Introduction

Welcome to WEVOLV, a self-moderating community designed for athletes. Your use of the WEVOLV services is subject to the following Terms of Service (the “Terms”). By using WEVOLV, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the services.

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Community Conduct

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1. Protecting the Culture: WEVOLV is a self-moderating community. Ensure you protect our unique culture by being cautious about whom you invite or refer. Agents, teams, and league officials have a private portal to engage with our members. However, they should not be freely invited into the private community space.
2. Give to Get: Engage actively and constructively, seeking to both offer and receive insights. 
3. Be Truthful with Positive Intent: Always be genuine in your interactions, aiming for positive outcomes. 
4. Keep it 100: Maintain authenticity and honesty at all times.
5. No Screenshots: Respect privacy and confidentiality. Do not take or share screenshots of conversations or content from WEVOLV.
6. Maintain Respect and Kindness: While constructive criticism is welcome, avoid being rude, derogatory, or harmful. We prohibit threats of violence, hate speech, or attacks based on race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religion, disability, or disease.
7. Confidentiality: Ensure that you don’t post or share confidential information. This platform is designed for professional discussions, not for airing personal or professional grievances.

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Athlete Reporting

As part of our commitment to maintaining a positive environment, if you encounter any player not respecting the community code, content guidelines, or other members, you can report them via in-app WEVOLV reporting. If you meet someone you disagree with but they aren’t violating community rules, you have the option to block that person.

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Retired Athletes

If you are a retired athlete and also a service provider, respect the sanctity of the private athlete spaces:

Avoid spamming or soliciting.

Protect and respect the community as you would have wanted during your active playing days.

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Agents

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1. Client Listing: Your client list should only include athletes who have directly hired you. Partner agent clients should not be listed on your profile.
2. Profile Accuracy: Ensure that the profile picture is no older than two years and maintain up-to-date contact information.
3. Active Website: You must have a live website for your profile to be approved.
4. No Soliciting: Do not solicit services or offers to athletes without direct relevance or interest.
5. Direct Information: Only post job offers or information you have direct contact with. Avoid sharing "word of mouth" information to gain athlete engagement.

Modifications and Termination

WEVOLV reserves the right to update these Terms at any time. We also reserve the right to suspend or terminate your account for violations of these Terms or for any other reason at our discretion.

Your use of WEVOLV constitutes agreement to these Terms. If any provision of these Terms is found invalid by a court of competent jurisdiction, it will be adjusted rather than omitted, in order to retain the legal effect of the Terms as near as possible.

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Interpretation and Definitions

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Interpretation

 The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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3. Intellectual Property

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Definitions

For the purposes of these Terms and Conditions:

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1. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
2. Country refers to: Delaware, United States.
3. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to WEVOLV, LLC, 191 Gnage Ln. Rochester, NEW YORK 14612.
4. Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
5. Service refers to the Website.
6. Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
7. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
8. Website refers to WEVOLV, accessible from https://www.wevolv.net/.
9. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1. Cookies

We employ the use of cookies. By accessing www.wevolv.net, you agreed to use cookies in agreement with WEVOLV, LLC's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

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2. Your obligations

You undertake not to undermine the proper functioning, data integrity and safety of www.wevolv.net

You undertake not to make use of www.wevolv.net in any way which would violate any applicable laws or regulations, or which would infringe upon rights of WEVOLV or third parties.

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3. Intellectual Property

Unless otherwise stated, WEVOLV, LLC and/or its licensors own the intellectual property rights for all material on WEVOLV. All intellectual property rights are reserved. You may access this from WEVOLV for your own personal use subjected to restrictions set in these terms and conditions.

Any and all pictures, graphics, logos, texts, videos, animations, sounds, games and other works (hereinafter "Content") on www.wevolv.net are subject to copyrights and/or other intellectual property rights, unless stipulated otherwise. Content may not be reproduced or modified in any way without prior permission from the relevant right holder.

Unless expressly stipulated otherwise, nothing in these Terms and Conditions shall be interpreted as granting any intellectual property rights or licences to such rights to you. No act of downloading or otherwise copying or reproducing from www.wevolv.net will transfer title to you to any content.

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4. Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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5. Disclaimer

You understand that any information or services provided by WEVOLV on this website are made available “As is.” WEVOLV makes no, and hereby expressly disclaims all, warranties, express, implied, statutory, or otherwise with respect to the services, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose

You acknowledge that a 100% availability of www.wevolv.net is technically unrealistic. While WEVOLV endeavours to keep www.wevolv.net available as constantly as possible, temporary breakdowns cannot be excluded, in particular (without limitation) due to maintenance, security or capacity issues as well as due to events which are not within WEVOLV’s control (such as, for example, disruption in public communication networks, power shortages etc.).

Any material downloaded or otherwise obtained through the use of www.wevolv.net is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

www.wevolv.net may contain some services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If WEVOLV charges you for a mobile service, you will first be notified and asked to accept any charges. Please note that not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using WEVOLV’s mobile services, you acknowledge that WEVOLV may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, it is your responsibility to promptly update your account information to ensure that WEVOLV does not send your messages to a different person.

You acknowledge and agree that WEVOLV has no responsibility for the accuracy or availability of information, material or content provided by third party linked websites, or the content, performance, terms and conditions of use or the privacy policies or practises on such websites. Links to such websites do not constitute an endorsement by WEVOLV of such websites or their content, products, or other materials or services presented on such websites. WEVOLV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or other material available on third party linked websites.

In the event that you wish to establish a link to www.wevolv.net, you expressly agree:

i) to ask prior written approval of WEVOLV to establish a link to www.wevolv.net;

ii) not to include www.wevolv.net into the frame of another website, but to create a direct link to www.wevolv.net;

iii) not to create any third party association with www.wevolv.net; and

iv) to ensure that the link does not state or imply that WEVOLV sponsors or endorses any other website activity, company or entity, or presents WEVOLV and/or basketball in a false, misleading, defamatory or derogatory manner

The link to www.wevolv.net does not permit you to use any WEVOLV and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.

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6. Indemnity

You agree to defend, indemnify and hold harmless WEVOLV and its affiliates, officers, employees and agents from/against any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including (without limitation) reasonable legal fees, that may arise in connection with your use of and/or access to www.wevolv.net, including (without limitation) your unauthorised copying and/or use of any intellectual property of third parties.

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7. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

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8. Limitation of Liability

To the extent that liability is not limited by the applicable law already, You expressly acknowledge and agree that WEVOLV shall not be liable for any damages - whether in Tort, Contract or otherwise - in case of simple negligence unless Wevolv violated a cardinal obligation. A Cardinal Obligation is an obligation which you could trust to be complied with and the fulfilment of which is principal to the proper execution of this contract; in such case, indemnity claims are limited to the amount of the typically foreseeable damages.

You expressly acknowledge that WEVOLV shall not be liable for punitive damages under any circumstances.

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9. Privacy Policy

WEVOLV commits to protect such personal data and to comply with data privacy and security laws in order to ensure adequate protection of applicants personal rights. By using our website, you expressly agree to the use of personal data in accordance with the Data Protection Notice available at: (*)
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10. Dispute Resolution

1.  Initial Dispute Resolution

Contact us at legal@wevolv.net for concerns about the Service. Try to resolve disputes through good faith negotiation before initiating arbitration.

2.  Binding Arbitration

Unresolved disputes after 30 days of negotiation will be settled by binding arbitration in accordance with the American Arbitration Association (AAA). The arbitrator has exclusive authority to settle all disputes related to these Terms, with the power to grant any relief available under law. The arbitrator's award is binding and can be entered as a judgement in a competent court.

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11. Final Provisions

Should any provision of these Terms and Conditions be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or operation of any other provision. In such cases, the parties are obliged to substitute for the invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.

These Terms and Conditions constitute the entire agreement between you and Wevolv in relation to their subject matter, i.e. with respect to your use of and/or access to www.wevolv.net, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and WEVOLV, whether oral or written in relation to this subject matter.

WEVOLV reserves the right to amend these Terms and Conditions at any time without prior notice.

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Contact us: If you have any questions about these Terms and Conditions, You can contact us by email at legal@wevolv.net.

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