Website Terms of Use

Last Updated: February 13, 2026

1. Overview

These Terms of Use are entered into by and between you and Westfield State University Athletics (“we”, “us”, or “our”). It applies to and governs your use of the site(s) linked to these Terms of Use (the “Site”). Please read the Terms of Use carefully before you start to use the Site. If you do not want to agree to these Terms of Use, you must not access or use the Site. The Site is intended for users who are 18 years of age or older. THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY. SEE SECTIONS 11, 12 AND 14.

2. Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. You are responsible for making all arrangements necessary for you to have access to the Site, and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

3. Use of the Site and Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our company name and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You may use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
you may store files that are automatically cached by your Web browser for display enhancement purposes
you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
if we provide social media features with certain content, you may take such actions as are enabled by such features. You must not modify copies of any materials from the Site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

4. Prohibited Uses

You agree not to:

Use this Site other than as permitted in these Terms of Use.
Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Use the Site to impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity.
Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via any means, including, without limitation, via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

5. Monitoring and Enforcement; Termination

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and terminate or suspend your access to all or part of the Site for any reason, including any violation of these Terms of Use. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE PARTIES LISTED ABOVE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

6. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion nor does their presence on the Site constitute any endorsement by us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7. Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

8. Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy.

9. Third-Party Links and Offerings

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Geographic Restrictions

The Site is intended only for individuals who reside in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Disclaimer of Warranties

THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS, VENDORS, SERVICE PROVIDERS, including, without limitation, PrestoSports, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OR THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE NOR OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS, VENDORS, SERVICE PROVIDERS, including, without limitation, PrestoSports, WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE AND OUR VENDORS, SERVICE PROVIDERS AND OTHER PARTIES ASSOCIATED WITH US HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE.

NOTHING IN THESE TERMS OF USE AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS, VENDORS, SERVICE PROVIDERS, including, without limitation, PrestoSports, AND OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective licensors, vendors, and service providers, including, without limitation, PrestoSports, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

14. Dispute Resolution; Binding Arbitration

Any controversy or claim arising out of or relating to a transaction in which you affirmatively signed up for an account on the Site or signed up for a mailing list or promotion (collectively, “Transaction”) shall be settled by individual arbitration (without class action) administered by the American Arbitration Association or an arbitration forum mutually acceptable by you and us. For the avoidance of doubt, this arbitration provision does not apply to any action taken by us to enforce our intellectual property rights or to seek injunctive relief. The arbitration clause does not apply to website visitors that did not otherwise complete a Transaction. This arbitration clause shall inure to the benefit of our service providers, vendors, contractors, or assignees. Arbitration proceedings are confidential, unless all parties agree otherwise in writing. You hereby waive any right to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity. Claims for public injunctive relief shall be heard in a court of competent jurisdiction and not in arbitration.

Informal Dispute Resolution: If a dispute arises between you and us with respect to Transactions, both parties agree that they will first, as a prerequisite to any litigation or arbitration, make a good faith effort to resolve the dispute informally for 60 days after the responding party’s receipt of a written description of the dispute from the claimant party. The written description must be on an individual basis and provide your name, a description of the nature and basis of the claim, and the specific relief sought. Any relevant limitations period, filing fees, or other deadlines will be tolled during the 60 days. This provision applies to all participants in a Transaction.

Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of, or related in any way to Transactions shall be subject to binding arbitration pursuant to the Federal Arbitration Act. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6. This Arbitration Agreement applies to, without limitation, (1) all issues concerning the Transaction in connection with which this Arbitration Agreement has been executed; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; constitution, common law, or statute; (3) any issue as to whether any such claims, controversies, or disputes related to or arising out of the Transaction are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions (collectively, (1)-(4) are referred to as “Claims”). This means that all Claims that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT HAVE JURISDICTION TO ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.

Consent to Arbitration; Scope: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes. You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration. In arbitration, you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:

WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;

WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Opt-Out Right: You may elect to opt out of this Arbitration Agreement by sending or delivering written notice to the address below and advising that you wish to opt out of this Arbitration Agreement. This written notice must be received by us by the end of the 30th calendar day after you agree to this Arbitration Agreement as part of the Transaction.

Procedure for Arbitration: Arbitration may be heard, at the claimant’s election, by:

The American Arbitration Association: https://www.adr.org – (877) 495-4185– casefiling@adr.org

or, any other arbitration forum as you and we may agree.

You may initiate an arbitration by contacting the arbitration forum of your choice at the contact points provided above. If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.

The arbitration shall be conducted by a single neutral, qualified and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law. The arbitration shall take place in a location determined by the arbitrator in the federal district of your residence.

If you file for arbitration under this Arbitration Agreement, the only fee you may be required to pay is the individual filing fee (which as of the date of these Terms of Use is $225), which is approximately equivalent to current court filing fees. We will bear all other arbitration fees, except for your attorneys’ fees and costs. If we file for arbitration under this Arbitration Agreement, we will be required to pay all fees associated with the arbitration, except for your attorneys’ fees and costs. However, if circumstances relating to the dispute (including, among other things, the size and nature of the dispute, the nature of the services that we have provided you, and your ability to pay) it would be unfair or burdensome for you to pay the arbitration filing fees, we will advance the initial filing, administration, and hearing fees required by the arbitrator, who will ultimately decide who will be responsible for paying those amounts.

You can participate in arbitration without representation. However, if you choose to be represented, you may only be represented by a licensed attorney. Because arbitration is a final, legally binding process that may impact your legal rights, you may want to consider consulting an attorney. Each party, you and we, shall bear our own costs and expenses, including attorneys’ fees, which we incur with respect to the arbitration.

In addition to the requirements set forth in the arbitration forum’s rules, you agree that upon initiating an arbitration, you will provide us with your name, Transaction date, mailing address, telephone number, email address, a factual description of every disputed Transaction for which you seek compensation (date, amount, and transaction type) and/or event (date, location, and individuals involved), explanation of the basis of your Claim, and itemized calculation of all alleged damages, and, if represented by counsel, a signed statement authorizing us to share information regarding your Transaction and the Claim with them. You agree and understand that failure to provide this information re-result in dismissal of your Claim, though you have the right to refile once you provide the information described in the previous sentence.

Interpretation of this Arbitration Agreement: Any dispute as to the arbitrability of a claim shall be decided by the arbitrator. Any dispute as to the validity of the portion of this Arbitration Agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this Arbitration Agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.

Awards: The arbitrator shall issue the award in accordance with the rules of the arbitration forum. Unless you and we agree otherwise, the award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents. Subject to the jurisdictional limitations set forth in Section 1 of this Arbitration Agreement, the arbitrator may grant any remedy, relief or outcome that you or we parties could have received in court. Errors of law or legal reasoning by the Arbitrator shall exceed the Arbitrator’s jurisdiction, and the arbitrator shall not have the power to commit errors of law or legal reasoning. Any award based on errors of law or legal reasoning shall not be confirmed by a court of competent jurisdiction, and shall be reviewable, vacated, corrected, or remanded to the Arbitration forum on application to a court of competent jurisdiction regarding any such error.

Enforcement of Award: Subject to Section 6 of this Arbitration Agreement, the award of the arbitrator shall be binding and final after thirty (30) days have passed, and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.

Appeal Procedure: As an alternative to seeking relief under Section 6 of this Arbitration Agreement, within thirty (30) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. Excepting for errors of law or legal reasoning, the decision of the panel of three neutral arbitrators will be immediately binding and final.

Small Claims Court: Notwithstanding any other provision of this Arbitration Agreement, either you or we shall retain the right to seek adjudication for any Claims in small claims court of any matter within its jurisdiction. Any matter not within the small claims court’s jurisdiction shall be resolved by arbitration as provided above. Any appeal from a small claims court judgment shall be conducted, at the appellant’s option, either (a) in accordance with the provisions applicable state law, or (b) in accordance with Section 8 of this Arbitration Agreement.

15. Governing Law & Venue

This Section 15 applies to any claims, disputes or controversies not subject to the terms of the Dispute Resolution provision (Section 14). Such claims, disputes or controversies shall be governed by and construed in accordance with the laws of the State/Commonwealth without giving effect to any choice or conflict of law provision or rule. Such claims, disputes or controversies shall be instituted exclusively in the federal courts of the United States or the courts of the State/Commonwealth , in each case located in the City and County . You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Waiver

No waiver us or you of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

18. Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

19. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on you.

20. Contact Us

Communications relating to the site should be directed to our support team.