Membership terms & conditions
Below are the terms and conditions of your PAC membership. PAC may update these terms and conditions from time to time and will make such updates available to you on this webpage. By accepting and by continuing your membership in PAC, you accept and agree to be bound by the below terms and conditions, including all updates when made available to you here on this webpage. Please check here regularly for such updates. You may cancel your PAC membership at any time upon notice to PAC as set forth in Section 6 below.
- Membership. PAC provides education, mentorship, and community to empower current and former professional athletes to pursue investments and business and professional opportunities to its members. PAC’s primary goal when enrolling members is to continue building a community that furthers PAC’s mission. You were automatically enrolled in PAC either: (a) after successfully completing a business combine or (b) by invitation, which may have included your execution of a separate written membership agreement.
- Membership Term. Your membership begins/began either after you successfully completed a business combine or when you accepted PAC’s membership invitation. Your membership ends on December 31st of the calendar year in which became/become a member (“Membership Initial Term”). Your membership automatically renews for successive one-year periods (each, a “Membership Renewal Term”) unless you or PAC terminates your membership in accordance with Section 6 below. This means that the next membership term will always start on January 1st of the following year unless you or PAC terminate your membership.
- Membership Fee. PAC may charge you an annual or other fee (a “Membership Fee”) for your membership in PAC. However, there is no annual or other fee for your membership in PAC for the Membership Initial Term. There will be no Membership Fee for any Membership Renewal Term unless: (a) PAC notifies you of the cost of your Membership Fee no less than thirty (30) days prior to a Membership Renewal Term; and (b) you agree to pay such Membership Fee to remain a PAC member in the Membership Renewal Term. PAC will never charge you a Membership Fee without your prior express consent.
- Membership Benefits. PAC will offer its members access to PAC member-specific events, benefits, and other opportunities, including as those are cultivated, modified, or otherwise developed over time. Please see the Membership Benefits page for a current listing of these opportunities.
- Communications & Privacy. PAC will use your personal information to contact you about certain PAC programs and/or benefits about which PAC believes you may be interested. PAC will not sell or otherwise disclose your personal information to any third party except upon receiving your prior consent.
- Termination of Membership. (a) You may terminate your membership in PAC at any time and for any reason upon written notice to PAC, which you may deliver by email to info@proathletecommunity.com. (b) PAC may terminate your membership: (i) at any time and for any reason upon thirty (30) days’ notice prior to the commencement of any Membership Renewal Term; or (ii) immediately upon notice for your failure to conduct yourself professionally or for engaging in disruptive behavior while participating in any PAC event or otherwise while engaging with a PAC benefit or other PAC-delivered opportunity, or for your violation any PAC code of conduct or other rules or requirements made available to you, including on PAC’s website.
- Other Terms.
- Choice of Law/Choice of Venue. (i) Any claim or dispute arising out of or relating to your membership in PAC shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. (ii) You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware. (iii) YOU AGREE THAT YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF YOUR MEMBERSHIP IN PAC OR ANY BENEFIT PROVIDED TO YOU AS A PAC MEMBER. To the fullest extent permitted by law, you hereby waive any right you have or may have to participate in a class action or other proceeding against PAC whereby more than one plaintiff participates in the same action.
- Disclaimer of Liability. Member acknowledges that PAC will offer education, guidance, and access to various goods and services through third party providers (“Providers”). PAC, along with its owners, agents, affiliates, officers, directors, and employees (collectively, the “PAC Parties”) is not affiliated with these Providers. The PAC Parties do not make any express or implied warranty, including warranties of merchantability or fitness for any particular purpose with respect to the products and services offered by Providers, and expressly disclaim all such warranties. Member agrees that the PAC Parties do not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any Provider information, product or service. Member hereby releases and discharges the PAC Parties from all claims, demands, or causes of action resulting from Member’s use of or participation in any opportunity or benefit PAC makes available to you, including through its Providers.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PAC PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR MEMBERSHIP IN PAC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAC AND/OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
- Survival. All terms set forth in this Section 7 shall survive termination of Member’s membership in PAC for any reason.
- Conflicts. If you became a member of PAC by signing a separate written membership agreement, you agreed in that agreement that PAC may update or otherwise modify the terms and conditions of your membership that were contained in that separate written membership agreement by making such updates available on PAC’s website. This “Membership Terms & Conditions” is the webpage where all such updates and/or other modifications as referenced in that separate written agreement shall be made. You agree that to the extent that any terms or conditions set forth in this “Membership Terms & Conditions” webpage (including as may updated or modified from time to time) and your separate written agreement conflict, the terms set forth on this “Membership Terms & Conditions” webpage shall govern.
- Separate Agreements. Your Enrollment Agreement, Release and License Agreement, Acknowledgment of No Financial/Legal Advice and Waiver, and any other agreement(s)or legal documents you may have executed in addition to a written membership agreement (collectively, the “Separate Agreements”) are separate and apart from your written membership agreement and from these “Membership Terms & Conditions”. Any changes to the terms and conditions governing your membership in PAC shall not serve or be deemed to modify or affect the validity of the Separate Agreements in any way in whole or in part. The only way to modify the Separate Agreements is by separate, written agreement executed by all parties thereto.