AGREEMENT BETWEEN USER AND U.S. SOCCER

The United States Soccer Federation, Inc. (“U.S. Soccer” or “we” or “us” or “our”) website (www.ussoccer.com, and the subdomains thereof, our official U.S. Soccer app and any related web-site controlled by U.S. Soccer and on which these Terms of Use are posted (collectively, the “Website”)), as well as our various online services and applications provided by U.S. Soccer through the Website (the “Services”) are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the U.S. Soccer Website and Services constitutes your agreement to all such terms, conditions, and notices. Please read the following carefully before proceeding.

MODIFICATION OF THESE TERMS OF USE

U.S. Soccer reserves the right to change the terms, conditions, and notices under which the U.S. Soccer Website and Services are offered in our sole discretion. Your continued use of the U.S. Soccer Website and/or Services following the posting of revised Terms of Use means that you accept and agree to the changes.

PRIVACY AND PERSONAL INFORMATION

For information about U.S. Soccer data protection practices, please read U.S. Soccer’s Privacy Policy. This policy explains how U.S. Soccer treats your personal information, and protects your privacy, when you use the Website and Services. You agree to the use of your data in accordance with U.S. Soccer’s Privacy Policy. If you become aware of any unauthorized use of your password or of your account, you agree to notify U.S. Soccer immediately at dataprotection@ussoccer.org.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the U.S. Soccer Website or Services, you warrant to U.S. Soccer that you will not use the U.S. Soccer Website or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the U.S. Soccer Website or Services in any manner, which could damage, disable, overburden, or impair the U.S. Soccer Website or Services or interfere with any other party’s use and enjoyment of the U.S. Soccer Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the U.S. Soccer Website or Services, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

Unless otherwise specified, the materials in the Website are presented solely for the purpose of promoting matches, programs, training, development, education and other products available in the United States and its territories, possessions and protectorates. This Website is controlled and operated by U.S. Soccer from its offices within the State of Illinois, United States of America. U.S. Soccer makes no representation that materials on the Website or part of the Services are appropriate or available for use in other locations. Those who choose to access this Website or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You may not use the U.S. Soccer Website or Services and may not accept the Terms of Use if you are a national or resident of any export-prohibited country under U.S. law or are a person otherwise barred from using services that U.S. Soccer provides under the laws of the United States (including anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders) or the laws of any country in which you are resident or from which you use the Services.

U.S. Soccer reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality.

LINKS TO THIRD-PARTY SITES

The U.S. Soccer Website or Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of U.S. Soccer, and U.S. Soccer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, terms, conditions or privacy policies therein, or any changes or updates to a Linked Site. U.S. Soccer is not responsible for webcasting or any other form of transmission received from any Linked Site. U.S. Soccer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by U.S. Soccer of the Linked Site or any association with its operators.

U.S. Soccer cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from U.S. Soccer’s Website(s), since shop channels and ticketing websites are owned and operated by independent retailers. U.S. Soccer does not endorse any of the merchandise on these Linked Sites. U.S. Soccer does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you agree to irrevocably waive any claim against us with respect to such Linked Sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You hereby irrevocably waive any claim against U.S. Soccer with respect to any claim arising out of any Linked Site.

PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website or Services. Accordingly, you agree that you will be solely responsible to U.S. Soccer for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify U.S. Soccer immediately at dataprotection@ussoccer.org.

TERMINATION/ACCESS RESTRICTION

U.S. Soccer reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the U.S. Soccer Website and the related services or any portion thereof at any time, without notice.

PERPETUITY RIGHTS

When these Terms of Use come to an end, all of the legal rights, obligations, and liabilities that you and U.S. Soccer have benefited from, been subject to (or which have accrued over time whilst the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

ADVERTISEMENT

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content or information stored on the Services, queries made through the Services or other information. The manner, mode, and extent of advertising by U.S. Soccer on the Services are subject to change without specific notice to you.

COPYRIGHT

All contents of the U.S. Soccer Website are: Copyright 2021 by U.S. Soccer and/or its suppliers. All rights reserved.

TRADEMARKS

U.S. Soccer maintains federal and state trademark registrations, and has common law rights, in certain trademarks and service marks. Some of these marks may appear on U.S. Soccer’s Website(s). All U.S. Soccer trademarks are proprietary to, and owned by U.S. Soccer, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any U.S. Soccer trademark without written authorization from U.S. Soccer. The use of any of these marks taken from U.S. Soccer’s Website(s) by you for any reason, including on any other web site or networked computer environment or for personal use, is strictly prohibited.

All other trademarks, service marks and logos used on this Website are the property of their respective owners.

Any rights not expressly granted herein are reserved.

RESTRICTIONS ON USE OF MATERIALS

This Website is owned and operated by U.S. Soccer. Any use of any of the materials on this Website other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material, or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other web site or networked computer environment, without a prior written consent from U.S. Soccer, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. No material from this Website or any web site owned, operated, licensed or controlled by U.S. Soccer may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of U.S. Soccer’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the Website, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by U.S. Soccer. U.S. Soccer does not transfer title to the Software to you. You own the medium on which the Software is recorded, but U.S. Soccer retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS

U.S. Soccer is pleased to hear from its loyal fans and welcomes your comments regarding U.S. Soccer products and services. Unfortunately, however, U.S. Soccer’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by the U.S. Soccer’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, at our request, you send certain specific submissions (e.g., postings to chatrooms, message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of U.S. Soccer. None of the Submissions shall be subject to any obligation of confidence on the part of U.S. Soccer, and U.S. Soccer shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, U.S. Soccer shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against U.S. Soccer relating to unsolicited submissions, including, but not limited to, unfair competition, copyright infringement, trademark infringement, breach of implied contract and/or breach of confidentiality.

LIABILITY DISCLAIMER

THIS WEBSITE THE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND U.S. SOCCER EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE OR THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT U.S. SOCCER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE SERVICES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. U.S. SOCCER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE U.S. SOCCER WEBSITE OR SERVICES AT ANY TIME.

U.S. SOCCER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE U.S. SOCCER WEBSITE OR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. U.S. SOCCER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADVICE RECEIVED VIA THE U.S. SOCCER WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL U.S. SOCCER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE U.S. SOCCER WEBSITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE U.S. SOCCER WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE U.S. SOCCER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE U.S. SOCCER WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF U.S. SOCCER (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE U.S. SOCCER WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE U.S. SOCCER WEBSITE.

INDEMNIFICATION

Except as prohibited by law, you will hold U.S. Soccer and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms of Use, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Website and Services; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website or Services.

INTERNATIONAL USERS

U.S. Soccer makes no claims regarding access or use of the Website, Services, or U.S. Soccer content outside of the United States. If you use or access the Website, Services or U.S. Soccer content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

GENERAL LEGAL TERMS

The Terms of Use constitute the whole legal agreement between you and U.S. Soccer and govern your use of the Website and Services (but excluding any services which U.S. Soccer may provide to you under a separate written agreement), and completely replace any prior agreements between you and U.S. Soccer in relation to the Website and Services.

You acknowledge and agree that the form and nature of the Website and Services, which U.S. Soccer provides, may change from time to time with or without prior notice to you.
As part of U.S. Soccer’s continuing innovation, you acknowledge and agree that U.S. Soccer may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at U.S. Soccer’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform U.S. Soccer when you stop using the Services.

You acknowledge and agree that if U.S. Soccer disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

Unless you have been specifically permitted to do so in a separate agreement with U.S. Soccer, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose, most especially including not sharing the data supplied by other U.S. Soccer members to law firms or other vendors who are not U.S. Soccer members. You agree that you are solely responsible for (and that U.S. Soccer has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which U.S. Soccer may suffer) of any such breach.

You agree that if U.S. Soccer does not exercise or enforce any legal right or remedy which is contained in the Terms (or which U.S. Soccer has the benefit of under any applicable law), this will not be taken to be a formal waiver of U.S. Soccer’s rights and that those rights or remedies will still be available to U.S. Soccer.

Unless U.S. Soccer has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or member access with non-members or ineligible members.

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and U.S. Soccer have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or U.S. Soccer (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the City of Chicago, Illinois USA and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the City of Chicago, Illinois USA. The arbitration requirement does not apply to requests solely for injunctive relief.

Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. The Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

These Terms of Use and any dispute arising hereunder shall be governed by the laws of the State of Illinois, USA, without regard to conflict of laws provisions. You and U.S. Soccer agree to submit to the exclusive jurisdiction of the courts located within the city of Chicago to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that U.S. Soccer shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

U.S. SOCCER COMPLIANCE REPORTING POLICY, PROCESS, AND HOTLINE

The link entitled “How to Report a Concern” explains U.S. Soccer’s procedures for reporting ethics, compliance and safety concerns, and the various channels available to report such concerns. It also details U.S. Soccer’s policy against retaliation for good faith reports.

U.S. SOCCER’S NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT - DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES

U.S. Soccer respects the intellectual property of others, and, particularly as to user-generated content in comments, discussion boards or in other user-contributed content, as applicable, we ask our users to do the same. If you believe your intellectual property rights have been violated, please let us know:

Notification must be submitted to the following Designated Agent:

U.S. Soccer Federation
General Counsel
303 E Wacker Drive Suite 1200
Chicago, IL 60601

To be effective, the notification must be a written communication that includes the following:

• Your address, telephone number and email address;
• Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit us to locate the material;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

These Terms are effective as of January 21, 2021.