TERMS OF SERVICE

LAST UPDATED: May 22, 2018

Please carefully read these terms and conditions of use (these “Terms of Service”) before using the Site and the Services. These Terms of Service apply to the web site located at www.Sporting United Soccer Club.com, and the subdomains thereof, as well as the individual Member Club sites on which this Terms of Service is posted (the “Site”). These Terms of Services also apply to various online services and applications provided by Sporting United Soccer Club on or through the Site, as well as any mobile/tablet applications that link to or reference these Terms of Service (collectively, the “Services”). Your access to and use of the Site and the Services (whether or not you are a registered member) is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws, rules and regulations. By accessing and using this Site and/or the Services, you signify your assent to these Terms of Service. These Terms of Service (including the Privacy Policy) may be amended or modified at the sole discretion of Major League Soccer, L.L.C. (“Sporting United Soccer Club” or “we”, “us” or “our”), or new conditions may be imposed by Sporting United Soccer Club, at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Site and/or the Services following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service (including the Privacy Policy), do not use the Site and/or the Services.

1. Ownership and use restrictions

The Site is owned and operated by Sporting United Soccer Club. Sporting United Soccer Club reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.

The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services, Sporting United Soccer Club, any of the Sporting United Soccer Club member clubs or any of or any of the Sporting United Soccer Club sponsors, licensees and other affiliates (the “Content”) are either owned by, or licensed to, Sporting United Soccer Club. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Site and/or Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, e

xcept as expressly provided in these Terms of Service, without the express written permission of Sporting United Soccer Club

, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owner’s copyright and other proprietary rights.

The wordmarks, logos, trade names, packaging and designs of Sporting United Soccer Club, Sporting United Soccer Club, the current and former Sporting United Soccer Club member clubs and the Site and the Services are the exclusive property of Sporting United Soccer Club or our affiliates. All other word marks and logos (each, a “Trademark” and, collectively the “Trademarks”) appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.

Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, Sporting United Soccer Club. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with Sporting United Soccer Club.

2. Access to site

To access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in Sporting United Soccer Club sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event Sporting United Soccer Club changes the minimum technical requirements is to terminate your use of the Site and/or the Services.

Registration for the of certain features

3.1 Registration; Privacy

In order to access certain features of the Site and/or Services, you may be required to register with Sporting United Soccer Club by providing certain personally identifiable information about yourself, including, but not limited to, your name and email address. In consideration for our granting you access to these features of the Site and Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Site and Services, subject to all applicable laws, rules and regulations. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Sporting United Soccer Club has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, we have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Site and Services. For details concerning how such personally identifiable information is collected, used, disclosed and otherwise managed please see our Privacy Policy, which is incorporated herein by this reference.

3.2 User Name

In order to use certain functionalities of the Site and/or Services, you may be asked to select a user name (a “User Name”) for identification purposes. You must not use any User Name that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.

3.3 Subscription Services

Sporting United Soccer Club may offer certain services that require payment of a fee in order to use or receive a subscription (“Subscription Services”). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that Sporting United Soccer Club may request from you, including your IP address. The Subscription Services may also require additional technical requirements.

Sporting United Soccer Club may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.

4. Services and Content

The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of Sporting United Soccer Club.

4.1 Messaging

a. The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions (each a “Message Feature” and, collectively, the “Message Features”).

b. You must use the Message Features in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below.

c. We and our third-party providers (the “Vendors”) shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any User Name including that which: (i) violates any term of these Terms of Service (including, but not limited to the Code of Conduct); (ii) is otherwise illegal, offensive or inappropriate; and/or (iii) for any other reason, in our sole discretion. Depending on the nature of the violation, we shall have the sole discretion to terminate your access to the Site and/or Services at any time. Please be advised that we and our Vendors will, in accordance with the Privacy Policy of the Site and all applicable laws, fully cooperate with any and all law enforcement authorities and court orders in any and all jurisdictions requesting or directing us or our Vendors to disclose personal information of anyone who submits a Message or User Name that violates the foregoing terms.

d. Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Site/Services, neither Sporting United Soccer Club nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither Sporting United Soccer Club nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services.

e. Messages submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and User Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or User Name to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in “Submissions”, below.

4.2 Submissions

By transmitting any Message or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited, (each, a “Submission” and, collectively, “Submissions”), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). Sporting United Soccer Club, SUM, the operators of the Sporting United Soccer Club member clubs and their respective affiliates shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.

a. Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.

b. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any Submissions that are unsolicited. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by Sporting United Soccer Club and/or our affiliates might appear to be similar to your Submission(s). If you do send any Submission(s) to Sporting United Soccer Club via the Site, Services, or otherwise, that are unsolicited, however, you agree that (i) your unsolicited Submission(s) are not being made in confidence or trust and that by making such Submission(s) no contractual or fiduciary relationship is created between you and Sporting United Soccer Club; (ii) any such unsolicited Submission(s) and copyright become the property of and will be owned by Sporting United Soccer Club and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Sporting United Soccer Club sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submission(s); and (iv) by sending an unsolicited Submission you waive the right to make any claim against Sporting United Soccer Club or our affiliates relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

4.3 Ownership and Non-Infringement

By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.

5. Code of Conduct

5.1 Code of Conduct

You agree not to use the Site and Services, including, but not limited to transmitting Messages, links or Submissions in manner that:

i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;

ii) is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by Sporting United Soccer Club;

iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;

iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;

v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;

vi) harms or attempts to harm minors;

vii) contains any information, software or other material of a commercial nature;

viii) contains advertising, promotions, spam or commercial solicitations of any kind;

ix) constitutes or contains false or misleading indications of origin or statements of fact; or

x) contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.

Clauses i) – x) shall collectively be referred to as the “Code of Conduct”.

5.2 General Prohibited Uses

You agree that in connection with your use of the Site and the Services, you will not:

i) harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity;

ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;

iii) delete or revise any material or other information of any other user of the Services;

iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;

v) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;

vi) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;

vii) allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;

viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;

ix) access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;

x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Services; or

xii) forge any TCP/IP packet header or any part of the header information in any email or posting.

Violations of system or network security may result in civil or criminal liability.

Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any Sporting United Soccer Club game.

Sporting United Soccer Club reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and Sporting United Soccer Club may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

6. Voting & Mobile Program

6.1. The Site may offer you opportunities to vote in connection with certain events including, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.

6.2. To view Sporting United Soccer Club Terms and Conditions describing our mobile program and available codes

7. Terms of Sale

Sales from the official Sporting United Soccer Club (the “Store”), auctions (“Auctions”), the ticketing feature (“Ticketing”) and sales of Subscription Services are subject to the following terms and conditions:

Many areas on the Site (including, but not limited to the Store, “Fantasy”, Auctions, Ticketing and “Mobile”) allow you to order goods and/or services supplied by our Vendors.

Auctions may allow you to purchase merchandise through an auction process (products purchased through the Store and the Auctions are collectively referred to as the “Merchandise”).

The Site also provides Ticketing, which allows you to purchase tickets for Sporting United Soccer Club games and other Sporting United Soccer Club-related events.

The Store allows you to order products supplied and managed by an independent merchandise vendor, Fanatics, Inc. By placing an order in the Store, you acknowledge that Fanatics is exclusively responsible for the fulfillment and shipment of all Merchandise ordered.

Questions relating to the Store, Merchandise and its fulfillment should be directed to Fanatics by: (i) live chart; (ii) e-mail or (iii) telephone. Please refer to the Contact Us section of the Store for more information.

By purchasing any Merchandise, tickets or Subscription Services through the Site, you acknowledge and agree that your payment card is being charged by the payment processor of a Vendor of the Site. For purposes of these Terms of Service, such payment processor will be considered a Vendor.

ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY OF OUR VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, TICKETING OR THE SERVICES, OR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE, TICKETS OR SERVICES.

We and our Vendors reserve the right to modify the price of any Merchandise or Subscription Services and substitute any merchandise or services of similar value for any current Merchandise or Subscription Services. In order to purchase Merchandise, tickets or Subscription Services on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, email address, payment card information and shipping address, which shall be collected in accordance with the Site’s Privacy Policy and/or Fanatic’s Privacy Policy. Your ability to purchase Merchandise, tickets or Subscription Services is subject to limits established by your payment card issuer. You must notify us immediately of any change in your payment card information, including any change to your home address. We or our Vendors may bill your payment card at the time Subscription Services or tickets are ordered or shipped, and the appropriate Sporting United Soccer Club member club operator, Vendor or Sporting United Soccer Club, as applicable, may bill your payment card at the time your tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. We may, in our sole discretion, decline service to or terminate any account. Neither Sporting United Soccer Club, any Sporting United Soccer Club member club operator, nor any Vendor shall be responsible for and must not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to Sporting United Soccer Club either by: (i) sending a message here hello@SportingUnited.com

In addition with respect to the Subscription Services, you agree to pay all subscription fees and other applicable charges in accordance with Sporting United Soccer Club or its Vendors billing practices in effect at the time such fee or other charge becomes payable. Sporting United Soccer Club or its Vendor may change its billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. All payments for Subscription Services are non-refundable.

Sporting United Soccer Club or its Vendor may offer certain Subscription Services for which the subscription automatically renews each year, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner. Sporting United Soccer Club or its Vendor agrees to notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.

Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge (“Trial Subscription”), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Services as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.