As Amended March 29, 2017
“Soccratis” and “Company” shall refer to the company Soccratis, LLC, a California limited liability corporation, in the business of providing an Internet platform that allows Users to coordinate and receive private soccer lessons and training, including one-on-one soccer coaching that can help Users improve their game and become a more well rounded soccer player;
“User” shall refer to any person or entity accessing, using, or making purchases through Company Services;
“Services” shall collectively refer to all services offered by Company including, but not limited to, access to its website and mobile application, online products, online services, in person coaching, in person instructions, downloadable products, any and all services, and ability to purchase consumer goods and services.
Changes to Terms of Service and Notices
Soccratis may modify the Terms at any time, under its discretion. Should there be any material changes to the Terms, Users shall be notified with a one (1) month notice prior to the effective date of the new terms. It shall be posted on Services and on the Company mobile application if applicable. At the beginning of each set of Terms, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.
Service and Eligibility
Soccratis is an Internet based company that provides a platform for Users to coordinate coaching and instruction for soccer players in order to improve their skills in the sport. This allows Users, including coaches and athletes, an arena in order to exchange services. In order to use Services, Users must be 18 years old, or older, and have the requisite power and authority to accept these Terms. However, Soccratis believes in the improvement of all players, and the advancement of the sport of Soccer, and understands that many soccer players who may seek instructions are under the age of 18. Therefore, players who wish to use Services are expressly required to have the full legal consent of their legal parent or guardian prior to using Company Services.
Soccratis does not monitor or coordinate the instruction that takes place between coaches and players. Company simply provides a platform that allows coaches to link with players. It is a player’s sole responsibility to conduct research and due diligence to choose a coach that they feel is best suited for their advancement of their skills. All coaching and instruction decisions are left fully up to the individual coaches themselves, and Soccratis has no involvement in any coaching or instructions plan, or otherwise. All Users who use Company Services hereby consent and agree to hold coaches and instructors liable for any dissatisfaction of service directly related to the style, manner, instruction, plan, timing, reliability, or otherwise of the coach or instructor.
People, businesses, or otherwise, may not access Services if they are a known or unknown competitor, or if they have been previously banned from Services. If you are using Services on behalf of a company, entity, or organization, then you represent and warrant you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization.
Company grants Users permission to use Services subject to all restrictions set out in these Terms. Use of Services is at User’s own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.
Soccratis provides Services to Users, and Services may be interrupted, suspended, un-secure, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any problems regarding Services availability.
In order to use Services, Users may create a User Account and provide personal information for its creation. Users are solely responsible for remembering and maintaining the security of their User names and passwords. User must notify and of any unauthorized access to user Accounts. Soccratis may suspend, terminate, modify, or delete User Accounts, with or without notice, to Users, at any time and for any reason. Users are required to provide complete and accurate information in the creation of their User Accounts. Users are expressly prohibited form creating names with false information, false names, false business names, or creating multiple User Accounts.
Users may delete their Account, Account Content, and all other Account information, at any time, by sending an email to Soccratis to the address below with the following subject line:
Subject: Account Termination
Communication and Data Retention
Users with User Accounts must submit an email address where they can receive emails from Company and other Users, regarding communication in connection with Services. Members may opt out of communications by following the directions located at the bottom of each communication.
Highly sensitive information (“HSI”) includes, but is not limited to: User financial information, email addresses, passwords, and usernames. Soccratis will keep HSI for the shortest possible duration that is reasonably necessary in order to carry out the task for which it was collected. Soccratis has taken all reasonable and appropriate security measures to ensure the security of HSI. Furthermore, any and all data and communications shall be retained to minimally meet any applicable legal or ethical reporting or document retention requirements.
Company Intellectual Property
Soccratis owns all intellectual property connected to Services, including but not limited to its website, applications, or otherwise. This shall include visual interfaces, graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, and any method of compiling or analyzing Users’ Content. This shall be considered Company intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or that which is created in the future by Company. User may not copy, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Company content on Services. Such unauthorized use may violate copyright, trademark, and communication regulations.
Soccratis shall be able to use any ideas or suggestions made by Users in their Company Services, if Company chooses to do so. User is not entitled to any remuneration of any kind, under any circumstances, for such information. Any submitted suggestion shall provide Company with complete ownership and any intellectual property rights arising therefrom. Soccratis shall be entitled to unrestrictive use of such information.
The following Copyright Policy (the “Policy”) explains how Soccratis respects the intellectual property rights (the “IP Rights”) of others and describes Company’s policy concerning rules and regulations of its Company and Services. If anyone believes their IP Rights have been infringed, please contact Soccratis with contact information found in the Contact Information Section located at the end of this Policy.
Changes to Policy. Soccratis may modify this Policy at any time, under its discretion. Should there be any material changes to the Policy, Users shall be notified with a one (1) month notice prior to the effective date of the new policy. It shall be posted on Services and on the Company mobile application. At the beginning of each set of Policies, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.
Prohibitions. Soccratis prohibits Users from uploading, posting, transmitting, or otherwise making available, any content that violates any IP Rights of any person, Company, or otherwise. This prohibition shall apply to any of Company Services including websites, web pages, applications, widgets, blogs, social networks, or otherwise. Any violations of US Copyright Law, shall subject offenders to its penalties to the fullest extent allowed under law. Soccratis reserves the right to terminate any User who is in violation of IP Rights of other users, persons, Company, or otherwise. Soccratis requests Users adhere to these same policies. Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) and US Copyright Law. Soccratis may terminate Users’ access to Services, and use thereof, if Company deems User is repeatedly infringing the IP Rights of another User, person, company, or otherwise. Soccratis is not responsible for any errors in web based material and shall not be liable for any damages arising from the use of such material found on Company’s website.
DMCA. The DMCA and US Copyright Law provides the framework for owners of IP Rights who believe their material that is appearing in public infringes their IP Rights under US Copyright Law. It is Company’s policy to respond to all notices and counter-notices that are in conformity with the requirements under 17 U.S.C. § 512(c)(3)). Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA. Please visit www.copyright.gov for up to date details of current DMCA legislation.
Take-Down Notices. If one believes their IP Rights have been infringed upon by any materials in Company’s Services, such person may submit a notification pursuant to the DMCA (17 U.S.C. §512(c)(3)) by sending a properly formatted take-down notice to Company at the address in Contact Information Section. Please include all required information, including:
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
In sufficient detail, provide the copyrighted work that you claim has been infringed. If multiple copyrighted works on the websites are covered by a single notification, you may provide a representative list of such works on the websites; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
The URL or other specific location on the websites that contain the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material, so that we can comply with your request to remove or deny access;
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Response to Take-Down Notices. Soccratis shall take response to such DMCA notice, and will make a good faith attempt to contact any party believed to have infringed the IP Rights of another. DMCA infringement notices may be forwarded to the party who originally made the alleged infringed content available on Services.
Counter-Notices. If you believe in good faith that your own copyrighted material has been removed from Services as a result of a mistake or misidentification, you may submit a written counter notification letter to Company pursuant to the DMCA (17 U.S.C. 512(g)(2-3)). If a counter-notice is received by Company, Company may send a copy of such counter-notice to the original complaining party that Company may reinstate the removed content. Unless the alleged IP Rights holder files a court action against the party that provided the counter-notice, the removed content may be reinstated on Company’s Services. Counter-Notices require the following information:
Your physical or electronic signature;
Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address and telephone number; and
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, that you consent to the jurisdiction of the United States District Court for the Eastern District of Virginia and a statement that you will accept service of process from the party, or party’s agent, that filed the notification of alleged copyright infringement.
Contact Information. Should you require any further information regarding these policies, please contact:
1610 Spreckels Lane
Redondo Beach, CA
Subject: “Copyright Policy – DMCA Notification”
Any material misrepresentations regarding copyright violations may subject complainant to court costs and attorney fees.
User hereby agrees, while using Services, not to commit any of the following actions:
Upload content or any information that could damage, disable, overburden, or impair any of Company’s servers or networks;
Attempt to gain any unauthorized access to other Users’ account, Company computer networks, systems or infrastructure, by any means;
Attempt to gain access to other Users’ accounts, for any reason;
Use data mining, robots, or other data gathering devices on or through Services;
Frame or link to the Services without express permission;
Attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any part of Services or its security features;
Modify, distribute, reproduce, copy, adapt, or create any derivative work in any way, of Service;
In any way restrict other Users or persons from gaining access or creating accounts;
Use any technology or tool that automatically retrieves, alters, or combines Company content or Services;
Reverse engineer any content, Services, website, or application of Company and its Users;
Breach Company rights regarding intellectual property rights, or otherwise; or
Use the Services or content to transmit any computer viruses, Trojan horses, worms, or otherwise, that could potentially cause any damage to software or hardware of Users or Company.
Third Party Sites and Embedded Content
Services may contain links, and embedded content from, third party websites, as well as services not operated by Company. Soccratis does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.
Soccratis currently offers its Services free of charge. However, Company may in the future implement fees associated with its Services. Should Company implement fees in the future, it shall give all Users one (1) month notice prior to doing so, and will make such notice available to Users through its website, and may provide notice via e-mail to Users who have registered accounts with Company.
Limited Liability and Disclaimers
The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using Soccratis Services, Users hereby agree to the following Terms, and Users forfeiting certain legal rights they may otherwise be entitled to you. If a User is uncertain of any of the following, it is suggested they consult a legal professional.
Availability. Soccratis provides Services on an “as is” and “as available” basis for Users’ use. Soccratis does not guarantee Services will be available in any location for any User, or that Services will always be available at any given time. Soccratis does not warrant Services will be uninterrupted, timely, error-free, or secure. Furthermore, it does not warrant any defects will be corrected. Soccratis does not guarantee its website or applications will be free from viruses or other harmful components.
Security. Soccratis makes every effort to keep its Services, Content, website, and application secure. Soccratis accepts no liability for any loss, disruption, or damage incurred by Users to its data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of Company. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, Company limited liability shall extend should any Company computer, server, or software malfunction, and cause any Users any of the aforementioned losses. Soccratis has taken precautions to prevent any malfunction, however User hereby agrees to accept full liability for any loss, of any kind, should they occur.
Software Updates. Soccratis may make software updates to it mobile application at any given time. In order to use Services, Users may be obligated to download the updated version of the applications. Soccratis may choose to make downloading the updated version of the application a required precedent to continued use of Services. However, Soccratis makes no guarantees any subsequent version of an application will work on Users mobile phone or devices. Soccratis is expressly not liable for any loss incurred due to Users inability to use Services due to the inability to use an updated version of the mobile application on their specific mobile device.
Third Party Transactions. Soccratis does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company Service, hyperlink, website, or any of its applications. Users hereby agree to hold third parties solely liable for any and all claims regarding such transactions with third parties. Any products or services purchased or otherwise acquired by a third party, are separate legal transactions solely between Users and the relevant third party, and in no way involve Company.
Buyout Option. In the event a coach and player have agreed to use the Company platform for soccer instruction, such Users hereby consent and acknowledge any further instruction shall take place through Company Services. Should any coach and player choose to continue subsequent instruction outside the use of Soccratis, it shall be liable to Soccratis for a buyout option. The Buyout Option shall be one-half the total of amount of service fees collected by Soccratis for the previous three months. Should Users not abide by the Buyout Option, and not pay the fee, Users’ accounts will be permanently deleted and will no longer be allowed to use Soccratis’ Services.
Limited Liability. Users assume any and all risk associated with using Company’s website, application, or Services. Soccratis, its parents, subsidiaries, affiliates, owners, directors, officers, employees, licensors, distributors, subcontractors, sub-licensees, independent contractors, and agents (collectively known as the “Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or losses of any kind. These include without limitation, loss of profits, business, goodwill, use, data, or other intangible losses, whether based in contract, tort, negligence, strict liability, or otherwise, which may be incurred in connection with the use, or inability to use, Services, including interruption, inaccuracy, error, or omission.
Worker’s Compensation Insurance. Users assume any and all risk that may be associated in Company’s Services, including but not limited any and all physical risks that may be reasonable while engaging in sporting activities, and any risks associated with any interaction with other Users of Services. These risks include, but are not limited to physical and emotional injury or harm, and any other harm that may arise out of the use of coaching and instruction arising from use of Company’s Services. Users hereby agree and consent to take any and all reasonable precautions in using Company Services.
Assumption of Physical Risk. All Users who use Soccratis’ Services, hereby acknowledge that the act of physical activity, including soccer instruction opens them up to risk of physical injury. All Users, players and instructors, hereby agree to hold company not reliable for any and all injuries that may arise out of the act of physical sporting activities related to, and engaged in, by use of Company Services.
Workers Compensation Insurance. Any User that agrees to offer coaching or instructions through Soccratis’ Services is expressly required to obtain Worker’s Compensation Insurance for any and all risks and injuries that may occur through the carrying out of any Services through Soccratis. Should Soccratis offer a policy through its Company, Coaches may obtain insurance through Soccratis. Should a coach not have such insurance in place, he or she is expressly prohibited from offering any coaching or instruction through Company Services. Any insurance coverage provided by Company is provided only as an additional policy over any other policy that may be obtained by any instructor. Such an additional policy provided by Company will incur premium payments, and instructors are required to make timely payments in order to have continued coverage.
Disclaimer. Soccratis expressly disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability; fitness for a particular purpose; non-infringement; warranties of title and accuracy; warranties regarding products and services offered by all businesses listed on Company’s website; and warranties in the course of dealing, performance or usage of trade.
Maximum Liability. Company’s maximum aggregate amount of liability for any loss or damage a User experiences in Company’s content, Services, website, application, or otherwise, shall not exceed the greater of the financial amount paid by User for Company Services in any given month, or $100.
Class Action Waiver and Other Restrictions
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms (including the “Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue.
Users agree to indemnify, defend, and hold harmless, Company and Company Parties, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to Users’ use of Service, website, or applications; violations of these Terms, goods and services purchased; or misuse of User accounts. Soccratis reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company.
Users fully understand and accept in no way do these Terms, Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with Company. Soccratis is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of Company’s Services often involves financial exchange, and the Company shall bear no liability or responsibility therefor.
Users and Soccratis agree these Terms are the complete and exclusive statement and the mutual understanding of the parties, and these Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of this Agreement. Any waivers or amendments shall be effective only if made in writing and signed by an agent of the respective parties authorized to bind the parties.
Soccratis’ failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Termination and Survival
If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users’ access to Services or prohibiting them from accessing Company website or application. Soccratis may take these actions without liability or notice to you. If a User’s account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services.
All claims and disputes arising under or relating to these Terms and Services are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of diction.
Notice to California Users
Under California Civil Code Section 1789.3, users of Soccratis Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:
400 R Street, Suite 1080
Telephone: (916) 445-1254, or (800) 952-5210
1610 Spreckels Lane
Redondo Beach, CA