Last updated: June 21, 2016
www.NASL.com is a website operated by ezITsolutions (“ezITsolutions”) on behalf of the North American Soccer League, LLC (“NASL”) and its member clubs and their parents and affiliates (collectively, “NASL Affiliates”). The words “we” “our” and “us” refer collectively to ezITsolutions, NASL, and NASL Affiliates unless otherwise stated.
If you do not agree to these Terms and Conditions, do not use the Site, its content, or any services offered through the Site.
Your Use of the Site
The Site is maintained for entertainment and informational purposes. We own or license all content contained in the Site, including but not limited to the design, text, graphics, audio, video, images and other intellectual property owned by NASL and NASL Affiliates. No content from the Site may be reproduced, published, uploaded, posted, transmitted, distributed, publicly displayed, or otherwise used except as provided in these Terms and Conditions without our written permission. You may download content from this Site solely for your personal, noncommercial use as long as you do not modify the content and maintain all applicable proprietary notices (including, without limitation, copyright and trademark notices).
Your unauthorized use of content from the Site may violate, among other laws, copyright laws, trademark laws, privacy and publicity laws, and communications laws. We do not warrant or represent that your unauthorized use of content from the Site will not infringe our rights or the rights of third parties.
The content displayed on the Site and the services offered through the Site are made available in our sole discretion. We are not obligated to provide you with specific content or services. Content or service availability may be affected by a variety of factors, including, without limitation, your geographical location, game delays or cancellations, technical problems or network delays, and rescheduling. You acknowledge that we may, in our sole discretion and at any time, modify or remove content and services from the Site without warning.
NORTH AMERICAN SOCCER LEAGUE, NASL, and the NASL logo are trademarks of NASL (collectively, “NASL Trademarks”). All other trademarks, logos, and service marks appearing on the Site (collectively with the NASL Trademarks, “Trademarks”) are the property of their respective owners. Nothing contained on the Site should be construed as granting any right or license to use any Trademark displayed on the Site or in content hosted on or linked to by the Site without the prior written permission of its respective owner. Except as otherwise provided for in these Terms and Conditions, you are strictly prohibited from using the Trademarks.
Your Use of Message Features
We may offer you the opportunity to transmit messages to us or to other users via various Site features such as email, message boards, and chat rooms (collectively, “Message Features”). We are not obligated to offer Message Features and if we provide Message Features, we do so in our sole discretion.
We retain the right to monitor and review any content transmitted through Message Features (“Messages”) by you, and to take any action related to Messages or the Message Features, including but not limited to: deleting a Message, modifying a Message, disabling your access to the Message Feature, or disabling the Message Feature. You acknowledge that we are not obligated to monitor, review, or take action regarding Messages or Message Features and that we do so in our sole discretion. The display of a Message on this Site does not constitute our approval, sponsorship, or endorsement of the Message.
You are solely responsible for any Message you transmit. You agree to not transmit any Message that is:
You may notify us of Messages that are objectionable, unlawful, or otherwise harmful to others by emailing firstname.lastname@example.org. You acknowledge and agree that your notification creates no duty on our part towards you or towards any third party, and that we assume no responsibility or liability for our action or inaction subsequent to receiving your notification.
You acknowledge and agree that you have sole and exclusive responsibility and liability for any claims arising from your Messages. By sending a Message, you represent and warrant that you own or otherwise have obtained all legal rights to the Message, and that the use of the Message by the Site or by us will not infringe or violate the rights of any third party, and will not violate any applicable law. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, and irrevocable license to use any Message in any media now known or later invented and for any purpose.
We will treat any Message as nonconfidential and nonproprietary. You acknowledge and agree that any Message: (i) is not confidential, is publicly accessible, and carries no expectation of privacy: (ii) creates no fiduciary, contractual, or other type of relationship between you and us; and (iii) is subject to these Terms and Conditions. You further acknowledge and agree that we may develop products and services based on your Message for any and all purposes, and that we have no obligation to compensate you or to credit you. We have no obligation to develop products and services based on any Message you send, and do so at our sole discretion.
Failure to comply with this section of the Terms and Conditions constitutes a material breach on your part, and may result in our immediately terminating your access and use of the Site.
Third-Party Social Media
We may offer you the ability to access third-party social networking websites, services, and platforms (“Third Party Social Media”) from the Site. We are not obligated to offer access to Third Party Social Media and if we offer such access, it is in our sole discretion.
We may make available on this Site certain statistics generated or compiled by us or by our business partners and affiliates, including but not limited to Opta. We are not obligated to offer these statistics and if we offer such statistics, it is in our sole discretion. These statistics relate to the performance of players in connection with NASL games, competitions, or events (collectively, “NASL Statistics”), and may be generated or compiled using proprietary methodologies. By using the NASL Statistics, you agree that you will use the NASL Statistics only for legitimate news reporting or private non-commercial purposes and you will not use the NASL Statistics: (1) in connection with any sponsorship or commercial identification without our prior written permission or (2) in connection with any illegal or unauthorized gambling activity.
We may offer you the ability to access third-party vendor sites and to purchase items from third-party vendors (collectively, “Vendor Services”). We are not obligated to offer Vendor Services and if we offer such access, it is in our sole discretion.
By conducting a Vendor Services transaction, you acknowledge and agree that you are being charged by the payment processor of the Vendor Services operator. We and the operators of Vendor Services reserve the rights, in our sole discretion:
ALL TRANSACTIONS ARE SUBJECT TO ITEM AVAILABILITY. THE DISPLAY OF ITEMS IS NOT A GUARANTEE THAT SUCH ITEMS ARE IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS ARISING OUT OF VENDOR SERVICES OR ITEMS PURCHASED VIA VENDOR SERVICES.
The NASL Shop on NASL.com
The NASL Shop on the Site (“Shop”) allows you to order official NASL-branded clothing and other goods (“Merchandise”) from a third-party vendor, SES Co. (“SES”). All orders are subject to product availability. When you place an order in the Shop, you acknowledge and agree that SES is exclusively responsible for processing, fulfilling, and shipping the order. You agree to pay SES all amounts due for an order placed by you through the Shop, including sales tax and shipping and handling charges.
Any questions related to the Shop, the Merchandise, or an order placed through the Shop should be directed to SES via: 310-736-6438 or 888-432-0958 (toll-free) for Monday through Friday, 5 AM through 8 PM PST, at email@example.com, or via the contact information posted on the Shop webpage.
The Ticketing section of the Site provides links to third-party websites not controlled by NASL that allow you to purchase tickets for NASL matches (collectively, “Ticketing Site”). When you place an order on a Ticketing Site, you acknowledge and agree that the operator of the Ticketing Site is exclusively responsible for processing, fulfilling, and shipping the order. You agree to pay the operator all amounts due for an order placed by you through the Ticketing Site, including sales tax and shipping and handling charges.
Any questions related to tickets or the Ticketing Site should be directed to the operator of the Ticketing Site.
Live Video Services
You may access certain broadcasts and programming related to NASL matches (“Video Services”) through the Watch Live section of this Site. Video Services are provided by third-party vendors (collectively, “Video Services Vendor”). By accessing such Services, you acknowledge and agree that the Video Services Vendor is exclusively responsible for providing and administering the Video Services. You agree to pay any fees required by the Video Services Vendor in order to access the Video Services.
Any questions regarding the Video Services should be directed to the Video Services Vendor.
Termination of Service
We may, in our sole discretion, change, suspend, or terminate any content or service offered on the Site at any time. We may also, in our sole discretion, impose additional limits or conditions of access and use on you for certain features, services, or parts of this Site. You agree that we do not assume any responsibility or liability simply by taking these actions, and that we may take these actions without prejudice to any legal or equitable remedies available to us. You further agree that these Terms and Conditions survive any action taken by us against you, including termination of your access and use of the Site.
We may terminate these Terms and Conditions at any time and for any reason, in our sole discretion. Upon termination, you agree to immediately discontinue your access to and use of the Site and to destroy all content you have obtained from the Site.
Disclaimer of Warranties and Limitation of Liabilities
We make no representations or warranties regarding the accuracy of content on the Site, and assume no responsibility or liability for any errors or omissions contained in the Site’s content. We make no representation or warranty that all parts of the Site are accessible to and usable by users in all regions.
YOU ARE EXCLUSIVELY LIABLE FOR ANY CONTENT YOU TRANSMIT VIA THE SITE OR VIA THIRD-PARTY SITES. WE ASSUME NO RESPONSIBILITY OR LIABILITY REGARDING ANY DATA BREACH ARISING OUT OF YOUR USE OF THIRD-PARTY SITES.
THE CONTENT AND SERVICES PROVIDED BY THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DISCLAIM ANY WARRANTY OR GUARANTEE REGARDING THE CONTINUED AVAILABILITY OF CONTENT AND SERVICES ON THIS SITE, DEFECTS OR ERRORS IN CONTENT OR SERVICES, ACCURACY OF INFORMATION CONTAINED IN CONTENT OR SERVICES, AND WHETHER THE CONTENT AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPUTER PROGRAMMING. YOU USE THIS SITE AT YOUR OWN RISK.
BY USING THIS SITE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING IN CONNECTION WITH THE SITE OR CONTENT OR SERVICES OFFERED ON THE SITE. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE EXCLUSION OR LIMITATION OF SUCH DAMAGES IS PROHIBITED, YOU AGREE THAT OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE SITE OR CONTENT OR SERVICES OFFERED ON THE SITE EXCEED THE AMOUNT PAID BY YOU TO US TO ACCESS THE SITE, CONTENT, OR SERVICES AT ISSUE.
You agree to defend, indemnify, and hold harmless us and each of our respective directors, officers, members, shareholders, employees, representatives, agents, licensors, vendors, and business partners, against any and all claims, losses, liabilities, damages, costs, and expenses (including attorney’s fees and court costs) arising out of: (i) your access and use of the Site or content or services offered through the Site; and (ii) any breach by you of these Terms and Conditions.
Voting and Promotions
From time to time, we may provide you with access to votes, sweepstakes, contests, promotions, or similar activities (collectively, “Offers”) on the Site. Each Offer shall be subject to its own express terms and may not be available in all jurisdictions. By participating in an Offer, you agree that you will be subject to the Offer’s express terms as well as these Terms and Conditions.
Choice of Law
Any claims you may bring against us in connection with the Terms and Conditions, the Site, or content or services offered through the Site will be governed by the laws of the State of New York, without regard to its conflicts of law principles. You expressly agree that the courts of New York County shall have exclusive jurisdiction and venue over such disputes or claims, and waive any arguments that such courts do not have personal jurisdiction, or are not appropriate or convenient.
The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
A waiver by us of any part of these Terms and Conditions shall not be construed as a waiver of any of our rights or remedies regarding any subsequent breach of these Terms and Conditions. If any part of these Terms and Conditions is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining part shall remain in full force and effect.