McLean Youth Soccer Association

Welcome to the McLeanSoccer.org web site owned and operated by The McLean Youth Soccer Association (“MYS”).

IMPORTANT – PLEASE READ CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE. THE FOLLOWING IS A LEGAL AGREEMENT (THE “TERMS OF SERVICE AND MEMBERSHIP” OR “TOU”) THAT STATES THE TERMS AND CONDITIONS THAT GOVERN ACCESS TO AND THE USE OF THE SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”). MYS IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AND MEMBERSHIP AGREEMENT (THE “TOU”). BY CLICKING “I AGREE” AT THE END OF THIS TOU OR BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TOU, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE LEGALLY BOUND BY IT AND ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE ANY PART OF THE SITE. IN SUCH CASE, PROMPTLY RETURN AND/OR DELETE ANY MATERIALS RELATED TO THE SITE THAT YOU HAVE RECEIVED FROM MYS OR THAT YOU HAVE IN YOUR POSSESSION.]

Expanded policy terms:

IMPORTANT - BEFORE ACCESSING OR USING ANY PART OF THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AND MEMBERSHIP AGREEMENT (THE “TOU”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”). MYS IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION BY MYS TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

Please note that MYS reserves the right to change the following terms and conditions from time to time by posting a revised TOU at www.mcleansoccer.org. Your continued use of this Site following any change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.

TERMS AND CONDITIONS

1. LICENSE GRANT. This Site is provided by MYS. This TOU provides you, a User, with a personal, revocable, limited, non-exclusive, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOU is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. You expressly acknowledge and agree that MYS transfers no ownership or intellectual property interest in and to the Site to you or anyone else.

2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY MYS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

3. USER OBLIGATIONS. By accessing and using this Site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration form. If you provide any false, inaccurate, untrue, or incomplete information, MYS reserves the right to terminate your access and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site and agree not to interfere with the use and enjoyment of this Site by other Users and MYS’ operation or management of this Site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of MYS, when using this Site.

4. PROPRIETARY RIGHTS. All programs, software, products, information, documentation, and information contained on or available through the Site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, MYS does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that MYS actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2004 the McLean Youth Soccer Association and/or its licensors. All rights reserved. MYS also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by MYS. MYS and all other names, logos, and icons identifying MYS and its products and services are proprietary trademarks of MYS, and any use of such marks without the express written permission of MYS is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

5. PRIVACY POLICY. MYS considers your personal identifying information to be private and operates this Site by keeping any collected personal identifying information confidential, as described in the MYS Privacy Policy. Nevertheless, you understand, acknowledge, and agree that the operation of this Site requires the submission, use, and dissemination of various personal identifying information. Accordingly, your use of this Site constitutes acceptance of MYS’s personal identifying information collection and use practices. Please see MYS’s Privacy Policy for a summary of MYS’s personal identifying information collection and use practices.

6. RESPONSIBILITY FOR USE. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While MYS has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Site may involve transmission over various networks. Accordingly, MYS is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this site and must make your own determination as to these issues.

7. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. MYS reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. MYS will also comply with all court orders involving requests for such information.

8. POSTINGS. To the extent that the Site contains bulletin boards, message boards, chat rooms, message areas, platforms, question/answer areas, or other communication forums (collectively, “forums”), you agree that by following materials on the Site’s forums:

• anything which interferes with or disrupts the Site or the operation thereof

• statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others

• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another

• statements or material that violates other contractual or fiduciary rights, duties, or agreements

• statements or material that is bigoted, hateful, or racially offensive

• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction

• statements or material that constitutes anti-competitive collaboration and/or antitrust violations

• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person

• statements or material that harms minors

• statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of MYS

• statements or material that misrepresents your affiliation with any entity and/or MYS

• anything that violates the privacy rights of any other person

• chain letters or pyramid schemes

• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials   

• statements or material that are “off-topic” for a designated forum

• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer

9. NO PRE-SCREENING OF POSTINGS. MYS is not responsible for screening, policing, editing, or monitoring your, another User’s, or other third party content posted to Site forums, and MYS is not a publisher of such postings. Nevertheless, MYS reserves the right to delete or take other action with respect to postings that MYS believes in good faith violate this TOU and/or are potentially unlawful. If you violate this TOU, MYS may, in its sole discretion, issue you a warning and/or terminate your use of the Site. Moreover, it is a policy of MYS to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you become aware of postings that violate these rules, you may contact soccermcl@aol.com

10. NO ENDORSEMENT OF POSTINGS. You must use your best judgment and reasonable caution in evaluating all User or third party postings or other content (including information and opinions posted by others to forums) on the Site. MYS does not endorse, oppose, or edit any opinion or information provided by a User or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this TOU. MYS does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any User of, or third party contributing materials to, this Site. MYS expressly disclaims all responsibility and liability for such postings, information, and materials.

11. PERMISSION TO USE POSTINGS. The purpose of this Site and the services, programs, products, materials, and information available through it is to share information and provide service about MYS with our members and visitors, and to internally and externally promote the Club’s mission, achievements and interests. By submitting information, content, and materials to a forum or other portion of this Site or by otherwise using the Site to transmit information, content, and materials, you automatically grant MYS a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials.  Notwithstanding this right and license, it is understood that by merely permitting your information, content,  and materials to appear on this Site, MYS has not become and is not a publisher of such information, content, and materials.

12. SUBMISSIONS. MYS welcomes your feedback and suggestions about how to improve this  Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to MYS, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to MYS. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MYS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

13. MESSAGE STORAGE. MYS assumes no responsibility for the deletion of or failure to store any message.

14. THIRD PARTY PRODUCTS/SERVICES. You acknowledge and agree that this Site may feature materials, products, and services provided by Users and third parties. MYS makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products, and services may access. MYS expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.

15. ADVERTISERS ON THIS SITE. MYS, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser.  You agree that MYS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, MYS shall not be responsible or liable for the statements or conduct of any third party on this Site.

16. LINKS TO OTHER SITES. MYS may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by MYS and are maintained by third parties over which MYS exercises no control. Accordingly, MYS expressly disclaims any  responsibility for the content, the materials, the accuracy of the information, and/or quality of the products and services provided by or advertised on these third party websites.  Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.

17. EVENTS BEYOND MYS’S CONTROL. You expressly absolve and release MYS from any claim of harm resulting from a cause beyond MYS’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

18. DISCLAIMER. WHILE MYS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, MYS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. MYS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

19. LIMITATION OF LIABILITY. IN NO EVENT SHALL MYS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MYS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL  DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR MYS FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MYS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

20. INDEMNITY. You agree to defend, indemnify, and hold harmless MYS and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site and any breach by you of this TOU.

21. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in Virginia. Any action to enforce this TOU will be brought in the federal courts presiding in Alexandria, Virginia, U.S. or state courts presiding in Fairfax County, Virginia, U.S. and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by MYS from its offices within the United States. MYS makes no representation that the Site is appropriate or available use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with applicable local laws.

22. TERM AND TERMINATION. This TOU will take effect at the time you click “I ACCEPT” and/or begin accessing, or using this Site, whichever is earliest. MYS reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof and to terminate this TOU. This TOU will terminate automatically if you fail to comply with the
    ate limitations described herein. Termination will be effective without notice. You may terminate any time by ceasing to use the Site, but all applicable provisions of this Agreement will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Site in your possession.

23. SURVIVABILITY.  The provisions concerning proprietary and intellectual property rights , permission to use postings, submissions, events beyond MYS’s control, confidentiality, indemnify, representations and warranties, disclaimers of warranty and liability, availability records, admissibility of this TOU, termination, and governing law will survive the termination of this TOU for any reason.

24. WAIVER. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by MYS of any right under this TOU will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time.

25. ADMISSIBILITY. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

26. SEVERABILITY. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

27. RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency relationship exists between you and MYS as result of this TOU or your utilization of this Site.

28. RESERVATION OF RIGHTS. Any rights not expressly granted by MYS herein are reserved.

29. ENTIRE AGREEMENT. This TOU, MYS’s Privacy Policy, and any related or associated service or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represents the entire agreement between you and MYS with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and MYS with respect to this Site. Please note that MYS reserves the right to change the terms and conditions of this TOU and under which this Site and its many offerings are extended to you.  In addition, MYS may add,  or delete any aspect of this Site. Your continued use of this Site will be conclusively deemed
    acceptance of any change to this TOU or the Site.

30. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning MYS and its products or services, please contact MYS at soccermcl@aol.com.