Legal
Welcome to the ESS Academy website and related online properties operated by Soccer Solutions LLC d/b/a Emerald Soccer Solutions Academy ("ESS Academy," "ESSA," "we," "our," or "us"). These Website Terms of Use (these "Website Terms") govern your access to and use of our public-facing websites, landing pages, forms, content, and other online materials that link to these Website Terms (collectively, the "Website").
We seek to conduct our business with integrity, stewardship, discipline, gratitude, and respect for God and neighbor. That statement reflects our mission and values only. It does not create any warranty, guarantee, fiduciary duty, heightened standard of care, or other independent legal obligation.
By accessing or using the Website, you agree to these Website Terms and to our Privacy Policy. If you do not agree, do not use the Website.
Important: These Website Terms govern the public Website only. Participation in ESS Academy training, evaluations, sessions, or other academy activities is governed by separate documents, including the applicable participation agreement, waiver and assumption of risk documents, media release, SMS consent, invoices, and related policies.
The Website is intended for informational, commercial, and business purposes.
The Website is not directed to children under 13, and minors may not independently sign up for training or submit enrollment information through the Website. Any inquiry, signup, or enrollment involving a minor must be completed by the minor's parent or legal guardian.
If you believe that a child under 13 submitted personal information directly to us through the Website without parent or guardian involvement, contact us at info@essa.soccer.
We may update the Website and these Website Terms from time to time. If we make a material change, we may post the updated version on the Website and revise the Effective Date or Last Updated date above. Your continued use of the Website after updated Website Terms become effective constitutes your acceptance of the updated Website Terms.
You may use the Website only for lawful purposes and only in accordance with these Website Terms. Subject to these Website Terms, ESS Academy grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Website for your personal, family, informational, or internal business evaluation use.
You may not, and may not encourage or permit any third party to:
We may suspend, restrict, or terminate access to the Website at any time if we believe you violated these Website Terms or applicable law, or if your use poses risk to the Website, ESS Academy, or others.
The Website is intended to provide general information about ESS Academy, our philosophy, training structure, scheduling, and available offerings. Accessing the Website, contacting us, scheduling a call, or requesting information does not guarantee enrollment, continued participation, pricing, placement, availability, or acceptance into any program.
Any actual training relationship, payment arrangement, trial session, evaluation, enrollment, participation, or continued academy access is governed by separate documents and academy discretion.
If there is any conflict between Website content and a separately signed participation, waiver, invoice, or related academy document, the separate signed or issued document controls.
The Website and all content, features, functionality, visual interfaces, text, graphics, logos, audio, video, software, compilations, photographs, and other materials made available through the Website (collectively, "Website Content") are owned by ESS Academy or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws.
Except for the limited use rights expressly granted in these Website Terms, no right, title, or interest in or to the Website or Website Content is granted to you. All rights not expressly granted are reserved.
You may not use ESS Academy names, logos, marks, branding, images, videos, screenshots, or other protected elements without prior written consent, except as expressly permitted by law.
If you send us ideas, comments, suggestions, feature requests, testimonials, or other feedback regarding the Website or our services ("Feedback"), you grant ESS Academy a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, reproduce, distribute, display, perform, and otherwise exploit that Feedback for any lawful purpose, without restriction or obligation to you. You represent that you have the right to provide the Feedback.
If you submit information through a form, link, scheduling tool, contact method, or similar Website feature, you represent that the information you submit is accurate, complete, and not misleading, and that you have the right to provide it.
If you submit information relating to a minor, you represent that you are the minor's parent or legal guardian, or are otherwise legally authorized to provide that information.
You agree that ESS Academy may use submitted information in accordance with the Privacy Policy, including to respond to your request, evaluate a possible training relationship, communicate with you, and improve our offerings.
The Website may contain links to third-party sites, forms, tools, scheduling pages, videos, or services, including platforms used for contact collection or appointment scheduling. ESS Academy does not control and is not responsible for third-party sites or services, including their content, privacy practices, security, or availability.
Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.
Content on the Website is provided for general informational and commercial purposes only. The Website does not provide legal advice, medical advice, diagnosis, treatment, rehabilitation advice, mental health advice, or individualized professional advice.
Any statements regarding player development, methodology, progress, performance, scheduling, readiness, or outcomes are informational only and do not guarantee any particular result.
The Website may describe current, planned, or future offerings, schedules, availability, program structures, services, or commercial terms. Unless expressly stated in a signed agreement or other written document issued by ESS Academy, such descriptions are informational only and do not create a binding commitment to deliver any feature, schedule, availability, pricing, placement, or result.
No sales page, social media post, FAQ, message, proposal, or pre-enrollment communication amends any signed participation or related agreement unless expressly confirmed by ESS Academy in writing.
ESS Academy reserves the right to suspend, restrict, or deny access to the Website or academy services for lawful, legitimate, and nondiscriminatory reasons, including security concerns, suspected fraud, misuse, violation of applicable terms, safety concerns, legal or compliance risk, or disruptive conduct.
Nothing in these Website Terms limits ESS Academy's ability to adopt or enforce conduct, safety, or participation policies for its training environment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." ESS ACADEMY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, OR THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS.
ESS ACADEMY DOES NOT WARRANT THAT THE WEBSITE WILL PRODUCE ANY SPECIFIC RESULT OR THAT ANY INFORMATION ON THE WEBSITE WILL ALWAYS BE COMPLETE, CURRENT, OR SUFFICIENT FOR YOUR NEEDS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESS ACADEMY AND ITS AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE WEBSITE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESS ACADEMY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE WEBSITE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain disclaimers or limitations, so portions of this Section may not apply to you to the extent prohibited by law.
You agree to defend, indemnify, and hold harmless ESS Academy and its affiliates, managers, members, officers, employees, contractors, agents, licensors, and service providers from and against any claims, actions, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
These Website Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute arising out of or relating to the Website or these Website Terms shall be brought exclusively in the state or federal courts located in or serving the California county where ESS Academy maintains its principal operations, unless ESS Academy designates another California venue in writing.
These Website Terms constitute the entire agreement between you and ESS Academy regarding the Website and supersede prior or contemporaneous understandings regarding that subject matter.
If any provision of these Website Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
Our failure to enforce any provision is not a waiver.
You may not assign or transfer these Website Terms without our prior written consent. ESS Academy may assign these Website Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.