50/50 Futbol, LLC – Terms and Conditions

Welcome to 5050futbol.com. These Terms of Use (“Terms”) apply to your access and use of this website to schedule and book individual or group soccer training sessions (collectively, our “Services”) provided by 50/50 Futbol, LLC (“5050 Futbol,” “we,” “us” or “our”). By accessing our website and retaining our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision, do not access our website or use our Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with 5050 Futbol for products, services or otherwise. If you are accessing or using our website to retain our Services on behalf of a minor child, you represent and warrant that you are authorized to accept these Terms on such minor child’s behalf as his/her legal guardian or parent, and that you will be fully responsible to 5050 Futbol if these Terms are violated.

If you have any question regarding the use of our Services, please contact us.

1. Eligibility, Registration and Account

By using our website and our Services, you represent and warrant that you (a) are 18 years of age or older, or alternatively, the legal guardian or parent of a minor child to whom we will be providing Services and (b) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

In order to access or use certain areas and features of our website in order to book, schedule and/or pay for our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify 5050 Futbol if you discover or otherwise suspect any security breaches related to your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

2. Communications Preferences

By creating a 5050 Futbol account, you consent to receive electronic communications from 5050 Futbol (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.

3. Waiver and Release

By booking, scheduling and/or paying for our Services, you hereby acknowledge and accept that the practice sessions and soccer related activities conducted or supervised by us may involve inherent risks and could result in injury. You know the nature of the activities that you or your minor child is participating in when receiving our Services and believe that you or your minor child is qualified to participate in the activities. You expressly state that you or your minor child is in good health and has no limitations that would preclude participation in our training sessions and soccer related activities. You further acknowledge that if you deem any such training sessions or activities provided as part of our Services to be unsafe, you will not participate or will not have your child participate in the activities.

You further agree to release, indemnify and discharge 5050 Futbol and our staff, employees, assistants, agents and successors and assigns from any and all liabilities, suits, claims and damages (including attorneys’ fees) incurred by you or your child arising out of your or your child’s participation in soccer related training activities, including, without limitation, all claims for property damage, personal injuries or wrongful death, other than as a result of intentional misconduct of 5050 Futbol or its’s staff.

By booking, scheduling and/or paying for our Services, you hereby voluntarily assume all risks associated with the training sessions and other related soccer activities conducted by or supervised by 5050 Futbol and understand that you will be solely responsible for injury, loss, damage or death to yourself or your child while participating in such training activities

4. Payment Terms

4.1. Coaching Sessions; Expiration and Cancellation

You may use our website to schedule and purchase one or more coaching sessions. Any coaching sessions purchased must be scheduled and completed within one year of the purchase date. Any coaching sessions not scheduled and completed within one year of purchase are forfeit and you will not be issued a refund. In addition, any coaching session booked may be cancelled for a full refund at any time due to inclement weather or voluntarily by you for your convenience within one day prior to the date of such scheduled session. Late cancellation is subject, at our discretion, to a cancellation/rescheduling fee of 25% of the session price.

4.2. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your 5050 Futbol account, you can do so at any time by logging into your account and editing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

4.3. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice.

Our Services are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our website without prior notice.

4.4. Returns and Refunds

If you are dissatisfied with any of our coaching sessions for any reason, please contact us at [email protected] within two (2) days of the date you completed your coaching session and we will provide you a full refund of the price for that coaching session. If you do not comply with the terms of this section, you will be ineligible to receive a refund. Any training sessions left incomplete after 90 days from purchase date will be eligible for a merchant credit but ineligible for a refund.

5. Copyright and Trademarks

Unless otherwise indicated in writing by us, our website and all content and other materials (such as in home training exercises) provided to you in connection with our Services, including the 5050 Futbol logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of 5050 Futbol or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.“5050 Futbol,” the 5050 Futbol logos are trademarks of 5050 Futbol and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of 5050 Futbol or the applicable trademark holder.

You may not use any metatags or any other hidden text utilizing “5050 Futbol” or any other name, trademark or product or service name of 5050 Futbol without 5050 Futbol’s prior written permission. In addition, the look and feel of our website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 5050 Futbol and may not be copied, imitated or used, in whole or in part, without 5050 Futbol’s prior written permission.

6. Feedback

We welcome your feedback. Please feel free to submit questions, comments, feedback, suggestions, ideas, or other information, regarding our Services or 5050 Futbol (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of 5050 Futbol. 5050 Futbol will own, and you hereby assign to 5050 Futbol, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and 5050 Futbol will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by 5050 Futbol to confirm such assignment to 5050 Futbol.

7. Indemnification

You will defend, indemnify and hold harmless 5050 Futbol, its respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your access to or use of our website; (b) your violation of these Terms; and (c) your conduct, or your child’s conduct during and in connection with our Services.

8. Disclaimers

Your use of our Services is at your sole risk and is subject to the provisions of Section 3 above (Waiver and Release). Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, or fitness for a particular purpose

9. Limitation of Liability

5050 Futbol and the other 5050 Futbol Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, to the fullest extent permitted by the applicable law, even if 5050 Futbol has been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose.

The total liability of 5050 Futbol and the other 5050 Futbol Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) $100.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of 5050 Futbol or the other 5050 Futbol Parties.

10. Modifications to Our Services

5050 Futbol reserves the right to modify or discontinue, temporarily or permanently, our Services, without prior notice. You agree that 5050 Futbol will not be liable for any modification, suspension or discontinuance of our Services.

11. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH 5050 FUTBOL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

11.1. Binding Arbitration

You and 5050 Futbol hereby agree that any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related your use of our website and our Services shall be resolved through binding arbitration to be held in Palm Beach County, Florida.

11.2. Notice; Informal Dispute Resolution

You and 5050 Futbol agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to 5050 Futbol will be sent by certified mail to C/O Stephen Elias, 2000 South Ocean Blvd, Unit Y-3, Delray Beach Florida 33483. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your 5050 Futbol account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and 5050 Futbol cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or 5050 Futbol may, as appropriate and in accordance with this Section 11, commence an arbitration proceeding.

11.3. Process

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and 5050 Futbol agree that any Dispute must be commenced or filed by you or 5050 Futbol within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and 5050 Futbol will no longer have the right to assert such claim regarding the Dispute). You and 5050 Futbol agree that (a) any arbitration will occur in West Palm Beach, Florida, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Florida and the United States, respectively, sitting in West Palm Beach, Florida, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in Palm Beach County, Florida if the Dispute meets the requirements to be heard in small claims court.

11.4. Authority of Arbitrator

As limited by these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

11.5. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website (www.jamsadr.com). By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

12. Cookie Policy

Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.

What types of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

Functionality cookies

Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

How to delete cookies?

If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

13. Applicable Law and Venue

These Terms and your use of our Services will be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 11 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in West Palm Beach, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

14. Termination

5050 Futbol reserves the right, without notice and in its sole discretion, to terminate your use of our Services and to refuse to provide you with our Services for any or no reason.

15. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing our website and refrain from using our Services.

16. Severability

If any provision of these Terms will be deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

17. Miscellaneous

These Terms constitute the entire agreement between you and 5050 Futbol relating to your access to our website and use of our Services. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and 5050 Futbol’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.