BayFC.com Terms of Use

Last Updated: October 18, 2024

Please carefully read these terms and conditions of use (these “Terms of Use”) before using the Site (as defined herein) and the Services (as defined herein). These Terms of Use apply to the website located at http://bayfc.com/ and the subdomains thereof on which this Terms of Use is posted (the “Site”). These Terms of Use may also apply to any online services and applications provided by BAFC Holdings, LLC, BAFC Team Operator, LLC, and their respective parents, subsidiaries and affiliates (collectively, “Bay FC”, “our”, “us” or “we”) on or through the Site, as well as any mobile/tablet applications that link to or reference these Terms of Use (collectively, the “Services”).

Your access to and use of the Site and the Services are subject to these Terms of Use (including the Privacy Policy of the Site (the “Privacy Policy”)), the Cookies Policy of the Site (the “Cookie Policy”) and all applicable laws, rules and regulations. By accessing and using this Site and/or the Services, you signify your assent to these Terms of Use. These Terms of Use (including the Privacy Policy and Cookies Policy) may be amended or modified in our sole discretion, and we may impose additional terms and conditions applicable to the Site and/or the Services from time to time and at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site and/or the Services following the posting of changes to these Terms of Use (including the Privacy Policy and Cookies Policy) will mean you accept those changes. If you do not agree to these Terms of Use (including the Privacy Policy AND COOKIES POLICY), do not use the Site and/or the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND BAY FC THAT APPLIES TO EACH AND EVERY SITE AND SERVICE, EVEN IF YOU ONLY VISIT, ACCESS, REGISTER WITH OR USE ONLY ONE SITE OR ONE SERVICE. THESE TERMS OF USE CONTAIN A BINDING “ARBITRATION AGREEMENT,” WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.

Ownership and Use Restrictions

The Site is owned and operated by Bay FC. Bay FC reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.

The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, sweepstakes, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services, Bay FC and any of its commercial partners, sponsors, licensees and other partners (the “Content”) are either owned by, or licensed to, Bay FC. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may not download, reproduce, republish, prepare derivative works based upon, modify, upload, post, repost, compile, decompile, transmit, reuse, distribute, copy, adapt, reverse engineer, link to, scrape, publicly display, sell in any form or by any means, or otherwise use the Content in any manner, except as expressly provided in these Terms of Use, without our express written permission, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owner’s intellectual property and other proprietary rights.

You agree that you will not, and will not permit anyone else to, directly or indirectly transmit any Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; or transmit any Content that you do not have the right to transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information.

The wordmarks, logos, trade names, packaging and designs of Bay FC, and the Site and the Services are the exclusive property of Bay FC and our affiliates, including the National Women’s Soccer League (“NWSL”). All other word marks and logos (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner. Any use of the Trademarks displayed on the Site, or in any other Content on the Site, or in the Services except as expressly provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, Bay FC. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Use or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright, trademark or other intellectual property laws, the laws of privacy and publicity, and communications regulations and statutes.

We provide no representations or warranties with respect to your use of any Content displayed on the Site and/or Services (including any representations and warranties with respect to misappropriation, dilution, infringement or other violation of any rights of third parties). Furthermore, Bay FC reserves the right to revoke your use privileges with respect to the Site and Services, or any portion thereof, at any time.

Services

The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the sole discretion of Bay FC.

Messaging

The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions (each a “Message Feature” and, collectively, the “Message Features”). You must use any Message Features in a responsible and respectful manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below or any other applicable policies posted on the Site or made available in connection with the use of any Service.

We and our third-party providers (the “Vendors”) shall have the absolute right, but not the obligation, to review, edit, block, delay or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use or any other applicable policies posted on the Site or made available in connection with the use of any Service; (ii) is otherwise illegal, offensive or inappropriate; and/or (iii) for any other reason, in our sole discretion. Depending on the nature of the violation, we shall have the right, but not the obligation, in our sole discretion, to terminate your access to the Site and/or Services at any time.

Neither Bay FC nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by us or our Vendors.

Messages, feedback, or other information submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. Bay FC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Messages for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Messages are original with you or that you have the right to submit such Messages. By submitting a Message to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein: (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with respect thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Use; and (iv) is subject to the grant of Rights to us and our Vendors.

Linked Services

The Site or Services may contain links to other websites and services (“Linked Services”). The Linked Services may not be under Bay FC’s control and Bay FC is not responsible for the contents or use of the Linked Services.

Availability of Services

The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including delays or cancellations, application of restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that Bay FC is not obligated to provide you with any specific Content or access to the Site or the Services under these Terms of Use.

Disclaimer of Warranties and Damages; Limitation of Liability

While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws. Bay FC assumes no liability or responsibility for any errors or omissions in the content of the Site and through the Services.

THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR USE OF THE SERVICES) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE, NOR OUR AFFILIATES, NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY OF THE FOREGOING OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK AND EXPRESSLY ASSUME ALL RISK RELATING THERETO.

UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OUR VENDORS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR, OUR AFFILIATES OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED $100.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Indemnification

You hereby agree to indemnify and hold Bay FC, its operators, affiliates, subsidiaries, vendors, and each of their respective members, managers, directors, owners, officers, employees, partners, governors, representatives, agents, successors and assigns harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Site, including, without limitation, use of any Message Feature, Service, or the Store; and/or (b) any breach or alleged breach of these Terms of Use by you. You further agree that Bay FC shall have control of the defense or settlement of any third-party claims unless Bay FC exercises its option to require you to defend Bay FC. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bay FC.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the services or to receive further information regarding use of the service.

You may have the Terms of Use mailed to you electronically by sending a letter to Bay FC, Attn: Legal Department, Website Terms of Use, 609 Mission St., 6th Floor, San Francisco, CA 94105, with your full name and email address and including a written request for copies of the Terms of Use.

System Outages

Bay FC and its third-party providers periodically schedule system downtime for the Sites and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Bay FC has no responsibility and is not liable for: (a) the unavailability of the Sites or Services; (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 Sites or Services, any Internet service providers, or any Internet facility or network.

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“Arbitration Agreement”); TIME PERIOD LIMITATION FOR CLAIMS

Subject to the other provisions Section, any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (including as to the determination of the scope or applicability of this agreement to arbitrate) (“Claim”) shall be resolved through BINDING INDIVIDUAL ARBITRATION as set forth in this Section. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If the AAA is unable or unwilling to arbitrate a dispute or claim, then the dispute or claim may be referred to any other arbitration organization or arbitrator that both parties agree upon in writing or that is appointed pursuant to Section 5 of the FAA. The arbitration shall take place in San Francisco, California. The arbitrator shall be authorized to award any relief that would have been available in court. The arbitrator’s decision shall be final and binding. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide Bay FC with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACTIY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. Bay FC and you each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, BAY FC AND YOU ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. Additionally, neither the AAA, which shall administer the arbitration, nor the arbitrator may consolidate the claims of multiple parties.

Notwithstanding any other provision herein, you and Bay FC may each seek relief in a small claims court for Claims within its jurisdiction. In addition, Bay FC shall always have the right to seek and obtain temporary or preliminary injunctive relief or specific performance in any court of competent jurisdiction. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within San Francisco County, California (the “Forum”) and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.

If either party initiates a proceeding involving any Claim other than (i) an arbitration in accordance with this Section or (ii) a proceeding in small claims court permitted by this Section, other than in the Forum, the other party shall recover all attorneys’ fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.

Notwithstanding any other provision of this Arbitration Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of these Terms of Use and any related agreement, your fulfillment or default of your obligations under this Agreement or any related agreement, and/or your or Bay FC’s bankruptcy or insolvency (to the extent permitted by applicable law).

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH BELOW. If you do not wish to be bound by this Arbitration Agreement, you must notify Bay FC in writing within thirty (30) days after the date you agree to these Terms of Use by sending a letter to: Bay FC, Attn: Legal Department, Arbitration Opt-Out Notice, 609 Mission St, 6th Floor, San Francisco, CA 94105. The request must include your full name, mailing address, email address, and the statement “I reject the Arbitration Agreement contained in Bay FC’s Terms of Use.” If you exercise your right to reject arbitration, the other provisions of these Terms of Use shall remain in full force and effect as if you had not rejected arbitration.

Governing Law

These Terms of Use and any dispute that might arise between you and Bay FC will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. This governing law provision shall survive any expiration or termination of your relationship with Bay FC.

United States Jurisdiction

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Bay FC’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Bay FC may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Miscellaneous

These Terms of Use (together with the Privacy Policy, Cookies Policy and any other applicable policies posted on the Site or made available in connection with the use of any Service) constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter hereof between you and us. As noted above, we in our sole discretion may amend these Terms of Use, and your use of the Site or Services after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Use are for convenience only and must not be given any legal import. If any term or provision of these Terms of Use shall be held to be invalid by any court or arbitrator of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. Additionally, Bay FC’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 Bay FC’s right enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches. The terms of these Terms of Use which should survive shall survive any expiration or termination of your relationship with Bay FC.

Notices

We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user’s email address if on record, or by written communication sent by first class mail to a user’s address if on record.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Bay FC
Attn: Legal Department

609 Mission St

6th Floor

San Francisco, CA 94105

moc.cfyabobfsctd@lagel