PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY FORM A BINDING AGREEMENT.
WHO WE ARE
Welcome, and thank you for your interest in the Soccer Stars family of physical classes and digital programs.
Super Soccer Stars, LLC dba Soccer Stars (together with our affiliates and subsidiaries, “Soccer Stars”, “we”, or “us”) provides physical programs (“Physical Instruction”), digital programs (e.g. Soccer Stars @HOME and Soccer Stars Live Stream) (“Digital Instruction”) and related products, services and content through: (i) regional Soccer Stars websites (the “Soccer Stars Websites”), (ii) mobile, desktop, or device applications (e.g. Soccer Stars Skills + Drills) (the “Soccer Stars Apps”), and (iii) Soccer Stars-controlled social media accounts (e.g. Facebook, Instagram, Twitter) (the “Soccer Star Social Media Accounts”). The services provided by Soccer Stars whether provided through the Physical Instruction, Digital Instruction, Soccer Stars Sites, Soccer Stars Apps and Soccer Stars Social Media Accounts, shall be collectively referred to as the “Soccer Stars Services” or “the Services”.
By visiting, browsing, or using the Soccer Stars Service in any way, including purchasing Services, you (also referred herein to as a “user”) accept and agree to be bound by the terms and conditions set forth in this Terms of Service (“Terms”). By purchasing Services, or by accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to abide by these Terms, which form a binding agreement between you and us.
If you are not eligible to access or use the Services, or you do not agree to any of these Terms, then you do not have our permission to access or use the Soccer Stars Services.
OTHER APPLICABLE TERMS
These Terms refer to and incorporate the following additional documents/terms, which also apply to your use of the Service:
our Digital Program Enrollment Agreement which can be reviewed when purchasing Services;
any special terms which apply to particular product and service offerings (“Special Terms”). You will be notified of such Special Terms and your use of such product and service offerings will be subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Any inconsistency between these Terms and the Special Terms, the Special Terms will to that extent take precedence); and
all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services from time to time.
CHANGES TO THESE TERMS
At any time, we may amend these Terms in our sole discretion. If a change to these Terms materially modifies your rights or obligations, Soccer Stars will make reasonable efforts to notify you of the change, including without limitation, by posting the updated Terms on the Soccer Stars Websites, a message sent to your email address, if you have one on file, or the Services may generate a pop-up or similar notification when you log in for the first time after such material changes are made. Immaterial modifications are effective upon publication. Material modifications are effective 30 days after they are made available through the Services, except that disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your continued use of the Services after revised Terms have become effective indicates that you have read, understood, and agreed to the revised version of these Terms. If you don’t agree to be bound by the updated Terms, then you may no longer use the Services anymore.
ELIGIBILITY AND AUTHORITY
You must be at least 18 years of age, or the age of legal majority in your jurisdiction of residence, to purchase Services for your child/children. By agreeing to these Terms, you hereby agree to the waiver and release set forth in these Terms and that you represent and warrant that: (a) you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence); (b) you are the child/children’s participant’s parent/guardian, (c) you will accompany and monitor your child’s use of the Services, (d) you have not previously been suspended or removed from the Services; and (e) your registration and your use of the Service is in compliance with all applicable laws and regulations applicable to you. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. The right to access and use the Services may be revoked at any time where these Terms and/or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
For so long as you are in compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, we grant you a limited, non-transferable, non-exclusive, non-assignable, revocable right and license to access and use the Services for your child’s personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Services and the right to download copies of any related applications for your personal, non-commercial home use only. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Services is strictly prohibited. You agree to not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services. You agree that you will not take any actions that will interfere with or damage the Services. Licenses granted herein are subject to you keeping intact all copyright and other proprietary notices contained in any materials we provide to you. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Soccer Stars. All rights not expressly granted to you herein by Soccer Stars in these Terms are reserved.
Some of the Services provided by Soccer Stars require a subscription to access such Services. If a subscription for a Service is required (a “Subscription”) you will be required to enter into a Digital Program Enrollment Agreement for such Subscription at the time you purchase such Subscription. Subscription requirements and fees are set forth on the Soccer Stars Websites and and/or by other means through the Services. Features and prices are subject to change. Physical Instruction is subject to additional fees that are separate from the Subscription fees. Physical Instruction participants are not required to have a Subscription.
SALE OF PRODUCTS
By using the Services, you agree not to:
use the Services for any illegal purpose or in violation of any local, state, national, or international law;
use the Services in connection with research, development, or offering any service that competes with the Services;
obtain, attempt to obtain, or redistribute any Materials (defined below) or information available through the Services through any means not intentionally made available by Soccer Stars, including by any form of automated access, scraping, or similar process, without Soccer Stars’ express written permission;
infringe, misappropriate, violate, or encourage others to infringe, misappropriate, violate, any right of a third party, including by infringing or misappropriating third party intellectual property rights or rights of publicity or privacy;
post, upload, submit or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive or inappropriate;
interfere with security-related features of the Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service, except to the extent that the activity is expressly permitted by applicable law notwithstanding this limitation;
interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Services; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this section or assist or permit any person to engage in any of the acts described in this section.
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
CHANGES TO THE SERVICE
We reserve the right to modify or discontinue all or any part of the Services at any time (including by limiting or discontinuing certain features of the Service and modifying Content), temporarily or permanently, without notice to you, at our sole discretion.
CLOSING YOUR ACCOUNT
You may close your account at any time by contacting customer service at email@example.com.
These Terms begin on the date you first use the Services and continue as long as you have an account with us and/or continue to use the Services. We may, in our sole discretion, suspend, disable, or end your rights under these Terms (including account deletion) immediately and without notice if:
we determine, in our sole discretion, that the continued attendance of your child in the Services is not in the best interest of the child or the Services;
you violate any provision of these Terms;
your conduct or User Content would tend to damage our reputation or goodwill;
we no longer provide any part of the Services;
we suspect or become aware that your use of the Services is unsuitable, for example in circumstances where we suspect or become aware of fraud, misrepresentation or conduct designed to mislead us; or
for reasons outside our control.
You acknowledge and agree that if we end your rights under these Terms, we may immediately deactivate or delete your account and all related information in your account and you must immediately stop all activities authorized by these Terms, including your access to and use of the Service. Further, you agree that, to the extent permitted by applicable law, neither Soccer Stars nor Seller will be liable to you or any third party for any termination of your access to the Service. If we delete your account, you may not re-register for or use the Services under any other username or profile and we reserve the right to block your access to the Services to prevent re-registration.
Upon termination of these Terms all licenses granted to you herein will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Release, Ownership; Proprietary Rights, Dispute Resolution and Arbitration, Governing Law, and all general provisions.
In the event of account deletion for any reason, User Content may no longer be available and Soccer Stars is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all physical and digital classes and any other Content or features provided through the Services.
Release. You grant Soccer Stars and its agents the right to take and utilize photographs, videos, or any type of recordings of participating child/children and their parents, caregivers, or anyone accompanying them while engaged in the Services. You consent to Soccer Stars’ use of any and all such photographs, videos, or recordings of you and your child/children for advertising, promotional, or related purposes, and waive all rights to compensation and other rights which may arise as a result (including any rights under N.Y. Civil Rights Law 50 and other similar state laws).
License. “Content” means messages, reviews, photos, audio, video, music, images, text, graphics, software and other types of works of authorship of any kind, and information or other materials posted, generated, provided or otherwise made available through the Services. “User Content” means any content that users (including you) provide to be made available through the Services. Content includes, without limitation, User Content. Certain features of the Services may permit users to upload User Content to the Service or to publish User Content on the Service, and from time to time users send User Content directly to us or post it on our social media. By uploading, posting, publishing or sending us your User Content, you: (i) represent that you own (or have all rights necessary to grant Soccer Stars the rights below to) all User Content that you submit to the Services, and that Soccer Stars will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content, and (ii) you grant Soccer Stars a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, perpetual, royalty-free, fully-paid right and license to host, store, transfer, display, publicly perform, reproduce, edit, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, on the Soccer Stars Website or otherwise in connection with the Service for any purpose whatsoever, commercial or otherwise, without compensation to you. You are solely responsible for your User Content and the consequences of uploading, posting, publishing or sending us your User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content and grant Soccer Stars the right to make derivative works from your User Content (including, without limitation, translations). You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Soccer Stars may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Soccer Stars with respect to User Content, to the fullest extent permissible pursuant to applicable law. We expressly disclaim any and all liability in connection with User Content, to the fullest extent permissible pursuant to applicable law.
If you choose to provide input and suggestions regarding the Service (“Feedback”), then you hereby grant Soccer Stars an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, and without any notice, compensation or other obligation to you.
THIRD-PARTY SERVICES AND LINKED WEBSITES
Soccer Stars may provide tools through the Services that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Soccer Stars with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. In addition, there may be links on the Services that let you leave the particular Services you are accessing in order to access a linked site that is operated by a third party. Soccer Stars does not control or endorse any such third party sites, nor has Soccer Stars reviewed, approved or is in any way responsible for the content that appears on them and you acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites and/or any third party service’s use of any of your information exported to such third party sites.
OWNERSHIP; PROPRIETARY RIGHTS
The Services are owned and operated by Soccer Stars. You acknowledge and agree that the visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, programs, classes, services, and all other elements of the Services (“Materials”) provided by Soccer Stars are protected by intellectual property and other laws. All Materials contained in the Services are the property of Soccer Stars or our third-party licensors. Except as expressly authorized by Soccer Stars, you may not make use of the Materials. Soccer Stars or our third-party licensors reserve all rights to the Materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the Services, and you agree to indemnify and hold Soccer Stars and its officers, directors, shareholders, employees, agents, attorneys, successors and assigns harmless from and from and against any and all direct and/or third-party claims, liabilities, damages, demands, causes of action, judgments, settlements, costs and expenses (including, without limitation, reasonable outside attorney’s fees and court costs), arising out of or related to: (i) your breach of any of your representations and warranties contained herein, (ii) any acts, whether by omission or commission, by you, which may arise out of, in connection with, or is any way related to, the Services, (iii) any User Content submitted by or on behalf of you, (iv) your violation of these Terms and (v) your violation of any applicable law or regulation.
DISCLAIMERS; NO WARRANTIES
You are responsible for providing your own access to the Services (e.g., computer, mobile device, Internet connection, etc.). Soccer Stars has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Services is suitable for all users or that it will continue to be available for any length of time.
THE SERVICE, ALL MATERIALS AVAILABLE ON OR VIA THE SERVICE, AND ALL ITEMS OFFERED FOR SALE OR SOLD THROUGH THE SERVICE, ARE PROVIDED “AS IS” AND ON “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCCER STARS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, AND (C) ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE AND YOUR CHILD’S USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, SOCCER STARS MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICES ARE OR WILL BE PERMITTED IN YOUR JURISDICTION AND WILL BE UNINTERRUPTED OR ERROR-FREE; (B) CONCERNING ANY CONTENT, INCLUDING USER CONTENT AND CONCERNING ANY THIRD PARTY’S USE OF USER CONTENT THAT YOU SUBMIT; AND (C) CONCERNING THIRD PARTY WEBSITES, EVEN IF LINKED TO FROM THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) SOCCER STARS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, ECONOMIC OR PURE ECONOMIC LOSSES, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, INABILITY TO USE THE SERVICES OR CONTENT OR OTHER INTANGIBLE LOSSES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND (II) SOCCER STARS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SOCCER STARS OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF SOCCER STARS LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between Soccer Stars and you. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
You certify that your child has no known medical or other conditions that could interfere with his/her participation in the Services, Soccer Stars’ activities and/or any programs conducted by Soccer Stars. You also understand and accept that the practice of soccer, whether on a public site or in one’s home, involves certain risks of physical injury. Therefore, you, individually and on behalf of my child, hereby release, discharge, and hold harmless Soccer Stars and each of its respective parent, subsidiaries, and affiliated companies, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees (hereinafter, the “Released Parties“) from any and all claims, actions, damages, losses, liabilities, costs and expenses of any kind whatsoever, including but not limited to any claims of negligence, arising out of, resulting from, by reason of, or in connection with my child’s participation in the Services, Soccer Stars’ activities and/or any programs conducted by Soccer Stars. You agree that you will not bring or be a party to any legal action or claim against the Released Parties, or any of them, based upon or arising out of your child’s participation in in the Services, Soccer Stars’ activities and/or any programs conducted by Soccer Stars on any legal theory whatsoever (including without limitation personal injury, negligence, rights of privacy and publicity, or defamation).
In the event that you have a dispute with Soccer Stars regarding the Services, Soccer Stars’ activities and/or any programs conducted by Soccer Stars regardless of the nature of such dispute, to the maximum extent permitted by applicable law you release Soccer Stars and each of its respective parent, subsidiaries, and affiliated companies, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees, from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE HEALTH AND FITNESS INFORMATION PROVIDED IN THE SERVICES IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND THE USE OF SUCH INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING YOUR CHILD ON A NEW FITNESS PROGRAM.
DIGITAL MILLENNIUM COPYRIGHT ACT
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Round Star NY, LLC
606 Columbus Ave, 2nd Floor
New York, NY 10024
ATTN: Legal Department (Copyright Notification)
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. Soccer Stars will promptly terminate without notice the accounts of users that are determined by Soccer Stars to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
DISPUTE RESOLUTION AND ARBITRATION
Generally. In the interest of resolving disputes between you and Soccer Stars in the most expedient and cost-effective manner, you and Soccer Stars agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SOCCER STARS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions and Opt-Out. Despite the provisions of the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. You have the right to opt out of arbitration entirely and litigate any disputes between you and Soccer Stars if you provide us with written notice of your desire to do so by regular mail sent to the attention of Legal at the Soccer Stars address set out in the “Notices” section below within 30 days following the date you first agree to these Terms.
Process. In the event that you and Soccer Stars are unable to resolve a dispute after meeting and attempting in good faith to reach a negotiated resolution, such dispute shall first be mediated by a retired judge or justice of any New York state or federal court. If the parties are unable to agree upon a mediator, either party may apply to the New York office of JAMS/Endispute, or its successor (“JAMS”) for the appointment of a mediator from a panel of retired judges and justices maintained by that organization.
If the Parties are unable to resolve their dispute by mediation, then either party may initiate arbitration of such dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedure in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New York County, New York before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any New York state or federal court. If either Party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other Party may enforce the final award in any court of competent jurisdiction in New York County.
Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard in a court of competent jurisdiction in New York County. If a Party believes in good faith that all or part of a dispute, or any claim for relief or remedy sought, is not subject to arbitration under then-prevailing law, then that Party may seek a determination to that effect from an appropriate court. If the court determines that the matter is not arbitrable or that the remedy sought is not available in arbitration, then the specific matter or request for remedy in question may be resolved by the court. All other matters and claims for relief shall be subject to arbitration as set forth above.
No Class Actions. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AND SOCCER STARS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Soccer Stars agree otherwise, neither JAMS nor the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding for any purpose.
Modifications. If Soccer Stars makes any future change to this arbitration provision (other than a change to Soccer Stars’ address for Notice), you may reject the change by sending us written notice within 30 days of the change to Soccer Stars’ address for Notice, in which case your account with Soccer Stars will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If the “No Class Actions” section above is found to be unenforceable or if the entirety of this “Dispute Resolution and Arbitration” section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in section will govern any action arising out of or related to these Terms.
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Soccer Stars agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Except as explicitly stated otherwise, legal notices will be served on Soccer Stars by registered mail sent to Round Star NY, LLC, 606 Columbus Ave, 2nd Floor, New York, NY 10024 Attn: Legal. Legal notices will be served on you by the email address you provide during the registration process if you are a registered user or by posting through the Service if you are not. Notice by email will be deemed given 24 hours after email is sent, unless Soccer Stars is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing (to US addresses) or seven days after the date of mailing (for non-US addresses). Notice by posting on the Service will be deemed given 30 days after it is initially posted.
You consent to receive all communications including notices, agreements, disclosures, or other information from Soccer Stars electronically. We may communicate with you by email or by posting to the Services.
You may contact us by:
writing to us at the address in the Legal Notices section;
emailing us at firstname.lastname@example.org; or
calling us at +1 (212) 877-7171
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, epidemic, pandemic, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
In the event of a conflict between any policies posted on the Services and these Terms, these Terms will control. These Terms represents the entire understanding between Soccer Stars and you regarding the Services or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except as expressly permitted above, these Terms may be amended only by a written agreement by the parties.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by an arbitrator and/or any court of competent jurisdiction, that term will be deleted from these Terms. No failure or delay by Soccer Stars in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Soccer Stars. Soccer Stars’ rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Soccer Stars’ prior written consent. Soccer Stars may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. Nothing herein shall give or is intended to give any rights of any nature to any third party.
Last Updated: April 3, 2020