TERMS AND CONDITIONS OF SERVICE
By using the officiating.com website ("Service"), or any services of Continuous Motion d/b/a BlueZebra Sports ("BlueZebra"), you are agreeing to be bound by the following terms and conditions as the designated site owner for an Account, of the Account Owner Agreement, which describes the policies for using the Service. If you do not agree to any term or condition of service herein, then do not use the Service.
Account Owner Agreement
The following terms and conditions apply to the Account Owner (and it’s Authorized Users) in addition to the User Terms and Conditions.
User Agreement Applicable
- All Terms and Conditions set forth in the User Agreement are applicable to account owners and their Authorized Users and supplement the Term and Conditions of Service applicable to the Account Owner. The User Agreement can be found on our website.
- If there is an inconsistency or disagreement between the User Agreement and this Account Owner Agreement, then the terms and conditions of this Account Owner Agreement apply.
- The Account Owner shall be responsible for all actions of any Authorized User.
- "Account Owner" shall mean the person or entity responsible for the payment of fees and for determining all matters related to an account.
- "Administrative Credentials" means the user identification and password(s) provided or generated by the Account Owner for its use or for the use by its Authorized Users. The Administrative Credentials are used to access certain Services which may not be available to users of the Services.
- "Authorized Users" means those individuals who are authorized by the Account Owner to use Services, from time to time.
- "CPII" means confidential personally identifiable information of Account Owners, Authorized Users and Users which is to be treated as confidential information. CPII is intended to include such items as social security numbers, but does not include information such as names, addresses, contact information, pictures, and other items which are voluntarily disclosed and/or uploaded on the unsecure portions of BlueZebra website(s) by BlueZebra, Account Owners, Authorized Users and/or Users, which website(s) portions BlueZebra, Account Owners, Authorized Users and/or Users knew, or should have known (which includes, but is not limited to, if https:// was not part of the website address and/or they were not required to enter a password), were unsecure or publically-available portions of the website(s).
Account and Fees for Service
- Each officiating.com account must have an Account Owner. The Account Owner is solely responsible for all charges on the account, and must keep their contact and billing information current on the officiating.com website.
- Service fees are charged pursuant to the BlueZebra Online Services Agreement signed by Account Owner. Service fees are not refundable.
- The Account Owner acknowledges that it has or will have independently determined that the Service meets its requirements and that it shall not rely on any representation made, or information provided, by BlueZebra as to the suitability of the Services offered by BlueZebra for any particular purpose.
- The Services may be amended, revised, replaced or terminated, in whole or in part, by BlueZebra, at its sole discretion, at any time and from time to time, without notice. However, any advance payment of Services fees for Services which are completely terminated will be refunded prorata. There is no refund for amended, revised, replaced or partially terminated Services.
- Fees do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same.
- Account Owner agrees that BlueZebra may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due and all reasonable costs of collection, including, but not limited to, court costs and attorneys' fees.
- The Account Owner shall only use the Services in support of their own business and shall not license, sublease or otherwise make the Services available to any third party. Notwithstanding the above, the Account Owner may provide access to and permit Authorized Users to use the Services for such permitted purposes. The Account Owner is required to supervise any use by Authorized Users and is fully responsible for the same, regardless of their age, in such use.
- The Account Owner's responsibility for the Authorized User does not relieve said Authorized User from liability to BlueZebra and/or the Account Owner under the Terms and Conditions of Service.
- The Account Owner is independent from BlueZebra in all manners and is not in partnership with, an employee or agent of, or operating in a joint venture with BlueZebra. All action taken by the Account Owner, or its Authorized Users, is solely on the Account Owner's behalf, separate from BlueZebra. Neither party has the authority, actual, apparent or inferred, to bind the other.
Authorized Users and Administrative Credentials
- The Account Owner shall be responsible for ensuring that all Authorized Users who are provided access to the Services comply with all duties, obligations and restrictions imposed any agreement with BlueZebra and the Terms and Conditions of Service. The Account Owner shall be responsible for and enforce each Authorized User's compliance therewith. If the Account Owner becomes aware of any unauthorized activity by its Authorized User, then the Account Owner is responsible for notifying BlueZebra as soon as possible (but not more than ten (10) days of discovery) which might have been impacted by such unauthorized activity. The Account Owner is responsible for all costs associated with such unauthorized activity, including, but not limited to, the cost of auditing the system and website, the cost of notifying all potentially affected users, the cost of BlueZebra's attorneys fees, the cost of responding to requests for information by law enforcement, damage to BlueZebra's reputation and loss of business.
- Administrative Credentials are assigned when the account is setup by Account Owner. Where BlueZebra offers the Account Owner the ability to choose its own username(s) and password(s) in connection with the Services, BlueZebra will use reasonable efforts to assign such name(s) to the Account Owner upon its request, provided however that the Account Owner may not select, and BlueZebra reserves the right to reject, any name that (i) has already been assigned, (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve name(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where BlueZebra rejects a requested name, we may, in our sole discretion, assign an alternate name or ask the Account Owner to select another name. Administrative Credentials are not the intellectual property of the Account Owner and the Account Owner has no intellectual property or other rights to such names as a result of their use as part of the Administrative Credentials. The Account Owner is responsible for any and all use of the Administrative Credentials and shall comply with all applicable intellectual property rights concerning the same.
- The Account Owner is specifically permitted to provide Administrative Credentials to Authorized Users. The Account Owner is responsible for the use of the Administrative Credentials issued on its behalf.
- The Account Owner acknowledges and agrees that the Account Owner is solely responsible for the issuance of such Administrative Credentials and that BlueZebra will only issue Administrative Credentials to Authorized Users on the Account Owner's instruction and as the Account Owner's limited agent for such purpose.
- The Administrative Credentials provided by BlueZebra to Account Owner and each Authorized User, so that they may access, utilize or otherwise employ the Services, are to be kept secret and confidential. The Account Owner is responsible for keeping such Administrative Credentials confidential.
- The Account Owner is responsible for each and every access, use or employment of the Services that occurs in conjunction with such Administrative Credentials, or portion thereof, and that BlueZebra is authorized to accept the Administrative Credentials as conclusive evidence that the Account Owner, or its Authorized User(s), as the case may be, have accessed, utilized, or otherwise employed the Services, and not an unauthorized third party.
- The Account Owner is solely responsible for the content of any communications by it with third parties (including, Authorized Users), including any communications about, concerning or through the Services.
- The Account Owner is responsible and liable for all uses made by itself or its Authorized Users of the Services or for failure to properly secure, and keep secure, its Administrative Credentials.
- All CPII is deemed confidential information.
- Such CPII should be held as confidential by any Account Owner or its Authorized User(s) and should only be used as intended by the provider of the CPII (i.e., for tax or financial reporting, for payment processing, etc.)
- Account Owner(s) can only access User’s CPII in a manner consistent with and limited by their Services Agreement and these Terms and Conditions.
- Authorized User(s) may only access User’s CPII as authorized by the Account Owner and shall comply with these Terms and Conditions and any additional terms, conditions, and/or limitations as may be instituted by the Account Owner.
- For Account Owner(s) and/or Authorized User(s) who have express permission to access Users’ CPII:
- You acknowledge and agree that Users will provide BlueZebra with CPII for the Tax Reporting Services and/or Payment Processing Services.
- You agree that all CPII used or exchanged by User(s) and Account Owner shall be kept in confidence and not used for any purpose other than in performance of your obligations herein or your financial, tax and/or accounting purposes or as otherwise required by law. You shall not disclose a User’s CPII to any third party except as required for said financial, tax and/or accounting reporting or as required by law. If you download or otherwise use a User’s CPII, then you are responsible for securing such CPII. BlueZebra is not responsible for any User’s CPII that is downloaded or copied from the system by you.
- You shall also take reasonable steps to prevent unauthorized access to User’s CPII downloaded or otherwise used by you, even if such User’s CPII was viewed by a person using your login credentials in an unauthorized manner, unless such use of your login credentials was a direct result of BlueZebra’s error or negligence.
- If you have a breach of any User’s CPII, then you shall be responsible for notifying User and any other regulatory or law enforcement authority with regard to said breach. You are forbidden to access CPII for any User to which it has not or will not immediately be making payments for officiating services.
- CPII shall be treated as confidential information and shall be treated by the party with access to such CPII information with at least the degree of care with which a reasonable person handles his or her similar CPII and in a manner consistent with its published privacy policies, agreements and/or applicable law related to CPII.
- You agree to take reasonable steps to prevent unauthorized access to such CPII, including those security procedures which may be detailed in the Agreement and herein.
- An Account Owner and/or any or all of its Authorized User(s) may be terminated if BlueZebra, in its reasonable opinion with the facts available to it, determines that you have provided BlueZebra with incorrect financial information intended to mislead and/or defraud the IRS or any State Taxing Authority or you have intentionally, or through gross negligence, breached the confidentiality provisions contained herein or in the Account Owner’s Services Agreement. Damages resulting from either or both of these two types of breaches shall not be subject to any limitation of liability provisions due to their seriousness and intentionality or gross negligence of such a breach.
Information Provided by Others
- BlueZebra is not responsible for the accuracy of any information provided to it by any User or the Account Owner(s) and/or any or all of its Authorized User(s).
- The Account Owner is responsible for reviewing and affirming the payment amounts paid to each User prior to submitting payment through the Dwolla system or prior to BlueZebra reporting to the IRS or any State Taxing Authority. BlueZebra can download and process the payment information for payments made through the www.officiating.com payment provider (currently Dwolla) for Forms 1099-MISC, but BlueZebra is not responsible for the accuracy of any modifications made by the Account Owner of that payment amount.
- User information for Payment Processing and/or Tax Reporting Services is for tax reporting only and may not be a substitute for employment verification.
- Account Owner will be required to provide and/or confirm information in a timely manner to facilitate the timely reporting by BlueZebra to the IRS and State Taxing Authorities and BlueZebra will not be responsible for any late reporting to the IRS and/or State Taxing Authorities if such delay is caused by Account Owner and/or User failing to timely provide and/or confirm information for such reporting.
- No User of any BlueZebra service is required to provide CPII to BlueZebra for Payment Processing Services and/or Tax Reporting Services.
- Failure of User to participate in the Payment Processing Services and/or Tax Reporting Services shall prevent BlueZebra from providing those Payment Processing Services and/or Tax Reporting Services to you for said User. In such case, Account Owner may be responsible for obtaining such information and/or Form W-9 directly from said User. The Account Owner may still be able to provide that information to BlueZebra for Form 1099-MISC Tax Reporting Services, but will be responsible for the accuracy of such information provided and providing such information in a timely fashion (by the end of the calendar year) to allow for timely reporting to the IRS and/or State Taxing Authority.
- BlueZebra shall implement policies and procedures, consistent with applicable law and industry practices for like businesses, to protect CPII from unauthorized access by BlueZebra’s principals, employees, contractors, or other parties controlled by BlueZebra or malicious unrelated third parties (e.g., spammers, hackers, malicious viruses, etc.) and other breaches of privacy.
- The Account Owner shall implement policies and procedures, consistent with applicable law and industry standards for like businesses, to protect CPII from unauthorized access by its principals, employees, contractors, Authorized Users or other parties controlled by it or use of any of BlueZebra’s or User’s CPII outside of the financial and tax reporting requirements.
- BlueZebra and/or any Account Owner shall not be responsible to the other for third party providers, except to the extent that said party knew or should have reasonably known of an act or omission of said third party provider and failed to take action and/or notify the other party.
- Account Owner and/or its Authorized User(s) acknowledge that the implementation of policies and procedures, even if followed implicitly, may not prevent all breaches of security. BlueZebra herein shall not be deemed responsible for security breaches which were outside its control if all reasonable measures were taken to prevent such breach.
Termination and Suspension of Services
- BlueZebra may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use any of the Services. Without limiting the foregoing, your use of the Services may be terminated by BlueZebra immediately, without notice, if any of the following events of default occur: (1) if you materially fails to perform or comply with any provision of the Terms and Conditions of Service; (2) if Account Owner fails to strictly comply with the provisions of any agreement with BlueZebra; (3) if Account Owner becomes insolvent or admits in writing its inability to pay its debts as they mature or make an assignment for the benefit of creditors; (4) if a petition under any foreign or U. S. bankruptcy act, receivership statute or the like, as they now exist or as they may be amended, is filed by Account Owner; or (5) if such a petition is filed by any third party or an application for a receiver is made by anyone and such petition or application is not resolved in favor of Account Owner within ninety (90) days.
- Upon termination of the Service, whether by Account Owner or BlueZebra, Account Owner and all of its Authorized Users shall immediately cease and desist all use of the Services for such account and quit using any and all Administrative Credentials listed under such account.
- Account Owner's obligations under the Terms and Conditions of Service will survive the termination or cancellation of the use of Services, regardless of the cause or who terminates or cancels the Service.
Changes to the Account Owner Agreement
- BlueZebra reserves the right to update, amend, add to, delete, and otherwise modify the User Agreement, the Account Owner Agreement, and/or Terms and Conditions of Service from time to time without notice and at its sole discretion. Use of the Service at any time after such modification to said User Agreement, Account Owner Agreement, and/or Terms and Conditions of Service shall constitute your consent to such changes.
- See "Changes to the User Agreement" regarding other terms and conditions which are incorporated herein by reference.
- You agree to be bound to any changes to Terms and Conditions of Service when you use the Services after any such modification is posted. You are advised to check the Terms and Conditions of Service from time to time for any updates or changes that may impact you.
- The Account Owner and any Authorized User must maintain a current email address on the officiating.com website.
- The Account Owner is solely responsible for properly terminating the Service pursuant to the BlueZebra Online Services Agreement between Account Owner and BlueZebra. An email or phone request to terminate the Service, or any other method that is not prescribed in the BlueZebra Online Services Agreement, is not considered termination. Use of Services after written notice of termination by Account Owner shall be considered a revocation of the termination notice and the BlueZebra Online Services Agreement shall remain in effect as if the termination notice was never received.
- All account content may be immediately deleted from the Service upon termination. This information cannot be recovered once the Account is closed.
Last Modified: May 1, 2016