Last Updated and Effective September 25, 2025 

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 17), LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY (SECTION 13), CHOICE OF LAW AND BINDING ARBITRATION CLAUSE (SECTION 23), A CLASS ACTION WAIVER (SECTION 23) AND A JURY TRIAL WAIVER (SECTION 23), THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY DENVER SUMMIT FC APPLICATION OR SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COLORADO WOMEN’S SOCCER COALITION, LLC, operator of Denver Summit FC (“DSFC”). IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, DO NOT ACCESS, DOWNLOAD OR OTHERWISE USE ANY OF THE SERVICE, AS DOING SO WILL RESULT IN YOUR ACCEPTANCE OF THE TERMS.

These Terms of Use govern use of the website, applications, and any other online services operated by or on behalf of DSFC on which these Terms of Use appear, including those at all www.Deversummitfc.com URLs (collectively, the “Services”). You agree that your access to and use of the services, including any part thereof, is governed by these Terms of Use (“Terms of Use”) and subject to DSFC’s Privacy Policy located at https://www.denversummitfc.com/policies/privacy-policy (“Privacy Policy”) which is incorporated by reference in its entirety herein. You agree that you have read the Terms and by accessing or using the Services or any part thereof, you agree to abide by the them, including all rules, terms, conditions, restrictions and notices therein. 

1. Changes to these Terms of Use. DSFC has included the effective date of these Terms of Use on this document. DSFC reserves the right to make changes to any Terms at any time, however, DSFC shall use reasonable efforts to provide notification to you in advance of any material changes becoming effective, such as by posting a notification via the Services, at the log-in page or via email. If you continue to access and/or use the Services after the effective date of such changes, then such access and/or use will be deemed an acceptance of and agree to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Services. For this reason, we encourage you to review these Terms any time you access or use the Services, and recommend that you print out a copy for your records. 

2. Materials. The information and materials provided on or through the Services, including without limitation, any content, data, text, pictures, graphics, audio, video, icons, surveys, software, and updates for use on or through the Services, links, and other content, features and services available on or through the Services, excluding Submissions (defined below), (collectively, the “Materials”) are provided for entertainment purposes only.

3. Limited License. The Services are provided for entertainment purposes, and unless otherwise specified on or in the Services, solely for your own personal use. DSFC hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Services. Except as expressly provided in the Terms, DSFC does not grant you any other express or implied rights or licenses in or to the Services or the Materials, and all right, title and interest that DSFC has in the Services and Materials are retained by DSFC, even after installation or download on your computers, mobile phones, tablets, and/or other devices.

Except as lawfully allowed or expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, any of the Services or Materials without DSFC’s express prior written permission.

DSFC reserves the right to revoke your right to use any or all of the Services at any time as further set forth in Section 16 herein. You acknowledge that the time that you spend on or using the Services, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the limited and terminable license granted herein, you are not entitled under the law to use or have access to the Services and/or the Materials.

4. Ownership. You acknowledge that the Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by DSFC , and/or the National Women’s Soccer League (“NWSL”), their licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. As between you and DSFC, the Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of DSFC. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services, are the trademarks of DSFC, NWSL, or their licensors, clients and vendors and/or other third parties. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the DSFC marks, logos or trade dress without the express written permission of DSFC or the third-party owner of any such mark, logo or trade dress. Misuse of any mark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of DSFC’s or its licensor’s Intellectual Property by virtue of your access or use of the Services.

You may not circumvent or disable any content protection features used on the Services and must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of the Terms.

5. Code of Conduct. While using any of the Services and/or Materials, including on or in any Submissions (as defined below) or postings, you agree to follow the standards set forth below (the “Codes”), and you agree not to:

• Create a false identity or impersonate any person;
• Create, post or transmit any content or message containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
• Engage in any activity or send, post, transmit or make available any content or message that is false, intentionally misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, rude, defamatory, hateful, vulgar, inciteful, racist, illicit, illegal or otherwise objectionable;
• Submit content, materials or Submissions that are subject to the Intellectual Property of a third party, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant DSFC all the license rights necessary to transmit or maintain such content, material, or Submissions;
• Send, post, transmit or make available any material non-public information about any person, entity, or DSFC without the express authorization to do so;
• Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, or communication;
• Institute an attack upon any server used in connection with the Services or any portion thereof or otherwise attempt to disrupt such servers;
• Send, post, transmit or otherwise make available any material or Submissions regarding hacking, cracking, exploiting, or otherwise making improper use of the Services;
• Attempt to or actually restrict or inhibit any other user from using and enjoying the Services;
• Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Services, or any portion thereof;
• Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of an intentionally destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Services or the Materials;
• “Frame” or “mirror” any part of the Services without DSFC’s prior written authorization;
• Attempt to collect any private information from any other user of the Services, including without limitation, the collection of personal information about others, such as email addresses or geo-locations;
• Harvest or collect any information about users of the Services;
• If a Service provides you with an opportunity to interact with or publish Submissions through a third-party's service (e.g., Facebook or Twitter), you agree to abide by that third-party's terms of use/service and privacy policy when using such third-party's service(s), and we encourage you to review such terms.
• Use the Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or Assist or permit any persons in engaging in any of the activities described in this listing of the Codes.

While using the Services and the Materials, you agree to comply with these and all Codes, as well as all applicable laws, rules and regulations. DSFC has the sole discretion to delete, suspend, terminate or block your access to the Services, with or without prior notification to you, for any violation of the Terms, including any of the Codes.

6. Third Party Sites/Services. The Services may include links to other websites, apps or services solely as a convenience to you (collectively, the “Linked Service(s)”). The inclusion of any Linked Service does not imply endorsement by DSFC or any association with the operators of such Linked Service. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Services. The information, products, materials and services on Linked Services is not under the control of DSFC. Access and use of any Linked Services, including the information, products, materials and services on any Linked Services or available through any Linked Services, is solely at your own risk, and you acknowledge and agree that DSFC is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site.

Any dealings with third parties, such as advertisers, referenced in within or on the Services, including the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. DSFC is neither responsible nor liable for any part of such dealings with any third parties.

7. Forums & Submissions. The Services may include features that allow you and others to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information or content, messages, transmissions, ratings or material to the Services (“Submissions”). Those portions of the Services where you can post or transmit information are referred to herein as the “Forums.”

You agree that DSFC may redistribute content you send/upload/post to the Services. By sending, posting or transmitting to any area of the Services, including through any Forums, you grant DSFC and its owners, designees, representatives, affiliates, and agents a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, digitally display, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on DSFC’s part and DSFC will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with DSFC. You agree not to transmit any Submission to or through the Services, or to DSFC that you consider to be confidential, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any and all of your Submissions.

You acknowledge and agree that your communications via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and result in unsolicited communications; therefore, DSFC strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. DSFC is not responsible for information that you choose to communicate to other users via the Forums or Submission.

You acknowledge that people participating in the Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal, hurtful or deceptive. DSFC neither endorses nor is responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Services or in any Forums by third persons or parties. The opinions expressed in the Submissions and/or the Forums reflect solely the opinion(s) of the submitter of the Submission or the participants of the Forums and do not reflect the views or opinions of DSFC.

DSFC is not responsible for any Submissions, and you agree that DSFC assumes no liability whatsoever for any Submissions posted by you or any third party. Under no circumstances will DSFC or its owners, designees, representatives, affiliates, and agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Services. DSFC has no obligation to monitor the Services, the Forums, or any Submissions that you or other persons or parties transmit or post on the Services or in the Forums. You acknowledge and agree that DSFC has the right, but not the obligation, to do any or all of the following, at its sole discretion: (i) alter, edit, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Services available thereon to (a) protect DSFC and its sponsors, employees, officers, owners, directors, shareholders, agents, representatives and affiliates, and DSFC’s users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.

Notwithstanding anything contrary stated in these Terms of Use, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify DSFC and/or its parent, subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to DSFC or to or through the Services.

DSFC RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS, WITH OR WITHOUT NOTICE TO YOU, FOR ANY REASON WHATSOEVER.

8. Right to Modify. DSFC reserves the right, at any time, to modify, suspend, impose new conditions of use, or discontinue the Services, and/or any part or parts thereof with or without notice, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, or feature of the Services, the hours that the Services are available, or any fees or charges in connection with the use of the Services. You agree that DSFC will not be liable to you or to any third party for any such modification, suspension, or discontinuation.  

9. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by DSFC infringe your copyright (for example, a photo posted by a user in a comment), you (or your agent) may send DSFC a notice requesting that the material be removed or access to it blocked. 

10. Use & Access. YOU MUST BE AT LEAST 13 YEARS OF AGE TO (a) USE THE SERVICES, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SERVICES, OR (c) TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR ANYTHING TO ANY FORUM OR ANYWHERE ELSE ON THE SERVICES. By accessing, using and/or submitting information to or through any of the Services, you agree and represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.

Pursuant to 47 U.S.C. Section 230(d), as amended, DSFC hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The Services are not directed to, not intended for and may not be used by anyone under the age of 13.

AGES 13-18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS AND USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SERVICES AND/OR ANYTHING ACCESSIBLE OR A VAILABLE ON OR THROUGH THE SERVICES.

11. Privacy/Security. You understand that any information provided by you or collected by DSFC in connection with your use of the Services will be used in the manner described in these Terms of Use and in the Privacy Policy. If you do not agree to the terms of the Privacy Policy you should not access or use the Services. Without limiting the terms of the Privacy Policy, you understand that DSFC does not guarantee that your use of the Services and/or the information provided by you will be private or secure, and DSFC is not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services.

12. Sweepstakes/Contests. From time to time DSFC may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) through the Services. Participation in any Promotion is subject to the Official Rules governing that Promotion. DSFC may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless explicitly superseded by Promotion-specific rules. If you choose to participate in a Promotion, DSFC may collect your personal information, such as your name, address, age, telephone number, e-mail address or other contact information, and may use such information as set forth in the Privacy Policy. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in DSFC’s marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that DSFC is not responsible for such third parties’ actions or inactions with respect to such Promotions.

13. Jurisdictional Issues. Regardless of the language used thereon, access to and use of the Services from any jurisdiction where the content, products or services is illegal is strictly prohibited. DSFC makes no representation that Services are appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Services from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, e-mail, or privacy. DSFC reserves the right to limit the availability and quantity, if applicable, of the Services, any Promotion, or any other product or service provided by DSFC, to any person, geographic area or jurisdiction, at any time and in DSFC’s sole discretion.

15. Unsolicited User Ideas. DSFC does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or to DSFC that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to DSFC, including any concepts, know-how or ideas, you hereby transfer all rights in such User Ideas to DSFC (and its successor’s), without payment or accounting to you or others. DSFC is not obligated to review, evaluate, publish, or use any User Idea.

16. Termination. Your right to access and use the Services will remain effective until terminated in accordance with the Terms. DSFC may delete, suspend, terminate or block your access to the Services (all, a “termination”), with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms. For example, your access may be blocked without warning if DSFC believes, in its sole discretion, that you are under 13 years of age or if you provide any information that is false or infringing on the right of another. Upon termination, your right to access and use the Services and Materials will immediately cease. In addition to its termination rights, DSFC also reserves the right to refuse service to anyone and to remove any content or Submissions for any reason whatsoever in its sole discretion, including without limitation, if DSFC becomes aware that you are a convicted felon or sex offender.

If DSFC terminates and thereby causes your license to be revoked, you agree that DSFC will not have any liability to you for any time spent by you accessing or using the Services, and/or your Submissions, or for any other reason whatsoever. All provisions of the Terms that may reasonably be construed as surviving the termination of the Terms will survive any termination of the Terms.

17. Disclaimers. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DSFC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DSFC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF DSFC OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES, ARE ENTIRELY AT YOUR OWN RISK.

18. Limitation of Liability and Exclusive Remedy. You agree to the following limitations of liability and available remedies:

TO THE MAXIMUM EXTENT PROVIDED BY LAW, IN NO EVENT, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOL OR CONCURRENT) OF SUCH INDIVIDUAL OR ENTITY, SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, GENERAL OR LIMITED PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, ADVERTISERS, SUPPLIERS, LICENSEES, AND THIRD-PARTY PROVIDERS, AND ANY ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER THIRD-PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY CONSEQUENTIAL, SPECULATIVE, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS), CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITATION:

• YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE THE OR SERVICE, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE THE SERVICES, OR OUR BREACH OF THESE TERMS;ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO A DIGITAL PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES);ANY SUSPENSION, TERMINATION OR OTHER CHANGE OR MODIFICATION TO THE SERVICES;ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD-PARTY ON, THROUGH OR IN RELATION TO ANY DIGITAL PLATFORM OR SERVICE;ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION;OUR USE OF ANY USER CONTENT;ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S);ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S);THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO ANY PRODUCT OR THE SERVICE OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE DIGITAL PLATFORM; ORANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS.
• IF YOU ARE DISSATISFIED WITH THE SERVICE, OR ANY PRODUCT OR SERVICE OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE DIGITAL PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE APPLICABLE DIGITAL PLATFORM OR SERVICE, OR BOTH.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR GROSS NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

No Injunctive Relief. YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST US, A DIGITAL PLATFORM AND/OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON, THROUGH OR IN RELATION TO A DIGITAL PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES AND ALL USER CONTENT). FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THESE TERMS).

Additional Limits on Liability. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST US AND/OR ANY OF THE OTHER DIGITAL PLATFORM PROVIDER PARTIES (AND ANY RESULTING AWARD) SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE DIGITAL PLATFORM OR SERVICE GIVING RISE TO YOUR ACTION. YOU AGREE TO GIVE US WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST US WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT OR FACT GIVING RISE TO THE CLAIM.

19. Indemnification. You agree to indemnify, defend and hold harmless DSFC, its parents, subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Submission or other information you post, submit to DSFC or transmit to the Services infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation of the Terms, including the Codes, or any applicable laws or regulations; (c) your access to and use of the Services, the Materials, or Submissions; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Services or DSFC; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.

20. Questions. The Services are provided by the Colorado Women’s Soccer Coalition, LLC. If you have any questions, comments or complaints regarding the Terms, the Services or the Materials, please feel free to contact DSFC at: Denver Summit FC, 1705 17th Street, #100, Denver Colorado 10212 or hello@denversummitfc.com (with the subject line “Questions, Comments or Complaints”).

21. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: the provider of the Services is Denver Summit FC, 1705 17th Street, #100, Denver Colorado 10212.  To file a complaint regarding the Services or to receive further information regarding the Services, send a letter to the above address, Attn: DSFC General Counsel.  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. System Outages. DSFC and its third-party providers periodically schedule system downtime for the Services and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that DSFC has no responsibility and is not liable for: (a) the unavailability of the Services or Materials; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services or Materials, any Internet service providers, or any Internet facility or network.

23. Statute of Limitations. Any claim or cause of action arising out of or related to the Terms, use of the Services, and/or your Submissions (collectively, “Disputes”) must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.  

24. Choice of Law and Binding Arbitration. The Terms are governed by and construed in accordance with the laws of the State of Colorado, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. 

All Disputes between you and DSFC shall be resolved by arbitration as set forth below. 

PEASE READ THIS SECTION CAREFULLY. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.  

You and CWSC agree that any Disputes involving a claim of less than $10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing such arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information). In addition, you and DSFC agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any Disputes involving a claim for more than $10,000 shall be submitted to final and binding arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act (“FAA”). The arbitration shall be initiated and conducted according to the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information), except as modified herein. The arbitration shall be conducted in Denver, Colorado before a single, neutral arbitrator appointed in accordance with the arbitration rules cited herein, and whose decision will be final, except for a limited right to appeal under the FAA. The arbitrator shall have the authority to hear and grant motions to dismiss and/or motions for summary judgement, and shall issue written opinions resolving such motions, if submitted. The arbitrator will provide a detailed written statement of the final decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following, appeal, if applicable) within thirty (30) days of such award being rendered, then the other party will have the right to enforce the final award in any court of competent jurisdiction in Dever, Colorado. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including, without limitation, attorneys’ fees. The parties shall use reasonable efforts to maintain the confidential nature of the arbitration proceeding.

If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, DSFC will pay all other AAA and arbitrator’s fees and expenses.

CLASS ACTION WAIVER – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION OR DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LIGITATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Denver, Colorado, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.

You explicitly agree that any claims or actions that you may otherwise have against DSFC under the laws of any jurisdiction other than in the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 24.

25. Mobile Terms. The Services and the Materials may include apps and/or versions designed for mobile content that may be viewed on mobile devices, including without limitation, phones and tablets (the “Mobile App”). To use the Mobile App, you must have a wireless mobile device with cellular or wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You can subscribe to receive, from time to time, text messages from DSFC. Message and data rates may apply.  Message frequency varies.  You can opt out at any time by texting STOP to the number you received the message from.  We may send you a message to confirm that you have been unsubscribed. Text HELP for assistance at any time.   You agree that you are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Mobile App. Please contact your mobile service provider for pricing and details. DSFC is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.  Currently, text messaging services are supported by the following carriers: AT&T,  T-Mobile, and Verizon Wireless.

If you are accessing the Mobile App through an app on an Apple iOS device (an “iOS Application”), (a) DSFC grants you a non-transferable license to use the iOS Application on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are expressly between you and DSFC only, and not with Apple, and DSFC, not Apple, is solely responsible for the Mobile App and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DSFC’s sole responsibility; (e) DSFC, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS Application or your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property right, DSFC not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if you use an iOS Application, then Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

If you are accessing the Mobile App through an app on an Android device, Google may, at any time and without notice, restrict, interrupt, or prevent use of the Mobile App, or delete the Mobile App from your Android device(s), or require DSFC to do any of the foregoing, without entitling you to any refund, credit, or other compensation from DSFC or any third party (including, but not limited to, Google or your network connectivity provider). Further, (a) DSFC, and not Google, is solely responsible for the Mobile App and the license granted herein; Google has no obligation to provide maintenance and support for the Mobile App; (c) the Google Play marketplace is owned and operated by Google Inc., and your use of Google Play is governed by legal agreements between you and Google, not DSFC; and (d) Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the Mobile App, or your possession and/or use of the Mobile App, including but not limited to: (i) consumer protection or similar legislation; (ii) any failure of the Mobile App to comply with applicable legal or regulatory requirements; or (iii) infringement of third party intellectual property rights.

26. Notices. All notices required or permitted to be given under the Terms must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to DSFC to DSFC’s Registered Agent in the State of Delaware or to Denver Summit FC, 1705 17th Street, #100, Denver Colorado 10212, Attn: DSFC General Counsel, and if to you, to the e-mail and/or postal address associated with your Submission or which you have provided to DSFC via any other section of the Services or via email or regular mail. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to DSFC via e-mail.

27 Miscellaneous. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and DSFC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with DSFC’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. DSFC’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of DSFC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access and/or use of the Services or the Materials, or information provided to or gathered by DSFC with respect to such access and/or use. A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and any other DSFC policies must be written in the English language.

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