Updated date shown at the end of these Terms, AIM’s Payment Processor is Stripe, Inc (“Stripe”). You agree that the processing of your Payment Method and related information is subject to Stripe’s terms and conditions at https://stripe.com/legal and privacy policy at https://stripe.com/privacy. AIM may change Payment Processors at any time.
2. You represent and warrant to AIM that (a) the Payment Method and related information you supply to AIM or the Payment Processor are true, correct, and complete and (b) you are duly authorized to use such Payment Method for your purchase. You agree to promptly notify AIM if your Payment Method is canceled (e.g., for loss, theft, or expiration) or if you become aware of a potential breach of security regarding your Payment Method. Purchases made through the Services may be subject to various fees as displayed during the checkout process (collectively "Fees"). Tax is collected as required by federal, state, and/or local law and may be displayed separately or included in the total order amount, as required by applicable law.
3. You are responsible for confirming the accuracy of your selection before making any purchases through the Services. Once purchased, you cannot change or cancel your order. UNLESS OTHERWISE INDICATED OR REQUIRED BY APPLICABLE LAW, ALL SALES ARE FINAL. AIM, in its sole discretion, may provide you a full or partial refund, discount, or credit; the amount and form of such refund, discount, or credit shall also be in AIM's sole discretion (including how discounts or credits may be used and any expiration dates). AIM's decision in one instance does not guarantee the same response for future similar instances, nor is AIM obligated to provide you with the same decision in the future. To the extent applicable law requires a refund right that cannot be waived, only the minimum refund rights required by such law will apply.
Third-Party Sites and Services.
1. Third-Party Services. The Services include and integrate with Third-Party Services. The Services may integrate with third-party service providers, including, for example, Payment Processors, authentication providers, and the Age Verification Service ("Third-Party Services"). AIM may add or remove Third-Party Services from time to time in its sole discretion. AIM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THIRD-PARTY SERVICES, OR THE FUNCTIONALITY OR AVAILABILITY OF ANY THIRD-PARTY SERVICES. HUDL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THIRD-PARTY SERVICES, AND HUDL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO THE ACTS, OMISSIONS, DATA SECURITY INCIDENTS, OR ANY OTHER CONDUCT OF THE THIRD-PARTY SERVICES. Your use of Third-Party Services is solely governed by such third party's terms of use and privacy policy, except as otherwise provided herein.
2. Integrated Third-Party Services. An "Integrated Third-Party Service" means a Third-Party Service that is embedded in, or made available to you within, the Services (rather than one you visit separately), and that AIM identifies as an Integrated Third-Party Service, whether in these Terms or in applicable Supplemental Product Terms. With respect to Integrated Third-Party Services, you agree that you are subject to these Terms as well as the applicable Integrated Third-Party Service's terms of use and privacy policy. These Terms govern your use of the Services, and the Integrated Third-Party Service's terms and privacy policy govern your relationship with that third party; in the event of a conflict regarding your use of the Services, these Terms control to the extent of the conflict.
AIM+ AI.
1. Generally. By using the Services, you may interact with features that utilize generative artificial intelligence to automate content generation (collectively, "AIM+ AI"). AIM+ AI may be powered, in whole or in part, by Third-Party Services, and your use of such features is subject to the applicable terms of those Third-Party Services. You acknowledge that content generated by AIM+ AI might be inaccurate, incomplete, delayed, misleading, or otherwise unsuitable for your specific purposes. AIM makes no representations or warranties regarding the accuracy, reliability, or suitability of any content generated by AIM+ AI and expressly disclaims all liability arising from your reliance on such content.
2. Prompts and Outputs. The Services may include features that allow you to input data, video, or text into AIM+ AI ("Prompts") and receive results generated by AIM+ AI ("Outputs"). To the extent permitted by applicable law, Prompts are treated as User Content and remain subject to the terms under Section 5.1. You retain ownership of any Outputs to the extent you acquire intellectual property rights therein under applicable law, subject to any underlying AIM or third-party intellectual property rights in the Services, AIM+ AI, and any pre-existing materials incorporated into those Outputs. You acknowledge and agree that Outputs generated for you may be structurally similar or identical to outputs generated for other Users of the Services.
3. Training and Ownership. In accordance with applicable law and our Privacy Policy, and subject to any privacy choices, account settings, or opt-out mechanisms made available to you within the Services, you acknowledge that AIM may use User Content (including Prompts and Outputs) to train, tune, evaluate, and improve AIM+ AI and its underlying machine learning models. This includes the right to develop, fine-tune, and create derivative works of AIM's proprietary models. AIM owns all right, title, and interest in and to its proprietary models and any improvements, enhancements, or derivative works thereof, including any models trained or improved using your User Content; provided that such ownership does not extend to the User Content itself.
Privacy.
1. By using the Services, you acknowledge that you have read and understood our Privacy Policy, which describes how we collect, use, and share your personal information. Your use of certain Services may also be subject to product-specific privacy disclosures presented within the Services. You further acknowledge and agree that AIM and its providers collect and use cookies and similar technologies, as described in the Privacy Policy. By using the Services, you agree to such use of cookies and similar technologies.
Disclaimer of Warranties and Limitation of Liability.
1. DISCLAIMER OF WARRANTIES. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED IN THE SERVICES OR PILOT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO THE AGE VERIFICATION SERVICE. AIM DOES NOT WARRANT THAT THE SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; ITS SERVERS; OR EMAIL SENT FROM AIM+ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. LIMITATION OF LIABILITY. IN USING THE WEBSITES AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD AIM SPORTS GROUP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITES, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. AIM SPORTS GROUP SHALL NOT BE LIABLE EVEN IF AIM SPORTS GROUP OR AN AUTHORIZED REPRESENTATIVE OF AIM SPORTS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF AIM SPORTS GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITES OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO AIM SPORTS GROUP IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $1,000.
3. CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
4. SPECIFIC EXCLUSIONS. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, USE, GOODWILL, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES; (D) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; (E) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (G) ANY OTHER USER INTERACTIONS THAT YOU INPUT OR RECEIVE THROUGH YOUR USE OF THE SERVICES; OR (H) ANY OTHER MATTER RELATING TO THE SERVICES. OUR LIABILITY IS LIMITED WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.
Indemnification and Release of Claims. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AIM, and licensors, and content and service providers, and each of the foregoing’s respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use and access of the Services, including the Age Verification Service, by you or any person using your AIM+ Account credentials; (b) a breach of these Terms; or (c) Content that you shared, provided or uploaded to the Services or created by you through the Services, including any claim that such Content infringes or misappropriates the intellectual property, privacy, publicity, or other proprietary rights of any third party. If you have a dispute with one or more Users or Customers, you agree to release AIM from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Termination and Survival.
1. Termination by You. You may terminate your AIM+ Account and your use of the Services at any time by following the account deletion process within your account settings or by contacting AIM+ support.
2. Termination and Suspension by AIM. AIM may, in its sole discretion and without liability, suspend or terminate your access to the Services at any time for any reason, including, if: (a) you breach these Terms, or the AIM Agreement; (b) we suspect unauthorized or fraudulent use of your credentials; (c) your continued use of the Services poses a security or legal risk to AIM or other users; or (d) as required by applicable law.
3. Effect of Termination. Upon termination of your AIM+ Account, your right to use the Services ends immediately. If you are an Authorized User, your ability to access that Customer's Team Space and any private Customer Content also terminates immediately. You are responsible for exporting or saving any User Content you wish to preserve prior to termination. While AIM will delete your AIM+ Account and associated personal information in accordance with our Privacy Policy and applicable law, you acknowledge and agree that: (a) any licenses granted to AIM or a Customer pursuant to these Terms with respect to User Content or Customer Content are perpetual and survive termination to the extent specified herein; (b) any Public User Content shared or distributed prior to termination may remain visible to others; and (c) a Customer may retain access to any Customer Content as described in Section 4.3.2. AIM will not delete Customer Content or any User Content that has been contractually incorporated into Customer Content.
4. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, Sections 4, 5, 9, 11, 14, 15, 17.
General Terms.
1. Modifications and Interpretation. AIM reserves the right to make changes to these Terms at any time without liability to you. To the extent these Terms differ from a prior version you previously agreed to, this version supersedes and governs. Except as otherwise provided below, changes will become effective immediately when AIM posts the revised version on the Services. The "Updated" date at the end of these Terms indicates when they were last revised. Your continued use of our Services after an update means that you consent to the updated Terms. If you object to any changes, you must stop using the Services and close your AIM+ Account. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation".
2. Reservation of Rights. We reserve the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
3. Assignment. AIM may freely assign, transfer or delegate these Terms or any of its rights, obligations or remedies hereunder (in whole or in part) in its sole discretion, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets. You may not assign, transfer or delegate these Terms, your AIM+ Account, or your right to use the Services to anyone else without AIM's prior written consent. There are no third-party beneficiaries to these Terms.
4. Relationship of the Parties. The parties are independent contractors. No partnership, joint venture, employment, franchise, or agency relationship is created between you and AIM by these Terms.
5. Severability and Waiver. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, the court should modify that provision to make it enforceable while achieving its original intent. If modification is not possible, the unenforceable part will be severed and the remainder of these Terms will continue in full force and effect. AIM's failure to enforce any right or provision in these Terms does not constitute a waiver of that right or any future enforcement of that provision. Any legal waiver must be executed in writing and signed by an authorized representative of AIM.
6. Entire Agreement. These Terms, and any product-specific terms contractually incorporated herein by reference constitute the sole and entire agreement between you and AIM regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
7. Governing Law and Venue.
  1. General Rule. By using the Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between you and AIM. Except as otherwise provided in Section 20, any dispute relating in any way to your use of the Services shall be adjudicated exclusively in the District Courts of the State of California in Orange County and each party agrees not to contest the personal jurisdiction of these courts.
  2. Users covered by an AIM Agreement. If your access to or use of the Services is provided through, or governed by, a AIM Agreement (for example, because your account was provisioned by, or your use is administered by, a Customer), then, as between you and AIM, the governing law, venue and dispute-resolution terms of that AIM Agreement control with respect to that Customer Use, and Section 18.7.1 does not apply to it. Regardless of any AIM Agreement, Sections 1.3, 2.3, 3, 4, 5, 14, 15, 16, 17, continue to apply to you. If and to the extent no AIM Agreement validly governs a particular dispute, Section 17 applies. If you use the Services for Personal Use, nothing in this Section 17 deprives you of the protection of the mandatory consumer-protection laws of the jurisdiction where you are a resident.
8. Notices and Communications.
  1. Electronic Communications. By accepting these Terms, you agree that all agreements, notices, disclosures or other communications that we provide to you, including notices posted on the AIM+ Site or within the Services, fully satisfy any legal requirement that such communications be in writing. AIM may provide operational notices via email to the address associated with your AIM+ Account or directly through the Services. This Section 18.8 does not affect your non-waivable statutory rights.
  2. General Inquiries. For general inquiries or routine questions about these Terms, please contact info@aimplussports.com.
  3. Providing Legal Notice to AIM. For formal legal notices or service of process, you must send a concurrent email to jmull@aimsportsgroup.com and provide a formal written physical notice delivered strictly to:
    AIM Sports Group
    1709 Apollo Court
    Seal Beach, CA 90840
    Attn: General Information
9. Operator Information. The Services are operated by AIM Sportsplex LLC, with a principal business address located at 1709 Apollo Court, Seal Beach, CA 90840
10. California Consumer Disclosures. In accordance with California Civil Code § 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
11. Force Majeure. Except for User’s obligation to pay any amounts due with respect to any Services, neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, internet or telecommunications failures, cyberattacks, or labor disputes.
12. Former Titles. These Terms were formerly known as the “Terms of Use” and “Privacy Policy.” Any links or references to “Terms of Use” or “Privacy Policy” are deemed to reference these Terms.
Mandatory Arbitration Agreement and Class Action Waiver.
1. Dispute Resolution by Binding Arbitration. YOU AND AIM AGREE THAT, EXCEPT AS EXPLICITLY PROVIDED BELOW IN SECTION 20.2, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE SERVICES, OR ANY MARKETING, ADVERTISING, STATEMENTS, OR REPRESENTATIONS RELATING TO THE SERVICES, IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE, WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THIS SECTION 20, RATHER THAN IN COURT. YOU AND AIM AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST AIM ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THESE PROVISIONS, YOU AND AIM RETAIN THE RIGHT TO SEEK RESOLUTION OF DISPUTES IN SMALL CLAIMS COURT AS AN ALTERNATIVE TO ARBITRATION.
2. Exceptions to Arbitration. The arbitration agreement and class action waiver set forth in this Section 17 shall be subject to these limited exceptions:
  1. Small Claims Court. You and AIM may assert claims in small claims court if such claims qualify, so long as the matter remains in such court and advances strictly on an individual, non-class, and non-representative basis.
  2. Unenforceability Fallback. If the arbitration agreement in these Terms is for any reason held to be legally unenforceable, the parties agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Services (except for small claims court actions) shall be instituted exclusively in the state and federal courts referenced in Section 17. The parties irrevocably waive any and all objections to the exercise of jurisdiction and venue by such courts.
  3. International Users. If you are not a resident of the United States, this Section 17 does not apply to you.
  4. Jurisdictional Enforceability Limits. If you are located in a jurisdiction where mandatory individual arbitration clauses or class action waivers are unenforceable under applicable consumer protection, employment, or data protection laws, this Section 17 shall apply only to the maximum extent permitted by such applicable law. Nothing in this Section 17 limits any non-waivable rights you hold under the laws of your jurisdiction of residence.
3. Informal Dispute Resolution Procedure. Before commencing an arbitration or asserting a claim in small claims court, you and AIM will engage in good faith in the following informal dispute resolution process:
  1. Notice of Claim. The party seeking to initiate a claim ("Claimant") must give written notice to the other party ("Respondent").
    1. To notify AIM, you must send an email to info@AIMsportsGroup.com, providing your full name, the email address associated with your AIM+ Account (if any), your counsel's name and contact information (if represented), and a brief description of your claim.
    2. To notify you, AIM will send an email to the email address associated with your AIM+ Account (or the email address used for a purchase).
  2. Confidentiality. All offers, promises, conduct, and statements made during this process by either party, its agents, employees, and attorneys are strictly confidential and inadmissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
4. Governing Law, Interpretation, and Enforcement. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) ("FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation, enforcement, and applicability of this arbitration agreement and all its provisions, including the class action waiver. State arbitration laws do not govern in any respect. Further, you and AIM agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
5. Scope of Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
6. Arbitration Proceedings and Rules. The following operational rules and procedures shall apply to any active arbitration proceeding:
  1. Administration. Any arbitration will be administered by the American Arbitration Association ("AAA") in accordance with their Consumer Arbitration Rules ("Rules"), except as modified by these Terms (as allowed by the Rules). The AAA's Rules are available on its website at www.adr.org or by calling 1-800-778-7879.
  2. Confidentiality. Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it, including any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award, will remain strictly confidential and will not be disclosed to any third party, except as strictly necessary to obtain court confirmation of the arbitration award.
  3. Substantive Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of legal privilege recognized by law. The arbitrator is not bound by prior arbitrations involving different users but is bound by prior rulings involving the same user, to the extent required by applicable law.
7. Commencing an Arbitration. A party who has fully complied with the informal dispute resolution provisions above and wishes to start arbitration must complete a form for initiating arbitration proceedings available on the AAA website. The party initiating the arbitration must provide a copy of the completed form to the opposing party where required by the Rules.
8. Fees and Costs. If you commence an arbitration in accordance with this Section 17, you will be required to pay AAA's then-current filing fees. Any other administrative fees shall be payable pursuant to the Rules. If the arbitration is conducted by a different arbitration provider in accordance with this Section 17, payment of any filing, administration, or arbitrator fees shall be governed by that provider's rules.
  1. You agree that AAA, JAMS, and any other arbitration provider selected pursuant to this Section 17 has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules and further agree not to oppose any modifications to the timing or amount of any fees due.
  2. You are responsible for your own attorneys' fees; AIM will not pay any attorneys' fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys' fees if you prevail, the arbitrator may award attorneys' fees pursuant to that statute.

Updated: October 15, 2026