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PRIVACY POLICY

At KC Crew, we take your privacy seriously. This Privacy Policy describes the policies and procedures of Crew Holdings LLC / KC Crew LLC and its affiliates (“KC Crew”, “we”, “our” or “us”) on the collection, use, and disclosure of personal information from those who use or access our Site or application, features, or content that we offer in the United States and Canada (collectively, the “Services”). The Services are hosted and operated in the United States and are subject to United States law. By using the Services, you acknowledge and agree that any Personal Data (as defined below) that you provide to us is being provided to us in the United States and will be hosted on United States servers.

Please read this Privacy Policy to learn how we treat your personal information. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the ways described in this Privacy Policy.

Remember that your use of our Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

If you have a disability that prevents you from accessing this Privacy Policy via our website, please contact privacy@kccrew.com to access this Privacy Policy in an alternative format.

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

SOURCES OF PERSONAL DATA

We collect Personal Data about you from:

  • You: when you provide such information directly to us, or when Personal Data about you is automatically collected in connection with your use of our Services.
  • Our subsidiaries and affiliates (together, “Affiliates”), when they provide us with Personal Data about you.
  • Third parties, when they provide us with Personal Data about you (“Third Parties”). Third Parties that share your Personal Data with us include:
      • Service providers: For example, we may use analytics service providers to analyze how you interact and engage with the Services, or Third Parties may help us provide you with customer support.
      • Advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements, or communications.

CATEGORIES OF PERSONAL DATA THAT WE COLLECT

The following details the categories of Personal Data that we collect and the sources of that data:

  • A. Personal Identifiers (Real name, Postal address, Unique personal identifier, Online identifier, Internet Protocol address, Email address, Account name and password). Source: You / Affiliates / Third Parties
  • B. Customer records identified by state law (Name, Address, Telephone number, Credit card number, Debit card number). Source: You / Affiliates / Third Parties
  • D. Commercial information (Records of products or services purchased, obtained, or considered, Consuming histories and tendencies). Source: You / Affiliates / Third Parties
  • F. Internet or other similar network activity information (Browsing history, Search history, Information on your interaction with our website or advertisements). Source: You / Affiliates / Third Parties
  • G. Geolocation Data (General location as enabled by cookies and IP address). Source: You / Affiliates / Third Parties
  • K. Inferences drawn from other personal information (Profile reflecting personal preferences). Source: You / Affiliates / Third Parties
  • M.2 Account Access (A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account). Source: You
We do not collect or process Sensitive Personal Information for the purpose of inferring characteristics about individuals.

INFORMATION COLLECTED AUTOMATICALLY

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, learn about our user base, and operate and improve our Services.

We use Essential Cookies, Functional Cookies, Performance/Analytical Cookies (such as Google Analytics), and Retargeting/Advertising Cookies. You can decide whether or not to accept Cookies through your internet browser’s settings. Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

HOW WE USE YOUR PERSONAL DATA

We process Personal Data to operate, improve, understand, and personalize our Services. We use Personal Data for the following purposes:

  • To meet or fulfill the reason you provided the information to us.
  • To communicate with you about the Services, including Service announcements, updates, or offers.
  • To provide support and assistance for the Services.
  • To create and manage your Account or other user profiles.
  • To personalize website content and communications based on your preferences, including targeted offers and ads served through the Services.
  • To process transactions and respond to user inquiries.
  • To improve and develop the Services, including testing, research, analysis, and product development.
  • To protect against or deter fraudulent, illegal, or harmful actions and maintain the safety, security, and integrity of our Services.
  • To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
  • Waivers, Surveys, and Aggregated Data: When you complete a waiver, survey, feedback form, or similar document provided by KC Crew, we collect, store, and analyze your responses. You acknowledge and agree that we may use this data for our internal research, product development, benchmarking, marketing, and commercial purposes, including in anonymized and aggregated formats. “Anonymized” means we remove personally identifiable information (PII) before the data is utilized. “Aggregated” means your individual responses are combined with the responses of other users so that you cannot reasonably be identified. KC Crew may publish, share, license, sell, or otherwise commercialize this anonymized and aggregated data. We will never sell, rent, or lease your personally identifiable information to third parties without your explicit, separate consent.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

HOW WE DISCLOSE YOUR PERSONAL DATA (BUSINESS PURPOSES)

We disclose your Personal Data to service providers and other parties for the following business purposes:

    • Auditing related to a current interaction and concurrent transactions.
    • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity.
    • Debugging to identify and repair errors that impair existing intended functionality.
    • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services.
    • Undertaking internal research for technological development.

SALES AND SHARING OF PERSONAL DATA

In this section, we use the terms ‘sell’ and ‘sharing’ as they are defined in applicable U.S. state privacy laws. KC Crew does not sell your Personal Data to third parties for monetary consideration. We may, however, “share” your Personal Data for cross-context behavioral advertising with our advertising partners, subject to your right to opt out of these sales or sharing (see the “Exercising Your Rights” section below for information about how to opt out).

DATA SECURITY AND RETENTION

We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures. For example, all credit card information collected through the Services is encrypted and maintained using industry-standard methods designed to ensure its security against loss or theft, including during transmission to our third-party Payment Processor. Although we work to protect the security of your Account and other data that we hold in our records, please be aware that no method of transmitting data over the Internet or storing data is completely secure.

We retain Personal Data about you for as long as you have an Account with us or as otherwise necessary to provide you with our Services, comply with our legal obligations, resolve disputes, or collect fees owed. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

PERSONAL DATA OF CHILDREN

We do not knowingly collect or solicit Personal Data from individuals under 18 years of age. If we learn that we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us with Personal Data, please contact us at privacy@kccrew.com.

U.S. STATE PRIVACY RIGHTS

Depending on your U.S. state of residence (including, but not limited to, California, Colorado, Connecticut, Nevada, Utah, Virginia, Texas, Florida, and Oregon), you may have specific rights regarding your Personal Data under applicable state privacy laws.

  • ACCESS: You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the categories of Personal Data collected, the sources, the business purposes, and the specific pieces of Personal Data collected.
  • DELETION: You have the right to request that we delete the Personal Data that we have collected about you, subject to certain exceptions (e.g., retaining data to complete a transaction or comply with legal obligations).
  • CORRECTION: If we maintain inaccurate Personal Data about you, you have the right to request that we correct such inaccurate Personal Data.
  • PERSONAL DATA SALES OR SHARING OPT-OUT: You have the right to opt out of the sale or sharing of your Personal Data for targeted or cross-context behavioral advertising. You can exercise this right by clicking “Do Not Sell or Share My Personal Information” on our homepage or, if offered by your browser, enabling a Global Privacy Control opt-out signal.
  • APPEAL: In certain states, you have the right to appeal our decision if we decline to process your request. You may do so by contacting us at privacy@kccrew.com.
  • NON-DISCRIMINATION: We will not discriminate against you for exercising your privacy rights. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights.

EXERCISING YOUR RIGHTS

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it.

You may submit a Valid Request by emailing us at privacy@kccrew.com or calling us at 816-685-8568.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf. We will work to respond to your Valid Request within 45 days of receipt.

CHANGES TO THIS PRIVACY POLICY

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time in connection with any such improvements. We will alert you to any material changes by placing a notice on kccrew.com, or by sending you an email. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

Phone: 816-685-8568 Email: privacy@kccrew.com Address: 1800 Genessee St Suite 326, Kansas City, MO 64102

KC CREW - TERMS OF USE

  1. User’s Acknowledgment and Acceptance of Terms: Crew Holdings LLC / KC Crew LLC (“Us” or “We”) provides the KC Crew Site, mobile applications, and various related services (collectively, the “Site”) to “You,” the “User,” subject to Your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between Us and You.

We have made all reasonable efforts to ensure that all information provided through the Site is accurate at the time of inclusion, however, there may be inadvertent and occasional errors for which We apologize. We accept no liability for any inaccuracies or omissions on the Site and any decisions based on information contained on the Site are the sole responsibility of the visitor.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY CEASE USING THE SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY REGARDING ANY USE OF THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. BY USING THIS SITE, YOU AGREE TO COMPLIANCE WITH THESE TERMS OF USE.

These Terms of Use are effective as of June 26, 2026. We expressly reserve the right to change these Terms of Use from time to time without notice to You. However, any updates to these Terms of Use shall be posted on the Site. You acknowledge and agree that it is Your responsibility to review this Site and these Terms of Use from time to time and to familiarize Yourself with any modifications.

As used in these Terms of Use, references to our “Affiliates” include, without limitation, our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes all parties involved in creating, producing, and/or delivering this Site and/or its contents.

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

  1. Description of Services: We offer various “Services” on this Site including, but not limited to, the organization, management, and operation of adult recreational sports leagues, tournaments, social events, corporate events, and other related activities. You are responsible for providing, at Your own expense, all equipment necessary to use the Services, including a computer, mobile device, and Internet access (including payment of all fees associated with such access). Access to certain Services, leagues, or events may require registration and payment of fees with terms defined in our specific league or event agreements with You.
  2. Registration Data and Privacy: To access the Services, You will be required to create and use an account and password that will be obtained by completing the online registration form, which requires client information and data (“Registration Data”). Registration Data must be maintained and updated periodically by You. You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this information as required in order to keep it current, complete, and accurate.

You grant Us the right to disclose to third parties Registration Data about You. The information We obtain through Your Use of this Site, including Your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  1. Prohibited and Unauthorized Use: You will not use the Services in any way that violates the Terms of Use or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You may not use the Services if you are legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
  2. Modifications to the Service and Prices: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or the Site (or any part thereof) with or without notice to You. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Services. No change or modification to the Site or Services will result in any liability to You or any third party.
  3. Fees: 6.1 League and Event Fees. Fees may be increased if: (i) you exceed roster limits or team sizes, (ii) you upgrade packages or league divisions, (iii) you subscribe to additional features or products, or (iv) otherwise agreed to in your registration. Prices of all Services, including but not limited to league registration fees, are subject to change. 6.2 Payment of Fees. If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable for your registration. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. 6.3 Payment against invoice. If you are paying by invoice (e.g., for corporate events), all amounts invoiced are due and payable within fifteen (15) days from the date of the invoice, unless otherwise specified in your specific agreement. 6.4 Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Services. You will have no liability for any taxes based upon our gross revenues or net income.
  4. Conduct on Site: Your use of the Site is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communications through the Site. By posting information in or otherwise using any communications service, You on or through this Site, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that: a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; b. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; c. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or any other legally protected category under federal or state law; d. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; e. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or f. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Site. We have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of User conduct for our Site, or is otherwise harmful, objectionable, or inaccurate.

  1. Waivers, Surveys, and Aggregated Data: KC Crew requires participants to complete liability waivers, surveys, or feedback forms (collectively, “Forms”) to participate in our events and leagues. By submitting responses to any Form, you agree to the following terms:
  • License Grant: You grant KC Crew a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to (a) collect, retain, and analyze your responses; (b) combine your responses with those of other users; and (c) use the resulting data and insights for any lawful purpose, including product development, marketing, and commercial offerings, provided it is done solely in an anonymized and aggregated format that does not reasonably identify you.
  • Disclaimer of Liability for Results: All data, scores, and resulting recommendations provided by KC Crew are for informational and educational purposes only.
  1. Third Party Sites and Information: This Site may link You to other Sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. We do not control the content of these Sites, they may contain information or material that some people may find inappropriate or offensive. We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Sites.
  2. Intellectual Property Information: Copyright (c) 2026 kccrew.com All Rights Reserved. For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on our Site.

By accepting these Terms of Use, You acknowledge and agree that all content presented to You on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Crew Holdings LLC / KC Crew LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by Us or the specific content provider.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of KC Crew or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants You any right to Use any trademark, service mark, logo, and/or the name of KC Crew or its Affiliates.

  1. Publicity: You grant us the right to add your name and company logo to our customer list and website. You can opt-out of this use by notifying us in writing of your desire to opt out.
  2. Unauthorized Use of Materials: Subject to our Privacy Policy, any communication or material that You transmit to this Site or to Us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
  3. Disclaimer of Warranties: ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Service Uptime Commitment: We will use commercially reasonable efforts to maintain the uptime of our digital Site and registration tools. However, unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems, telecommunications failures, or necessary maintenance, are excluded from liability.
  2. Availability and Force Majeure: Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; severe weather preventing sports activities; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
  3. Limitation of Liability: IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

Simply put, if the Services (including specific leagues or events) are paused, delayed, cancelled, or unavailable to You for any period of time, We will not be liable to you for any Loss of Revenue, Business interruption or other similar claims.

  1. Indemnification: To the fullest extent permitted by applicable state law, You agree to defend, indemnify, and hold Us and our Affiliates, agents, employees, officers, and assigns (without limitation) harmless from all liabilities, claims, and expenses, including attorneys’ fees and costs, that arise from Your Use or misuse of this Site, or your participation in our events and leagues. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
  2. Security and Password: You are solely responsible for maintaining the confidentiality of Your password and account and for any and all statements made and acts or omissions that occur through the use of Your password and account.
  3. Participation in Promotions: From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions are solely between You and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
  4. E-mail, Messaging, and Chat Services: We may make email, messaging, or chat services (collectively, “Communications”) available to Users of our Site. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or as otherwise required by law.
  5. International Use: Although this Site may be accessible worldwide, We make no representation that materials on this Site are appropriate or available for use in locations outside the United States.
  6. Termination of Use: You agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.
  7. Governing Law: This Site is controlled by Us from our offices within Missouri, United States of America. By accessing this Site, Users agree that the statutes and laws of the State of Missouri will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Missouri with respect to such matters.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to bring a claim against KC Crew as a plaintiff or class member in any purported class or representative proceeding.

  1. Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Us must be sent to the attention of Customer Service at info@kccrew.com, if by email, or at Crew Holdings LLC / KC Crew LLC, Attn. Administrator, 1800 Genessee St Suite 326, Kansas City, MO 64102 if by conventional mail.
  2. Entire Agreement: These Terms of Use constitute the entire agreement and understanding between You and Us concerning the subject matter of this agreement and supersedes all prior agreements and understandings.
  3. Miscellaneous: In any action to enforce or arising out of these Terms of Use, the prevailing party will be entitled to its attorneys’ fees and costs. Any cause of action brought by You against Us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.