Website Terms of Use

Last modified: March 1, 2021

Acceptance of the Terms of Use

These terms of use are entered into, by, and between you and the Yours in Soccer Foundation (“Foundation,” “we,” or “us“). The following terms and conditions govern your access to and use of www.yoursinsoccer.org (the “Website“), including any content, functionality, partner/student portals, and affiliated social media platforms offered on or through the Website whether as a guest, participating student, grantee or official partner.

Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://ysfpartners.ctwebdesign.co/privacy-policy/ incorporated herein by reference. If you do not want to agree to these Terms of Use or the Foundation’s Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 16 years of age or older. If you are under 16 years of age please ask your parent or guardian to assist you. If you do not meet all of these requirements, you must not access or use the Website. We reserve the right to withdraw or amend this Website, and any information and material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, logos, video, audio, and the design, selection, and arrangement thereof) are owned by the Foundation or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. You must not:

• Modify copies of any materials from this Website or any of its affiliated social media platforms
• Use any illustrations, photographs, videos, audio sequences, or graphics separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or any of its affiliated social media platforms

Trademarks

The Foundation’s full name, the Foundation’s logos, program names, materials, and slogans are trademarks of the Foundation. You must not use such marks without prior written permission of the Foundation. Any unrelated names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and its affiliated social media platforms for lawful purposes only and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation to, any laws regarding the export of data or software to and from the US or other countries)
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
• To transmit, or procure the sending of, any advertising or promotional material without the Foundation’s prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation.
• To impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and its affiliated social media platforms, or which, as determined by us, may harm the Foundation or users of the Website and its affiliated social media platforms, or expose them to liability.

Monitoring and Enforcement; Termination

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and its affiliated social media platforms. In addition, we may terminate or suspend your access to all or part of the Website for any or no reason including, without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and its affiliated social media platforms.

Reliance on Information Posted

The content presented on or through the Website and its affiliated social media platforms is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website and its affiliated social media platforms may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third-Party Functions and Features

Some features of this Website may be operated by third-parties. These third parties have their own separate privacy policies and terms of use. It is your responsibility to request access to these policies for careful review before submitting any personal information.

Social Media Features

This Website may provide links to certain social media features and platforms that enable you to:

• Link from your own or certain third-party websites to certain content on this Website
• Send emails or other communications with certain content or links to certain content on this Website
• Cause limited portions of content on this Website to be or appear to be displayed on your own or certain third-party websites

You may use these features solely as they are provided by us and with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you
• Cause the Website or portions of it to be displayed on or by any other site, for example, framing, deep linking, or in-line linking
• Link to any part of the Website other than the homepage
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

It will be left to our discretion to disable any or all social media features and any links at any time without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this

Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that the Foundation cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining means external to this Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR PLATFORMS ACCESSED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR PLATFORMS ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED OR PLATFORMS ACCESSED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES OR PLATFORMS LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and its affiliated social media platforms including, but not limited to, your user contributions, any use of the Website’s content and services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice or conflict of law provision or rule (whether of the state of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state of California, in each case located in the city of Menlo Park and County of San Mateo, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts.

Waiver and Severability

No waiver by the Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Foundation’s Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Yours in Soccer Foundation regarding the Website and its affiliated social media platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and its affiliated social media platforms.

Your Comments and Concerns

This website is operated by:

The Yours in Soccer Foundation
3000 Sand Hill Road
Building 1, Suite 240
Menlo Park, CA 94025
(415) 362-7677

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: kerri@yoursinsoccer.org