EmptyNet

Terms of Service

Last Updated: September 15, 2026 Effective Date: September 15, 2026

Welcome to EmptyNet.

These Terms of Service ("Terms") are a legal agreement between you and EmptyNet Sports, LLC ("EmptyNet," "we," "our," or "us"). These Terms govern your access to and use of the EmptyNet mobile application, website, and related services, features, content, and technology (collectively, the "Service").

Please read these Terms carefully. By creating an account, selecting "I Agree" or a similar acceptance mechanism, or otherwise affirmatively accepting these Terms through the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not create an account or use the Service.

1. ACCEPTANCE OF TERMS

By creating an account or otherwise affirmatively accepting these Terms through the Service, you agree to be bound by these Terms and the Privacy Policy.

EmptyNet may maintain electronic records showing the version of the Terms and Privacy Policy presented to and accepted by a user, together with the date and time of acceptance and other information reasonably necessary to document that acceptance.

Certain features, promotions, transactions, or services may be subject to additional terms presented through the Service. If you use those features or services, those additional terms also apply.

If additional terms conflict with these Terms, the additional terms will control solely with respect to the feature, transaction, or service to which they apply.

2. ELIGIBILITY AND MINOR ACCOUNTS

2.1 Minimum Age

You must be at least 16 years old to create or use an EmptyNet account.

EmptyNet does not permit anyone under 16 to create an account or use the Service.

During registration, users may be required to represent and confirm that they satisfy EmptyNet's applicable age requirements.

2.2 Adult and Minor Accounts

During registration, a user may be classified as either:

  • an adult account for a user age 18 or older; or
  • a minor account for a user age 16 or 17.

A user establishing a minor account may be required to provide a date of birth or other age-related information so EmptyNet can apply age-based eligibility restrictions.

When a minor account holder reaches age 18, EmptyNet may automatically treat the account as an adult account for purposes of game eligibility and other age-based features.

2.3 Minor Accounts and Participation Requirements

Users who are 16 or 17 may create and use a minor account subject to the age-based restrictions described in these Terms.

EmptyNet does not obtain, verify, or maintain parental or legal-guardian consent solely for the creation or general use of a minor account unless EmptyNet expressly states otherwise for a particular feature or as required by applicable law.

A minor account does not establish or guarantee that the user is eligible to participate in any particular game, league, tournament, rink, facility, or hockey program.

The applicable Manager, team, league, rink, facility, governing organization, tournament, or other game organizer is responsible for determining whether a minor may participate and for obtaining any parental or legal-guardian consent, waiver, release, permission, registration, or other documentation required for that participation.

EmptyNet does not obtain, review, verify, or maintain game-, league-, rink-, facility-, or organization-specific parental consent forms, waivers, releases, or participation documents unless expressly stated otherwise through the Service.

Nothing in this section limits EmptyNet's ability to apply age-based account restrictions, request age or identity verification when reasonably necessary, or restrict, suspend, or terminate an account containing false, misleading, or fraudulent age information.

2.4 Game Age Requirements

Games are designated as 18+ by default.

A Manager may intentionally designate a particular game as 16+ only when the Manager reasonably believes that participants under 18 are permitted to participate in that particular game.

Minor accounts may view and accept only games designated as 16+.

Adult accounts may accept games designated as either 16+ or 18+.

2.5 Game-Specific Minor Participation

EmptyNet does not determine whether a minor is legally or otherwise eligible to participate in a particular hockey game, league, tournament, rink, or program.

Managers, teams, leagues, rinks, facilities, governing organizations, and other responsible game organizers are responsible for determining applicable age requirements and whether a minor satisfies all registration, insurance, membership, eligibility, waiver, parental-consent, and participation requirements.

If a participant is under 18, the applicable Manager, league, rink, facility, team, or game organizer is responsible for obtaining any game-specific parental or legal-guardian consent, waivers, releases, or other documentation required for participation.

Unless EmptyNet expressly states otherwise, EmptyNet does not obtain, review, verify, or maintain league-, rink-, facility-, or game-specific parental consent forms or participation waivers.

2.6 Age Information

EmptyNet generally relies on the age information and representations provided by users and does not independently verify every user's age.

EmptyNet may request identity, age, or account verification when reasonably necessary for safety, payment processing, fraud prevention, legal compliance, or access to particular features.

False, misleading, or fraudulent age information may result in immediate account restriction, suspension, or termination.

3. THE EMPTYNET MARKETPLACE

EmptyNet provides a technology marketplace and matching service that connects hockey team managers and other authorized game organizers ("Managers") seeking goaltenders with hockey goaltenders ("Goalies") interested in available games.

Managers may post games and provide information such as rink, date, time, skill level, compensation, eligibility requirements, and other game information. EmptyNet may notify Goalies whose profiles, preferences, availability, or other account information match relevant characteristics of the posted game.

EmptyNet's role is limited to facilitating connections and providing related marketplace technology and services.

EmptyNet does not organize, operate, host, supervise, officiate, manage, or control the underlying hockey games.

Except with respect to EmptyNet's own rights and obligations expressly described in these Terms, EmptyNet is not a party to any agreement or arrangement between a Manager and Goalie concerning participation in a game.

EmptyNet does not guarantee:

  • that a Manager will find a Goalie;
  • that a particular Goalie will receive a game notification;
  • that a Goalie will be selected;
  • that a booked Goalie will attend;
  • that a game will occur;
  • that a replacement Goalie will be available; or
  • that any user will perform as expected.

4. ACCOUNTS AND USER INFORMATION

You must provide accurate, current, and complete information when creating and maintaining your account.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You may not allow another person to use your account in a manner that misrepresents that person's identity or eligibility.

You must promptly update account information that becomes inaccurate or incomplete.

EmptyNet may require verification of your email address, identity, payment information, age information, hockey registration information, or other account information before allowing access to certain features.

EmptyNet may restrict, suspend, or terminate accounts containing materially false or misleading information or accounts that cannot reasonably be verified when verification is required.

Dual-Role Accounts

Users may hold both Manager and Goalie roles where supported by the Service.

EmptyNet may impose restrictions designed to prevent self-booking, self-notification, payment manipulation, rating manipulation, promotional abuse, or other conflicts between roles.

Financial activity associated with Manager and Goalie roles may be treated separately.

5. GAMES, BOOKINGS, AND PARTICIPATION

Managers are responsible for providing materially accurate information about games they post, including the rink, date, time, skill level, compensation, and any eligibility requirements identified through the Service.

Goalies are responsible for reviewing available game information before accepting a game.

Booking Fulfillment

For purposes of the Service, a booking is generally considered fulfilled when the booked Goalie arrives at the posted rink at or before the scheduled game time and is ready and eligible to participate under the applicable game, league, rink, and facility requirements.

A game that is delayed, shortened, cancelled, forfeited, or otherwise changed after the Goalie's arrival may still be considered a fulfilled booking.

This fulfillment standard does not replace the separate check-in, cancellation, no-show, payment, payout, refund, or dispute rules described in these Terms.

Eligibility

EmptyNet does not establish or guarantee eligibility for any particular game.

Managers, Goalies, teams, leagues, rinks, facilities, tournaments, and governing organizations remain responsible for determining and complying with applicable requirements, including:

  • age requirements;
  • roster requirements;
  • skill or division restrictions;
  • hockey registration requirements;
  • insurance requirements;
  • facility rules;
  • waivers and releases; and
  • other participation requirements.

Availability and Preferences

Goalies may manage availability and participation preferences through the Service.

EmptyNet does not guarantee that any availability setting, favorite-rink selection, skill preference, hockey type, or other profile configuration will result in notifications, game opportunities, bookings, or selection by a Manager.

6. COMMUNICATIONS AND NOTIFICATIONS

By using the Service, you agree that EmptyNet may send transactional and service-related communications concerning game opportunities, bookings, cancellations, payments, account activity, security, verification, and other matters related to your use of the Service.

Certain notification preferences may be managed through the Service or your device settings.

Disabling notifications may prevent you from receiving time-sensitive information and may affect your ability to effectively use certain features.

Notification delivery is not guaranteed.

EmptyNet is not responsible for missed opportunities, games, bookings, cancellations, or similar consequences resulting from notifications that are delayed, blocked, disabled, filtered, or otherwise not delivered for reasons outside EmptyNet's reasonable control.

7. PAYMENTS, FEES, AND GOALIE PAYOUTS

7.1 Payment Processing

Payments made through the Service may be processed by third-party payment processors, including Stripe.

By using payment features, you may also be subject to the payment processor's applicable agreements, policies, verification requirements, and terms.

EmptyNet does not store full payment-card information on its own servers.

7.2 Manager Billing

When a Manager posts a game, EmptyNet may place an authorization hold on the selected payment method or securely save that payment method through its payment processor for later charging, depending on the transaction.

Except for separately disclosed charges that may apply regardless of whether a Goalie accepts the game, the applicable booking amount is generally captured or charged when a Goalie accepts the game.

If a payment authorization expires, payment fails, or EmptyNet is unable to collect the required amount when a Goalie accepts, EmptyNet may cancel or reverse the booking, remove the Goalie from the booking, and return the game to open status.

By confirming a transaction, the Manager authorizes EmptyNet and its payment processor to charge the amounts displayed before confirmation.

Charges may include:

  • Goalie compensation;
  • EmptyNet service fees;
  • optional urgent or priority-service charges;
  • applicable payment-processing charges; and
  • applicable taxes or legally required charges.

The amount charged will be disclosed before the Manager confirms the applicable transaction.

7.3 Urgent and Priority Services

EmptyNet may offer optional urgent, priority, emergency-notification, or similar services for an additional charge.

The applicable charge and its refundability will be disclosed before purchase.

Because these charges compensate EmptyNet for providing enhanced or accelerated notification or matching services, an urgent or priority-service charge may be non-refundable and may be charged or retained even if no Goalie accepts the game, when that condition is disclosed before purchase.

7.4 Fee Changes

EmptyNet may change fees, credit packages, promotions, and pricing from time to time.

Changes apply prospectively and will not alter the price of a transaction already confirmed except where required by law or agreed to by the user.

7.5 Goalie Payouts

Goalies are entitled to receive compensation agreed upon for eligible completed games, subject to these Terms and applicable payment-processing requirements.

Goalie compensation may become eligible for payout following verified attendance or check-in, Manager confirmation, automatic completion procedures, or other verification mechanisms used by EmptyNet.

A game may be marked completed while a payout remains pending.

Goalies receiving payments may be required to complete identity verification, provide banking or tax information, and satisfy other onboarding requirements imposed by EmptyNet or its payment processor.

Payout timing may vary based on account history, verification status, payment-provider policies, banking schedules, risk reviews, holds, disputes, or other circumstances.

If required payment onboarding or verification has not been completed, funds may remain pending until applicable requirements are satisfied.

EmptyNet does not guarantee a particular payout date and is not responsible for delays caused by payment processors, financial institutions, incomplete verification, account restrictions, regulatory requirements, or circumstances outside EmptyNet's reasonable control.

8. CREDITS, PROMOTIONS, AND LOYALTY PROGRAMS

EmptyNet may allow Managers to purchase service-fee credits or receive promotional credits, loyalty rewards, discounts, unlimited-access benefits, or similar benefits.

The charges covered by a particular credit or benefit will be disclosed through the Service.

Depending on the type of credit or benefit, it may waive some or all of an EmptyNet service fee or other EmptyNet-imposed charges.

Unless expressly stated otherwise, credits do not waive:

  • Goalie compensation;
  • third-party payment-processing charges;
  • urgent or priority-service charges;
  • taxes; or
  • other third-party or legally required amounts.

If an eligible credit is reserved for an open game and the game expires or is cancelled before a Goalie is booked, the unused credit will generally be restored to the Manager's account.

Purchased credits do not expire unless otherwise disclosed before purchase or permitted or required by applicable law.

Promotional credits, loyalty rewards, discounts, and similar benefits may have separate eligibility requirements, expiration rules, restrictions, and no cash value.

EmptyNet may establish or modify rules governing future promotional and loyalty programs. Changes will apply prospectively to the extent required by applicable law.

9. CANCELLATIONS, NO-SHOWS, AND BACKUP FEATURES

9.1 Open Games

A Manager may cancel a game that has not yet been accepted by a Goalie.

Applicable payment authorizations may be released or voided, subject to separately disclosed non-refundable fees or charges.

9.2 Manager Cancellation After Booking

If a Manager cancels a game or removes a Goalie after a booking has been confirmed, refund eligibility depends on transaction status, timing, and the charges associated with the booking.

If payment has not been captured, an applicable authorization may be cancelled or released.

If payment has been captured, some amounts may be refundable while service fees, processing fees, urgent-service charges, or other charges may be non-refundable where disclosed before purchase and permitted by law.

Applicable cancellation and refund information may be displayed through the Service or communicated to the Manager.

9.3 Goalie Cancellations

Goalies should cancel confirmed bookings as early as reasonably possible.

EmptyNet may restrict self-service cancellation as game time approaches and may require the Goalie to communicate with the Manager using available communication features.

If a Goalie cancels, EmptyNet may reopen the game, refund or adjust applicable Manager charges, or attempt to locate another Goalie.

Late cancellations, repeated cancellations, or cancellations that materially disrupt games may be recorded as platform activity and may result in account restrictions or suspension.

9.4 No-Shows

A Goalie who fails to attend a confirmed game without an approved cancellation may be designated as a No-Show.

A No-Show may result in:

  • forfeiture of Goalie compensation;
  • adjustment or refund of applicable Manager charges;
  • recording of the incident in platform activity;
  • effects on reputation or trust features; and
  • account restrictions or suspension.

EmptyNet may establish reasonable review procedures intended to identify fraudulent, abusive, or inaccurate No-Show reports.

9.5 Backup and Emergency Features

EmptyNet may provide backup, replacement, emergency-alert, or similar features designed to help locate another Goalie.

These features are provided on a best-effort basis.

EmptyNet may establish or modify eligibility requirements, timing rules, notification methods, availability criteria, automatic promotion procedures, and other operational aspects of these features.

Availability, notification delivery, response time, acceptance, and replacement coverage are not guaranteed.

EmptyNet is not responsible for a game being delayed, cancelled, forfeited, played without a Goalie, or otherwise affected because replacement coverage cannot be secured.

10. REFUNDS, PAYMENT DISPUTES, AND CHARGEBACKS

If you believe a transaction is incorrect, you should contact EmptyNet support as soon as reasonably possible.

EmptyNet may review payment disputes, refund requests, cancellations, No-Show reports, and related issues using transaction records, check-in information, communications, account records, and other reasonably available information.

Initiating a chargeback in bad faith, knowingly misrepresenting a transaction, or abusing the dispute process may result in account suspension or termination.

EmptyNet may contest chargebacks it reasonably believes are fraudulent, inaccurate, abusive, or made in bad faith and may recover associated amounts and costs where permitted by law.

Nothing in these Terms limits rights that cannot lawfully be waived under applicable consumer-protection or payment laws.

11. VERIFICATION, BADGES, RATINGS, AND REPUTATION FEATURES

11.1 Verification

EmptyNet may require identity or account verification when reasonably necessary for safety, payment processing, fraud prevention, legal compliance, or access to particular features.

Verification may be performed by EmptyNet or a third-party provider.

EmptyNet may restrict accounts when required verification cannot be completed, submitted information appears materially inaccurate or fraudulent, or account activity indicates unauthorized use or fraud.

Verification of particular information does not constitute a comprehensive background check or guarantee concerning a user.

11.2 Manager and Organization Information

EmptyNet may display organization information, league or team information, badges, activity indicators, or other designations associated with Manager accounts.

Some information may be supplied by the Manager rather than independently verified by EmptyNet.

Managers are responsible for ensuring that organization, league, team, rink, and other information they provide is accurate and does not impersonate or materially misrepresent another person or organization.

Unless EmptyNet expressly states otherwise, a badge or designation does not constitute identity verification, certification, sponsorship, endorsement, or a guarantee of a Manager's conduct, authority, reliability, organization, or future activity.

EmptyNet may establish, modify, remove, or revoke badges and designations when reasonably necessary to protect the integrity of the Service.

11.3 Reputation Scores and Activity Indicators

EmptyNet may compute and display reputation scores, ratings, activity indicators, or similar trust signals based on relevant platform activity.

Factors may include completed games, Manager ratings, attendance, cancellations, No-Shows, responsiveness, verification information, and other appropriate platform activity.

EmptyNet may change eligibility requirements, factors, weighting, calculation methods, and presentation of these features to improve accuracy, fairness, usefulness, safety, or resistance to manipulation.

EmptyNet is not required to disclose proprietary formulas, algorithms, weightings, fraud-detection methods, or internal scoring systems.

Reputation scores and other trust indicators are informational only.

They may be based on incomplete information or contain errors and do not constitute an endorsement or guarantee of a user's skill, character, reliability, safety, identity, eligibility, or suitability for a particular game.

Users should not rely on a reputation feature as the sole basis for deciding whether to interact with or select another user.

11.4 Ratings and Reviews

Managers may be permitted to submit ratings or reviews regarding their experiences with Goalies.

Ratings and reviews must reflect genuine experiences and may not contain fraudulent, misleading, abusive, harassing, defamatory, unlawful, or manipulative content.

EmptyNet may remove or restrict content that violates these Terms and may take action against users attempting to manipulate ratings or reputation systems.

Users may contact EmptyNet if they believe a reputation feature or rating is based on inaccurate underlying account or transaction information. EmptyNet may investigate and correct verifiable data errors.

12. USER INTERACTIONS AND SAFETY

Users are responsible for their interactions with other users and for independently determining whether to participate in a game.

EmptyNet does not supervise interactions between users or guarantee the identity, background, conduct, qualifications, playing ability, physical fitness, experience, reliability, safety, or suitability of any user except to the limited extent expressly stated for a particular verification feature.

Users should exercise appropriate judgment and comply with applicable team, league, rink, facility, governing-body, and game requirements.

If a user believes another user presents an immediate threat to health or safety, the user should contact appropriate emergency services or local authorities when warranted.

Reports concerning conduct occurring through or in connection with the Service may be submitted to EmptyNet. EmptyNet may investigate and take account action when reasonably appropriate, but does not guarantee a particular investigation or outcome.

13. INDEPENDENT RELATIONSHIP BETWEEN USERS

EmptyNet provides a marketplace and technology platform.

EmptyNet does not employ Goalies and does not supervise, direct, or control how a Goalie performs during a hockey game.

Goalies are independent participants and are not employees, agents, partners, franchisees, or joint venturers of EmptyNet.

Managers are not employees, agents, partners, franchisees, or joint venturers of EmptyNet.

Nothing in these Terms creates an employment, agency, partnership, fiduciary, franchise, or joint-venture relationship between EmptyNet and any user.

Managers remain responsible for determining whether a particular Goalie is appropriate and eligible for their game.

EmptyNet does not guarantee a Goalie's playing ability, physical fitness, skill level, experience, eligibility, or suitability for a particular game.

14. TAXES

Users are responsible for taxes and reporting obligations applicable to amounts they receive through the Service unless applicable law requires EmptyNet or its payment processor to collect, withhold, report, or remit those amounts.

EmptyNet or its payment processor may request tax information or issue tax documents where required by law.

Taxes or other legally required charges collected from Managers will be disclosed as required by applicable law.

15. PROHIBITED CONDUCT

You may not:

  • use the Service for unlawful purposes or in violation of applicable law;
  • harass, threaten, intimidate, demean, stalk, or abuse another user;
  • impersonate another person, team, league, rink, organization, or business;
  • provide materially false or misleading information;
  • materially misrepresent your identity, age, skill level, playing experience, availability, eligibility, authority, or organization;
  • create fake games, bookings, accounts, ratings, reviews, check-ins, or transactions;
  • manipulate or attempt to manipulate EmptyNet's matching, reputation, payment, credit, promotional, check-in, or review systems;
  • use the Service to facilitate fraud or payment abuse;
  • initiate fraudulent or bad-faith chargebacks;
  • intentionally circumvent fees associated with a particular booking or transaction initiated or arranged through EmptyNet by moving that transaction off-platform;
  • interfere with or disrupt the Service;
  • attempt to gain unauthorized access to the Service or another user's account;
  • reverse engineer, exploit, attack, or circumvent technical restrictions of the Service except where such restriction is prohibited by applicable law;
  • use automated systems to scrape, harvest, copy, or collect information from the Service without EmptyNet's written permission; or
  • use the Service in a manner that threatens the safety, security, integrity, reputation, or operation of EmptyNet or its users.

Nothing in this section prohibits users who independently know or later develop relationships with one another from communicating or arranging unrelated future activities outside EmptyNet, provided they are not using such arrangements to evade fees or obligations associated with a specific EmptyNet transaction.

16. USER CONTENT

You retain ownership of content you submit to the Service.

By submitting content, you grant EmptyNet a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, format, adapt, and otherwise use that content as reasonably necessary to operate, maintain, secure, support, promote, and improve the Service.

This license does not transfer ownership of your content to EmptyNet.

You represent that you own or otherwise have the rights necessary to submit the content and grant the rights described in these Terms.

You may not submit content that violates applicable law or another person's intellectual-property, privacy, publicity, contractual, or other rights.

Nothing in these Terms restricts a user's right to provide an honest review, assessment, or opinion concerning EmptyNet to the extent protected by applicable law.

17. EMPTYNET INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Service, including its software, design, functionality, databases, content, branding, trademarks, trade names, logos, graphics, and other intellectual property, are owned by EmptyNet Sports, LLC or its licensors.

Except for the limited right to use the Service in accordance with these Terms, no rights in EmptyNet intellectual property are granted to you.

You may not copy, reproduce, modify, distribute, sell, license, publicly display, create derivative works from, or commercially exploit EmptyNet intellectual property without prior written permission except where applicable law expressly permits otherwise.

The EmptyNet name, logo, branding, and related marks may not be used in a manner that falsely suggests endorsement, affiliation, sponsorship, or association with EmptyNet.

18. THIRD-PARTY SERVICES

The Service may integrate with or rely upon third-party services, including payment processors, identity-verification providers, mapping or location services, notification providers, hosting providers, analytics providers, app stores, and other technology services.

Third-party services may be subject to separate terms and privacy policies.

EmptyNet does not control the independent operation, availability, security, terms, policies, or performance of third-party services.

To the maximum extent permitted by law, EmptyNet is not responsible for interruptions, delays, errors, acts, or omissions of third-party services outside EmptyNet's reasonable control.

19. ACCOUNT DELETION, SUSPENSION, AND TERMINATION

19.1 User-Initiated Deletion

Users may request or initiate account deletion through methods provided by EmptyNet.

Outstanding games, bookings, payouts, disputes, or financial obligations may need to be resolved before deletion can be fully completed.

Certain transaction, financial, fraud-prevention, safety, security, or legal records may be retained where permitted or required by law, as further described in the Privacy Policy.

19.2 Suspension or Termination by EmptyNet

EmptyNet may suspend, restrict, or terminate an account when reasonably necessary, including for:

  • fraud or misrepresentation;
  • false, misleading, or fraudulent age information;
  • repeated No-Shows or materially disruptive cancellations;
  • harassment, threats, or abusive behavior;
  • payment or chargeback abuse;
  • manipulation of ratings, bookings, check-ins, credits, promotions, or other platform systems;
  • violation of these Terms;
  • legal or regulatory requirements; or
  • conduct presenting a reasonable risk to users or to the integrity, security, reputation, or operation of the Service.

Where reasonably practicable, EmptyNet may notify users of suspension or termination.

To the maximum extent permitted by law, EmptyNet is not responsible for losses resulting from a suspension, restriction, or termination carried out in accordance with these Terms.

20. ASSUMPTION OF RISK; WAIVER AND RELEASE

Hockey is an inherently dangerous physical activity involving skating, physical contact, pucks, sticks, boards, goals, equipment, ice, facilities, other participants, and other conditions that may result in serious bodily injury, illness, disability, property damage, or death.

By using the Service to find, post, accept, arrange, or participate in a game, you acknowledge and voluntarily assume the risks associated with your participation in hockey activities and your interactions with other participants.

EmptyNet is a matching platform and does not organize, host, control, manage, supervise, officiate, or provide medical or safety services for games, venues, or participants.

You are responsible for deciding whether to participate and for complying with applicable game, league, rink, facility, team, and governing-body requirements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND AGREE NOT TO BRING CLAIMS AGAINST EMPTYNET SPORTS, LLC AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN A HOCKEY GAME OR OTHER ACTIVITY ARRANGED THROUGH THE SERVICE, INCLUDING CLAIMS FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

Nothing in this section waives or releases claims that applicable law does not permit to be waived or released, including claims based on gross negligence, reckless or intentional misconduct, or other non-waivable rights.

This section does not replace any parental consent, league waiver, rink waiver, facility waiver, or other documentation required for participation.

21. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPTYNET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EMPTYNET DOES NOT GUARANTEE THAT:

  • A MANAGER WILL FIND A GOALIE;
  • A GOALIE WILL RECEIVE OR BE SELECTED FOR A GAME;
  • A USER WILL ARRIVE OR PERFORM AS EXPECTED;
  • A GAME WILL OCCUR AS SCHEDULED;
  • THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR; OR
  • INFORMATION PROVIDED BY ANOTHER USER WILL BE ACCURATE OR COMPLETE.

EMPTYNET DOES NOT CONDUCT BACKGROUND CHECKS ON ALL USERS UNLESS EXPRESSLY STATED OTHERWISE.

EMPTYNET DOES NOT GUARANTEE THE IDENTITY, SAFETY, SKILL, QUALITY, RELIABILITY, FITNESS, CONDUCT, ELIGIBILITY, OR LEGALITY OF USERS OR GAMES ARRANGED THROUGH THE SERVICE.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above limitations may not apply to you.

22. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPTYNET SPORTS, LLC AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO:

  • YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE;
  • THE CONDUCT, ACTIONS, CONTENT, OR OMISSIONS OF ANOTHER USER OR THIRD PARTY;
  • A GAME, BOOKING, CANCELLATION, NO-SHOW, PAYMENT, PAYOUT, OR OTHER TRANSACTION ARRANGED THROUGH THE SERVICE;
  • A MISSED OR UNDELIVERED NOTIFICATION;
  • INJURY, ILLNESS, PROPERTY DAMAGE, OR OTHER LOSS ARISING FROM PARTICIPATION IN HOCKEY ACTIVITIES ARRANGED THROUGH THE SERVICE; OR
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR ACCOUNT, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPTYNET'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID DIRECTLY TO EMPTYNET, EXCLUDING AMOUNTS PAID TO GOALIES OR THIRD PARTIES, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OF LIABILITY.

Nothing in these Terms limits liability that cannot lawfully be excluded or limited.

23. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless EmptyNet Sports, LLC and its officers, members, directors, employees, agents, affiliates, licensors, and service providers from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising out of or relating to:

  • your use or misuse of the Service;
  • your participation in activities arranged through the Service;
  • your violation of these Terms;
  • your violation of applicable law;
  • your violation of another person's or organization's rights;
  • content you submit through the Service; or
  • your fraud, misconduct, negligence, or intentional wrongdoing.

EmptyNet reserves the right, at its own expense, to assume exclusive control of the defense of a matter otherwise subject to indemnification, and you agree to reasonably cooperate with that defense.

24. DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION AND JURY-TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

24.1 Governing Law

These Terms and disputes arising out of or relating to these Terms or the Service are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law applies.

24.2 Informal Dispute Resolution

Before initiating arbitration or other formal proceedings, the party asserting a dispute must provide the other party with written notice describing the dispute and the relief requested.

Notices to EmptyNet must be sent to support@emptynet.app.

The parties agree to make a good-faith effort to resolve the dispute informally for at least thirty (30) days after sufficient notice is received.

Either party may proceed sooner when necessary to preserve a claim under an applicable limitations period or seek emergency relief.

24.3 Agreement to Arbitrate

Except for disputes described in Section 24.7 or where prohibited by applicable law, disputes, claims, or controversies arising out of or relating to these Terms, the Service, or the relationship between you and EmptyNet that cannot be resolved informally shall be resolved through binding individual arbitration rather than in court.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

24.4 Arbitration Administrator and Rules

Arbitration shall be administered by the American Arbitration Association ("AAA") under the AAA rules applicable to the dispute, including its Consumer Arbitration Rules when applicable, as modified by these Terms to the extent permitted.

If AAA is unavailable or unwilling to administer a particular arbitration, the parties shall attempt in good faith to select another nationally recognized arbitration provider. If the parties cannot agree, a court of competent jurisdiction may appoint an arbitration provider.

24.5 Arbitration Procedure

Arbitration may be conducted by telephone, videoconference, written submissions, or an in-person hearing as permitted by applicable AAA rules and determined under those rules.

Any in-person arbitration shall take place at a location reasonably convenient to the consumer where required by applicable law or arbitration rules.

The arbitrator may award the same individual remedies that would otherwise be available in court to the extent authorized by applicable law.

The arbitrator shall issue a reasoned decision when required by applicable rules or law.

24.6 Arbitration Fees

Payment of filing, administrative, and arbitrator fees will be governed by applicable AAA rules and applicable law.

EmptyNet will pay fees that it is required to pay under those rules or applicable law.

Nothing in these Terms requires a consumer to pay arbitration costs that applicable law prohibits EmptyNet from imposing.

24.7 Exceptions to Arbitration

Either party may bring an eligible individual claim in small-claims court.

Nothing in this section prevents either party from seeking temporary or emergency injunctive or equitable relief from a court of competent jurisdiction when reasonably necessary to prevent immediate or irreparable harm, unauthorized access to the Service, misuse of intellectual property, or security threats.

24.8 Class and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EMPTYNET AGREE THAT CLAIMS AGAINST EACH OTHER WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, except where applicable law requires otherwise.

24.9 Jury-Trial Waiver

TO THE EXTENT A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND EMPTYNET WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY.

For disputes that are permitted to proceed in court, any jury-trial waiver will apply only to the extent permitted by applicable law.

24.10 Arbitration Opt-Out

You may opt out of the arbitration agreement in this Section 24 by sending written notice to support@emptynet.app within thirty (30) days after the date you first accept the version of these Terms containing this arbitration agreement.

Your notice must clearly state that you wish to opt out of arbitration and must include sufficient information to identify your EmptyNet account.

Opting out of arbitration will not affect the remaining provisions of these Terms or your ability to use the Service.

24.11 Severability of Arbitration Provisions

If a portion of this arbitration agreement is determined to be unenforceable, that portion shall be severed or modified to the minimum extent necessary where permitted, and the remaining arbitration provisions shall remain in effect.

If applicable law prevents enforcement of the class or representative-action waiver with respect to a particular claim or requested remedy, that claim or remedy shall proceed in a court of competent jurisdiction to the extent required by law, while arbitrable claims remain subject to arbitration.

25. PRIVACY

Your use of the Service is also governed by the EmptyNet Privacy Policy, which is incorporated into these Terms by reference.

Please review the Privacy Policy for information concerning EmptyNet's collection, use, storage, disclosure, retention, and protection of personal information.

26. CHANGES TO THE SERVICE AND THESE TERMS

EmptyNet may modify, add, remove, suspend, or discontinue features of the Service from time to time.

EmptyNet may also modify these Terms.

When EmptyNet makes material changes, it will provide notice as required by applicable law, which may include notice through the Service or by email.

EmptyNet may require users to review and affirmatively accept materially revised Terms before continuing to use some or all of the Service.

When affirmative acceptance is required, continued use alone will not constitute acceptance until the required acceptance has been recorded.

The "Last Updated" date will be revised when these Terms change.

Where affirmative acceptance is not required by applicable law or by EmptyNet, continued use of the Service after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

If you do not agree to revised Terms, you must discontinue use of the Service.

27. GENERAL LEGAL TERMS

27.1 Force Majeure

EmptyNet will not be responsible for delay, interruption, or failure to perform caused by circumstances beyond its reasonable control, including severe weather, natural disasters, rink or facility closures, power failures, telecommunications or internet outages, payment-network failures, third-party service failures, labor disputes, government action, civil emergencies, war, terrorism, epidemics, cyber incidents outside EmptyNet's reasonable control, or similar events.

This provision does not excuse obligations that applicable law does not permit to be excused.

27.2 Assignment

You may not assign or transfer these Terms or your rights under them without EmptyNet's prior written consent.

EmptyNet may assign or transfer these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or by operation of law.

27.3 Severability

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable where possible.

If modification is not possible, the provision will be severed and the remaining provisions will remain in effect.

The specific severability provisions in Section 24 apply to the arbitration agreement.

27.4 No Waiver

EmptyNet's failure to enforce any provision of these Terms does not waive its right to enforce that provision or another provision later.

A waiver by EmptyNet is effective only if expressly made in writing by an authorized representative.

27.5 Survival

Provisions that by their nature should survive termination of these Terms or deletion of an account will survive, including provisions relating to outstanding payments, taxes, intellectual property, assumption of risk and releases, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and other accrued rights and obligations.

27.6 No Third-Party Beneficiaries

Except as expressly stated in these Terms, these Terms do not create rights enforceable by any third party.

27.7 Headings

Section headings are provided for convenience and do not limit or affect the interpretation of these Terms.

27.8 Electronic Communications

You agree that notices, disclosures, agreements, and other communications provided electronically through the Service or by email may satisfy legal requirements that communications be in writing to the extent permitted by applicable law.

27.9 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly presented for particular features or transactions, constitute the agreement between you and EmptyNet concerning your use of the Service and supersede prior agreements or representations concerning the same subject matter.

28. CONTACT INFORMATION

Questions, notices, or concerns regarding these Terms may be sent to:

EmptyNet Sports, LLC Email: support@emptynet.app