USA Football

Last updated: April 23, 2008. To see what has changed, click here.

1. Acceptance of Terms of Use. USA Football, Inc. ("USA Football") provides its on-line services and Web Site to you, the User, subject to this Terms of Service Agreement ("Agreement"). Any User may choose to also become a Member by League Administrator, Club or Team, Coach or Officiating memberships. USA Football reserves the right to alter this Agreement at any time without notice to User. By using the USA Football web site, located at the URL http://www.usafootball.com, User agrees to abide by this Agreement.

2. On-line Services and Disclaimer of Warranty. The USA Football web site provides on-line resources including, but not limited to, on-line information regarding and access to USA Football's web network, downloadable demo programs, and on-line communities ("Service"). Any new services, resources or informational content added to the web site shall fall under the terms of this Agreement. The on-line resources, informational content, and software on this web site is provided "AS IS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. USA Football assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the USA Football web site.

2.1 Access to the Internet is dependent upon numerous factors, technologies, and systems, many of which are beyond USA Football's authority and control. In addition, routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption of the Service. For these reasons, USA Football will not guarantee continuous or uninterrupted Service, and reserves the right from time to time to temporarily reduce or suspend Service without notice. USA Football will attempt (but cannot guarantee that such efforts will be successful) to notify you in advance of any such service reduction or interruption, and to schedule any such service reduction or interruption during off-peak periods and for as briefly as possible.

2.2 You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Services and for any telephone charges associated with connecting to and using the Services, including without limitation any telephone charges associated with the transmission to or from your computer of any information sent by or on behalf of USA Football. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges, and for paying such charges. USA Football will not reimburse you for any such charges. USA Football reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are USA Football's property and USA Football may alter or replace them at any time.

2.3 Accounts exceeding allocated space/storage may, depending on the Service and at USA Football's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. USA Football may delete the temporary file from the server after notifying you.

2.4 Software License

2.4.1 USA Football grants to you a personal, non-transferable, non-exclusive license to install and use USA Football's software (in object code form only), its associated documentation, and any updates ("Software") in order to access and utilize the Services subject to the terms and conditions of this Agreement. The Software is licensed, not sold, to you by USA Football and may be used only to connect to the Services from the United States of America and such other locations as USA Football may authorize. USA Football may modify the Software at any time, for any reason, and without providing notice of such modification to you.

2.4.2 The Software constitutes confidential and proprietary information of USA Football and USA Football's licensors and embodies trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Software, including associated intellectual property rights, is and shall remain with USA Football and USA Football's licensors. You shall not, and shall cause your employees and agents not to, disclose or transfer any portion of the Services to any third party. You further agree not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Services. You agree not to modify the Software in any way, or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Services or disabling features of the Software or Services.

2.4.3 You may not download, use, or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. The Software includes certain cryptographic software that may be subject to any applicable export controls, including the U.S. Export Administration Act. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

3. Registration. Certain areas of the USA Football web site are provided solely to registered Users of the web site and Members. Any User registering for such services agrees to provide true and accurate information during the registration process. USA Football reserves the right to terminate the access of such Users should USA Football know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. USA Football reserves the right to require valid credit card information as proof of legal age. USA Football maintains a strict on-line Privacy Policy.

3.1 You agree to provide USA Football with accurate, current and complete information, to the extent required by USA Football for your registration as a user of the Service or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete. You agree in your enrollment and in your use of the Service not to impersonate any other person or entity.

3.2 Many services at the site are available without any fees. You will be charged for services according to the descriptions provided to you and, if necessary, for applicable taxes and other fees; some services may be charged pursuant to an annual or a monthly service fee and others may involve other different periodic charges for services (in the absence of another specific description by USA Football, most Memberships (including League Administrator, Club or Team, Coach or Officiating Memberships) will be charged as a one-time fee for a one-year membership). Some services may also include charges for hardware, activation or early cancellation. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. All charges are considered valid unless disputed in writing within 90 days of the billing date. You agree to release USA Football from any liability for any error or discrepancy that is reported to USA Football after such period. Delinquent accounts may be suspended or canceled at USA Football's sole discretion; however, charges will continue to accrue until the account is canceled. USA Football may bill an additional charge to reinstate a suspended account. If USA Football does not receive the amount of your account balance within 30 days of the applicable invoice date, an additional 1.5% (or the highest amount permissible by law, if less) per month of the amount outstanding may be added to your invoice as a late charge. You will be liable for all attorney and collection fees arising out of USA Football's efforts to collect any unpaid balance of your account.

4. User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify USA Football at security@USAFootball.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. You must notify USA Football immediately upon discovering any unauthorized use of your account. USA Football shall not be responsible for User's failure to abide by this Paragraph. Other users of your account will be bound by this Agreement as if they were you. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password.

5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the USA Football web site, or privately transmitted through the USA Football web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the USA Football web site. USA Football does not and cannot control the informational content Users transmit through the USA Football web site. Under no circumstances shall USA Football be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall USA Football be held liable for any errors or omissions in any informational content transmitted by Users.

6. User conduct. User agrees to not use the USA Football web site to:

1. upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, libelous, vulgar, obscene, invades the privacy of another, or is otherwise objectionable;
2. harm legal minors;
3. collect personal information on, acting to "cyberstalk" or harass another User, or engage in conduct that negatively affects the on-line experience of another User;
4. impersonate another User, person, or entity, including any official or employee of USA Football;
5. intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
6. upload, post or transmit any software or files that contain software viruses or other harmful computer code;
7. interfere with the operation of USA Football's web servers or other computers or Internet or network connections;
8. upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
9. upload, post or transmit and unsolicited or unauthorized advertising, including "spam" or "junk mail;
10. otherwise violate the Acceptable Use Policy ("AUP") of USA Football.

USA Football does not pre-screen uploaded, posted or transmitted content, but USA Football reserves the right to monitor, inspect, edit and delete any content that USA Football knows, or has reason to know, has violated this Agreement. USA Football reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this Agreement. USA Football may disclose any informational content Users post, upload or transmit to the USA Football web site, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of USA Football, the public, or other Users.

USA Football has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if USA Football, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers. USA Football may immediately remove your material or information from USA Football's servers, in whole or in part, which USA Football, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.

7. Content submitted by Users. USA Football does not claim ownership of any informational content submitted by Users to the USA Football web site. User grants USA Football a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the USA Football web site. This license exists only so long as User allows its content to remain on the USA Football web site and will terminate in the event that User removes such content.

8. Indemnity. You agree to indemnify, defend and hold USA Football, and its subsidiaries, affiliates and their respective officers, directors, employees and agents and co-branders or other partners harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that USA Football may sustain or incur by reason of (i) any breach or alleged breach of any term or condition of this Agreement or incorporated agreements arising from your use of the Services and/or your connection to the Service including, without limitation, (x) your dissemination of any information on the Services, (y) due to or arising out of content you submit, post, transmit or make available through the Service, and/or (z) your violation of this Agreement, and/or (ii) your violation of any rights of another.

9. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the USA Football web site.

10. Limits and modifications. USA Football may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the USA Football web site. USA Football reserves the right to modify any and all portions of the USA Football web site without notice. Under no circumstances shall USA Football be liable to User or any other party for such limits or modifications.

11. Termination. USA Football may terminate your access to the Service, your account, your password, or this Agreement for cause or no cause, with or without written notice to you. Upon termination, you will have no right to use the Services or access any stored content on the Services (and any such content will be forfeited).

You may cancel billing for your use of the Service at any time by calling USA Football or by using any other means that USA Football has made available for account termination, provided that you remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this Agreement or any terms, policies, or practices of USA Football in operating the Services, any content available through the Services, or any changes to the Agreement or Service, your sole recourse is to cancel your account properly and pay any cancellation fees that apply. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received.

You acknowledge that if your account is terminated or cancelled by USA Football or by you, any unread email sent prior to termination (or deletion of your account) and all files stored on USA Football servers may be deleted by USA Football.

12. Third party advertisers. USA Football may allow third party advertisers to advertise on the USA Football web site. USA Football takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. USA Football shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

13. Hyperlink policy. The USA Football, Inc. site contains hyperlinks to other Internet sites not under the editorial control of USA Football, Inc. These hyperlinks are not express or implied endorsements or approvals by USA Football, Inc., of any products, services or information available from these sites. Further information is within our Hyperlink Policy.

14. USA Football's intellectual property rights. User agrees not to distribute, license, or create derivative works from any of USA Football's copyrighted or trademarked material, including graphic files and software, available on the USA Football web site. If you are the owner of a copyright or trademark or other form of intellectual property and you feel it has been used without your permission, please follow these directions to submit an infringement notice under our DMCA Notices/Notices of Infringement Procedures.

15. No warranties. USA FOOTBALL AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. USA FOOTBALL DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. USA FOOTBALL DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH USA FOOTBALL OR THE INTERNET, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. USA FOOTBALL DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR USA FOOTBALL'S SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY USA FOOTBALL, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. USA FOOTBALL AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, USA FOOTBALL'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

16. Limitation of liability. USA FOOTBALL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF USA FOOTBALL, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST USA FOOTBALL IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

17. Notice. Notices may be posted to the USA Football web site or e-mailed to Users using the e-mail address Users submitted during the registration process. Any party seeking to report any other potential violations of their rights or of this Agreement or otherwise may contact USA Football via email at abuse@USAFootball.com.

18. Jurisdiction. This Agreement shall be governed by the laws of the Commonwealth of Virginia. User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Fairfax or Arlington Counties or the City of Alexandria in the Commonwealth of Virginia.

19. Miscellaneous

19.1 This Agreement, the Acceptable Use Policy, and USA Football's other agreements and policies posted on USA Football's Web site constitute the entire agreement between you and USA Football with respect to your use of the Service and use of the USA Football web site. USA Football may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on USA Football's Web site and/or on your start pages and/or by email and/or in our various publications and mailings to you. You may agree to other terms and conditions by virtue of offers made to you by virtue of your Membership, by communicating with advertisers or by access to certain services offered in and through the site. The failure of USA Football to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

19.2 You may not assign your rights or delegate any of your duties under this Agreement. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. USA Football may subcontract any work, obligations or other performance required of USA Football under this Agreement without your consent.

19.3 The failure of either you or USA Football to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and USA Football nor trade practice will act to modify any provision of the Agreement.

20. Violations. Any party seeking to report any other known or suspected violations of this Agreement or otherwise may contact USA Football via email at abuse@USAFootball.com. You can reach us by posted mail at: USA Football, Inc.
Attn: Customer Service
8300 Boone Boulevard, Suite 625
Vienna, Virginia 22182