Last updated: August 24, 2018
SoccerMesh, OPTIMYSports are trade names for, and are operated by JGD, LLC ("us", "we" or the "Company"). SoccerMesh provides website features, mobile applications and other products and services (collectively "Services") to you when you visit SoccerMesh.com or through mobile applications provided by SoccerMesh. Wherever used in these Terms of Use, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services. SoccerMesh provides the Services subject to the following conditions.
By using SoccerMesh Services, you agree to these conditions. Please read them carefully.
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. SoccerMesh will not be held responsible for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with SoccerMesh and you must not be prohibited from receiving the Services under United States law or any other applicable laws.
SoccerMesh may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change. Such notice may be provided at any time by posting the changes on SoccerMesh.com or through notices in the applicable applications.
SoccerMesh may (but has no obligation to) terminate your ability to access or use the Services at any time.
By accessing and using the Services you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by SoccerMesh in accordance with SoccerMesh's privacy policy. Please review our Privacy policy.
SoccerMesh may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available at http://www.SoccerMesh.com/terms.
When you use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail from SoccerMesh.com, OPTIMYSports.com or by posting notices on this site or through social media or through the other SoccerMesh Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In consideration of your use of the Services, you agree to:
1. Provide your legal full name, a valid email address, and any other information requested to complete the account sign-up process.
2. Be responsible for maintaining the security of your account login information and for any activities or actions occurring under your account.
3. Being a human. Accounts registered by "bots" or other automated methods are not permitted and may be deleted without notice.
Each account created in a SoccerMesh Service gives user access to other linked SoccerMesh Services.
SoccerMesh will not be responsible for any loss or damages resulting from your failure to comply with these obligations.
The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Illegal and/or unauthorized use of the Service, including collecting user names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
You may:
1. Only use the Services to access Content on SoccerMesh's website and mobile applications
2. Not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in the U.S. or applicable to you.
3. Not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
4. Not, without SoccerMesh's prior written permission (including the permissions granted by these Terms of Use):
a. copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services;
b. decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law);
c. make derivative works of the Services; or
d. modify another website so as to falsely imply that it is associated with the Services, SoccerMesh or any other SoccerMesh products or services.
You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. SoccerMesh does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services.
SoccerMesh and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. SoccerMesh may (but has no obligation to) remove Content and accounts containing Content that SoccerMesh determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that SoccerMesh determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).
SoccerMesh does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any SoccerMesh customer, employee, member, or officer. Engaging in any such behavior may at SoccerMesh's sole discretion result in the immediate termination of your account.
You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or "spam" messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the Services.
Payments for services are handled through the respective app stores. You must provide the appropriate payment methods for these services in other to pay for and user SoccerMesh Services.
Subscriptions come with a free 30-day trial period. This trial is one time only for any new subscription. Subscriptions are monthly and are auto-renewed unless cancelled.
All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
You may cancel a recurring subscription at any time.
If you cancel a subscription during the free trial period, you will not be billed. If you cancel a subscription after the app store has started billing you, you will not be billed for the next subscription cycle. You are however responsible for whatever charges have already been incurred for the current billing period.
Cancellation rules for subscription are subject to the cancelling rules for each app store. Refer to the app store from which you downloaded SoccerMesh apps for specific subscription cancellation rules.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
All in-app subscription purchases made on the app store are subject to the app store's terms and conditions.
We reserve the right to make changes to our products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not be entitled to a refund.
If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances.
SoccerMesh and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
THE SoccerMesh SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SoccerMesh SERVICES ARE PROVIDED BY SoccerMesh ON AN "AS IS" AND "AS AVAILABLE"BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SoccerMesh MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SoccerMesh SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SoccerMesh SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SoccerMesh SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SoccerMesh OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SoccerMesh DOES NOT WARRANT THAT THE SoccerMesh SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SoccerMesh SERVICES, SoccerMesh'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SoccerMesh ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SoccerMeshWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SoccerMesh SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SoccerMesh SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any SoccerMesh Service, or to any products or services sold or distributed by SoccerMesh or through SoccerMesh.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, BS&G, Inc, 1191 Second Avenue, Suite 1800, Seattle, WA 98101, Telephone: +1206.464.3939. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any SoccerMesh Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SoccerMesh.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement shall remain in full force and effect while you use the Service or have an account. The Company may terminate your account at any time, without warning. Even after your account is terminated, this Agreement will remain in effect.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Company regarding the use of the Service, superseding any prior agreements between you and Company relating to your use of the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
We want to make sure you have a great experience using our service.
If you still can't find what you are looking for and want to contact us, you can so at support@soccermesh.com
We will respond to you as soon as possible through email.
Our time zone is PST