Terms and conditions of the BEYOND NIL Ambassador Program

Date of Last Revision: May 22, 2024

Beyond NIL products and services are provided by Beyond NIL, LLC (hereinafter, “Beyond NIL,” “we,” “us,” or “our”). These terms and conditions of use (“Terms”) govern your use of Beyond NIL’s products and services (collectively, the “Services”). By submitting information through this site (or a third-party site as may be directed by Beyond NIL), you are agreeing to and consenting to be bound by the Terms. If you have any questions about the Terms, please contact us at info@BeyondNIL.com.

I. Using Pickle for Pay’s Services

You may use our Services only if you can form a binding contract with Beyond NIL. No use of the Services is permitted by those under the age of majority in their state or country of residence. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.

II. Intellectual Property

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from the rightful owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, unless otherwise expressly permitted.

III. Submitting an Application to be an Ambassador

Collegiate athletes, college pickleball club members, pickleball venues, and pickleball brands may apply to become a Beyond NIL ambassador. Becoming an ambassador may, but does not necessarily, include being featured on our website, social media channels, and other Beyond NIL distributed content or merchandise. By submitting an application, you consent to us featuring any content included in your application on our website or social media accounts. Beyond NIL does not guarantee that submitting an application will result in any individual or entity receiving an offer to become a Beyond NIL ambassador. Beyond NIL, in its sole discretion, reserves the right to determine who will be offered an opportunity to become a Beyond NIL ambassador.

IV. Relationship Between Ambassador Applicants and Beyond NIL

Any relationship formed as a result of the interactions or contact between an applicant for the Pickle for Pay ambassador program and Beyond NIL is governed by an independent contract, provided to you by Beyond NIL prior to your acceptance as an ambassador. Nothing contained in these Terms creates or establishes an employee-employer relationship between you and Beyond NIL. Moreover, submitting an application to become a Pickle for Pay ambassador does not guarantee that you will receive any compensation or benefits.

V. How we use the Information Contained in your Ambassador Application

By applying to be an ambassador, you are interacting with us in a way that requires Beyond NIL to collect personally-identifying information. Beyond NIL discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Beyond NIL’s behalf or to provide services available at Beyond NIL’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Pickle for Pay’s website, you consent to the transfer of such information to them. By applying to be an ambassador, you consent to receiving marketing communications from us and our partners about products, services, and promotions. You may opt out of marketing communications at any time. Other than to its employees, contractors and affiliated organizations, as described above, Pickle for Pay discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Beyond NIL believes in good faith that disclosure is reasonably necessary to protect the property or rights of Beyond NIL, third parties or the public at large. Beyond NIL takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

VI. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEYOND NIL OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR DIRECTORY; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR DIRECTORY; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF BEYOND NIL CONFIDENTIAL INFORMATION.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BEYOND NIL, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR DIRECTORY, IS LIMITED TO THE AMOUNT OF THE FEE YOU PAID US. PICKLE FOR PAY IS NOT LIABLE FOR ANY DISPUTE BETWEEN A SERVICE PROVIDER AND A CONSUMER, REGARDLESS OF LEAD ORIGINATION.

VII. Indemnification

You agree to defend, indemnify, and hold harmless Beyond NIL, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to your conduct, your violation of these Terms or your violation of the rights of any third party.

VIII. Mandatory Arbitration and Dispute Resolution

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to info@pickleforpay.com. However, if Pickle for Pay is not able to informally resolve your complaint, you and Beyond NIL agree to individual binding arbitration under American Arbitration Association(“AAA”) Arbitration and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final, except for a limited right of review under the FAA. 

Any arbitration must be commenced by filing a demand for arbitration with AAA within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

IX. No Class Actions

You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.

X. Applicable Law

The laws of the State of Louisiana, including its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.

XI. Termination

Notwithstanding any of these Terms, Beyond NIL reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Beyond NIL reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

XII. Entire Agreement

These Terms constitute the entire agreement between you and Beyond NIL with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.

XIII. Waiver, Severability, and Assignment

Beyond NIL failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Pickle for Pay may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.