THESE TERMS OF USE HAVE A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER PROVISION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Welcome to Cypress Futbol Club dba FC Premier, the leading sports registration and management software provider serving coaches, parents, athletes, clubs, leagues, associations, and governing bodies. These “Terms of Use” are a legal agreement between you, as a user of our services, and Cypress Futbol Club dba FC Premier, LLC, a Delaware limited liability company (“Cypress Futbol Club dba FC Premier”). These Terms of Use apply to all Cypress Futbol Club dba FC Premier websites, mobile applications, software platforms, and social media accounts that link to these Terms of Use (collectively the “Sites and Services”). Our Sites and Services include the Cypress Futbol Club dba FC Premier, Cypress Futbol Club dba FC Premier, Cypress Futbol Club dba FC Premier Pro, Cypress Futbol Club dba FC Premier Travel, Cypress Futbol Club dba FC Premier App, Cypress Futbol Club dba FC Premier Pay, and Cypress Futbol Club dba FC Premier Ticketing software platforms. Unless otherwise indicated in those platforms, these Terms of Use apply to each. The Sites and Services are the property of Cypress Futbol Club dba FC Premier and are subject to the following terms and conditions. Please read these Terms of Use carefully. By accessing and using the Sites and Services, you agree to comply with and be bound by these Terms of Use. If you do not agree with these Terms of Use, you must not access or use our Sites and Services.

1. Use of Our Sites and Services.

Our Sites and Services are owned and operated by Cypress Futbol Club dba FC Premier. Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Sites and Services for your personal use only, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Sites or Services. Cypress Futbol Club dba FC Premier reserves all rights not expressly granted herein. Cypress Futbol Club dba FC Premier may terminate this license at any time for any reason or no reason. You agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your access and use of our Sites and Services.

2. Application of Terms and User Classifications.

(a) User Classifications. These Terms of Use distinguish between two types of users:

• (i) “Customers” means any team, club, league, association, tournament organizer, or other governing body that uses our Sites and Services to manage registrations, events, payments, or other administrative functions. Customers typically have administrative access to the Cypress Futbol Club dba FC Premier Software platforms.
• (ii) “End Users” means individual users such as parents, players, coaches, referees, or other participants who access our Sites and Services to register for events, make payments, view schedules, or otherwise participate in activities managed through our platforms.

(b) Application to Customers. For Customers, these Terms of Use apply only to the extent there is no separate written agreement between Cypress Futbol Club dba FC Premier and the Customer governing the use of our Sites and Services. Where such a separate agreement exists, the terms of that separate agreement shall control with respect to any conflicting provisions, and these Terms of Use shall apply only to matters not addressed in the separate agreement.

(c) Application to End Users. For End Users, these Terms of Use constitute the entire agreement between you and Cypress Futbol Club dba FC Premier regarding your use of our Sites and Services, regardless of whether the organization through which you access our Sites and Services has a separate agreement with Cypress Futbol Club dba FC Premier.

(d) Hierarchy of Agreements. In the event of any conflict between these Terms of Use and any separate agreement between Cypress Futbol Club dba FC Premier and a Customer, the following order of precedence shall apply: (i) the separate agreement between Cypress Futbol Club dba FC Premier and the Customer; (ii) these Terms of Use; (iii) any other policies or guidelines referenced in these Terms of Use.

(e) Acceptance. By accessing or using our Sites and Services, both Customers and End Users agree to be bound by these Terms of Use to the extent applicable as described in this Section.

3. Term and Termination.

By accessing or using our Sites and Services, you agree to be bound by Cypress Futbol Club dba FC Premier’s Terms of Use, and upon your initial access to or use of our Sites and Services, the term of these Terms of Use (the “Term”) will begin. The Term will continue for as long as you continue to access or use our Site and Services or for as long as you have an account with us (a “Cypress Futbol Club dba FC Premier Account”), which may be until you close or we terminate your Cypress Futbol Club dba FC Premier Account in accordance with these Terms of Use, whichever happens first. If these Terms of Use, or your Cypress Futbol Club dba FC Premier Account, are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Use will end, (b) you agree to immediately terminate and cease use of all Sites and Services, (c) we may delete your information and account data stored on our servers, and (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Sites and Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these Terms of Use survive and remain in effect in accordance with their terms upon termination: 5 (Personal Information and User Content), 7 (Code of Conduct), 8 (Intellectual Property Rights), 11 (Payment Processing), 13 (Cypress Futbol Club dba FC Premier Software Fees & Refund Policy), 17 (Disclaimer of Warranties), 18 (Limitation of Liability and Damages), 19 (Indemnification), 20 (Choice of Law and Arbitration), 21 (Waiver of Jury Trials and Class Actions), and 25 (Other Provisions).

4. Cypress Futbol Club dba FC Premier Account Registration.

You must be 18 years of age or older to create a Cypress Futbol Club dba FC Premier Account. Certain services provided by Cypress Futbol Club dba FC Premier require you to register for a Cypress Futbol Club dba FC Premier Account. In that event, you agree to provide true, accurate, current, and complete information about yourself. You agree that Cypress Futbol Club dba FC Premier may use the information to provide you with the services. You are responsible for maintaining the confidentiality of your Cypress Futbol Club dba FC Premier Account (including your username and password information) and for restricting access to your Cypress Futbol Club dba FC Premier Account. You agree to accept responsibility for all activities that occur in your Cypress Futbol Club dba FC Premier Account. Additionally, you agree to notify Cypress Futbol Club dba FC Premier immediately of any unauthorized access or use of your Cypress Futbol Club dba FC Premier Account or password or any other breach of security. We reserve the right to terminate your Cypress Futbol Club dba FC Premier Account at any time. In the event of any dispute between two or more parties regarding account ownership, we will be the arbiter of such dispute at our sole discretion. Our decision (which may include termination or suspension of any Cypress Futbol Club dba FC Premier Account subject to dispute) will be final and binding on all parties.

5. Personal Information and User Content.

(a) Personal Information and User Content. Some of our Sites and Services work through your input or transfer of information that may be subject to applicable privacy and data security laws (“Personal Information”). In addition, some of our Sites and Services may allow you to provide content such as user profile information, images, videos, comments, questions, and other content (“User Content”). You represent and warrant that your User Content and Personal Information: (i) is owned by you or you control all necessary rights to it, (ii) does not violate, misappropriate, or infringe on the rights of any third party, including intellectual property rights, privacy rights, or publicity rights, (iii) is accurate, not obscene, false, libelous, or defamatory, (iv) will not encourage conduct that would be considered a criminal offense or gives rise to civil liability, (v) does not advertise products or services, and (vi) will not cause injury to any person, entity, or system. By posting User Consent, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display, and distribute it. You retain all rights in your User Content and Personal Information, subject to the rights you grant us in these Terms of Use. Cypress Futbol Club dba FC Premier assumes no liability for any User Content you post and is not obligated to monitor User Content. Cypress Futbol Club dba FC Premier may, in its sole discretion, remove any User Content at any time and for any reason. You agree and understand that we are not responsible for and do not endorse User Content posted by another person. You agree to hold us harmless for any loss or damage caused to you, whether directly or indirectly, in connection with any User Content posted by another person.

(b) User Responsibility. By using the Sites and Services, you acknowledge and agree that you are solely responsible for your actions and the content you post on the Sites and Services. You understand that any violation of these Terms of Use or applicable laws may result in consequences as outlined in these Terms of Use.

(c) Reporting Abusive Behavior or Content. If you encounter abusive behavior or content on our Sites and Services, please report it immediately to the Cypress Futbol Club dba FC Premier Support Team. We take such reports seriously and will investigate and take appropriate action in accordance with our policies and these Terms of Use.

(d) Data Privacy. You agree and consent to the use, transfer, processing, and storage of Personal Information and User Content in accordance with these Terms of Use and our Privacy Policy. Please review our Privacy Policy to learn more about our information collection, use, and disclosure practices. Our use, retention, or disclosure of User Data and User Content is for the sole business purpose of performing our services.

6. Our Policy Towards Children.

Our Sites and Services are intended for general audiences and are not directed to children under 13. By accessing or using our Sites and Services, you represent that you are 18 years of age or older. If you are between thirteen and eighteen, you need permission from a parent or guardian to use our Sites and Services. If you permit your child or legal ward between thirteen and eighteen years of age (your “Child”) to use the Sites and Services, you hereby agree to these Terms of Use on behalf of yourself and your Child. You further agree that you are solely responsible for all use of the Sites and Services by your Child, regardless of whether you authorized such use. Cypress Futbol Club dba FC Premier encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access our Sites and Services.

7. Automated Access and Data Collection.

Prohibited Activities. Except as expressly permitted in writing by Cypress Futbol Club dba FC Premier, you shall not, and shall not permit any third party to:

• (a) use any software, bot, robot, spider, crawler, scraper, data mining tool, artificial intelligence agent, autonomous or semi-autonomous tool, or other automated device, process, or means to access, index, survey, harvest, collect, store, or copy any data, content, or information from or available through the Sites and Services;
• (b) use any manual process to monitor, copy, extract, or compile data or content from the Sites and Services for any purpose not expressly authorized by these Terms of Use;
• (c) circumvent, disable, bypass, or otherwise interfere with any technical measures implemented by Cypress Futbol Club dba FC Premier to restrict, limit, or control automated access to the Sites and Services, including but not limited to rate limiting, CAPTCHA or similar challenge-response mechanisms, IP-based access restrictions, authentication or session management controls, API usage limits, and robots.txt directives or other machine-readable access protocols;
• (d) access or use the Sites and Services in violation of any robots.txt file, crawl-delay directive, or other machine-readable access restriction published by Cypress Futbol Club dba FC Premier, which restrictions are incorporated into and made a part of these Terms of Use;
• (e) embed, frame, mirror, or otherwise reproduce any content, data, or functionality from the Sites and Services on any other website, mobile application, platform, or system without the express written permission of Cypress Futbol Club dba FC Premier;
• (f) use any content, data, or materials from or available through the Sites and Services to train, develop, fine-tune, validate, benchmark, or improve any artificial intelligence model, machine learning model, large language model, or other automated system, whether for commercial or non-commercial purposes;
• (g) redistribute, publish, display, sublicense, sell, transfer, or otherwise make available to any third party any data, content, or materials extracted, scraped, collected, or derived from the Sites and Services, regardless of whether such redistribution is for commercial or non-commercial purposes;
• (h) aggregate data from the Sites and Services with data from other sources for the purpose of creating a competing product, service, or database;
• (i) use the Sites and Services for any commercial purpose not expressly authorized by these Terms of Use or a separate written agreement with Cypress Futbol Club dba FC Premier; or
• (j) assist, facilitate, or enable any third party in performing any of the foregoing activities.

Compliance with Robots.txt. You acknowledge and agree that Cypress Futbol Club dba FC Premier publishes robots.txt files and other machine-readable access protocols on the Sites and Services that define the scope of permitted automated access. Compliance with all robots.txt directives, crawl-delay specifications, and similar access protocols is a material obligation under these Terms of Use. Any automated access that violates a published robots.txt directive constitutes unauthorized access to the Sites and Services.

Unauthorized Access. You acknowledge and agree that any access to or use of the Sites and Services in violation of this Section 7A constitutes access “without authorization” or access that “exceeds authorized access” within the meaning of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and any analogous state computer fraud or unauthorized access statute. Cypress Futbol Club dba FC Premier reserves all rights and remedies available under applicable federal and state law, including but not limited to claims under 18 U.S.C. § 1030, the Florida Computer Abuse and Data Recovery Act (Fla. Stat. § 668.801 et seq.), and common law claims for trespass to chattels and unjust enrichment.

Irreparable Harm. You acknowledge and agree that any violation of this Section 7A would cause irreparable harm to Cypress Futbol Club dba FC Premier that cannot be adequately compensated by monetary damages alone, and that Cypress Futbol Club dba FC Premier shall be entitled to seek temporary, preliminary, and permanent injunctive relief, as well as specific performance, without the necessity of proving actual damages or posting a bond, in addition to any other remedies available at law or in equity.

Liquidated Damages. You acknowledge and agree that the actual damages resulting from unauthorized automated access to and collection of data from the Sites and Services are difficult to ascertain and that the following liquidated damages represent a reasonable estimate of such damages and are not a penalty: (a) for each instance of unauthorized automated access to the Sites and Services (defined as any session or series of related requests made in violation of this Section 7A), a fee of twenty-five thousand dollars ($25,000.00); and (b) for each individual data record accessed, collected, scraped, harvested, or extracted in violation of this Section 7A, a fee of one dollar ($1.00) per record. These liquidated damages are cumulative and in addition to (not in lieu of) any other damages, equitable relief, or remedies available to Cypress Futbol Club dba FC Premier under these Terms of Use or applicable law.

Consequences. Any violation of this Section 7A will result in immediate termination of your Cypress Futbol Club dba FC Premier Account and revocation of all access to the Sites and Services, without prior notice. Cypress Futbol Club dba FC Premier further reserves the right to pursue all available legal remedies, including but not limited to injunctive relief, recovery of liquidated damages, recovery of actual damages (where actual damages exceed the liquidated amount), disgorgement of profits derived from the unauthorized activity, and recovery of reasonable attorneys’ fees and costs of enforcement. The remedies set forth in this Section 7A are cumulative and not exclusive.

Monitoring. Cypress Futbol Club dba FC Premier reserves the right to monitor access to and use of the Sites and Services for the purpose of detecting and preventing violations of this Section 7A. Such monitoring may include, without limitation, analysis of access patterns, request frequency, user-agent identification, IP address tracking, and other technical means. You consent to such monitoring as a condition of access to the Sites and Services.

8. Code of Conduct.

You agree not to use the Sites and Services in any way that violates our “Code of Conduct,” including in a manner that:

• Imposes an unreasonable or disproportionately large load on the Site and Services infrastructure, interferes or disrupts the Sites and Services or the networks connected thereto, or otherwise restricts or inhibits any other user from using and enjoying the Site and Services.
• Encourages conduct that is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by Cypress Futbol Club dba FC Premier.
• 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.
• 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.
• Contains any virus, Trojan horse, worm, time bomb, cancelbot, or other similar harmful or deleterious programming routine.
• Harms or attempts to harm minors or any other person.
• Contains any information, software, or other material of a commercial nature.
• Contains advertising, promotions, spam, or commercial solicitations of any kind.
• Constitutes or contains false or misleading indications of origin or statements of fact;
• Pretends to be anyone or any entity you are not, or otherwise misrepresent your affiliation with another person or entity.
• Uses the Sites and Services for any commercial purpose without the express written permission of Cypress Futbol Club dba FC Premier.
• Uses any software, data mining, web scraping, robot, spider, artificial intelligence agent, autonomous AI system, large language model-based tool, or other automated device, process, or means to access, browse, interact with, submit data to, or extract information from the Sites and Services for any purpose not expressly authorized in writing by Cypress Futbol Club dba FC Premier, including monitoring or copying any of the materials on the Sites and Services, whether such automated means acts on behalf of a user, independently, or as part of any autonomous or semi-autonomous system.
• Uses any manual process to monitor or copy the materials on the Sites and Services or for any other purpose not expressly authorized in these Terms of Use without the express written permission of Cypress Futbol Club dba FC Premier.
• Embeds content from our Sites and Services on another website, mobile application, or system without the express written permission of Cypress Futbol Club dba FC Premier.
• Uses any device, software, or routine that interferes with the proper working of our Sites and Services.
• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites and Services, the server(s) on which the Sites and Services are stored, or any server, computer, or database connected to the Sites and Services.
• Attacks the Sites and Services via a denial-of-service or distributed denial-of-service attack.
• Uses any content, data, or materials from the Sites and Services to train, develop, fine-tune, or improve any artificial intelligence, machine learning model, or automated system, whether for commercial or non-commercial purposes, without the express written permission of Cypress Futbol Club dba FC Premier.
• Otherwise, attempts to interfere with the proper working of the Sites and Services.

Users who violate any of the provisions of the Code of Conduct may face consequences including, but not limited to, temporary or permanent suspension of their account, removal of their content, and/or legal action. Cypress Futbol Club dba FC Premier reserves the right to determine the appropriate consequences based on the severity and frequency of the violation.

9. Intellectual Property Rights.

(a) Cypress Futbol Club dba FC Premier Materials. Cypress Futbol Club dba FC Premier and its licensors own all intellectual and proprietary rights in and to the Sites Services, including but not limited to the software, systems, content, images, video and audio, and the design, selection, and arrangement thereof. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, trademarks, trade names, and all other elements of the Sites and Services provided by Cypress Futbol Club dba FC Premier (the “Materials”), but expressly excluding any of the foregoing owned or licensed by and inputted to the Sites and Services at the direction of You (including without limitation inputs), are protected by intellectual property and other applicable laws. All Materials contained in the Sites and Services, including, without limitation, the intellectual property rights in them, are the property of Cypress Futbol Club dba FC Premier or its subsidiaries, affiliated companies, or licensors. Except as expressly provided herein, these Terms of Use do not create a license to or under the Materials. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

(b) Feedback. If you submit comments, ideas, or feedback about the Sites and Services to us, we are free to use such comments (in anonymous form) without any additional compensation. You acknowledge that Cypress Futbol Club dba FC Premier does not waive any rights to use similar or related ideas previously known to Cypress Futbol Club dba FC Premier, developed by its employees or agents, or obtained from others.

(c) Marks. The Cypress Futbol Club dba FC Premier and Cypress Futbol Club dba FC Premier names, marks, and all related names, logos, product and service names, designs, and slogans are trademarks of Cypress Futbol Club dba FC Premier or its affiliates or licensors. You must not use such marks or any confusingly similar marks without Cypress Futbol Club dba FC Premier’s prior written permission. Any third-party trademarks or service marks displayed on the Sites and Services are the property of their respective owners.

(d) Ownership of Cypress Futbol Club dba FC Premier Software and the Sites and Services. You acknowledge that the Cypress Futbol Club dba FC Premier Software and Services are software-as-a-service, and no license has been created in the Cypress Futbol Club dba FC Premier Software. You further acknowledge that Cypress Futbol Club dba FC Premier is not obligated to provide copies of the Cypress Futbol Club dba FC Premier Software and will not ship copies of it as part of its services. It is understood and agreed that Cypress Futbol Club dba FC Premier is the sole and exclusive owner of all rights, titles, and interests in its Cypress Futbol Club dba FC Premier Software, including all Intellectual Property Rights. The Cypress Futbol Club dba FC Premier Software, online access to the Cypress Futbol Club dba FC Premier Software, all copies of the Cypress Futbol Club dba FC Premier Software, documentation, related contents, and all rights therein are owned by Cypress Futbol Club dba FC Premier and are protected by applicable copyright, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you in these Terms of Use are reserved to Cypress Futbol Club dba FC Premier. You agree that you will not, yourself (or through any parent, subsidiary, affiliate, agent, or third party), sell, lease, license, sublicense, encumber, or reverse engineer the Cypress Futbol Club dba FC Premier Software. You agree that you may not use, copy, modify, or distribute the Cypress Futbol Club dba FC Premier Software (electronically or otherwise) or any copy, adaptation, transcription, or merged portion thereof, except as provided herein or otherwise expressly authorized by Cypress Futbol Club dba FC Premier. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Cypress Futbol Club dba FC Premier Software. The obligations of Section 8(d) (Ownership of Cypress Futbol Club dba FC Premier Software and the Sites and Services) above will survive termination or expiration of these Terms of Use.

THE USE OF THE SITES AND SERVICES, EXCEPT FOR USE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED, INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.

10. Security.

Cypress Futbol Club dba FC Premier will maintain reasonable and appropriate administrative, physical, and technical safeguards to prevent unauthorized access to, use of, or disclosure of any Confidential Information provided as part of the Cypress Futbol Club dba FC Premier Software and Services and any other protected information defined by applicable laws and regulations. You agree and understand that using the Sites and Services necessarily involves transmitting data over networks not owned, operated, or controlled by Cypress Futbol Club dba FC Premier. You agree that Cypress Futbol Club dba FC Premier shall not be responsible for any data lost, altered, intercepted, or stored across such networks. You understand that hosting data online involves unauthorized disclosure or exposure risks and that you assume these risks in accessing and using the Sites and Services.

11. Third-Party Links.

Our Sites and Services may link to other sites we do not control. In addition, you may have visited our Sites and Services through a link or a banner advertisement on another site. In such cases, the site you linked from may collect your information. These third-party sites are governed by their privacy policies. When visiting such sites, you should review these privacy policies to see how they collect and use this information. We are not responsible for such third-party sites’ content or privacy practices.

12. Payment Processing.

Your team, club, league, association, or other governing body (each, our “Customer”) may obtain payment from you via an integrated payment portal with third-party banking institutions and processing agents (the “Payment Processors”). Such Payment Processors receive the information needed to verify and authorize your credit card or other payment information. These payment processors adhere to the standards set by PCI-DSS and are managed by the PCI Security Standards Council. Cypress Futbol Club dba FC Premier is not responsible for processing the payment between our Customer and you. We do not store or collect your payment card details, do not handle any of our Customers’ funds, and are not involved in any payment processing between you and our Customer. Any payment issue or dispute between you and our Customer should be directed to our Customer. You agree that Cypress Futbol Club dba FC Premier is not liable in any way to you arising from or related to (directly or indirectly) payment processing transactions between you and our Customer.

13. Modification of Terms of Use.

From time to time, we may revise these Terms of Use. We will provide notice of such revisions either by revising these Terms of Use and indicating at the top of this page the date these Terms of Use were last revised or by emailing the email address associated with your Cypress Futbol Club dba FC Premier Account, or both. You agree that you must visit these Terms of Use periodically to review any such revisions. Changes to these Terms of Use will be effective on the date noted in the posting. By continuing to access or use our Sites and Services after effective revisions, you accept and agree to abide by them.

14. Cypress Futbol Club dba FC Premier Software Fees & Refund Policy.

Cypress Futbol Club dba FC Premier may charge a software fee for its services (a “Cypress Futbol Club dba FC Premier Software Fee”). The Cypress Futbol Club dba FC Premier Software Fee, if applicable, is displayed on the payment page before payment. Cypress Futbol Club dba FC Premier may collect taxes, as required by law, which you agree to pay unless you provide Cypress Futbol Club dba FC Premier with timely, appropriate, complete, and accurate information and documentation satisfying the legal and tax requirements of the relevant government or tax authority to establish that the otherwise applicable tax is not required to be collected by Cypress Futbol Club dba FC Premier. Any such Cypress Futbol Club dba FC Premier Software Fee is non-refundable even if the payment to which it relates is canceled, refunded, or credited by the club or tournament.

15. Additional Terms for Mobile Application Users.

The following additional terms apply if you access our Sites or Services through a mobile device, including any of our mobile applications. Cypress Futbol Club dba FC Premier grants you the right to use the mobile application only for personal use. You must comply with all applicable laws and third-party terms of use when using the mobile application (e.g., your wireless data service agreement). The mobile application may not have the same functionality on the applicable Sites and Services.

16. Additional Terms for Cypress Futbol Club dba FC Premier Ticketing Users.

If you use our Cypress Futbol Club dba FC Premier Ticketing platform, you are responsible for reading the complete ticket details before purchasing the tickets. You cannot change or cancel any ticket order after the sale is complete. All ticket sales are final and non-refundable. Whether any refunds are granted for canceled events will be made solely by the event host, our Customer. You may be charged service fees for buying tickets. Service fees may vary depending on the event type and location. Service fees or taxes, if applicable, will be disclosed to you before purchasing a ticket. Cypress Futbol Club dba FC Premier Ticketing service fees are non-refundable. The Cypress Futbol Club dba FC Premier Ticketing platform may not be used to resell tickets already sold, distributed, or forwarded through the Cypress Futbol Club dba FC Premier Ticketing platform.

17. Additional Terms for Cypress Futbol Club dba FC Premier Pay Users.

(a) For Cypress Futbol Club dba FC Premier Pay Users Who Receive Payments. If you register to create an account to receive payments via our Cypress Futbol Club dba FC Premier Pay application, you expressly authorize Cypress Futbol Club dba FC Premier’s service provider, Dwolla, Inc., to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize Cypress Futbol Club dba FC Premier to collect and share your personal information with Dwolla, including your full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

(b) Electronic Consent for 1099 Tax Form Processing. You agree to electronically deliver tax forms via email or a secure portal.

(c) For Cypress Futbol Club dba FC Premier Pay End Users. To use the payment functionality of our Cypress Futbol Club dba FC Premier Pay Software, you must open a “Dwolla Account” provided by Dwolla, Inc. and accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share your personal information with Dwolla, including full name, date of birth, social security number, physical address, email address, and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through Cypress Futbol Club dba FC Premier Pay, and Dwolla account notifications will be sent by Cypress Futbol Club dba FC Premier, not Dwolla. We will provide customer support for your Dwolla Account activity through the Cypress Futbol Club dba FC Premier Support Center.

18. Disclaimer of Warranties.

YOU ACCEPT THE SITES AND SERVICES “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

19. Limitation of Liability and Damages.

(a) IN NO EVENT WILL CYPRESS FUTBOL CLUB DBA FC PREMIER BE LIABLE FOR ANY GENERAL, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BREACH OF SECURITY, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SITES AND SERVICES.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CYPRESS FUTBOL CLUB DBA FC PREMIER IS LIMITED TO (I) THE CYPRESS FUTBOL CLUB DBA FC PREMIER SOFTWARE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITES AND SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (II) $500, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CYPRESS FUTBOL CLUB DBA FC PREMIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

(c) YOU ACKNOWLEDGE AND AGREE THAT CYPRESS FUTBOL CLUB DBA FC PREMIER HAS OFFERED ITS SITES AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE DISCLAIMER OF WARRANTIES AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS) AND THAT THE DISCLAIMER OF WARRANTIES AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CYPRESS FUTBOL CLUB DBA FC PREMIER.

20. Indemnification.

You agree to defend, indemnify and hold harmless Cypress Futbol Club dba FC Premier and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Sites and Services, including any data or work transmitted or received by you, (b) your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties above, (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (d) your violation of any law, rule or regulation of the United States or any other country, (e) any claim or damages that arise as a result of any of your User Data or any other data that is submitted via your account, or (f) any other party’s access and use of the Sites Services with your unique username, password or other appropriate security code. Cypress Futbol Club dba FC Premier will have the right to control the defense, settlement, adjustment, or compromise of any such claims, actions, or proceedings by using counsel selected by Cypress Futbol Club dba FC Premier. Cypress Futbol Club dba FC Premier will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of them.

21. Choice of Law and Arbitration.

These Terms of Use and your use of our Sites and Services will be governed solely by the laws of the State of Florida, without any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. For any dispute with Cypress Futbol Club dba FC Premier, you agree first to contact us at legal@fcpremier97.com and attempt to resolve the dispute with us informally. If Cypress Futbol Club dba FC Premier has not been able to resolve a dispute it has with you after sixty (60) days, you agree to submit all claims, disputes, or controversies between you and Cypress Futbol Club dba FC Premier to mandatory, binding arbitration under the American Arbitration Association’s Supplementary Procedures for Consumer-Related Disputes in Jacksonville, Florida. The costs of arbitration shall be shared according to the fee schedule provided by the AAA for consumer-related disputes, ensuring fairness and accessibility to both parties. The arbitration will proceed according to the simplified rules designed for consumer disputes. This section does not limit either party’s right to seek provisional or ancillary remedies from a court of competent jurisdiction before, during, or after arbitration, including but not limited to any claim for equitable relief. Judgment on any arbitration award may be entered by any court with competent jurisdiction. Any requirement in these Terms of Use to pay or reimburse court costs or attorneys’ fees includes, without limitation, a requirement to reimburse costs and fees related to such arbitration. This section is subject to the operation of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Nothing in this Section shall prevent Cypress Futbol Club dba FC Premier from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property, or other proprietary rights. If mandatory local laws apply to you that prohibit the application of Florida law or arbitration, those local laws will apply to the extent required.

22. Waiver of Jury Trials and Class Actions.

EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, INCLUDING WITHOUT LIMITATION COUNTERCLAIMS REGARDING SUCH DISPUTES, CLAIMS RELATED TO THE PARTIES’ NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THESE TERMS OF USE, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THESE TERMS OF USE. THE WAIVER IN THE PRECEDING SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY. NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, WHETHER PROCEEDING UNDER CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY (COLLECTIVELY, “THIS AGREEMENT’S CLAIMS”). THIS AGREEMENT’S CLAIMS INCLUDE, WITHOUT LIMITATION, COUNTERCLAIMS, CLAIMS RELATED TO THE PARTIES’ NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THESE TERMS OF USE, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THESE TERMS OF USE. THE PROCEEDINGS EXCLUDED ABOVE IN SECTION 21 (WAIVER OF JURY TRIALS AND CLASS ACTIONS) INCLUDE, WITHOUT LIMITATION, CLASS-WIDE ARBITRATION AND PRIVATE ATTORNEY-GENERAL ACTIONS.

23. Electronic Communications.

You agree that we may make communications available to you by posting them on our websites or sending an email to the email address you provide to us that is associated with your Cypress Futbol Club dba FC Premier Account, or both and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.

24. How to Contact Us.

If you have any questions about these Terms of Use, please contact us at:

Cypress Futbol Club dba FC Premier, LLC
1529 Third Street South
Jacksonville Beach, FL 32250
Attn: Legal Department
Email: legal@fcpremier97.com

25. Copyright Policy.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Sites and Services infringe your copyright, you may request the removal of those materials (or access to them) by submitting a written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Michael Bittner
General Counsel
Cypress Futbol Club dba FC Premier, LLC
1529 Third Street South
Jacksonville Beach, FL 32250
legal@fcpremier97.com

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity infringes your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

26. Other Provisions.

(a) Entire Agreement. These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and us.

(b) Headings. The section headings in these Terms of Use are for convenience only and must not be given any legal import.

(c) Severability. If a court of competent jurisdiction holds any provision of these Terms of Use as unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

(d) Waiver. Cypress Futbol Club dba FC Premier’s failure to enforce any provisions of these Terms of Use or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

(e) Force Majeure. Cypress Futbol Club dba FC Premier will not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, wars, terrorism, riots, civil unrest, government action, or internet service provider failures or delays. In the event of such an event, Cypress Futbol Club dba FC Premier will promptly notify you and resume performance as soon as reasonably possible. If a force majeure event continues for more than 30 consecutive days, either party may terminate these Terms of Use upon written notice.

(f) Assignment. These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment shall be null and void.

(g) Claims. You agree that, to the extent permitted by applicable law, any cause of action arising out of or related to the sites and service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

(h) Construction. You agree that these Terms of Use will not be construed in favor of or against either party because of authorship.