Terms of Service

NORTH AMERICAN SOCCER BUSINESS AND MEDIA AWARDS

Terms of Service

Last Modified: Nov. 8, 2023

Welcome to the website of North American Soccer Business and Media Awards, the only continental awards program that showcases and celebrates excellence and innovation specifically within North American soccer.  These Terms of Service (“Term of Service”), together with our Submission Terms and Conditions available at https://www.nasoccerawards.com/terms (“Submission Terms,” and, collectively with the Terms of Service, these “Terms”) explains the awards service and program provided by North America Soccer Business and Media Awards (“NA Soccer,” “we,” “our” or “us”), an operation of Summit Sports Ventures Inc.  These Terms explain the terms and conditions by which you may access and use our website and any content therein, submit nominations, and support our awards program (collectively, the “Services”).  By accessing or using our Services, including submitting any award nominations (each, a “Submission” and collectively, “Submissions”), you signify that you have read, understood, and agree to be bound by these Terms.  You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Notice available at https://www.nasoccerawards.com/privacy (“Privacy Notice”).  We reserve the right to modify these Terms and will provide notice of these changes as described below. These Terms apply to all visitors, submitters, and others who access and use our Services (collectively, “Users” and each a “User,” “you,” or “your”). 

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS PROVIDED, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

Please note that if you are an individual and you access or use our Services on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (i) these Terms are an agreement between us and you and us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have that authority, you may not access or use our Services on behalf of such Organization); (iii) your acceptance of these Terms will bind such Organization to these Terms; (iv) your individual right to access and use our Services may be suspended or terminated if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (v) we may disclose information regarding you and your use of our Services with such Organization; and (vi) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for our Services using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of our Services (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using our Services on behalf of that Organization in our sole discretion.

  1. Our Services: Awards Program.

    1. NA Soccer is pleased to provide the preeminent awards platform and awards program exclusively focused on recognizing the best in North American soccer.  The North American Soccer Business and Media Awards (“SBMAs”) are the only continental awards program that showcases and celebrates excellence and innovation specifically within North American soccer. This sport touches every aspect of North American culture, featuring numerous professional leagues to expansive youth development programs to increasing broadcast and media content investments, and deserves an industry-specific awards platform to recognize its excellence. The SBMAs recognize the individuals and organizations who have elevated the standards across all functions within the expansive field of soccer business and media in North America. Through their talent, hard work, and commitment, they are the contributors to the growth, progress and success of soccer in this region, and we are honored to recognize and celebrate their achievements.

    2. Users.

This is a contract between you and NA Soccer. You must read and agree to these Terms before using our Services. If you do not agree, you may not use our Services. You may use our Services only if you can form a legally binding contract with us (and on behalf of your Organization, as applicable), and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. To use our Services, you must be at least thirteen (13) years of age. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms. If you are a minor (which is under the age of eighteen (18) in most states), you may use our Services only with the involvement of a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent and warrant that you have your parent or guardians permission to use our Services and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use our Services, you are subject to these Terms and responsible for your child’s activity on our Services. Our Services are not available to any Users we previously removed from our Services at any time and for any reason.

  1. Changes, Suspension, and Termination. 

We may, without prior notice, change our Services in whole or in part, stop providing our Services in whole or in part or features of any of our Services to you or to Users generally, or create usage limits for our Services applicable to Submissions. We may permanently or temporarily terminate or suspend your access to our Services without notice and liability, without cause or for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination for any reason or no reason, you will continue to be bound by these Terms. 

  1. Submissions.

We are grateful for the thoughtful Submissions to the SBMAs.  Categories of awards include Venue and Events, Content and Media, Team Awards, Marketing, Sponsorship, and People.  More details about the SBMAs, the nomination process, criteria, and other details governing Submissions can be found in the Submission Terms available at https://www.nasoccerawards.com/terms. 

  1. Judges, Judging Information, and the Judging Process.

NA Soccer is honored to have a distinguished panel of judges to review Submissions and select winners of the SBMAs.  The judges panel is made up of top industry leaders from around the world who have extensive experience and knowledge in the soccer business and media industry.  Our judging process is guided by the principles of fairness and impartiality, and we strive to recognize excellence in all forms.  Additional information about our judges, including details of the judging process, can be found on our site at https://www.nasoccerawards.com/judging-process.

  1. Sponsorship

If you are interested in sponsoring any of our awards events, please contact us at info@nasoccerawards.com.  We would appreciate the chance to discuss opportunities with you.

  1. Use of Our Services and Related Restrictions. 

    1. Access to our Services and Website. 

Subject to your compliance with these Terms, you may access our website and use our Services for your own business purposes or personal use, as applicable, except as may be limited by your Organization as described above, all in accordance with these Terms and associated documentation we provide you, if any. 

  1. Limited License. 

Subject to your compliance with these Terms, we grant to you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable right and license to use our website and the content related to the Services solely as reasonably necessary for your use of our Services in accordance with these Terms.

  1. Restrictions and Acceptable Use.

Except to the extent a restriction is prohibited by law, in using our Services in whole or in part, you agree not to do, and not to assist, permit or enable any third party to do, any of the following:

  1. disassemble, reverse engineer, decode or decompile any part of our Services;

  2. use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record our Services or to access the Services in a manner that sends more request messages to NA Soccer servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that NA Soccer grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

  3. copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter or create derivative works of any part of our Services or any of our Intellectual Property (defined below) including without limitation by any automated or non-automated “scraping”;

  4. use our Services in any manner that impacts (i) the stability of our servers, (ii) the operation or performance of our Services or any User’s use of our Services, or (iii) the behavior of other applications using our Services;

  5. use our Services in any manner or for any purpose that (i) violates or promotes the violation of any applicable law, regulation, legal requirement, contractual obligation or right of any person including, but not limited to, intellectual property rights, rights of privacy, or rights of personality, (ii) is fraudulent, false, deceptive or defamatory, (iii) promotes hatred, violence or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us, our providers, our suppliers, our Users, or any other third party; 

  6. use or display our Services in competition with us, to develop competing products or services, for benchmarking or competitive analysis of our Services, or otherwise to our detriment or disadvantage; 

  7. access any content on the Services through any technology or means other than those provided or authorized by the Services;

  8. bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

  9. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Services; 

  10. transmit spam, chain letters, or other unsolicited email;

  11. use the Services for any commercial solicitation purposes;

  12. transmit invalid data, viruses, worms or other software agents through our Services; 

  13. impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Services for any invasive or fraudulent purpose; 

  14. collect or harvest any personally identifiable information, including account names, from the Services;

  15. share passwords or authentication credentials for our Services, if applicable, or otherwise circumvent the measures we may use to prevent or restrict access to our Services or enforce limitations on use of our Services; or

  16. identify or refer to us or our Services in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent.

  1. Terms Applying to Your Content.

As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through our Services, including all Intellectual Property Rights therein (“Your Content”), including without limitation any materials related to a Submission. For an organizational account, we may assume, in our sole discretion, that all of Your Content belongs to that Organization or its licensors.

WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR CONTENT. However, you understand that certain portions of our Services may allow other Users to view, edit, share, and/or otherwise interact with Your Content. By providing or sharing Your Content through our Services, you agree to allow others to view, edit, share, and/or interact with Your Content in accordance with these Terms. You agree to mark any sensitive or proprietary content as confidential prior to making such content available to any other User. We have the right (but not the obligation) in our sole discretion to remove any of Your Content that is shared via our Services, including as you may provide in connection with a Submission. You hereby grant each User a non-exclusive license to access Your Content through our Services, and to use, reproduce, distribute, display and perform Your Content, which you make available to each such User through our Services.

You further grant, and you represent and warrant that you have all rights, including all Intellectual Property Rights, necessary to grant, to us an irrevocable, perpetual, transferable, sublicensable (through multiple tiers, including to our judges), fully paid up, royalty-free, and worldwide right and license to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works based on, and display (A) Your Content: (i) to maintain and provide our Services, including in connection with any awards program we may offer in any form or format and the promotion therefor; (ii) solely in de-identified form, to improve our products and Services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (iii) to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of our Services; and (B) any trademarks, service marks, logos, and slogans included in any of Your Content for us to provide our Services, including in connection with any awards program that we may offer in any form of format and the promotion therefor. 

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with Your Content, and without limiting anything else in these Terms, you affirm, represent and warrant to us the following:

• You have the written consent of each and every identifiable natural person in Your Content, if any, to use such persons name or likeness in the manner contemplated by our Services and these Terms; each such person has released you from any liability that may arise in relation to such use; and our use of Your Content as contemplated herein does not and will not violate the rights of publicity or rights of privacy of any such identifiable natural person;

• You have obtained and are solely responsible for obtaining all consents as may be required by law to post any of Your Content relating to third parties, including in any Submission;

• Your Content and our use thereof as contemplated by these Terms and our Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;

• Your Content does not include any information or material that a governmental body deems to be sensitive or classified information, and by providing Your Content to or through our Services, you are not violating the confidentiality rights of any third party; and

• We may exercise the rights to Your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

• You will not upload or make available through our Services, including in any Submission: nudity or other sexually suggestive content; hate speech, threats or direct attacks on an individual or group; abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any persons personal information without their consent; and/or spam, machine-generated content, or unsolicited messages.

• To the best of your knowledge, all Your Content and other information that you provide to us is truthful and accurate.

WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR CONTENT THAT YOU OR ANY OTHER USER OR THIRD-PARTY POSTS, SENDS, OR OTHERWISE MAKES AVAILABLE OVER OUR SERVICES. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING, PUBLISHING IT, SHARING IT, OR OTHERWISE MAKING IT AVAILABLE ON OUR SERVICES, INCLUDING AS PART OF A SUBMISSION, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR CONTENT. YOU UNDERSTAND AND AGREE THAT ON OUR SERVICES YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY CONTENT ACCESSED ON OR THROUGH OUR SERVICES.

  1. Our Intellectual Property.

You acknowledge and agree that our Services, and all materials and content displayed or made available on our Services, other than Your Content, and all technology and intellectual property underlying and included in or with our Services, and all Intellectual Property Rights in all of the foregoing throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors (including other Users), as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license to you in or under any Intellectual Property Rights, and you agree and represent and warrant to us that you will not and will not direct any third party to, to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to, or we may invite you to submit, comments, feedback or ideas about our Services, including without limitation about how to improve our Services, including our awards program (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place NA Soccer under any fiduciary or other obligation, we will own such Feedback, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

  1. Payments.

    1. Fees for Our Services. 

Generally, our Services are provided for free except for (a) tickets to any of our awards events, (b) fees associated with your Submission(s), and (c) any merchandise or other tangible products that we may make available for sale on our website from time to time. Unless stated otherwise at the time of purchase, payment obligations are non-cancelable once incurred. Except as expressly stated in these Terms or at the time of purchase, fees paid are non-refundable. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your purchases, except for those taxes based on our net income.

  1. Payment Information. 

We use a third-party payment processor (“Payment Processor”), currently Paypal, Inc., to process payments you make in connection with the Services. We or our Payment Processor will attempt to verify the payment method you provide, and may do so by processing an authorization hold, which is standard practice. Please see Payment Processor’s privacy statement available on its website for information on how Payment Processor collects and uses personal information. Payment must be received by Payment Processor before our acceptance of an order, including any tickets for an awards event, and you must use one of the payment methods accepted by the Payment Processor. We do not view or store your full credit card or other payment method information. For all payments, Payment Processor will collect your payment method details and charge your chosen payment method in connection with an order. You acknowledge and agree that we are not responsible for any breaches of credit card or other payment method security or privacy.

You represent and warrant that: (i) the account, order, and payment method information you supply to us or Payment Processor, as applicable, is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) you will pay any charges that you incur in connection with the Services, including any applicable taxes; (iv) charges incurred by you will be honored by your payment method company; and (v) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any.

If your order or payment method information changes, you agree to promptly update this information, so that we or Payment Processor may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third-party in connection with your use of the Services.

  1. Refunds.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, UNLESS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES MADE ON OUR SERVICES. 

  1. Text Messaging

    1. You expressly consent and agree that NA Soccer can contact you using written, electronic, or verbal means, including by manual dialing, emails, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. 

    2. We offer you the chance to enroll to receive recurring SMS/text messages from NA Soccer. You may enroll to receive text messages about account-related news and alerts and/or marketing and Promotional Offers for NA Soccer products and services. By enrolling in the NA Soccer SMS/text messaging service, you agree to receive text messages from NA Soccer to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. NA Soccer is not responsible for any delays upon sending or receiving text messages. 

    3. To unsubscribe from text messages at any time, reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any text message you receive from NA Soccer. You consent that following such a request to unsubscribe, you may receive one final text message from NA Soccer confirming your request. For help, contact us at info@nasoccerawards.com.

  2. Your Use of Third-Party Services.

OUR SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES, MATERIALS AND SERVICES (“THIRD-PARTY SERVICES”) THAT ARE NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITY OF OUR SERVICES MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS AND CONDITIONS AND PRIVACY POLICY MADE AVAILABLE ON OR AGREED IN CONNECTION WITH THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM OUR SERVICES OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING WITHOUT LIMITATION CONTENT SUBMITTED BY OTHER USERS. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OUR SERVICE, IF ANY, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

  1. Indemnity.

You agree to defend, indemnify and hold us and our affiliates, agents, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your access to or use of our Services; (ii) your violation of any aspect of these Terms, including without limitation your breach of any of your representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) Your Content (including any Submission), including without limitation any misleading, false, or inaccurate information in Your Content, and our use of Your Content as contemplated in these Terms; or (vi) your willful misconduct in connection with the Services (including any Submission).

  1. No Warranty; Disclaimers.

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICES OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICES. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

FURTHER, NA SOCCER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND NA SOCCER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES; AND/OR (VII) YOUR CONTENT, DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 

IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.

    1. Governing Law. 

You agree that: (i) we will be deemed solely based in the State of California; and (ii) our Services will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in these Terms and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Los Angeles, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other Intellectual Property or proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

  1. Arbitration. 

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of our Services, including receipt of any advertising, marketing, or other communications from us; (iii) any transactions through, by, or using our Services; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms. 

If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at info@nasoccerawards.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. 

For any Claim, you agree to first contact us at info@nasoccerawards.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or Los Angeles, California, unless you and we agree otherwise. If you are using our Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

  1. Class Action/Jury Trial Waiver. 

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. 

  1. DMCA Notice.

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work that you claim has been infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on our Services;

  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent using the following contact information:

Summit Sports Ventures Inc.

Address: 4004 Linden Ave, Long Beach, CA 90807

Email: info@nasoccerawards.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying NA Soccer and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with NA Soccer’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Services of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

  1. Our Publicity Rights. 

We may identify you as a User in our promotional materials. We will promptly stop doing so upon your request sent to info@nasoccerawards.com. 

  1. General Provisions.

    1. Assignment. 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

  1. Notification Procedures and Changes to these Terms. 

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Notice. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the last modified date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of our Services effective as of the start of your access to or use of our Services, even if such access or use began before publication of these Terms. Your continued use of our Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or any future Terms, do not use or access (or continue to access) our Services.

  1. Entire Agreement/Severability. 

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Services, will constitute the entire agreement between you and us concerning our Services. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Services. Except as otherwise stated in the Arbitration provision of this Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. 

  1. No Waiver. 

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

  1. Contact. 

If you have any questions about these Terms, please contact us at info@nasoccerawards.com.