Terms & Conditions

Last Updated: [September, 12, 2025]

Welcome to the Borinquen Volleyball Academy (“BVA,” “we,” “us,” or “our”) website located at Borinquen Volleyball Academy (the “Site”). These Terms & Conditions (the “Terms”) govern your access to and use of the Site and any related services, forms, content, features, or applications we make available through the Site (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Arbitration & Class Action Waiver Notice: Section 18 contains a binding arbitration agreement and class action/jury trial waiver.

1. Eligibility

You may use the Services only in compliance with applicable local, state, and federal laws and regulations. The Services are not intended for children under 13 without verifiable parental consent. We may suspend or terminate access for any violation of these Terms or our Privacy Policy.

2. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information. By using the Services, you consent to processing of your information as described there.

3. Children’s Privacy

We comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 without verifiable parental consent. Parents/guardians who believe a child provided personal information without consent should contact us at borinquenvolleyballacad@gmail.com.

4. Accounts & Registration

Some features may require an account. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized access or security incident.

5. Limited License to Use the Services

Subject to these Terms, BVA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, noncommercial use. We may modify, suspend, or discontinue any part of the Services at any time.

6. Acceptable Use

You agree not to:

  • Post or transmit spam, malware, or harmful code;

  • Scrape, crawl, or use automated means to access the Site without our prior written consent;

  • Interfere with security or proper operation of the Services;

  • Misrepresent your identity or affiliation;

  • Infringe intellectual property, privacy, or other rights;

  • Post content that is defamatory, obscene, harassing, hateful, or unlawful;

  • Violate any applicable law or regulation.

We may monitor, remove, or restrict content or access in our discretion.

7. User Content & License

If you post, upload, or submit content (e.g., profiles, comments, photos, videos, testimonials) (“User Content”), you retain ownership of your User Content. You grant BVA a worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content in connection with operating, improving, and promoting BVA and the Services, consistent with your settings and our Privacy Policy.
You represent you have all rights necessary to grant this license and that your User Content does not violate laws or third-party rights.

8. Media Release (Website & Social)

By participating in BVA programs or events and/or submitting media to us, you authorize BVA to use athletes’ names, images, likenesses, and voices in BVA materials (e.g., website, social media, promotional content), unless you provide written notice opting out to borinquenvolleyballacad@gmail.com.

9. BVA Intellectual Property

All content and materials on the Services (including text, graphics, logos, images, videos, software, and design) are owned by or licensed to BVA and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from the Services or content.

10. Third-Party Links & Services

The Services may link to third-party websites or services (e.g., payment processors, registration platforms, social media). We do not control and are not responsible for third-party sites, content, or practices. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

11. Programs, Events, and Scheduling

Program details, schedules, locations, and availability are subject to change. We may cancel or reschedule practices or events due to facilities, weather, safety considerations, or other circumstances. Participation requirements, team placement, and playing time are at BVA’s discretion.

12. Fees, Payments & Refunds

Program fees and payment schedules will be stated at registration or checkout. Unless otherwise specified in writing:

  • Fees are due by posted deadlines; late or missing payments may result in suspension from activities.

  • Fees are generally non-refundable once a program begins (including for late registration or missed sessions), except as required by law or expressly stated by BVA for a specific program.

  • Where applicable, transactions may be processed by third-party payment providers; those providers’ terms apply.

13. Mobile Access & Communications

If you access BVA content via mobile applications or receive SMS/push notifications, your carrier’s data and messaging rates may apply. You may adjust notification preferences in your device or account settings where available.

14. Safety & Assumption of Risk

Athletics involve inherent risks. By participating in BVA activities, you acknowledge and assume the risks of injury and agree to follow all safety rules and instructions. You are responsible for obtaining and maintaining appropriate medical insurance coverage.

15. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, BVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL BE ACCURATE OR CURRENT.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BVA AND ITS DIRECTORS, OFFICERS, STAFF, COACHES, VOLUNTEERS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PARTICIPATION IN BVA PROGRAMS.
IN ANY EVENT, BVA’S TOTAL LIABILITY SHALL NOT EXCEED $25 OR THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICE OR PROGRAM GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME LIMITS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless BVA and its directors, officers, staff, coaches, volunteers, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) participation in BVA activities.

18. Governing Law; Arbitration; Class Action/Jury Waiver

These Terms are governed by the laws of the State of Maryland, without regard to conflict of laws rules.
Arbitration. Except for claims seeking injunctive relief for intellectual property or data security, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration conducted by a reputable arbitration provider in Maryland (or via remote/telephonic proceedings), applying applicable rules. The arbitrator may award individual relief available in court.
Class/Jury Waiver. Disputes must be brought in your and BVA’s individual capacities only, not as a class or representative action. You and BVA waive the right to a jury trial. If a court determines the class waiver is unenforceable, this arbitration section is void as to that claim.

19. Changes to the Services or Terms

We may update the Services and these Terms from time to time. We will post changes to this page and update the “Last Updated” date. Your continued use after changes constitutes acceptance. If you disagree with changes, stop using the Services.

20. Suspension/Termination

We may suspend or terminate your access at any time for any reason, including violation of these Terms. Sections that by their nature should survive (e.g., IP, Disclaimers, Limitation of Liability, Indemnification, Governing Law/Arbitration) will survive termination.

21. Entire Agreement; Severability; No Waiver

These Terms and any policies referenced (including the Privacy Policy) constitute the entire agreement between you and BVA regarding the Services. If any provision is found unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver.

22. Contact Us

Questions about these Terms? Contact:
Borinquen Volleyball Academy (BVA)
Email: borinquenvolleyballacad@gmail.com
Phone: 301-456-9350