Terms and Conditions

VIRTUAL COMBINE, LLC

Terms and Conditions of Use

Effective Date: June 24, 2026 | Version 2.3

Welcome to Virtual Combine, and thank you for accessing our services. The services available on and through this website (the “Services” and the “Site”) are provided by Virtual Combine, LLC (“Virtual Combine,” “we,” “us,” or “our”).

Your use of the Services is governed by these Terms and Conditions of Use (this “Agreement”) and, if applicable, any end-user license agreement or supplemental terms presented to you at the time of account registration, software download, or installation (“EULA”). By using the Services, you agree to be bound by this Agreement, whether you are a visitor who simply browses the Site or a registered user with an account (“Registered User”).

Virtual Combine, LLC may at any time in its sole discretion: (i) modify this Agreement, with such modification effective once posted to the Site; (ii) change the Site, including eliminating or discontinuing any Services or other features; and/or (iii) deny or terminate your use of and/or access to the Site. You agree to be bound by any changes when you use the Services after any modification has been posted. The term “User” refers to any visitor or Registered User unless otherwise specified.

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS — INCLUDING LIMITATIONS AND EXCLUSIONS, A MANDATORY ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER.

ELIGIBILITY

Use of the Services is void where prohibited. By using the Services, you represent that: (a) any registration information you submit is truthful, accurate, and owned by (or licensed to) you; and (b) your use of the Services does not violate any applicable law or regulation. If you are under eighteen (18) years of age, you represent that you are either an emancipated minor or possess legal parental or guardian consent to enter into this Agreement and use the Site and Services. You agree to comply with all applicable laws with respect to your use of the Site and Services.

REGISTRATION

Browsing of the Site’s public pages is free of charge. Access to certain functionalities requires registration and/or the provision of certain information. We reserve the right to decline to provide Services to any person for any or no reason.

When you register as a Registered User, you will create a password. You are responsible for providing correct, current, and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. You are solely responsible for maintaining the confidentiality of your password and account. You agree not to use another User’s account, username, or password, and you agree not to disclose your password to any third party. You agree to notify us immediately if you suspect unauthorized use of your account. You are solely responsible for all activity under your account.

SUBSCRIPTIONS, PAYMENTS, AND REFUNDS

3.1 Subscription and Auto-Renewal

By purchasing a subscription to our Services, you agree that your subscription will automatically renew at the end of your then-current subscription term on the anniversary of your initial purchase date. Subscription terms may vary in length, including without limitation one-year, multi-year, or other durations as offered by Virtual Combine, LLC and selected by you at the time of purchase. The applicable term length, renewal date, and pricing will be disclosed to you during the purchase process. The applicable renewal fee will be charged to the payment method on file unless you cancel your subscription as set forth below. Profile memberships are discounted auto-renewing subscriptions. Renewal notifications are sent through the VC Sports mobile app no less than thirty (30) days prior to your renewal date.

3.2 Cancellation Policy

Renewal notifications are sent and managed through the VC Sports mobile app. If you wish to cancel your subscription and prevent auto-renewal, you must notify us by emailing support@virtualcombine.com before your renewal date, or you may cancel through the “Edit Profile” section of your account. Cancellations requested after the renewal date will apply to the following billing cycle. Except as provided in Section 3.3 below or as otherwise required by applicable law, no refunds will be issued for the current subscription period.

3.3 Three-Day Grace Period

If you contact us within three (3) calendar days following your auto-renewal date to cancel your subscription, you will be eligible for a full refund of the renewal fee charged for that billing cycle, and your subscription will be canceled effective as of the renewal date. This grace period applies to each annual renewal. After the three-day grace period has elapsed, standard cancellation terms apply, and no refund will be issued for the current billing period.

3.4 Payment and Refunds

All subscription fees are non-refundable once charged except as expressly provided in Section 3.3 or as required by applicable law. You are responsible for ensuring your payment method is current and accurate. If a payment attempt fails, we may suspend or terminate your access to the Services until payment is successfully processed. All amounts are payable in U.S. dollars unless otherwise specified.

For multi-year subscriptions, Virtual Combine, LLC may offer installment payment options. The terms of such installment plans, including payment frequency, amounts, and duration, will be disclosed to you at the time of purchase. By selecting an installment payment option, you authorize Virtual Combine, LLC and/or our third-party payment processor to charge your payment method on file according to the agreed installment schedule for the full duration of your subscription term.

By providing your payment method, you authorize Virtual Combine, LLC and/or our third-party payment processor to store your payment method and charge it for applicable fees, taxes, and renewals. Virtual Combine, LLC is not responsible for any error by, or other acts or omissions of, any third-party payment processor.

3.5 Modifications to Subscription Terms

We reserve the right to update subscription pricing and terms at any time. Changes will be communicated to you via email or notice on the Site at least thirty (30) days before taking effect. Your continued use of the Services after such notice constitutes acceptance of the revised terms.

3.6 If Your Organization Leaves Virtual Combine

If your organization no longer subscribes to Virtual Combine, your athlete profile and related data will be transferred to the Virtual Combine organization. Your profile data will remain intact and accessible provided you maintain an active membership through Virtual Combine. You may opt out of continued membership by contacting us at support@virtualcombine.com.

LIMITED LICENSE

Virtual Combine, LLC grants you a limited, revocable, non-exclusive license to access and make personal use of the Site and Services. This license does not include: any resale or commercial use; any derivative use of the Site or its contents; downloading or copying of account information for third parties; or use of data mining, robots, or similar data gathering and extraction tools.

You may copy materials on this Site to your hard drive solely for personal, non-commercial use and may print portions in hard copy for personal retention, provided that you: (i) retain all trademark, copyright, and proprietary notices; (ii) provide attribution to Virtual Combine, LLC; (iii) print materials in their entirety without modification; and (iv) ensure any recipients agree to this Agreement.

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Site or Services. You may not use any network monitoring or discovery software to determine the site architecture, extract information about usage or users, or execute any form of packet sniffing to intercept data not intended for you. You may not use any meta tags or any other hidden text utilizing Virtual Combine’s name or trademarks without express written consent.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will stop immediately and you must, at Virtual Combine, LLC’s option, return or destroy any copies of the materials you have made.

Unauthorized use of the Services is prohibited and terminates any permission granted herein.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray Virtual Combine, LLC or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Virtual Combine logo or other proprietary graphic or trademark as part of the link without express written permission.

If Virtual Combine, LLC makes available a separate End User License Agreement governing use of the Virtual Combine mobile application, such agreement will be published on the Site and incorporated herein by reference upon its publication.

Virtual Combine, LLC may revoke this license at any time if you violate these Terms or for any other reason Virtual Combine, LLC determines in good faith to be necessary or appropriate.

USER CONTENT

5.1 Ownership

Except as provided in the EULA or this Agreement, Virtual Combine, LLC does not claim ownership rights in the text, files, images, photos, video, sounds, musical works, or other materials (collectively, “Content”) that you post or upload to the Site (“User Generated Content”). After posting, you retain all ownership rights in such User Generated Content, except as set forth in this Agreement.

In addition, the Site and/or Services may contain Content, under license to Virtual Combine, LLC from one or more third parties, in which you are featured and/or visible or which includes your name, sobriquet, professional name, image, likenesses, other identifications, and biographical material (“User Featured Content” and together, with User Generated Content, “User Content”).

5.2 License Grant

You hereby grant to Virtual Combine, LLC and its licensees, distributors, agents, representatives, and other authorized users (collectively, “Virtual Combine, LLC Entities”) a perpetual, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable worldwide license to use, reproduce, transmit, display, distribute, modify, create derivative works based upon, and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised, for the purpose of operating, improving, promoting, and providing the Services, including without limitation marketing, analytics, third-party partnerships, and future platform development, without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity (the “Content License”). You appoint Virtual Combine, LLC as your agent with full power to enter into and execute any document and/or do any act Virtual Combine, LLC may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments, and waivers set forth in this Agreement.

Notwithstanding the foregoing, Virtual Combine, LLC will not use User Content belonging to or depicting athletes under the age of 18 for third-party advertising, sale of personal data, or any purpose prohibited by applicable law, including without limitation the Children’s Online Privacy Protection Act (COPPA) and applicable state minor privacy laws.

5.3 Representations and Warranties Regarding User Content

You represent and warrant that:

You own the User Generated Content or otherwise have the legal right to post or transmit it in accordance with this Agreement;
The posting or transmission of User Generated Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity;
You have provided consent to the use of User Featured Content to your school and/or applicable athletic organization from which Virtual Combine, LLC has obtained such content;
To the extent User Content features or includes information relating to a child under the age of 18, you represent and warrant that you are the parent or legal guardian of such child, or have obtained all necessary parental or guardian consent required by applicable law, including without limitation the Children’s Online Privacy Protection Act (COPPA) and applicable state minor privacy laws, to post such content and grant the Content License on such child’s behalf;
You have reviewed and agree to comply with all applicable athletic association rules governing the use, display, and distribution of athlete information and content, including without limitation rules of the NCAA, NAIA, NJCAA, and any other applicable governing authority, and you represent that your use of the Services does not violate any such rules;
You have no agreements with third parties that conflict with or adversely affect the rights granted herein; and
You agree to pay all royalties, fees, and other monies owing to any person by reason of any User Content you post through the Services. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by Virtual Combine, LLC, you agree not to enforce any such rights as to Virtual Combine, LLC or the Virtual Combine, LLC Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights.

5.4 Removal of Content

We reserve the right to remove any User Content in our sole and absolute discretion, including content that is alleged to infringe third-party rights or that otherwise violates this Agreement. We may suspend or terminate a User’s access privileges in the event of repeat infringement.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe your work has been copied and posted on the Services in a way that constitutes copyright infringement, you may submit a DMCA notification to our Copyright Agent by providing:

An electronic or physical signature of the authorized person;
A description of the copyrighted work or rights you claim have been infringed;
A description of where the allegedly infringing material is located on the Site;
Your address, telephone number, and email address;
A statement that you have a good faith belief that the disputed use is unauthorized; and
A statement, made under penalty of perjury, that the above information is accurate.

Our designated Copyright Agent is Doug Lambert, contactable at legal@virtualcombine.com.

If you believe that your User Content that was removed or to which access was disabled is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to law to post and use the material, you may send a counter-notice to the Copyright Agent containing the following information:

Your physical or electronic signature;
Identification of the User Content that has been removed or disabled and the location at which it appeared before it was removed or disabled;
A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Virtual Combine, LLC may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, the removed User Content may be replaced, or access to it restored.

VIRTUAL COMBINE, LLC INTELLECTUAL PROPERTY

The Site and Services, as well as certain Content available therein (together, “Virtual Combine, LLC Intellectual Property”), are protected by copyright, trademark, patent, trade secret, and other intellectual property laws in the United States and other countries. Virtual Combine, LLC owns and retains all such rights. Virtual Combine, Virtual Combine, LLC, and the Virtual Combine logo are trademarks of Virtual Combine, LLC, protected under U.S. and international law. All rights not expressly granted in this Agreement are reserved by Virtual Combine, LLC.

ACCEPTABLE USE AND USER CONDUCT

By accessing the Site and Services, you agree not to take any action that:

Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person or group, or exploits people in a sexual or violent manner;
Contains or links to content that is obscene, defamatory, or otherwise unlawful;
Solicits personal information from minors; provides any User’s telephone numbers, street addresses, last names, URLs, or email addresses; or involves the transmission of junk mail, chain letters, unsolicited mass mailings, phishing, spimming, or spamming; or contains restricted, password-only, or hidden pages or images not linked to or from another accessible page;
Promotes false or misleading information, illegal activities, or unauthorized copies of copyrighted works;
Involves commercial activities, contests, sweepstakes, or pyramid schemes without our prior written consent;
Infringes on Virtual Combine, LLC’s or any third party’s intellectual property or privacy rights;
Distributes viruses, worms, or other harmful files or code;
Interferes with or disrupts Services or equipment, or places an excessive load on our infrastructure;
Executes network monitoring or packet sniffing to intercept data not intended for you.
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any submission; or
Frames or mirrors any part of the Site without our prior written authorization.

Further, you agree not to use the Services or the Site to participate in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties.

You agree not to use any robot, spider, or other automatic device, or manual process, to monitor or copy our Site or its content without our prior written permission.

You agree not to attempt to impersonate another User or individual. You acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Virtual Combine, LLC reserves the right to reject, remove, restrict, suspend, or terminate your access at any time for any reason Virtual Combine, LLC determines in good faith to be necessary or appropriate, with or without notice, and without liability. Virtual Combine, LLC reserves the right to restrict the number of emails or messages that a User may send to other Users.

To report misuse, contact legal@virtualcombine.com.

SUSPENSION AND TERMINATION

Virtual Combine, LLC may suspend, restrict, or terminate your account or access to the Services at any time, with or without notice, for any reason Virtual Combine, LLC determines in good faith to be necessary or appropriate, including without limitation:

Violation of any provision of this Agreement;
Misuse of the Services or conduct harmful to other Users or the platform;
Non-payment of applicable fees;
Security concerns or suspected unauthorized account activity;
Legal compliance obligations or response to a valid legal process; or
Protection of the platform, its users, or Virtual Combine, LLC’s rights or reputation.

Termination or suspension of your account shall not affect any right or relief to which Virtual Combine, LLC may be entitled at law or in equity. Upon termination, all rights granted to you under this Agreement will automatically terminate and revert to Virtual Combine, LLC. All provisions of this Agreement that by their nature should survive termination — including without limitation ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution — shall survive.

DATA RETENTION AND ACCOUNT CLOSURE

Upon closure or termination of your account, Virtual Combine, LLC may retain certain information as required by law, for legitimate business purposes, for dispute resolution, for enforcement of this Agreement, for backup and archival procedures, or for system integrity. Virtual Combine, LLC’s retention and use of such information following account closure is governed by our Privacy Policy.

Virtual Combine, LLC is not responsible for any User Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your content regularly and frequently. Removal of your account does not guarantee immediate deletion of all associated data from backup systems or archival storage.

AUTOMATED SYSTEMS AND ARTIFICIAL INTELLIGENCE

Virtual Combine, LLC may use automated systems, analytics tools, machine learning, and artificial intelligence technologies to operate, improve, secure, personalize, and enhance the Services — including for purposes such as athlete profile analysis, recruiting match recommendations, content moderation, and platform performance. Such use will be governed by our Privacy Policy and applicable law.

Virtual Combine, LLC does not guarantee the accuracy, completeness, or fitness for any particular purpose of any output generated by automated or AI-assisted systems. You agree not to rely solely on such outputs for material decisions without independent verification.

PRIVACY

You agree to the terms of the Virtual Combine, LLC Privacy Policy, as it may be updated from time to time, a copy of which is posted on the Site. By accessing the Site, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

LINKS TO OTHER SITES

The Site contains links to websites not operated or maintained by Virtual Combine, LLC. These links are provided solely as a convenience and do not constitute an endorsement by Virtual Combine, LLC. We are not responsible for the content or accuracy of third-party websites. If you access linked third-party websites, you do so at your own risk and waive any claims against Virtual Combine, LLC regarding such links or your use of those websites.

DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES: VIRTUAL COMBINE, LLC DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL COMBINE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUAL COMBINE, LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR ANY AI-GENERATED OR AUTOMATED OUTPUT.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER VIRTUAL COMBINE, LLC NOR THE VIRTUAL COMBINE, LLC ENTITIES, NOR THEIR DIRECTORS, EMPLOYEES, LICENSORS, AFFILIATES, OR OTHER REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER — INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES — ARISING FROM THE USE OF THE SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIRTUAL COMBINE, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES — REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY — SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO VIRTUAL COMBINE, LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS TO VIRTUAL COMBINE, LLC DURING SUCH PERIOD, VIRTUAL COMBINE, LLC’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). NOTWITHSTANDING THE FOREGOING, THE LIABILITY CAP IN THIS SECTION SHALL NOT APPLY TO: (I) DAMAGES ARISING FROM VIRTUAL COMBINE, LLC’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (II) VIRTUAL COMBINE, LLC’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15; OR (III) LIABILITY ARISING FROM A DATA BREACH INVOLVING PERSONAL INFORMATION OF MINORS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

EXCLUSIVE REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the above limitations may not apply to you to the extent prohibited or superseded by applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Virtual Combine, LLC, the Virtual Combine, LLC Entities, and their subsidiaries, affiliates, officers, agents, partners, and employees from any loss, liability, claim, demand, or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Site or Services in violation of this Agreement; (b) any breach of this Agreement or your representations and warranties; or (c) any User Content posted by you that causes Virtual Combine, LLC to be liable to another party.

MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

YOU AND VIRTUAL COMBINE, LLC EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR ANY MARKETING, ADVERTISING, STATEMENTS, OR REPRESENTATIONS RELATING TO THE SITE OR SERVICES — IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE — WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THIS SECTION 16, RATHER THAN IN COURT. YOU AND VIRTUAL COMBINE, LLC AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THESE PROVISIONS, EITHER PARTY RETAINS THE RIGHT TO SEEK RESOLUTION OF DISPUTES IN SMALL CLAIMS COURT.

16.1 Exceptions

The arbitration agreement and class action waiver in this Section 16 are subject to the following limited exceptions:

Either party may assert claims in small claims court if such claims qualify (so long as the matter remains in such court and advances on an individual, non-class, non-representative basis).
If the arbitration agreement is held unenforceable for any reason, any legal action shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in Travis County. The parties waive all objections to jurisdiction and venue in such courts.

16.2 Informal Dispute Resolution

Before commencing arbitration or asserting a claim in small claims court, the parties will engage in informal dispute resolution. The Claimant must give written notice to the Respondent — to notify Virtual Combine, LLC, email legal@virtualcombine.com with your name, contact information, a brief description of your claim, and the relief sought. The parties will then meet and confer via teleconference or videoconference within sixty (60) days in a good-faith effort to resolve the dispute. All communications during this process are confidential and not admissible in any subsequent proceeding. Neither party may initiate arbitration without first completing this process. Applicable statutes of limitations are tolled during the informal resolution period.

16.3 Governing Law for Arbitration

The arbitration agreement in this Section 16 is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) in all respects. State arbitration laws do not govern. The arbitrator will decide all claims in accordance with the laws of the State of Texas.

16.4 Arbitration Rules and Proceedings

Any arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org or 1-800-778-7879. A single neutral arbitrator will be selected per the Rules. The arbitrator may award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief, subject to the limitations set forth in this Agreement. In the event of a claim seeking equitable relief, including injunctive relief, the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings related to the appropriate relief. The arbitration will be held in Travis County, Texas, unless the parties mutually agree in writing to an alternative location. Claims under $10,000 will be decided on submitted documents unless the arbitrator determines a hearing is necessary. Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it — including documents prepared or produced in connection with the proceeding, the hearing, and the arbitration award — will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. If AAA is unable to conduct the arbitration for any reason, the parties will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider’s applicable rules. In such case, all references to AAA and its rules in this Agreement shall be construed as references to the alternative provider and its applicable rules.

16.5 Fees and Costs

If you commence arbitration, you will be required to pay AAA’s then-current filing fees. All other fees are governed by the AAA Rules. Each party is responsible for its own attorneys’ fees, except where a statute entitles you to fee recovery if you prevail, in which case the arbitrator may award such fees accordingly. You agree that AAA and any other arbitration provider selected pursuant to this Section 16 has discretion to modify the amount or timing of any fees due under applicable rules or fee schedules, and you further agree not to oppose any such modifications.

16.6 Commencement of Arbitration

A party who has complied with the informal dispute resolution provisions of Section 16.2 and wishes to commence arbitration must complete the form for initiating arbitration proceedings available at www.adr.org and file it with AAA in accordance with its rules. The party initiating arbitration must also provide a copy of the completed form to the opposing party. You may send Virtual Combine, LLC a copy to: legal@virtualcombine.com.

16.7 Arbitrator Authority

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable; however, in the event of a dispute about which particular version of this Agreement you agreed to, a federal or state court located in Travis County, Texas will decide that specific question. The arbitrator’s award shall be final and binding. This arbitration agreement is intended to be broadly interpreted and will survive termination of this Agreement.

GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the State of Texas, USA, without reference to conflict-of-law principles and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods. To the extent any dispute is not subject to arbitration under Section 16, venue lies exclusively in the District Courts of the State of Texas in Travis County or the Federal District Court of the District of Texas, and each party consents to personal jurisdiction in such courts. Virtual Combine, LLC retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

ATHLETIC GOVERNING AUTHORITY RULES

Virtual Combine, LLC is in no way affiliated with or sponsored by the National Collegiate Athletic Association (NCAA), the National Association of Intercollegiate Athletics (NAIA), the National Junior College Athletic Association (NJCAA), or any other athletic governing body, conference, or association.

You are responsible for knowing and complying with the rules, regulations, and bylaws of all applicable athletic governing bodies, including without limitation the NCAA, NAIA, NJCAA, state athletic associations, conferences, and any other organization that governs or regulates your athletic participation or eligibility (collectively, “Governing Authority Rules”). Virtual Combine, LLC is not responsible if you do not abide by Governing Authority Rules in connection with your use of the Services.

If you act in violation of Governing Authority Rules, Virtual Combine, LLC may take reasonable steps in response, including termination of your access and/or reporting such conduct to the applicable governing authority or other appropriate entity. Virtual Combine, LLC does not knowingly promote any violations of Governing Authority Rules.

ELECTRONIC COMMUNICATIONS

By visiting the Site or sending communications to Virtual Combine, LLC, you consent to receive communications from us electronically. Virtual Combine, LLC will communicate with you by email, by posting notices on the Site, or through in-app notifications via the VC Sports mobile application. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide on the Site will be deemed non-confidential, and Virtual Combine, LLC will be free to use such feedback on an unrestricted basis.

MISCELLANEOUS

20.1 Severability

Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause, and each will remain in full force and effect.

20.2 No Waiver

Virtual Combine, LLC’s failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision.

20.3 Assignment

Virtual Combine, LLC may assign, transfer, or delegate this Agreement or any right, obligation, or remedy in its sole discretion. You may not assign, transfer, or delegate this Agreement or any right or obligation without Virtual Combine, LLC’s prior written consent.

20.4 Entire Agreement

This Agreement, together with the Privacy Policy, the EULA (where applicable), and any other agreement between you and Virtual Combine, LLC, constitutes the sole and entire agreement between the parties regarding the Site and Services and supersedes all prior understandings, agreements, representations, and warranties.

20.5 Export Controls

By accessing the Site, you represent and warrant that you are not located in a country subject to a U.S. government embargo. You agree to comply with all applicable export and import control laws and regulations.

20.6 Reservation of Rights

Virtual Combine, LLC reserves all rights not expressly granted in this Agreement. No license or right is granted by implication, estoppel, or otherwise except as expressly set forth herein.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

CONTACT INFORMATION

For questions regarding this Agreement or the Services:

Virtual Combine, LLC

General Support: support@virtualcombine.com

Legal Notices: legal@virtualcombine.com