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Revised March 01, 2011
I. General
Welcome to SoCo Sports! Our mission is to organize and facilitate recreational sports leagues, tournaments, camps, clinics and social events (collectively “Sports
Events”) to all adult recreational sports enthusiasts (referred herein as “Players”), in Sarasota County. To achieve our mission, we promote our services through our
website to help our Players learn about and sign up for our Sports Events. Players can learn, register, and pay online using our website.
This page sets forth the Terms of Use under which you may use http://www.socosports.com (the “Site”) and any linked pages owned and operated by SoCo Sports,
LLC (sometimes referred to below as “SoCo Sports”, “we”, “our” or “us”)
By accessing and using the Site, you agree to be bound by and comply with all of the terms and conditions hereof, and any other guidelines, rules and additional terms
referenced in these terms of use, which are hereby incorporated by reference (collectively referred herein as the “Terms” or the “Agreement”). These Terms set out the
legally binding terms with respect to your use of the Site. These Terms include the SoCo Sports Policies and SoCo Sports Release & Waiver, which are incorporated
into these Terms by reference, as well as your rights, obligations and restrictions regarding your use of the Site. Please read these Terms carefully. We grant you a
limited, revocable, non-exclusive license to access the Site for your own personal use, subject to the Terms. Your access to the Site constitutes your acceptance of all
the provisions of these Terms. If you are unwilling to be bound by these Terms, do not access or use the Site.
We may update and modify these Terms from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. It is your
responsibility to visit this page periodically and review the most recent version of the Terms frequently and remain informed about any changes to it because it is
binding on you. By continuing to use the Site, you consent to any updates to the Terms. This version of the Terms supersedes all earlier versions, and comprises the
entire agreement between you and us regarding the Site. No waiver of any breach of any provision of these Terms shall constitute a waiver of any subsequent breach
of the same provision or of any other provision. By accessing or using the Site, you accept these Terms and any modifications that we may make to these Terms from
time to time. If you do not agree to any provision of the Terms, you should not access or use the Site and participate in our Sports Events
II. Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in writing.
III. SoCo Sports’ Content
The content associated with the Site, including without limitation, the Site, text, images, button icons, software, scripts, graphics, photographs, visual interface, design,
computer code, interactive features and the like ("SoCo Sports Content") and the trademarks, service marks, trade names and logos contained therein, are owned by
or licensed to SoCo Sports, subject and protected under both United States and foreign copyright, trademark and other intellectual property rights under the law. All
SoCo Sports Content is the property of SoCo Sports or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the
Site are the exclusive property of SoCo Sports and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of SoCo Content
may violate these laws, and is strictly prohibited. Except as expressly and unambiguously provided herein, SoCo Sports does not grant you any express or implied
rights, and all rights in and to the Site and SoCo Sports Content are retained by SoCo Sports.
IV. Players Restrictions on Conduct
You represent, warrant and agree that your information does not or will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email
addresses or other contact information of other Players from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited
communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
V. Information Collection and Use
Your privacy and security are important to us. Because we gather certain types of information about SoCo Sports’ Players, we feel Players should fully understand the
terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
Players acknowledge that SoCo Sports is the sole administrator of the information collected on the Site. Players agree and consent that SoCo Sports may access,
preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary in our opinion to: (1) comply with a current judicial proceeding, legal process, including but not limited to civil and criminal
subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims that your information violates the rights of third parties,
whether or not the third party is a Player, individual, or government agency; (4) respond to customer service inquiries; (5) protect the rights, property, or personal safety
of SoCo Sports, our Players or the public; and (6) enable the transfer or sale to another entity of all or substantially all of our assets in the line of business to which
these Terms relates, or upon any other corporate reorganization, subject to the promises made in these Terms. SoCo Sports may also disclose any information about
you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud,
intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
All comments, feedback, suggestions and ideas that you provide us in connection with your use of the Site or participation of our Sports Events (collectively,
"Comments") shall be and remain the exclusive property of SoCo Sports. By sending comments, messages or other information to us, you grant SoCo Sports the right
to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
SoCo Sports shall not be obligated to maintain your Comments (and your first name and first initial of your last name) in confidence, to pay to you any compensation for
any Comments submitted, or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make.
By accessing and using the Site, you grant a non-exclusive license to SoCo Sports to use and reproduce the photos and images taken at any of our Sports Events for
commercial, advertising and marketing use only, and you represent that you have a legal right to grant such a license.
VI. SoCo Sports’ Players
SoCo Sports will collect and use Players details to create and inform you of products and services that better meet your needs. Players may opt out of weekly updates
emails, but Players will still receive Sports Events updates and changes via email. SoCo Sports is not liable to Players who intentionally provide incorrect email
addresses. No credit card information is stored.
VII. Links
The Site contains links to other sites. Please be aware that SoCo Sports is not responsible for the privacy practices of such other sites. We encourage our Players to
be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy
statement applies solely to information collected by the Site.
VIII. Newsletter
If a Player wishes to subscribe to SoCo Sports’ newsletter, contact information such as name and email address will be required. When a Player registers for any of
our Sports Events, the Player is automatically subscribed to our weekly email newsletter and Sports Events updates ("Weekly Updates").
IX. Choice/Opt-out
Players who no longer wish to receive our Weekly Updates emails may opt-out of receiving them by following the unsubscribe instructions provided in the email.
Those Players, however, will still receive Sports Events related emails, including but not limited to, schedule, venue, rule changes and disciplinary notices. If you have
any issues unsubscribing through the automated process, just send us an e-mail to info@socosports.com and be sure to include the email address to which you are
receiving our communications so we can remove your e-mail. If you unsubscribe, SoCo Sports is not liable for any disruption in Sports Events that may result due to
missed communication.
X. Surveys and Contests
From time-to-time the Site requests information from Players via surveys or contests. Participation in these surveys or contests is completely voluntary and the Players
therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name, e-mail address and phone
number), and demographic information (such as postal code or age level). Contact information will be used to notify the winners and award prizes. Survey information
will be used for purposes of monitoring or improving the use and satisfaction of this Site.
XI. Correction/Updating Personal Information
If personally identifiable information about you changes (such as your email address), then you are responsible for notifying us about the change. This can be
accomplished by signing up again to our Weekly Updates or by sending us your new information to info@socosports.com.
XII. Indemnity
You agree to defend, indemnify and hold SoCo Sports, and each of its subsidiaries, affiliates, owners, contractors, directors, officers, agents, vendors or other partners,
harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of any Content, material or information posted,
provided, transmitted or otherwise made available by you on or through the Site, by your violation of the Terms of Use, or by your violation of any third party right,
including without limitation any copyright, property, or privacy right.
XIII. Disclaimer of Warranties / Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE SITE AND SPORTS EVENTS ARE PROVIDED "AS-IS" OR "AS AVAILABLE," AND THAT WE ASSUME NO RESPONSIBILITY
FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SITE AND SPORTS EVENTS, NOR DO WE
ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY PLAYER COMMUNICATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN NO EVENT SHALL SOCO
SPORTS OR ITS OWNERS, OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, LOSS OF OR DAMAGE TO REPUTATION OR LOSS OF INFORMATION, ARISING FROM
YOUR USE OF THE SITE OR PARTICIPATION ON SPORTSEVENTS, OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, PRODUCTS
LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOCO SPORTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOCO SPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO YOU OR ANY THIRD PARTY UNLESS OTHERWISE
SPECIFIED IN WRITING. SOCO SPORTS DOES NOT WARRANT THAT THE SITE, SPORTS EVENTS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (OR E-MAIL SENT FROM SOCO SPORTS) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
SOCO SPORTS DOES NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE
OPERATION OF THE SITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SOCO SPORTS DISCLAIMS ALL
LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SOCO SPORTS DISCLAIMS ALL LIABILITY
FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES
RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES,
ADVERTISERS, OR PLAYERS OF SOCO SPORTS. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, MEMBERS AND PLAYERS
ARE SOLELY BETWEEN YOU AND THEM, ALTHOUGH WE RESERVE THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED
TO THE EXACT AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH A SPECIFIC SPORTS EVENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU OR ANY THIRD PARTY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU OR ANY THIRD
PARTY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASE, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT
ALLOWED BY LAW.
XIV. Interpretation
If any provision of these Terms are found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision
shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised, as the
situation may require. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when
necessary, the court is requested to reform any and all terms and conditions to give them such effect. You agree that these Terms may be assigned by SoCo Sports in
its sole discretion. These Terms shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries,
successors, and permitted assigns. You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to these Terms.
XV. Trademarks; Copyrights; Proprietary Rights
Everything located on the Site is the exclusive property of SoCo Sports, LLC or is used with express permission of the copyright and/or trademark owner. ANY
COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE WITHOUT THE EXPRESS WRITTEN
PERMISSION OF SOCO SPORTS, LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right
infringement that may subject you to civil and/or criminal penalties.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and
sound, and the entire contents of the Site is protected by copyright as a collective work under the United States copyright laws. SoCo Sports owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no
copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SoCo Sports or the copyright
owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site otherwise
owned or operated in conjunction with SoCo Sports shall not be deemed to be in the public domain but rather the exclusive property of SoCo Sports, unless such site
is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of SoCo Sports unless otherwise stated.
The foregoing provisions of Section XI apply equally to and are for the benefit of SoCo Sports, its subsidiaries, affiliates, Merchants and its third party content providers
and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
XVI. SoCo Sports’ Trademarks
SoCo Sports trademarks and service marks, and other SoCo Sports’ logos, products and service names, are trademarks of SoCo Sports, LLC (the "SoCo Sports
Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the SoCo Sports Trademarks without SoCo Sports' prior written
consent
XVII. Additional Terms
XVII(a) Governing Law. Except as expressly provided in this Section, (a) this Agreement and the relationship between you and SoCo Sports shall be governed by the
laws of the State of Florida, United States of America, without regard to its conflict of law provisions, as such laws are applied to agreements entered into and to be
performed entirely within Florida between Florida residents, and (b) you and SoCo Sports agree hereby to submit to the personal and exclusive jurisdiction and venue
in the state and federal courts located in the County of Sarasota, Florida, with respect to any such matters, and you agree to waive any and all objections to jurisdiction
and to venue.
The Site is controlled and offered by SoCo Sports in the United States and we make no representation that materials associated with the Site are appropriate or
available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Site from
other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to
enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with these
Terms.
XVII(b) Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by SoCo Sports, in our sole
discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of SoCo Sports' assets, or similar
transaction.
XVII(c ) No Guaranty. We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of our Site may be interfered with by numerous factors
outside of our control.
XVII(d) No Waiver. SoCo Sports' failure to exercise or enforce any right or provision of this Agreement will not operate and constitute as a waiver of such right or
provision and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is unlawful, void or unenforceable, that
provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
XVII(e) Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and SoCo Sports nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
XVII(f) Termination. SoCo Sports may terminate this Agreement at any time. Without limiting the foregoing, SoCo Sports shall have the right to immediately eject any
Players in the event of any conduct by any Players or which SoCo Sports, in its sole discretion, considers to be unacceptable, or in the event of any breach by any
Players of this Agreement.
XVII(f)(a)Survival. Section I (General), Section V (Information Collection and Use), Section XII (Indemnity), Section XIII ( Disclaimer of Warranties / Limitation of
Liability), Section XIV (Interpretation), Section XV (Trademarks; Copyrights; Proprietary Rights), Section XVI (SoCo Sports’ Trademarks) and Section XVII (Additional
Terms) will survive any termination or expiration of this Agreement.
XVII(g) Limitation. You and SoCo Sports each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use
of the Site or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
XVII(h) Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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