TERMS AND CONDITIONS OF SERVICE FOR USE OF PAYMENT SERVICES

By using the officiating.com website to facilitate any payments to officials, whether as an official ("User") or as a school, conference, collective of conferences, or other Account Owner that directly contracts with BlueZebra for officiating scheduling services and any other additional services ("Account Owner"), or any tax reporting services of Continuous Motion d/b/a BlueZebra Sports ("BlueZebra") (all services collectively hereinafter known as "Payment Services"), you are agreeing to be bound by the following terms and conditions as such User and/or Account Owner, which describe the policies for using the Payment Services. If you do not agree to any term or condition of service herein, then do not use the Payment Services.

Payment Services Agreement

The following terms and conditions apply to any party utilizing the Payment Services from BlueZebra, in addition to the other Terms and Conditions for the use of any services offered by BlueZebra as detailed in our Terms and Conditions of Service and/or our Account Owner Agreement, as such may be applicable.

Definitions

• "Account Owner" shall mean the person or entity responsible for the payment of fees and for determining all matters related to an account.
• "Authorized Users" means those individuals who are authorized by the Account Owner to use Payment 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 may 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).
• "Dwolla" shall mean Dwolla, Inc., which company is the third party vendor who facilitates payments to Payment Account Owners on BlueZebra’s application.
• "Officiating Services" shall mean officiating services, game evaluators/observers/graders, instant replay technician services, and all other like services from game management personnel conducted by Users.
• "Payment Services" shall mean that application offered by BlueZebra to its Account Owners and Users for payments for Officiating Services.
• "Payment Account Owner" and/or "you" or "your" shall be any party who is utilizing Payment Services with BlueZebra, whether an Account Owner, Authorized User, or User.
• "User" shall mean the official who is to receive payment for officiating services, game evaluators/observers/graders, instant replay technician services, and all other like services from game management personnel.

Applicability

• Each Account Owner, Authorized User, and User using Payment Services is individually subject to the terms and conditions set forth herein.
• Each Account Owner, Authorized User, and User using Payment Services is individually subject to the terms and conditions required to be accepted by any third-party vendor who is facilitating such Payment Services.
• All Account Owner and/or User Agreements, as well as the terms and conditions for both Users and Account Owners are hereby incorporated herein and enforceable to the same extent if such were copied verbatim herein.
• The Account Owner shall be responsible for all actions of any Authorized User.
• No User or Account Owner is required to provide CPII to BlueZebra or Dwolla for Payment Services; however, without such information, you will not be able to utilize any Payment Service offered by BlueZebra or Dwolla.

Dwolla Account for Payment Services

• In order to use the Payment Services (payment functionality of BlueZebra’s application), the Payment Account Owner must open a "Dwolla Platform" account provided by Dwolla and must accept the Dwolla Terms of Service and Privacy Policy.
• Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service.
• Dwolla account notifications will be send to the Payment Account Owner by BlueZebra, not Dwolla.
• The Dwolla account created through the BlueZebra application may only be used on the BlueZebra application and website and not elsewhere.
• The Payment Account Owner may not use an outside Dwolla account or other Payment Services on BlueZebra’s site and/or application.
• BlueZebra will provide customer support for each Payment Account Owner’s Dwolla account activity, and can be reached at www.officiating.com, by email at [email protected], or by phone at 281-825-5515.
• Dwolla Terms of Service link for more information: https://www.dwolla.com/legal/tos
• Dwolla Privacy Policy link for more information: https://www.dwolla.com/legal/privacy

For Account Owners:

• The Account Owner authorizes BlueZebra to share its personal information and account data with Dwolla for the purposes of opening and supporting its Dwolla account.
• The Account Owner is solely responsible for the accuracy and completeness of the data provided by it.
• The Account Owner will access and manage its Dwolla account through BlueZebra’s application.
• By use of the Payment Services, the Account Owner expressly allows BlueZebra’s service provider, Dwolla, to access and originate transfers from the financial institution provided in its BlueZebra and/or Dwolla account.
• The Account Owner is responsible for all actions related to their BlueZebra and/or Dwolla account by its Authorized User(s).

For Users:

• The User authorizes BlueZebra to share his/her personal information and account data with Dwolla for the purposes of opening and supporting his/her Dwolla account.
• The User is solely responsible for the accuracy and completeness of the data provided by him/her.
• The User will access and manage his/her Dwolla account through BlueZebra’s application.
• By use of the Payment Services, the User expressly allows BlueZebra’s service provider, Dwolla, to originate transfers to the financial institution provided in his/her BlueZebra and/or Dwolla account.

Information Provided by You and Others

• BlueZebra is not responsible for the accuracy of any information provided to it by any Payment Account Owner.
• The Payment Account Owner agrees to comply with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, those governing payment services, consumer financial protections, information and data security, and privacy. Use of Payment 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 Payment Services.
• BlueZebra has no obligation to ensure that the funds required to complete a payment will be available. BlueZebra will not be responsible for any NSF or overdraft fees and, if BlueZebra incurs any liability, fees, or expenses due to lack of funds availability, the Payment Account Owner shall immediately reimburse BlueZebra for the same.
• Dwolla may suspend or terminate your Dwolla account in compliance with their terms of service.
• While customer support for the Payment Services is provided by BlueZebra, Dwolla may contact you directly regarding your Dwolla account.
• Any payment may be reversed if: (a) a Payment Account Owner or BlueZebra contacts Dwolla and requests a reversal of the payment; (b) a Payment Account Owner’s or BlueZebra’s financial institution contacts Dwolla and requests reversal of the payment; (c) Dwolla reverses, or Blue Zebra requests Dwolla to reverse and Dwolla reverses, a payment based on its own dispute resolution and/or risk policies; or (d) required by applicable law, including, without limitation, the NACHA Rules. Except for a reversal made in error by Dwolla, the Payment Account Owner is liable for the full amount of any reversal, as applicable.
• You authorize BlueZebra and/or Dwolla to recover any amounts due to Dwolla or BlueZebra by debiting the available balance in your Dwolla account, if any. If the available balance is your Dwolla account is insufficient, you authorize Dwolla and/or BlueZebra to take any to all of the following actions to recover the remaining amount:
  • Debit the financial institution account(s) linked to your Dwolla or BlueZebra account;
  • Request immediate payment from you, and, if payment is not received within thirty calendar days, engage in collection efforts; and/or
  • Pursue any rights or remedies available for failure to pay amounts owed to BlueZebra and/or Dwolla, including, but not limited to, termination of your Dwolla account and/or BlueZebra account for non-payment of any services.
• You are liable for all activity on your account for Payment Services, whether or not authorized by you. If your account for Payment Services incurs any losses based on authorized or erroneous activity initiated by you, or a party pretending to be you, whether through misconduct, negligence, error, or otherwise, you will be liable for such losses. Prohibitions
• You may not use the Payment Services for any fraudulent, unlawful, deceptive, or abusive purposes or in any manner intended to harm an Account Owner, Authorized User, User, BlueZebra, Dwolla, or any third party.
• You may not circumvent BlueZebra’s or Dwolla’s intended limitations for any feature of the Payment Servies.
• You may not use the Payment Services in a manner inconsistent with BlueZebra’s or Dwolla’s terms and conditions or applicable law.
• You may not replicate or resell the Payment Services by offering and/or establishing any third party to access the Payment Services through BlueZebra’s application using your credentials.
• Payment Account Owners may only access the Payment Services for the specific purpose of facilitating payments and/or receiving tax reporting information, depending on which Payments Services you have properly contracted with BlueZebra to provide, whether through BlueZebra or its authorized third-party vendors. You may not utilize any Payment Service or any information available from such Payment Service for any other purpose.
• You may not attempt any of the above.

Changes to the Payment Services Agreement

• BlueZebra reserves the right to update, amend, add to, delete, and otherwise modify the User Agreement, the Account Owner Agreement, the Payment Services Agreement, and/or Terms and Conditions of Service from time to time without notice and at its sole discretion. Use of the Payment Services at any time after such modification to said User Agreement, Account Owner Agreement, Payment Services Agreement and/or Terms and Conditions of Service shall constitute your consent to such changes.
• You agree to be bound to any changes to Terms and Conditions of Service when you use the Payment 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.

Privacy Policy

Except as authorized by the Payment Account Owner in writing or as required by law or in compliance with reasonable requests from law enforcement, we will not reveal the name or company of any subscriber to third parties, except as necessary to facilitate the Payment Services. Our full privacy policy can be found on our website.

Limitation of Liability

In no event will BlueZebra and/or Dwolla be liable to Payment Account Owner or any third party under any circumstances for any indirect, consequential, special, punitive, or exemplary damages or losses, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses incurred in connection with: Payment Services use, or the Payment Account Owner’s use of, inability to use or unavailability of the Payment Services, under any theory of liability or cause of action whether in tort (including negligence), contract, or otherwise, regardless of whether BlueZebra or Dwolla has been advised of the possibility of such damages. In no event will BlueZebra’s or Dwolla’s joint or several liability collectively exceed the fees BlueZebra has received from the Payment Account Owner during the preceding 12 months. This Limitation of Liability section will apply to the fullest extent allowed by law.

Contact Information & Miscellaneous

• The Payment Account Owner must maintain a current email address on the officiating.com website.
• The Payment Account Owner must pay any fee which is charged to BlueZebra as a result of the Payment Account Owner reversing a transaction.
• The Payment Account Owner is solely responsible for properly terminating the Payment Service pursuant to the agreements and/or terms and conditions between BlueZebra and the Payment Account Owner. An email or phone request to terminate the Payment Services, or any other method that is not prescribed by BlueZebra, is not considered termination. Use of Payment Services after written notice of termination by Payment Account Owner shall be considered a revocation of the termination notice Payment Services shall remain in effect as if the termination notice was never received.
• All account content may be immediately deleted from the Payment Service application upon termination. This information cannot be recovered once the Account is closed.

Last Modified: November 9, 2018