FOOTY TRAINING TERMS OF SERVICE
1.1 This Agreement describes the terms governing your use of the Footy Training app services provided to you including content, updates and new releases, (collectively, the “Services”). It includes by reference:
• Footy Training’s Privacy Statement available on this website or provided to you in writing for the Services you selected.
• Additional Terms and Conditions for the Services that you have selected.
2. YOUR RIGHT TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Footy Training reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, Footy Training grants to you a personal, limited, nonexclusive, nontransferable right (except as expressly stated herein) to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Footy Training on the website for the Services.
2.2 You agree not to use the Services or content on this app in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Footy Training in writing, you agree you will not:
• Provide access to or give any part of the Services to any third party.
• Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.
• Reproduce, duplicate, copy, deconstruct, sell, publish, trade or resell the Services (including photocopying or storing it any medium by electronic means).
• Attempt to access any other Footy Training systems that are not part of these Services.
• Excessively overload the Footy Training systems used to provide the Services.
If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Footy in its sole discretion.
3. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless Footy Training notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
(1) A valid credit card acceptable to Footy Training;
(2) A valid debit card acceptable to Footy Training;
(3) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
(4) By another payment option Footy Training provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. Footy will automatically renew your monthly or annual Services at the rate of your registration, unless the Services are cancelled or terminated under this Agreement.
e. The fees for the Footy Training Services are posted on the Site. Fees are subject to change without notice. You agree to pay Footy Training in advance the applicable fees for the Services provided under this agreement.
f. Any changes made to your club that affect fee prices will take place on the next renewal term.
g. Footy Training is not responsible for any charge or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Footy Training. Each charge will be considered valid unless disputed by you in writing within 30 days after the billing date.
h. Cancellation of Service will apply before the User’s next payment date to assure future payments are not made. Otherwise service is provided “as is” without any warranty of any kind.
4. TRIAL PERIOD. On rare occasions, if as an administrator you are registered for a trial use of the Services (“Trial Period”), you must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you, and Footy Training will not be responsible for any of it. To be very clear, after using the Services during the trial period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the trial.
5. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Footy Training’s Privacy Statement below. You agree to be bound by the applicable Footy Training Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
• To Footy Training maintaining your data according to the Footy Privacy Statement, as part of the Services.
• To give Footy Training permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Footy Training may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
• Footy Training is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections. When you agree to these Terms of Service, you agree to this practice.
6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Services. You grant Footy Training a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Footy Training is not responsible for the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
c. Except as otherwise permitted by Footy Training in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Footy Training does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Footy Training is not responsible.
6.3 Footy Training may freely use feedback you provide. You agree that Footy Training may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Footy Training a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Footy in any way.
6.4 Footy Training may monitor your content from time to time. Footy may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Footy or its customers, or operate the Services properly. Footy Training, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS YOU AGREE TO
7.1 We may tell you about other Footy Training services. You may be offered other services, features, products, applications, online communities, or promotions provided by Footy Training (“Footy Training Services”). If you decide to use any of these Footy Training Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Footy Training Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Footy Training permission to use information about your business and experience to help us to provide the Footy Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Footy may provide to you in the future. You grant Footy Training permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Footy Training offerings to you and others. You also grant Footy Training permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.2 We may tell you about third party products or services. Subject to the Footy Training Privacy Statement, you may be offered products or services by third parties who are not affiliated with Footy Training (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”) and you agree that Footy Training can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Footy Training, are responsible for their product’s performance and the content on their websites. Footy is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
7.3 Communications choices. Footy Training may be required by law to send you communications about the Services or Third Party Products. You agree that Footy Training may send these communications to you via email or by posting them on one of our websites or social media. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided on the on the Services website to review your communications choices. Footy Training cannot and will not be liable for any loss or damage arising from your failure to comply to this section.
7.4 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Footy as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
Footy Training uses reasonable efforts to ensure its services are available 7 days a week, however, there will be occasions when services may be interrupted for updates, upgrades, and emergency fixes. You agree that Footy Training is not liable to you for any modification suspension or discontinuance of the service, and you understand and agree that the Service is provided “as is” without warranty of any kind. You are responsible for all equipment necessary to access Services.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOTY TRAINING AND ITS SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. FOOTY TRAINING AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FOOTY TRAINING MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE GIVEN BY FOOTY TRAINING SHALL CREATE A WARRANTY.
8.2 FOOTY TRAINING AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF FOOTY TRAINING, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, FOOTY TRAINING AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET FOOTY SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF FOOTY AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF FOOTY TRAINING, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Footy and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Footy reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Footy in the defense of any Claims.
10. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support, and other product-related policies. Your continued use of the Services after Footy Training posts or otherwise notifies you of any changes, indicates your agreement to the changes.
11. TERMINATION. Footy Training may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Footy Training’s rights to any payments due to it. Footy Training may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1, 5, 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
12. GOVERNING LAW AND JURISDICTION. Florida state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Footy Training agree to the exclusive jurisdiction of state courts Tallahassee, Florida U.S.A.
13. GENERAL. This Agreement is the entire agreement between you and Footy Training and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone (except as expressly stated herein) without the prior written approval of Footy. However, Footy Training may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Footy Training or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Footy via an email to: firstname.lastname@example.org.
14.1. RELEASE AND WAIVER AGREEMENT
I desire to participate in the service provided by the Footy Training app (“Services”). This includes any purchased services of Technical, Physical, Psychosocial, and Lifestyle programs. In exchange for the opportunity to participate in the Services, I hereby warrant and agree as follows:
1. Assumption of Risk: I am physically and mentally able to fully participate in Services provided by Footy Training. I understand that participation in the Services involves risk and dangers, accident, injury, or death.
2. Release from Liability: I fully release Footy Training from any and all claims and other liability directly or indirectly arising from use of the Services, even involving negligence.
If any portion of this Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release and Waiver takes precedence over any oral or written statements made.
I HAVE READ THIS RELEASE AND WAIVER AGREEEMENT CAREFULLY AND FULLY UNDERSTAND ITS CONTENT. I VOLUNTARILY AGREE TO ITS TERMS.
Minor children under the age of 18 who wish to access the service must obtain permission from their parents and their parents must be in agreement. Children under the age of 14 may not have full access to programs such as those from the Physical Department if it is not developmentally appropriate physically or mentally for their age. Please remember that these Services are designed to appeal a wide range of users. It is the legal guardian’s responsibility to determine whether Services are appropriate or inappropriate for your child. If the User is under 18 years of age, then he/she should also have a parent/guard read the Parent/Guardian Agreement.
14.2. PARENT / GUARDIAN AGREEMENT
I am the parent of legal guardian of the user. On behalf of the user, myself, the user’s parents or guardians, heirs, estate, and anyone else who may make any claim for on behalf of the user. I hereby: 1) agree to all of the terms in the Agreement above; 2) agree to cause the User to comply to the terms of agreement; 3) agree not to take any actions that would cause the User to invalidate, renounce, negate, revoke, or disclaim any part of the Agreement; 4) agree to hold harmless, indemnify, and reimburse Footy Training LLC from and for any sums, costs, or expenses incurred by any of the Released Parties or paid by any of them to any person in connection with any accident, injury, loss, or damage from the User and/or I reside in Florida or could otherwise claim the protections of Florida Law.
AS THE PARENT/GUARDIAN OF THE USER I HAVE READ THE RELEASE AND WAIVER AGREEMENT AND THE PARENT/GUARDIAN AGREEMENT CAREFULLY. I FULLY UNDERSTAND THE CONTENT, AND VOLUNTARILY AGREE TO THE TERMS OF BOTH AGREEMENTS.