GotSoccer Terms of Use

Effective Date: April 21, 2021

Welcome to GotSoccer, the leading provider of sports management software serving coaches, parents, athletes, clubs, leagues, associations, and governing bodies. Thank you for visiting this website (the "Webite"), which is owned by GotSoccer, LLC (collectively "GotSoccer", "we", "us", "our"). These "Terms of Use" (the "Terms") 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 Term 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 or conditions, 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 of this Agreement. 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, and for as long as you have a GotSoccer or GotSport account (your "Account"), which may be until you close or we terminate your Account in accordance with these Terms of Use, whichever happens first.

3. Registration and Accounts. Certain services provided by GotSoccer require you to register for an 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 Account (including your username and password information), and for restricting access to the Account. You agree to accept responsibility for all activities that occur in your Account. Additionally, you agree to notify GotSoccer immediately of any unauthorized access or use of your Account or password, or any other breach of security. We reserve the right to terminate your Account at any time.

4. User Content. Some of our Sites and Services may allow users to provide content such as user profile information, images, video, comments, questions, and other content ("User Content"). You represent and warrant that the 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; and (d) 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. GotSoccer assumes no liability for any User Content that you post. GotSoccer may, in its sole discretion, remove any User Content. By posting User Consent, you represent and warrant that you have all the necessary rights to the User Content, and you hereby grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display and distribute such User Content. 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. 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. Users between thirteen (13) and eighteen (18) years of age may utilize an Account established by their parent or legal guardian, with such parent or guardian's approval. If you permit your child or legal ward between thirteen (13) and eighteen (18) years of age ("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.

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 (if any), 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 (other than User Content that you may submit), in whole or in part. The term GotSoccer, 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, AND 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. Privacy Policy. Your privacy is critically important to us. Please review our Privacy Policy at http://home.gotsoccer.com/p.aspx?p=Privacy.

9. 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 of privacy practices of such third-party sites.

10. Third-Party Payment Processing. Your team, club, league, association, or other governing body may obtain payment from you via an integrated payment portal with a third-party banking institutions and processing agents (the "Payment Processor"). 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 team/club/league/association/governing body and you. We do not store or collect your payment card details, do not handle any funds of your team/club/league/association/governing body, and are not involved any payment processing between you and your team/club/league/association/governing body. Any payment issue or dispute with your team/club/league/association/governing body should be directed to your team/club/league/association/governing body. You agree that GotSoccer is not liable in any way to you arising from or related to (directly or indirectly) payment processing transaction between you and your team/club/league/association/governing body.

11. 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 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 and/or email we send to you. By continuing to access or use our Sites and Services after revisions are effective, you accept and agree to abide by them.

12. Additional Terms for Mobile Application Users. If you are accessing our Sites or Services through a mobile device, including any of our mobile applications, or any other mobile application hereinafter created, 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 agreement 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.

13. 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 nonrefundable. The determination of whether any refunds are granted for cancelled events will be made solely by the event host, which is our customer. You may be charged convenience fees for buying tickets. Convenience fees may vary depending on the event type and location. Convenience fees or taxes, if applicable, may be disclosed to you prior to purchasing a ticket. The GotTicketing platform may not be used to resell tickets that have already been sold, distributed, or forwarded through the GotTicketing platform.

14. 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, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

15. Limitation of Liability. YOU EXPRESSLY AGREE TO RELEASE GOTSOCCER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF OUR SITES OR SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES OR LOSSES ASSOCIATED WITH SUCH USE. YOU FURTHER AGREE THAT GOTSOCCER SHALL NOT BE LIABLE FOR ANY LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF THE SITES OR SERVICES.

16. 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.

17. Choice of Law and Forum. This Agreement shall be governed by the laws of the State of Florida. The parties each hereby consent to the jurisdiction and venue of the Circuit or County Courts of Duval County, Florida, or the U.S. District Court for the Middle District of Florida, Jacksonville Division, for any all claims arising out of these Terms of Use or your use of the Sites or Services. You agree that any order or judgment entered by these courts may be domesticated and enforced in any necessary and appropriate jurisdiction.

18. Class Action Waiver. You agree that all disputes between you and GotSoccer will be litigated individually, and that there will be no class, representative, or consolidated actions. You agree that this class action waiver is an essential part of our agreement.

19. 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 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.

20. Miscellaneous. 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. We, in our sole discretion, may amend these Terms of Use, and your use of the Site or Services after such amendment is posted on our websites will constitute acceptance of it by you. 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 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.

21. 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, Florida 32250

Attn: Legal Department

Email: legal@gotsport.com