Effective as of December 1, 2025
INTRODUCTION
Welcome to the digital services offered by Elevate ItSoccer LLC and its affiliates and subsidiaries (“Elevate It Soccer” or “we”).When you visit or use www.elevateitsoccer.com or any other online site, mobile application,service, or product that references these Terms and Conditions of Use(collectively, the “Services”), you are agreeing to be bound by these Terms andConditions of Use and by our Privacy Policy (collectively, the “Terms andConditions”). If you do not agree withthe Terms and Conditions, you may not use theServices.
PLEASE READ THE TERMS AND CONDITIONSCAREFULLY BEFORE USING OUR SERVICES. THEY CONTAIN IMPORTANT INFORMATION ABOUTYOUR RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES, DISCLAIMERSOF LIABILITY.
THE TERMS AND CONDITIONS ARE SUBJECTTO CHANGE AS SET FORTH HEREIN.
1. Revisions
Elevate It Soccer reserves the right to change, suspendand/or discontinue, at any time, any aspect or feature of our Services,including without limitation content, hours of availability and equipmentneeded for access or use. We alsoreserve the right to change or modify the Terms and Conditions applicable toyour use of our Services, or any part thereof, or to impose new conditions, atany time. All such changes will takeeffect immediately after they have been posted on our Services. If Elevate It Soccer makes material changes tothese Terms and Conditions, Elevate It Soccer will provide you with notice ofsuch changes, such as by sending an email to the email address associated withyour account, posting a notice on the Services or updating the date at the topof this Agreement. Your continued use ofthe Services after any such changes will confirm your acceptance of thethen-current version of this Agreement. If you do not agree with any such changes, youmust immediately discontinue your use of the Services. You should review this page from time to time,so you are aware of any changes, as they are binding on you.
2. Privacy Policy
All users of the Services must review our Privacy Policy prior to use. By using the Services, you indicate that youhave reviewed and understand the information outlined in our Privacy Policy.
3. Intended Audience
OUR SERVICES ARE NOT INTENDED FOR USE BY CHILDREN UNDER13 YEARS OF AGE. Parents are intendedprimary users of the Services. Parentsmay permit their child to use their login credentials only if the child is 13or older. Parents are fully responsiblefor use by their child. Elevate ItSoccer understands that protecting the privacy of young children is important. For that reason, children under the age of 13may not use the Services. If you use theServices, you affirm that you are at least 13 years old.
4. Registration
You may be asked to register on or through our Servicesto participate in or receive various services offered by Elevate It Soccer. The availability of these services may vary,and, in the future, we may add other services that may be accessed through ourServices. While your use of our Servicesis subject to the Terms and Conditions, other services offered by Elevate ItSoccer may be subject to additional terms and conditions.
When you register, you will select a username andpassword. You are responsible for maintaining under your username and password,whether or not authorized by you. Youmay not share your username and password with or authorize others to use yourusername and password. You agree toimmediately notify Elevate It Soccer of any unauthorized use of your usernameand password. You further agree not toadopt an inappropriate username of any kind.
When you register, and in order toaccess some services and/or features on or through our Services, such as whenyou request to contact us or when you subscribe to an email newsletter, youmay be required to provide us with personal information, such as your name,email address, mailing address, phone number and the like. Any personal information provided by you orgathered by Elevate It Soccer or third parties during any visit to our Serviceswill be subject to the terms of our Privacy Policy. Byregistering on our Services, you agree to provide accurate and currentinformation about yourself as prompted by theregistration pages and to maintain and promptly update your information to keepit accurate and current.
5. Your Use of Our Services
You agree that you will not:
· Use Elevate It Soccer’sServices in any way that may lead to the encouragement, procurement or carryingout of any illegal or criminal activity.
· Use our Services to violateany applicable law.
· Use our Services or anyinformation obtained from our Services (including another user’s UserMaterials) for any purpose other than your personal and non-commercial userelated to any of the services offered by us or our affiliates – companies thatcontrol, are controlled by, or are under common control with Elevate It Soccer.
· Sell or transfer anyinformation obtained from our Services (including another user’s UserMaterials) to a third party.
· Obtain or attempt to obtainany materials, documents or information through any means not purposely madeavailable through our Service, including using any robot, spider, data miner,AI technology or service, or other automated or semi-automated means to extractor gather data from the Services for any purpose, including, withoutlimitation, training a large language model or similar system.
· Penetrate or attempt topenetrate the security measures protecting our Services, including withoutlimitation, by hacking, password “mining” or any other illegitimate means.
· Probe, scan or test thevulnerability or security of our Services.
· Frame or utilize framingtechniques to enclose any portion of our Services.
· Intentionally disrupt theoperation or functionality of our Services.
· Fail to act in the bestinterest of athletes when, if you are club or high school staff withadministrative access tools that provide them access to athlete accounts, usingthose tools. This includes but is notlimited to respecting the privacy of athlete information and using the tools topromote the best interests of the athlete and their athletic development.
You further agree that you will not use ourServices to:
· Impersonate another person,whether actual or fictitious, including without limitation impersonating any ElevateIt Soccer employees or consultants.
· Post, disseminate, submit,transmit, host, share and/or publish material that is unlawful, harassing,defamatory, abusive, threatening, obscene, harmful, tortuous, libelous orinvasive of another’s privacy, or that encourages conduct that would be considereda criminal offense, give rise to civil liability, violate any law, or isotherwise inappropriate.
· Transmit viruses, “Trojanhorses,” chain letters, junk mail, “spam” or bulk communications of any kind.
· Post, disseminate, submit,transmit, host, share and/or publish advertisements or solicitations ofbusiness.
· Post, disseminate, submit,transmit, host, share and/or publish material that is protected by copyright,trade secret, patent, trademark and/or other proprietary rights, includingwithout limitation privacy and publicity rights, unless you are the owner ofsuch rights, or you have written permission from the rightful owner of suchrights, and you grant us a license, consent and release with respect to suchmaterial as provided in the Terms and Conditions.
6. Code of Conduct
As an athlete, parent, coach, or other user of theServices, you understand that Elevate It Soccer’s ability to assist you couldbe jeopardized by conduct unbecoming of an athlete, parent or coach, includingconduct that is harassing, racist, criminal, or otherwise inappropriate, inwhatever forum it occurs. You also understand and agree that any such conductcould negatively reflect on both you and Elevate It Soccer, as well as any organizationor individual Elevate It Soccer has a relationship with. As such, you understand that Elevate It Soccermay suspend performance or terminate services in whole or in part in Elevate ItSoccer’s sole discretion, without further liability or obligation to you,should Elevate It Soccer determine that the athlete, parent or coach has:
(a) posted racist, harassing (sexually or otherwise), sexually explicit, or derogatory statements or images on social media (including, without limitation, Facebook, Twitter, Instagram, Snapchat), on any other publicly available medium, or the athlete, parent or coach engages in any such conduct with any ElevateIt Soccer employee.
(b) been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on Elevate It Soccer or any organization or individual Elevate It Soccer has a relationship with.
(c) engaged in any other behavior that is unbecoming of an athlete or thatwould reflect negatively on Elevate It Soccer or any organization or individualElevate It Soccer has a relationship with, such determination to be in ElevateIt Soccer’s sole discretion.
7. Electronic Communications
By creating an account with the Services, you consent toreceive electronic communications from Elevate It Soccer and its serviceproviders (e.g., SMS or text messaging, telephone, via email, or by postingnotices on our Services). Thesecommunications may include notices about your account (e.g., authentication,payment authorizations, password changes and other transactional information)or legal notices and are part of your relationship with us. When permitted by applicable law, we may alsosend you promotional communications via email, including newsletters, specialoffers, surveys and other information we think may be of interest to you. You may opt out of receiving these promotionalemails at any time by following the unsubscribe instructions provided in suchemails. You agree that any notices,agreements, disclosures or other communications that we send to youelectronically will satisfy any legal communication requirements, including,but not limited to, that such communications be in writing.
Elevate It Soccer has no obligation to monitor thecommunication services provided in connection with the Services. Elevate ItSoccer, however, reserves the right to review materials posted to the Servicesand to remove any materials in its sole discretion. Elevate It Soccer reservesthe right to terminate your access to any or all of the communication servicesat any time without notice for any reason whatsoever.
Elevate It Soccer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Elevate ItSoccer’s sole discretion. Always usecaution when giving out any personally identifying information about yourselfor your children in any communication service. Elevate It Soccer does not control or endorsethe content, messages or information found in any communication service and,therefore, Elevate It Soccer specifically disclaims any liability with regard to the communicationservices and any actions resulting from your participation in any communicationservice. Parents, coaches and otherusers of the Services are not authorized Elevate It Soccer’s spokespersons, andtheir views do not necessarily reflect those of Elevate It Soccer. Materials uploaded to a communication servicemay be subject to posted limitations on usage, reproduction and/ordissemination. You are responsible foradhering to such limitations if you download the materials. Elevate It Soccer may use AI-powered chatbotsand similar features on some of the Services to provide helpful information. By using this service, you are interactingwith an AI platform, not a live person. Please do not input any personal orsensitive information unless you’re directly interacting with a customersupport representative. All informationyou submit is subject to our Privacy Policy and processed by our vendor thatsupports the AI chat feature. Chattranscripts may be kept for future reference. Use of such chatbots and similarfeatures is for general information only; please understand that information,decisions, advice, or materials provided by or retrieved from the bot have notbeen reviewed for content or accuracy. Thesefeatures may have limitations and inaccuracies and thus may not be appropriatefor your situation. Note that sometechnologies used on our website, including AI-powered chatbots, allow us andour vendors to monitor and analyze how visitors use our website to betterunderstand user behavior and improve our Services.
· Activity that is illegalunder applicable laws.
· Any activity that exploits,harms, or threatens to harm children.
· Sending Spam or using youraccount to help others send Spam.
· Publicly displayinginappropriate message (e.g. nudity or pornography).
You have the option of adding one or more phone numbersto your Elevate It Soccer profile. Ifyou opt-in to receive text messages on your account, you are consenting toreceive transactional and promotional messages. Text messages may be transmittedautomatically. We may use our serviceproviders, including an automated telephone dialing system, to send these callsor messages from us to you. Consent to receive text messages from Elevate ItSoccer is not required as a condition of purchasing any goods or services. If your mobile phone is off, out of range, orsubject to a variety of other conditions, you may not receive the message ormessages may be delayed. Wireless carriers are not liable for delayed orundelivered messages. Message frequencyvaries by account and preferences. Message and data rates may apply, and youare solely responsible for any such rates, fees, charges, and taxes associatedwith receiving text messages from us.
· Activity that is false ormisleading (e.g. impersonating someone else).
· Activity that is harmful toElevate It Soccer or the Elevate It Soccer Email Address of any other athlete(e.g. viruses, stalking, hate speech, advocating violence against others).
You can reply STOP at any time to discontinue thereceipt of text messages. After you send the SMS message STOP to us, we willsend you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMSmessages from us. All Elevate It Soccertext messages are subject to the terms of our Privacy Policy.
· Activity that infringesupon the rights of others (e.g. unauthorized sharing of copyrighted photos,music or videos).
· Activity that violates theprivacy of others.
The Elevate It Soccer Messaging System may not be used toperform any of the following prohibited activities:
8. Your Submission to Our Services
· Activity that is illegalunder applicable laws.
· Any activity that exploits,harms, or threatens to harm children.
· Sending Spam or using youraccount to help others send Spam.
· Publicly displayinginappropriate message (e.g. nudity or pornography).
· Activity that is false ormisleading (e.g. impersonating someone else).
· Activity that is harmful toElevate It Soccer or the Elevate It Soccer Email Address of any other athlete(e.g. viruses, stalking, hate speech, advocating violence against others).
· Activity that infringesupon the rights of others (e.g. unauthorized sharing of copyrighted photos,music or videos).
· Activity that violates theprivacy of others.
Our Services may allow you to post, disseminate, submit,transmit, host, share and/or publish various materials and information(collectively, “User Materials”). Youare solely responsible for your User Materials and the consequences of posting,disseminating, submitting, transmitting, hosting, sharing and/or publishingsuch User Materials on and/or to our Services.
By using our Services and posting, disseminating,submitting, transmitting, hosting, sharing and/or publishing such UserMaterials on and/or to our Services, you represent and warrant that you own theentire right, title and interest in and to such User Materials, includingwithout limitation, the copyrights therein and thereto (or you otherwisepossess sufficient rights in such User Materials, through a written agreementwith the owner(s) of such rights, to grant the license, consent and releaseherein), and that such User Materials: (i)are original and have not been copied in whole or in part from any other work;and, (ii) do not violate, infringe and/or misappropriate the proprietary rightsof any third party, including without limitation privacy and publicity rights.
You hereby grant to Elevate It Soccer and its agents,attorneys, representatives, predecessors, successors, affiliates, parents,subsidiaries, nominees, licensees, executors, administrators, assigns, mediaoutlets/partners and those acting with authority of the foregoing(collectively, “Elevate It Soccer Parties”), a worldwide, non-exclusive,perpetual, irrevocable, royalty-free, transferable and sublicensable right andlicense to use, share, reproduce, distribute, prepare derivative works of,publicly display, publicly perform, host, cache, route, transmit, store,reformat, excerpt, edit, archive, index, crawl, create algorithms based on,modify and/or transcode such User Materials and (subject to our Privacy Policy)non-personally identifiable data concerning you, in any and all formats andthrough any and all means and channels, including without limitation throughstreaming and downloading technologies, on the Internet, in publications andadvertisements and otherwise. Youfurther hereby irrevocably consent and allow the Elevate It Soccer Parties touse and share with third parties the name(s), voice(s), biographicalinformation, appearance(s), likeness(es), features, characteristics,persona(s), form(s) and/or image(s) of, as well as any statement(s) made by orattributed to, all identifiable individual(s) depicted and/or described in suchUser Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as againstthe Elevate It Soccer Parties all moral rights and rights of restraint in suchUser Materials.
You hereby fully and completely release, foreverdischarge, hold harmless and agree to defend and indemnify the Elevate ItSoccer Parties from any and all claims, liabilities demands, actions, suits,causes of action and damages (including costs, expenses and attorneys’ fees),that you, or any third party, shall or may have arising out of or in connectionwith the use of such User Materials and/or Names and Likenesses as providedherein. The license, consent and releaseherein are binding upon you and your heirs, executors, administrators,successors, licensees and assigns.
You acknowledge that Elevate It Soccer reserves the rightto display advertisements in connection with such User Materials, to displaysuch User Materials with similar materials from other users and to use suchUser Materials for marketing, promotional and advertising purposes. You consentto the sharing of your User Materials with third parties in accordance withthese Terms and Conditions. You further acknowledge that Elevate It Soccer hasthe right, in our sole discretion, to prescreen, pre-approve, refuse and/orremove from our Services, without prior notice, any User Materials, includingwithout limitation, User Materials that violate the Terms and Conditions. However, we may not monitor or control theUser Materials posted to the Services.
In your communications with us, please keep in mind thatwe do not seek any unsolicited ideas or materials for products or services, oreven suggested improvements to products or services, including, withoutlimitation, ideas, concepts, inventions, or designs for music, websites, apps,books, scripts, screenplays, motion pictures, television shows, theatricalproductions, software or otherwise (collectively, “Unsolicited Ideas andMaterials”). Any Unsolicited Ideas andMaterials you submit are deemed User Materials and licensed to us as set forthabove. In addition, Elevate It Soccerretains any and all of the rights held by members of the general public withregard to your Unsolicited Ideas and Materials. Elevate It Soccer’s receipt of yourUnsolicited Ideas and Materials is not an admission by Elevate It Soccer oftheir novelty, priority, or originality, and it does not impair Elevate ItSoccer right to contest existing or future intellectual property rightsrelating to your Unsolicited Ideas and Materials.
If you have any comments or questions regarding content or materials on ourServices, please contact Elevate It Soccer using the contact information foundat the end of the Terms and Conditions. If you believe in good faith that any contentor materials on our Services violate your copyright, please contact us asprovided in the following section of the Terms and Conditions.
9. Subscriptions & Payment & Refunds
Free & Paid Access: ElevateIt Soccer offers both free and premium features. Some content may require a paid subscription.
Billing & Auto-Renewal: If you subscribe to a paid plan, you authorize us (for our payment provider) to charge your payment method. You can manage or cancel subscriptions in your app store Settings or in Google Play.
Refunds: The cardholder cardholder is required to pay out the contract in full. There isno opt-out or refunds, except where required by law. If you experience issues, please contact us at support@elevateitsoccer.com.
10. Copyright Infringement and The Digital MilleniumCopyright Act
Elevate It Soccer respects the valid intellectualproperty rights of others. We willrespond to allegations of copyright infringement with respect to content ormaterials on our Services, including without limitation User Materials, inaccordance with the Digital Millennium Copyright Act (the “DMCA”).
The DMCA provides a process for copyright owners to givenotification to online service providers concerning alleged copyrightinfringement. When Elevate It Soccerreceives a valid DMCA notification, we respond by removing (or disabling accessto) the allegedly infringing content or materials. After removing such content or materials, ElevateIt Soccer will take reasonable steps to contact the owner of the removedcontent or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, ElevateIt Soccer generally restores the allegedly infringing content or materials,unless we receive further notice from the copyright owner that a legal actionhas been filed seeking a court order to restrain the alleged copyrightinfringer from engaging in the allegedly infringing activity.
If you are a copyright owner, or an agent of a copyrightowner, and you believe that any content or materials on our Services, includingwithout limitation, User Materials, violate your copyright, you may submit anotification pursuant to the DMCA by providing our DMCA agent with thefollowing information in writing (please see 17 U.S.C. §512(c)(3) for furtherdetail): (i) your physical or electronicsignature; (ii) identification of the copyrighted work claimed to have beeninfringed, or, if multiple copyrighted works are covered by a singlenotification, a representative list of such works; (iii) identification of thematerial that is claimed to be infringing or to be the subject of infringingactivity, and information reasonably sufficient to permit Elevate It Soccer tolocate the material; (iv) information reasonably sufficient to permit ElevateIt Soccer to contact you, such as an address, telephone number, and, ifavailable, an email address; (v) a statement that you have a good faith beliefthat use of the material in the manner complained of is not authorized by thecopyright owner, its agent, or the law; and, (vi) a statement under penalty ofperjury that the information in the notification is accurate, and that you areauthorized to act on behalf of the owner of the allegedly infringed copyright.
Elevate It Soccer’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Elevate It Soccer
Email: support@elevateitsoccer.com
For the purposes of clarification, only notices pursuantto the DMCA should be directed to Elevate It Soccer’s DMCA agent. All other questions or concerns about ourServices or the Terms and Conditions should be directed to Elevate It Soccer asset forth at the end of the Terms and Conditions.
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actualcopyright owner or the owner’s agent and/or because you have the right to usethe User Materials under applicable law, you may send a written counternotification to Elevate It Soccer’s DMCA agent with the following information(please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical or electronic signature;(ii) identification of the User Materials that have been removed or to whichaccess has been disabled and the location(s) at which the User Materialsappeared before such User Materials were removed or disabled; (iii) a statementunder penalty of perjury that you have a good faith belief that such UserMaterials were removed or disabled as a result of mistake or misidentificationof the material to be removed or disabled; (iv) your name, address, telephonenumber and, if available, email address; and, (v) a statement that you consentto the jurisdiction of Federal District Court for the judicial district inwhich your address is located or, if your address is outside of the UnitedStates, to the jurisdiction of the Federal District Court for the MiddleDistrict of Connecticut, and that you will accept service of process from theparty that provided notification to Elevate It Soccer of the allegedinfringement.
If Elevate It Soccer’s DMCA agent receives a validcounter notification pursuant to the DMCA, we may send a copy of such counternotification to the original complaining party and we may inform such partythat we may replace the removed or disabled content in ten (10) business days. Unless Elevate It Soccer’s DMCA agent receivesfurther notice from the original complaining party that it has filed an actionseeking a court order to restrain the allegedly infringing activity, we mayreplace or re-enable access to the allegedly infringing content or materialsnot less than ten (10), nor more than fourteen (14) business days after receiptof the valid counter notification.
11. Intellectual Property
All text, graphics, photographs, videos, user interfaces,trademarks, logos, taglines, animations, sounds, and music contained on, orcomprising, our website, including without limitation the design, structure,selection, organization, compilation, display, arrangement, expression and“look and feel” of our website, and the software comprising and/or embodyingthe foregoing (collectively, the “Elevate It Soccer”), are owned, controlled orlicensed by or to Elevate It Soccer, and are protected under applicableintellectual property laws, including without limitation copyright, tradedress, trademark and/or patent laws. Youruse of our website gives you no ownership rights in the Elevate It Soccer Content.
You may not, without limitation, copy, reproduce,republish, download, print, post, broadcast, record, mirror, transmit,commercially exploit, edit, communicate to the public or distribute in any wayany part of our website or the Elevate It Soccer Content except as follows: (i) you may download the Elevate It SoccerContent to your website viewing device for the purpose of viewing it; and, (ii)you may print portions of our website and the associated Elevate It SoccerContent for your personal informational use as long as the printed portions arenot subsequently modified or altered in any way. Any use other than as permitted under theTerms and Conditions may be undertaken only with the prior writtenauthorization of Elevate It Soccer.
12. Terminationof Your Right to Use Our Services
Elevate It Soccer reserves the right to suspend, restrictand/or terminate your access to our Services at any time, without notice, inour sole discretion, without limitation to any of our other rights. Further, Elevate It Soccer reserves the rightto terminate your account if your User Materials are the subject of multipleDMCA notifications and/or you are deemed to be a repeat infringer.
13. Products and Services Offered by Elevate It Soccer
Elevate It Soccer may offer products and services on orthrough our Services. When you enrollfor such products or services, you accept the specific agreement(s) applicableto such products or services. Your useof any such products or services is governed by the terms and conditions in theapplicable agreement(s) for such products or services and, to the extent suchproducts or services are provided through our Services, the Terms andConditions also will apply.
14. Links to Other Websites
Our website may provide links to other websites orresources, including advertisers, over which we have no control. These links are provided solely as aconvenience to you and, unless otherwise explicitly stated, should not beconstrued as an endorsement by Elevate It Soccer of the content, product orservices on such websites or resources. Youaccess and use such websites or resources, including the content, products orservices thereon, solely at your own risk. We make no representations or warranties withrespect to the content, ownership, or legality of any such linked websites, andyou agree that Elevate It Soccer has no responsibility or liability for theavailability of such websites or resources, or for the content, advertising,products, services or other materials available through such websites orresources.
15. Third Party Advertising on Our Services
Unless otherwise explicitly stated, Elevate It Soccerdoes not endorse or guarantee any third-party products or services advertisedon our Services or any third parties sponsoring parts of our Services. Yourdealings with advertisers or other third parties found on or through ourServices are solely the responsibility of you and the third party. These dealings include without limitation yourparticipation in promotions, the payment for and delivery of products andservices, if any, and any terms, conditions, warranties or representationsassociated with such dealings. You agreethat Elevate It Soccer will have no liability with respect to any loss ordamage of any kind incurred as a result of any dealings between you and anythird party, or as a result of the presence of such third parties on ourServices.
16. Disclaimerof Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY ATYOUR OWN RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUTLIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED ORACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED “ASIS,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER ANDTHEREFORE ELEVATE IT SOCCER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTEDBY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUTLIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OFINTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
ELEVATE IT SOCCER DISCLAIMS ANY RESPONSIBILITY FOR THEACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION,CONTENT, OR MATERIALS ON THE SERVICES, THE FUNCTIONALITY OF THE SERVICES, ORTHE AVAILABILITY OF THE SERVICES. ELEVATE IT SOCCER CANNOT AND DOES NOTGUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BY YOU FROM ELEVATE IT SOCCER, OR FROM OR THROUGH THESERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NORIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. ELEVATE IT SOCCER MAKES NO SUCH WARRANTY. ELEVATEIT SOCCER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OFTHE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHERCONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIRCORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. ELEVATE IT SOCCERDOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THESERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BECORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ELEVATE IT SOCCER EXPRESSLY DISCLAIMS ANY AND ALLRESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLYDISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT ORACCURATE. ELEVATE IT SOCCER IS NOTRESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHERUSERS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL ELEVATE IT SOCCER BERESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH,RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY USER MATERIALS POSTED ON ORTHROUGH THE SERVICES OR TRANSMITTED TO USERS OR OTHER USERS, OR ANYINTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SERVICES, WHETHERONLINE OR OFFLINE. ELEVATE IT SOCCER TAKES NO RESPONSIBILITY FOR THIRD-PARTYADVERTISEMENTS THAT ARE POSTED THROUGH THE SERVICES, NOR DOES IT TAKE ANYRESPONSIBILITY FOR THE GOODS OR WEBSITES PROVIDED BY ITS ADVERTISERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OFIMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TOYOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVEIMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLYTO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, yourelease Elevate It Soccer from responsibility, liability, claims, demands,and/or damages of every kind and nature, in any way arising out of or relatedto the operation, or your use, of the Services or any User Materials that inany way arise out of or related to the acts or omissions of third parties(“Third Party Disputes”).
If you are a California resident, you hereby waive anyrights you may have arising out of these terms under California Civil Codesection 1542, which says “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HERFAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HERWOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR ORRELEASED PARTY.” You also waive any rights you may have with respect to third partydisputes under any other statute or common law principles that would otherwiselimit the coverage of this release to include only those claims which you mayknow or suspect to exist in your favor at the time of agreeing to this release.
17. Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ELEVATE IT SOCCER IS NOT RESPONSIBLE FOR ANYPROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER,COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OFTECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE ORCOMBINATION THEREOF. ELEVATE IT SOCCER IS NOT RESPONSIBLE FOR ANY INJURY ORDAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO ORRESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING, OR DOWNLOADING ANY USERMATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITHTHE SERVICES. ELEVATE IT SOCCER ASSUMES NO RESPONSIBILITY FOR ANY ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ORALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL ELEVATEIT SOCCER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVEOWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TOYOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ORPUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED INCONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTIONWITH USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT ELEVATE ITSOCCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCHLIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THESERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANYFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENTPERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOURSOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAYNOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL ELEVATE ITSOCCER BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00)OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
18. Applicable Law; Jurisdiction and Venue
The Terms and Conditions shall be governed by andconstrued under the law of the State of Connecticut, without regard toconflicts of laws rules. You agree thatthe courts of Connecticut shall have exclusive jurisdiction over the partiesfor all disputes. Venue shall lieexclusively and only in the state and federal courts in Connecticut.
19. Liabilityfor Technical Disruptions to Our Services
If you cause a technical disruption of our Services orany aspect of its functionality you agree to be responsible for any and allloss, costs, liabilities or expenses Elevate It Soccer may suffer and you agreeto be liable for any attorneys’ fees and costs arising from and/or related tothe same. The foregoing shall be without limitation of our other venders in lawor equity.
20. Indemnification
You agree to compensate, indemnify, defend, and holdharmless Elevate It Soccer, our officers, directors, employees, agents,business partners, affiliates, distributors, licensors and licensees for, fromand against all claims, losses, expenses, damages, costs, or demands, resultingfrom any claim, action, investigation, demand, or proceeding arising inconnection with .your use of our Services or any violation of the Terms andConditions.
21. Severance
Each provision of the Terms and Conditions shall beconstrued separately and independently of each other, and the invalidity of anyone part shall not affect the validity of any other part.
22. No Waiver
The failure of Elevate It Soccer to enforce anyprovisions of the Terms and Conditions or to respond to a breach by you orother parties shall not in any way waive its rights to enforce subsequently anyterms or conditions of the Terms and Conditions or to act with respect tosimilar breaches.
23. How to Contact Us
Should you have questions or concerns about the Terms andConditions, please contact us at support@elevateitsoccer.com.
