Effective Date: January 25, 2023
Welcome to GotSoccer, the leading provider of sports registration and management software serving coaches, parents, athletes, clubs, leagues, associations, and governing bodies. These "Terms of Use" are a legal agreement between you, as a user of our services, and GotSoccer, LLC, a Delaware limited liability company (collectively "GotSoccer", "we", "us", "our"). Thank you for visiting this website, which is owned by GotSoccer. These Terms of Use are applicable to all GotSoccer, websites, mobile applications, software platforms, and social media accounts that link to these Terms of Use (collectively the "Sites and Services"). Our Sites and Services include the GotSoccer, GotSport, GotPro, and GotTicketing software platforms, and unless otherwise indicated in those platforms, these Terms of Use apply to each of them. The Sites and Services are the property of GotSoccer and are subject to the following terms and conditions. Please read these Terms of Use carefully. By accessing and using the Sites and Services, you expressly agree to comply with and be bound by these Terms of Use. If you do not agree with any of these Terms of Use, you must not access or use our Sites and Services.
1. Use of Our Sites and Services. Our Sites and Services are owned and operated by GotSoccer. Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Sites and Services for your personal use only, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Sites or Services. GotSoccer reserves all rights not expressly granted herein. GotSoccer may terminate this license at any time for any reason or no reason. You agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your access and use of our Sites and Services.
2. Term and Termination. By accessing or using our Sites and Services, you agree to be bound by GotSoccer's Terms of Use, and upon your initial access to or use of our Sites and Services, the term of these Terms of Use (the "Term") will begin. The Term will continue for as long as you continue to access or use our Site and Services or for as long as you have an account with us (a "GotSport Account"), which may be until you close or we terminate your GotSport Account in accordance with these Terms of Use, whichever happens first. If these Terms of Use, or your GotSport Account, are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Use will end, (b) you agree to immediately terminate and cease use of all Sites and Services, (c) we may delete your information and account data stored on our servers, and (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Sites and Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these Terms of Use survive and remain in effect in accordance with their terms upon termination: 4 (User Content), 7 (Intellectual Property Rights), 8 (Security), 9 (Privacy Notice), 13 (GotSport Software Fees & Refund Policy), 16 (Disclaimer of Warranties), 17 (Limitation of Liability and Damages), 18 (Indemnity), 19 (Choice of Law and Forum), 20 (Class Action Waiver), 22 (Other Provisions), and any other provision of these Terms of Use that must survive to fulfill its essential purpose.
3. GotSport Account Registration. Certain services provided by GotSoccer require you to register for a GotSport Account. In that event, you agree to provide true, accurate, current, and complete information about yourself. You agree that GotSoccer may use the information to provide you with the services. You are responsible for maintaining the confidentiality of your GotSport Account (including your username and password information) and for restricting access to your GotSport Account. You agree to accept responsibility for all activities that occur in your GotSport Account. Additionally, you agree to notify GotSoccer immediately of any unauthorized access or use of your GotSport Account or password, or any other breach of security. We reserve the right to terminate your GotSport Account at any time. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute at our sole discretion. Our decision (which may include termination or suspension of any GotSport Account subject to dispute) will be final and binding on all parties.
4. User Content. Some of our Sites and Services may allow you to provide content such as user profile information, images, video, comments, questions, and other content ("User Content"). You represent and warrant that your User Content: (a) is owned by you or you control all necessary rights to it, (b) does not violate, misappropriate, or infringe on the rights of any third party including intellectual property rights, privacy rights, or publicity rights, (c) is accurate, not obscene, false, libelous, or defamatory, (d) will not encourage conduct that would be considered a criminal offense or gives rise to civil liability, (e) does not advertise products or services, and (f) will not cause injury to any person, entity, or system. By posting User Consent, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display, and distribute such User Content. You retain all rights in your User Content, subject to the rights you grant us in these Terms of Use. GotSoccer assumes no liability for any User Content that you post and has no obligation to monitor User Content. GotSoccer may, in its sole discretion, remove any User Content at any time and for any reason. You agree to indemnify, release, and hold us harmless from all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any User Content you post. We are not responsible for and do not endorse, User Content posted by another person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Content posted by another person.
5. Our Policy Towards Children. Our Sites and Services are intended for general audiences and are not directed to children under the age of thirteen (13). By accessing or using our Sites and Services, you represent that you are thirteen (13) years of age or older. If you are under the age of thirteen, you should use our Sites and Services only with the involvement and consent of a parent or guardian. If you are between thirteen (13) and eighteen (18) years of age, you need permission from a parent or guardian to use our Sites and Services. If you permit your child or legal ward between thirteen (13) and eighteen (18) years of age (your "Child") to use the Sites and Services, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for all use of the Sites and Services by your Child, regardless of whether you authorized such use. GotSoccer encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access our Sites and Services.
6. Code of Conduct. You agree not to use the Sites and Services in any way that violates our "Code of Conduct," including in a manner that:
i.imposes an unreasonable or disproportionately large load on the Site and Services infrastructure, interferes or disrupts the Sites and Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site and Services;
ii.is, or encourages conduct that is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by GotSoccer;
iii.constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
iv.violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;
v.contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
vi.harms or attempts to harm minors or any other person;
vii.contains any information, software or other material of a commercial nature;
viii.contains advertising, promotions, spam, or commercial solicitations of any kind; or
ix.constitutes or contains false or misleading indications of origin or statements of fact;
x.pretend to be anyone or any entity you are not, or otherwise misrepresent your affiliation with another person or entity;
Additionally, you agree not to:
xi.Use the Sites and Services for any commercial purpose without the express written permission of GotSoccer;
xii.Use any software, data-mining, web scraping, robot, spider, or other automated device, process, or means to access the Sites and Services for any purpose not expressly authorized in writing by GotSoccer, including monitoring or copying any of the materials on the Sites and Services;
xiii.Use any manual process to monitor or copy the materials on the Sites and Services, or for any other purpose not expressly authorized in these Terms of Use, without the express written permission of GotSoccer;
xiv.Embed content from our Sites and Services on another website, mobile application, or system without the express written permission of GotSoccer;
xv.Use any device, software, or routine that interferes with the proper working of our Sites and Services;
xvi.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites and Services, the server(s) on which the Sites and Services are stored, or any server, computer, or database connected to the Sites and Services;
xvii.Attack the Sites and Services via a denial-of-service attack or a distributed denial-of-service attack;
xviii.Otherwise attempt to interfere with the proper working of the Sites and Services.
7. Intellectual Property Rights. You acknowledge and agree that the Sites and Services, any necessary software code used in connection with the Site and Services, any aggregated data based on content on the Sites and Services, and any content available or made available on the Sites and Services, all contain proprietary and confidential information that is owned by GotSoccer and protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized in writing by GotSoccer, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sites and Services, the software, or content available on the Sites and Services. The term GotSoccer, GotSport, the GotSoccer logo, the GotSport logo, the GotPro logo, the GotTicketing logo, and any other product and service names are the exclusive trademarks of and are owned by GotSoccer, and you may not use or display such trademarks in any manner without GotSoccer's prior written permission. Any third-party trademarks or service marks displayed on the Sites and Services are the property of their respective owners. THE USE OF THE SITES AND SERVICES, EXCEPT FOR USE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED, INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
8. Security. We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration, and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk. You are solely responsible for safeguarding your password and for restricting access to the Sites and Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or GotSport Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with GotSoccer and provide all information requested by GotSoccer to remediate the breach. Any assistance provided by GotSoccer in relation to a security breach does not in any way operate as acceptance or acknowledgment that GotSoccer is in any way responsible or liable to you or any other party in connection with such breach.
9. Privacy Notice. Your privacy is critically important to us. Please review our Privacy Notice at https://home.gotsoccer.com/p.aspx?p=Privacy. Our Privacy Notice explains how we collect, use, and protect your personal information. By accessing and using our Sites and Services, you agree to our Privacy Notice.
10. Third-Party Links. Our Sites and Services may link to other sites that we do not control. In addition, you may have visited our Sites and Services through a link or a banner advertisement on another site. In such cases, the site you linked from may collect your information. These third-party sites are governed by their own privacy policies. Be sure to review these privacy policies when visiting such sites to see how they collect and use this information. We are not responsible for the content or privacy practices of such third-party sites.
11. Third-Party Payment Processing. Your team, club, league, association, or other governing body (each our "Customer") may obtain payment from you via an integrated payment portal with third-party banking institutions and processing agents (the "Payment Processors"). Such Payment Processors receive the information needed to verify and authorize your credit card or other payment information. These Payment Processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council. GotSoccer is not responsible for the payment processing between our Customer and you. We do not store or collect your payment card details, do not handle any funds of our Customer, and are not involved in any payment processing between you and our Customer. Any payment issue or dispute between you and our Customer should be directed to our Customer. You agree that GotSoccer is not liable in any way to you arising from or related to (directly or indirectly) payment processing transactions between you and our Customer
12. Modification of Terms of Use. From time to time, we may revise these Terms of Use. We will provide notice of such revisions either by revising these Terms of Use and indicating at the top of this page the date these Terms of Use were last revised, or by sending an email to the email address associated with your GotSport Account, or both. You agree that it is your responsibility to visit these Terms of Use periodically to review any such revisions. Changes to these Terms of Use will be effective on the date noted in the posting. By continuing to access or use our Sites and Services after revisions are effective, you accept and agree to abide by them.
13. GotSport Software Fees & Refund Policy. GotSoccer is a third-party registration service and may charge a "GotSport Software Fee" for the software services it provides for you to register for a club or a tournament through our Sites and Services. The GotSport Software Fee, if applicable, is clearly displayed on the payment page prior to payment. GotSoccer may collect taxes, as required by law, which you agree to pay unless you provide GotSoccer with timely, appropriate, complete, and accurate information and documentation satisfying the legal and tax requirements of the relevant government or tax authority to establish that the otherwise applicable tax is not required to be collected by GotSoccer. Any such GotSport Software Fee is non-refundable even if the payment to which it relates is canceled, refunded, or credited by the club or tournament.
14. Additional Terms for Mobile Application Users. If you are accessing our Sites or Services through a mobile device, including any of our mobile applications, the following additional terms apply. GotSoccer grants you the right to use the mobile application only for your personal use. You must comply with all applicable laws and third-party terms of use when using the mobile application (e.g., your wireless data service agreement). The mobile application may not contain the same functionality available on the applicable Sites and Services.
15. Additional Terms for GotTicketing Users. If you are using our GotTicketing platform, you are responsible for reading the complete ticket details before purchasing the tickets. You cannot change or cancel any ticket order after the sale is complete. All ticket sales are final and non-refundable. The determination of whether any refunds are granted for canceled events will be made solely by the event host, which is our customer. You may be charged service fees for buying tickets. Service fees may vary depending on the event type and location. Service fees or taxes, if applicable, will be disclosed to you prior to purchasing a ticket. GotTicketing service fees are non-refundable. The GotTicketing platform may not be used to resell tickets that have already been sold, distributed, or forwarded through the GotTicketing platform.
16. Disclaimer of Warranties. YOU ACCEPT THE SITES AND SERVICES "AS IS" AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
17. Limitation of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOTSOCCER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SITES AND SERVICES. UNDER NO CIRCUMSTANCES WILL GOTSOCCER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITES AND SERVICES OR YOUR GOTSPORT ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GOTSOCCER IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF SITES AND SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GOTSOCCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
18. Indemnity. You agree to defend, indemnify, and hold GotSoccer and its respective affiliates, licensors, directors, officers, employees, agents, and representatives harmless from and against any losses, costs, expenses, or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit, or demand of any third party due to, arising out of or relating to your breach of these Terms of Use or your use of our Sites and Services.
19. Choice of Law and Arbitration. These Terms of Use and your use of our Sites and Services shall be governed solely by the laws of the State of Florida without reference to (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties' rights or duties; (b) the 1980 United States Convention on Contracts for the International Sales of Goods; or (c) other international laws. You agree that you shall submit any and all claims, disputes, or controversies between You and GotSoccer to mandatory, binding arbitration under the auspices of the American Arbitration Association (the "ADR Association") in Jacksonville, Florida, with the parties sharing the costs of arbitration equally. The arbitration will proceed according to the commercial rules of the ADR Association. This Section 19 (Choice of Law and Arbitration) does not limit either party's right to provisional or ancillary remedies from a court of competent jurisdiction before, during, or after arbitration, including but not limited to any claim for equitable relief and the exercise of any such remedy does not waive either party's right to arbitration. Judgment on any arbitration award may be entered by any court with competent jurisdiction. Any requirement in these Terms of Use to pay or reimburse court costs or attorneys' fees includes, without limitation, a requirement to reimburse costs and fees related to such arbitration. This section is subject to the operation of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
20. Waiver of Jury Trials and Class Actions. EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, INCLUDING WITHOUT LIMITATION COUNTERCLAIMS REGARDING SUCH DISPUTES, CLAIMS RELATED TO THE PARTIES' NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THESE TERMS OF USE, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THESE TERMS OF USE. THE WAIVER IN THE PRECEDING SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY. NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, WHETHER PROCEEDING UNDER CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY (COLLECTIVELY, "THIS AGREEMENT'S CLAIMS"). THIS AGREEMENT'S CLAIMS INCLUDE, WITHOUT LIMITATION, COUNTERCLAIMS, CLAIMS RELATED TO THE PARTIES' NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THESE TERMS OF USE, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THESE TERMS OF USE. THE PROCEEDINGS EXCLUDED ABOVE IN THIS SECTION 20 (WAIVER OF JURY TRIALS AND CLASS ACTIONS) INCLUDE, WITHOUT LIMITATION, CLASS-WIDE ARBITRATION AND PRIVATE ATTORNEY-GENERAL ACTIONS.
21. Electronic Communications. You agree that we may make communications available to you by posting them on our websites or sending an email to the email address you provide to us that is associated with your GotSport Account, or both, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
22. How to Contact Us. If you have any questions about these Terms of Use, please contact us at:
GotSoccer, LLC
1529 Third Street South
Jacksonville Beach, FL 32250
Attn: Legal Department
Email: legal@gotsport.com
23. Copyright Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Sites and Services infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Michael Bittner, Esq.
General Counsel
GotSoccer, LLC
1529 Third Street South
Jacksonville Beach, FL 32250
legal@gotsport.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
24. Other Provisions. These Terms of Use constitute the entire agreement between the parties and supersedes all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and us. The section headings in these Terms of Use are for convenience only and must not be given any legal import. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. GotSoccer's failure to enforce any provisions of these Terms of Use or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches. Any sections that by their nature should survive the termination of your account or expiration of these Terms of Use, or which would reasonably be expected to be performed after the termination of your account or expiration of these Terms of Use, shall survive and be enforceable after termination of your account or expiration of these Terms of Use, including any licenses granted to GotSoccer hereunder which shall survive in accordance with its terms, and the provisions relating to ownership, indemnification, limitations of liability and governing law. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, and any attempted transfer or assignment shall be null and void.