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Terms of Use

Last Updated: October 10, 2019

These Terms of Service apply to the websites, applications, and digital platforms operated by the USL Family on which these Terms or Service are posted (each a “Service,” and collectively, the “Services”).  The “USL Family” means the League Entities and the Team Entities.  The “League Entities” means United Soccer Leagues, LLC and its wholly-owned subsidiaries, including USL Pro, LLC (which operates the USL Championship League), USL Pro-2 (which operates USL League One), Premier Development League, LLC (which operates USL League Two), Super-Y League, LLC (which operates the Super Y League), and USL Productions, LLC.  The “Team Entities” are the franchises owning teams that participate, have participated, or may participate in the USL Championship, USL League One, and USL League Two.  The USL Family is also referred to in this Policy as “we” “our,” and “us.”  These Terms of Service incorporate the Privacy Policy, which is available HERE

Your access to and use of the Services is subject to these Terms of Service (including the Privacy Policy) and all applicable laws, rules and regulations. By accessing and using the Services, you signify your agreement to the Terms of Service. The Terms of Service may be amended or modified in our sole discretion, and we may impose new conditions at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Services following the posting of changes to these Terms of Service will mean you accept the changes. If you do not agree to the Terms of Service, do not use the Services.

1. Ownership and Use Restrictions

The USL Family reserves the right to contract with, and has contracted with, third parties (“Third-Party Providers”) for the operation of various components of the Services.  The USL Family disclaims all representations and warranties, and is not liable in any manner, for the actions or inactions of its Third-Party Providers.

The content and materials contained on or distributed within the Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Services, the USL Family, any affiliate thereof, any sponsors or licensees thereof, or any other affiliates (the “Content”) are either owned by, or licensed to, the USL Family. We maintain the Services for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of the USL Family, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Services in any manner is a violation of the applicable owner's copyright and other proprietary rights. The Content on the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of USL Family. 

The wordmarks, logos, trade names, packaging, and designs of the USL Family appearing on the Services are our exclusive property. All other word marks and logos (each, a “Trademark” and, collectively the “Trademarks”) appearing on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing appearing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark in any manner without the express written permission of its respective owner. Any use of the Trademarks appearing on the Services except as expressly provided in these Terms of Service, is strictly prohibited.

Images of people or places appearing on the Services are either the property of, or used with permission by, the USL Family. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere through the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We neither warrant nor represent that your use of Content appearing on the Services will not infringe upon the rights of any third party.

2. Access to Site

To access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Services may require additional software downloads and minimum technical requirements, which minimum technical requirements may change from time to time in the USL Family’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you access the Services. Your exclusive remedy in the event the USL Family changes the minimum technical requirements is to terminate your use of the Services.

3. Registration

3.1 Registration; Privacy

In order to access certain features of the Services, you may be required to register with the USL Family or a Third-Party Provider by providing certain personally identifiable information about yourself, including, but not limited to, your name and email address. In consideration for our granting you access to these features of the Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Services, subject to all applicable laws, rules and regulations. If you provide any information that is untrue, inaccurate, not current or incomplete, or if USL Family has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, we have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Services. For details concerning how such personally identifiable information is collected, used, disclosed and otherwise managed please see our Privacy Policy, which is incorporated herein by this reference and linked to above.

3.2 User Name

In order to use certain functionalities of the Services, you may be asked to select a user name (a “User Name”) for identification purposes. You must not use any User Name that violates these Terms of Service. You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and you are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.

3.3 Subscription Services

The USL Family may offer certain services that require payment of a fee in order to use or receive a subscription (“Subscription Services”). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card, and verification of other information that USL Family may request from you, including your IP address. The Subscription Services may also require additional technical requirements.

USL Family may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time through the Services. If your email service includes functionality or software that catalogs your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and spam email folders or by adding us to your address book or safe senders list.

4. Services and Content

The Services may offer opportunities for you to provide information including, without limitation, by (a) sending messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions and (b) creating and using User Names, and (c) submitting ideas, articles, scripts, storylines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited.  Any information that you provide as part of your interaction with the Services is referred to herein as a “Submission.”  The act of providing information as part of your interaction with the Services is referred to herein as “Entering a Submission,” and any component of the Services through which you could Enter a Submission is referred to herein as a “Submission Venue

4.1. Specific Rules Regarding Submissions.

If you are under the age of 13, you may not Enter a Submission.  If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may Enter a Submission but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to this Agreement for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for any Content that he or she may add to the Services and any legal liability that he or she may incur.

We and our Third-Party Providers shall have the absolute right, but not the obligation, to review, edit or delete any Submission for any reason, in our sole discretion.  We shall have the sole discretion to terminate your access to the Services at any time, including because of a Submission.  Please be advised that we and our Third-Party Providers will, in accordance with the Privacy Policy and all applicable laws, fully cooperate with any and all law enforcement authorities and court orders in any and all jurisdictions requesting or directing us or our Third-Party Providers to disclose personal information of anyone who submits a Message or User Name that violates the foregoing terms.

Although we or our Third-Party Providers may from time to time monitor or review Submissions, neither we nor our Third-Party Providers are under any obligation to do so.  We assume no responsibility or liability that may result from the content of any Submission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Submission does not constitute approval or endorsement by us or our Third-Party Providers. You acknowledge that neither USL Family nor our Third-Party Providers are responsible for, and cannot and do not guarantee, the accuracy or reliability of any Submission.

4.2. Rights to Submissions.

When you Enter a Submission, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your Submission by us will not infringe or violate the rights of any third party or any applicable law.  You also grant to us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to (i) use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display your Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes; (ii) use your name in connection with  broadcast, print, online or other use or publication of your Submission; and (iii) license your Submission to third parties without seeking or receiving your further consent.  The foregoing applies to both solicited and unsolicited Submissions.  If we solicit Submissions through a contest or other promotion, such Submissions will be subject to any applicable rules in addition to these Terms of Use. 

Submissions are, and will be treated as, non-confidential and nonproprietary. By entering a Submission, you acknowledge that the Submission and any information therein (a) may be used by any third party; (b) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (c) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Third-Party Providers other than as expressly set forth in these Terms of Service; and (d) is subject to the grant of rights to us and our Third-Party Providers set forth above.

4.3. Nature of Submissions. 

Submissions may not:

  1. Be (or encourage conduct that is) unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by USL Family;
     
  2. Constitute or encourage a criminal or civil offense under any applicable local, state, national or international law.
     
  3. Violate, plagiarize, or infringe upon 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;
     
  4. Be commercial in nature, including by containing advertising, promotions, spam or commercial solicitations of any kind;
     
  5. Contain false or misleading indications of origin or statements of fact; or
     
  6. Contain material irrelevant to the subject matter of the Submission Venue, including that which incites disputes, demeans, or wishes injury on a third party; or
     
  7. Contain any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;

4.4. General Prohibited Uses

You agree that in connection with your use of the Services (including through any Submission), you will not:

  1. impose an unreasonable or disproportionately large load on the Service’s infrastructure, interferes or disrupts the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Services;
     
  2. harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity.
     
  3. use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
     
  4. delete or revise any material or other information of any other user of the Services;
     
  5. use any device, software, or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
     
  6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
     
  7. allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;
     
  8. attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
     
  9. access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;
     
  10. attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
     
  11. attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Services; or
  • forge any TCP/IP packet header or any part of the header information in any email or posting.

Violations of this section may, as applicable, result in civil or criminal liability. The USL Family reserves all rights to investigate potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. Statistics

We may make statistics available on this Site, including statistics that we generate and/or calculate using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with USL Family games, competitions or events (collectively, "USL Statistics"). By using such USL Statistics, you agree that: (a) any use, display or publication of the USL Statistics shall include a prominent attribution to the webpage of the Services where they were originally posted; (b) the USL Statistics may only be used, displayed or published for legitimate news reporting or private, non-commercial purposes; (c) the USL Statistics may not be used in connection with any sponsorship or commercial activity; (d) the USL Statistics may not be used in connection with any fantasy game or other commercial product or service; (e) the USL Statistics may not be used in connection with any product or service that presents a live, near-live or other real-time or archived play-by-play account or depiction of any USL game; and (f) the USL Statistics may not be used in connection with any web site, product or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from USL Family games, competitions or events without the Operator's express prior consent.

6. Terms of Sale

Through the Services, you may be able to (a) order goods or services from the USL Family or our Third-Party Providers, including without limitation through the official stores of certain members of the USL Family, auctions and other special promotions, and ticket purchasing features; (b) purchase Subscription Services or (c) register for participation in certain programs, including youth soccer leagues.  Your use of the Services to purchase goods or services or register for participation in certain programs, is referred to herein as a “Sale,” and any component of the Services through which you could complete a sale is referred to herein as a “Sale Venue.”   Products purchased through Sale Venues are collectively referred to as the “Merchandise.”  Sales are, in addition to any other terms and conditions of our Third-Party Providers that may be posted on Sale Venue, subject to the following terms and conditions:

  1. You acknowledge and agree that your payment card is being charged by a payment processor. For purposes of these Terms of Service, such payment processor will be considered a Third Party-Provider. 
     
  2. ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF (OR MERCHANDISE OFFERED BY) ANY OF OUR THIRD-PARTY PROVIDERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SALE VENUE OR THE SERVICES GENERALLY, AND LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE, GOODS, OR SERVICES.
     
  3. We and our Third-Party Providers reserve the right to modify the price of any Merchandise, goods, or services (including Subscription Services) and substitute any merchandise, goods, or services of similar value. In order to purchase Merchandise, goods, or services, you may be required to provide complete and accurate personal information consisting of your name, address, telephone number, email address, payment card information and shipping address, which shall be collected in accordance with the Site's Privacy Policy and/or any applicable Third-Party Provider’s Privacy Policy. Your ability to purchase Merchandise, goods, or services is subject to limits established by your payment card issuer. You must notify us immediately of any change in your payment card information, including any change to your home address. We or our Third-Party Providers may bill your payment card at the time Subscription Services or tickets are ordered or shipped, and the appropriate USL Family member or Third-Party Provider, as applicable, may bill your payment card at the time your Merchandise, goods, or services are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. We may, in our sole discretion, decline service to or terminate any account. Neither the USL Family nor any Third-Party Provider shall be responsible for any breaches in transaction security, and you waive all claims related to the foregoing
     
  4. With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.

With respect to the sale of certain Merchandise on the Site, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.

e. In addition, with respect to the Subscription Services, you agree to pay all subscription fees and other applicable charges in accordance with USL Family's or its Third-Party Providers billing practices in effect at the time such fee or other charge becomes payable.  The USL Family and its Third-Party Providers may change billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. All payments for Subscription Services are non-refundable.

f. The USL Family and its Third-Party Providers may offer certain Subscription Services for which the subscription automatically, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner.  The USL Family and its Third-Party Providers will notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.

g. Notice to California Consumers: Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

h. Sales Tax.  For certain Sales, the USL Family is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases made through the Services are not exempt from sales or use taxes simply because they are made from the internet or because the USL Family is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by the USL Family.  Certain jurisdictions require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by the USL Family in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.  For Oklahoma purchasers, applicable use tax on Sales may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission's Website.  For South Dakota purchasers, applicable sales or use taxes on Sales may be reported and paid on the South Dakota use tax form, available with corresponding instructions on the South Dakota Department of Revenue Website.

i. Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge (“Trial Subscription”), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Services as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.

7. Streaming Services

USL Family match streaming options are available via ESPN+ or such other Third-Party Provider as we may contract with from time to time. Subscription is subject to the Third-Party Provider’s Privacy Policy and Terms of Use.  Blackout restrictions may apply.

8. Links & Embedding

The Services may contain links to other web sites and services (“Linked Services”). The Linked Services may not be under USL Family's control and USL Family is not responsible for the contents of the Linked Services.  The following restrictions (“Linkage Restrictions”) apply to all links, including any to embedded content, to or from the Services from or to any online, cable, wireless or other website, service, browser or other resource:

  1. Websites, services, browsers and other resources other than commercial sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Sites”) may link to the Services without the express written permission of USL Family if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “https://www.uslsoccer.com,” “The Official Site of the USL Championship”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
     
  2. USL Family trademarks may not be used to link to the Services without our express written permission.
     
  3. No link to the Services may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
     
  4. Links to and from the Services from or to other sites maintained by third parties do not constitute an endorsement by USL Family of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of USL Family. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its website administrator or webmaster.
     
  5. The posting or creation of any link to the Services signifies that you have read these Linkage Restrictions and agree to abide by their terms.

Subject to your strict compliance with these Terms of Service, you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (a) obscure the USL Family’s branding of the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party's assertion or implication of ownership or authorship of the Content; (b) sell access to embedded Content on another website, (c) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (d) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (e) use embedded Content that USL Family, in its sole discretion, determines to be competing with or displacing the market for the Content.

Additionally, you may not embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) 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; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. USL Family reserves the right to disable your use of embedded Content at any time, in USL Family's sole discretion.

9. Availability of Services

The availability of the Content and/or the Services may be affected or impaired by a variety of factors, including game delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that USL Family is not obligated to provide you with any specific Content or access to the Services under these Terms of Use.

10. Disclaimer of Warranties and Damages; Limitation of Liability

While we use reasonable efforts to include accurate and up to date information  and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content or the Services. We make no representation that the Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.

THE CONTENT AND SERVICES (AND ANY OTHER MERCHANDISE, PRODUCTS, OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR THIRD-PARTY PROVIDERS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES WILL THE USL FAMILY, OUR THIRD-PARTY PROVIDERS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SERVICES, OR THE USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES, IF ANY.

Your correspondence or business dealings with, or participation in promotions of, advertisers, vendors, or Third-Party Providers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services.  All of your business dealings with vendors and advertisers appearing on or through the Services shall be at your sole risk.

11. Notice

We may give notice to users of the Services by means of a general notice on the Services, electronic mail to a user's email address if on record, or by written communication sent by first-class mail to a user's address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means: (a) electronic mail to: privacy@uslsoccer.com; or (b) letter delivered by first class postage prepaid mail or courier to the United Soccer League at the following address: United Soccer Leagues, LLC, 1715 N. Westshore Blvd., Suite 825, Tampa, FL 33607, Att’n: General Counsel.

12. Indemnification

You hereby agree to indemnify and hold each member of the USL Family, their respective operators, affiliates and subsidiaries, Third-Party Providers, and each of their respective members, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Services, including, without limitation, use of any Message Feature, Service, or the Store; and/or (ii) any breach or alleged breach of these Terms of Service by you.

13. Mobile Applications

If you use an application on your mobile device (including but not limited to iPhone, iPad, Android phones and tablets, or Microsoft Windows mobile devices (each a “Mobile Device”) to access or use the Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via mobile devices referred to herein as the “Licensed Application(s)”):

  1. You acknowledge that these terms are between you and us only, and not with Apple, Google or Microsoft or any other store/venue, as applicable, where the application is available (“Application Venue”) and that Application Venue is not responsible for the Licensed Application(s) or the content thereof.
     
  2. The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Mobile Device that you own or control and as permitted by the usage rules set forth in the Application Venue Terms of Service (as applicable).
     
  3. The Application Venue, including Apple, Inc., Google or Microsoft, is not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that the Application Venue has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
     
  4. In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Application Venue and Application Venue will refund the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Application Venue will have no other warranty obligation whatsoever with respect to the Licensed Application(s).
     
  5. You acknowledge that Application Venue is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
     
  6. You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes that third party's intellectual property rights, Application Venue is in no way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
     
  7. Without limiting any other terms of this Terms of Service, you must comply with all applicable Application Venue terms of use when using the Licensed Application(s).
     
  8. You acknowledge and agree that Application Venue, and Application Venue's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon Your acceptance of the terms and conditions of such license, Application Venue will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.

14. Termination of Service

We may, in our sole discretion, change, suspend or discontinue any aspect of the Services, at any time with or without notice and with or without cause, including the availability of any Service feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Services.

15. Software

The Services, the Software and other materials downloaded from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site (including, without limitation any Licensed Application or other Services) may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Libya, Syria, Sudan, or any other country to which the United States has embargoed goods or has been designated by the United States as a “terrorist supporting” country; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

16. Arbitration; Consent to Jurisdiction In Florida; Attorneys' Fees; Time Period Limitation for Claims; Waiver of Class and Representative Actions

  1. Any and all disputes, claims, or controversies arising out of or relating to (i) this Agreement, (ii) the breach thereof, or (iii) any use of, or commercial transactions conducted through, the Services (“Claims”), whether arising before or after the effective date of this Section, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures (including the Supplementary Procedures for Consumer-Related Disputes to the extent those procedures are applicable), provided however that a Claim for money damages only (and not for any declaratory or injunctive relief) may be filed in a small claims court solely on an individual, non-class, and non-representative basis.
     
  2. You and USL Family waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum.
     
  3. Any arbitration of a Claim shall be held in Hillsborough County, Florida, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it applies only to the arbitration in which it was awarded and cannot be used in any other case or proceeding except to enforce the award itself. The arbitrator shall not have power or authority to award punitive damages, including treble damages that may otherwise be available.
     
  4. Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and USL Family waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and USL Family further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of the State of Florida. Notwithstanding any provision of the AAA’s rules and procedures, only the federal and state courts, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.
     
  5. You agree that USL Family may seek any interim or preliminary relief from a court of competent jurisdiction in Tampa, Florida necessary to protect its rights or property pending the completion of arbitration.
     
  6. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within Tampa, Florida (the “Forum”) and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.
     
  7. If either party initiates a proceeding involving any Claim other than (i) an arbitration in accordance with this Section or (ii) a proceeding in small claims court permitted by this Section, or if either party initiates a proceeding involving a Claim under subsection (e) other than in the Forum, the other party shall recover all attorneys' fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.
     
  8. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide USL Family with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
     
  9. You and USL Family agree that this Section shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.

17. Miscellaneous

These Terms of Service constitute the entire agreement between the parties, and they supersede 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 Service, and your use of the Services after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service 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. USL Family's failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive USL Family's right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.