CHICAGO FIRE FC MOBILE APP TERMS OF SERVICE/PRIVACY POLICY

TERMS OF SERVICE

As of September 30, 2023

Please carefully read these terms and conditions of use (these "Terms of Service") before accessing and using the Site and/or the Services. These Terms of Service apply to the web sites located at www.mlssoccer.com, and the subdomains thereof, including, without limitation, www.mlssoccer.com/mlsnext and www.mlssoccer.com/mlsgo as well as any individual member club sites on which these Terms of Service are posted (the "Site"). These Terms of Service also apply to various online services and applications provided by Major League Soccer, L.L.C. (“MLS” or "we", "us" or "our") on or through the Site, as well as any of the MLS or MLS club mobile/tablet applications that link to or reference these Terms of Service (collectively, the "Services"). Your access to and use of the Site and the Services (whether or not you are a registered member) is subject to these Terms of Service (including the Privacy Policy of the Site) 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 Service. These Terms of Service (including the Privacy Policy) may be amended or modified at the sole discretion of MLS or new conditions may be imposed by MLS, 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 Service (including the Privacy Policy) periodically for changes. Your continued access and use of the Site and/or the Services following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service (including the Privacy Policy), do not access and use the Site and/or the Services.

THESE TERMS OF SERVICE INCLUDE A DISPUTE RESOLUTION SECTION (INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER) THAT AFFECTS YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS IN SECTION 18 CAREFULLY.

1. Ownership and use restrictions

The Site is owned and operated by MLS. MLS 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, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services, MLS, Soccer United Marketing, LLC (“SUM”) any affiliate of MLS or SUM, Player Development, L.L.C. (“MLS NEXT”), MLS GO, any of the MLS member clubs, or any of the MLS, MLS NEXT, MLS GO or MLS Club sponsors, licensees and other affiliates (the "Content") are either owned by, or licensed to, MLS. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Site and/or Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of MLS, 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 copyright and other proprietary rights.

The word marks, logos, trade names, packaging and designs of MLS, SUM, MLS NEXT, MLS GO, the current and former MLS member clubs and the Site and the Services are the exclusive property of MLS or our affiliates. 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 without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, 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, MLS. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service 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 laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with MLS.

2. Access to site

To access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in MLS's sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event MLS changes the minimum technical requirements is to terminate your use of the Site and/or the Services.

3. Registration for certain features

3.1 Registration; Privacy

In order to access certain features of the Site and/or Services, you may be required to register with MLS by providing certain personally identifiable information about yourself, including, but not limited to, your name and email address. In consideration for our granting you access to these features of the Site and Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Site and Services, subject to all applicable laws, rules and regulations. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MLS has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, we have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Site and Services. For details concerning how such personally identifiable information is collected, used, disclosed and otherwise managed please see our Privacy Policy, which is incorporated herein by this reference.

3.2 User Name

In order to use certain functionalities of the Site and/or Services, you may be asked to select a user name (a "User Name") for identification purposes. You must not use any User Name that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.

4. Services and Content

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

4.1 Messaging

a. 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").

b. You must use the Message Features in a responsible 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.

c. We and our third-party providers (the "Vendors") shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any User Name including that which: (i) violates any term of these Terms of Service (including, but not limited to the Code of Conduct); (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 sole discretion to terminate your access to the Site and/or Services at any time. Please be advised that we and our Vendors will, in accordance with the Privacy Policy of the Site and all applicable laws, fully cooperate with any and all law enforcement authorities and court orders in any and all jurisdictions requesting or directing us or our Vendors to disclose personal information of anyone who submits a Message or User Name that violates the foregoing terms.

d. Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Site/Services, neither MLS 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 or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither MLS nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services.

e. Messages submitted to the Site or the Services by Message Feature or otherwise, including without limitation any data, questions, comments, suggestions or the like, and User Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or User Name 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 regard 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 Service; and (iv) is subject to the grant of Rights to us and our Vendors described in "Submissions" below.

4.2 Submissions

By transmitting any Message or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited, (each, a "Submission" and, collectively, "Submissions"), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). MLS, SUM, MLS NEXT, MLS GO, the operators of the MLS member clubs, and each of the foregoing entities’ respective affiliates shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.

a. Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you hereby assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.

b. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any Submissions that are unsolicited. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by MLS and/or our partners or affiliates might appear to be similar to your Submission(s). If you do send any Submission(s) to MLS via the Site, Services, or otherwise, that are unsolicited, however, you agree that (i) your unsolicited Submission(s) are not being made in confidence or trust and that by making such Submission(s) no contractual or fiduciary relationship is created between you and MLS; (ii) any such unsolicited Submission(s) and copyright become the property of and will be owned by MLS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as MLS sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submission(s); and (iv) by sending an unsolicited Submission you waive the right to make any claim against MLS or our partners and/or affiliates relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

4.3 Ownership and Non-Infringement

By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.

5. Code of Conduct

5.1 Code of Conduct

You agree not to use the Site and Services, including, but not limited to transmitting Messages, links or Submissions in a manner that:

i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;

ii) is, or encourages conduct that is, unlawful, violent, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by MLS;

iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;

iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;

v) contains any virus, Trojan horse, worm, time bomb, cancelbot, ransomware, malware or other similar harmful or deleterious programming routine;

vi) harms or attempts to harm minors;

vii) contains any information, software or other material of a commercial nature;

viii) contains advertising, promotions, spam or commercial solicitations of any kind;

ix) constitutes or contains false or misleading indications of origin or statements of fact; or

x) contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.

Clauses i) - x) shall collectively be referred to as the "Code of Conduct".

5.2 General Prohibited Uses

You agree that in connection with your use of the Site and the Services, you will not:

i) harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity;

ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;

iii) delete or revise any material or other information of any other user of the Services;

iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;

v) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;

vi) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;

vii) allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;

viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;

ix) access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;

x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services; or

xii) forge any TCP/IP packet header or any part of the header information in any email or posting;

xiii) use the Site in any manner that violates any applicable laws or is prohibited by these Terms of Service.

Violations of system or network security may result in civil or criminal liability.

MLS reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and MLS may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify privacy@MLSSoccer.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. If you commit or cause such violations, we may suspend or terminate your access to the Services for any or no reason at any time without notice.

If you become aware of any content on the Services that you believe to be objectionable or to violate these Terms of Service, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by contacting privacy@MLSSoccer.com. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.

6. Voting, Contests and Sweepstakes

6.1. The Site may offer you opportunities to vote in connection with certain events. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.

7. Subscriptions and Terms of Use for Sales

While we provide links to websites that sell products and Services on the Site, we do not sell products or Services directly on the Site. If you click on links to products or Services on the Site, you will be redirected to other websites, some of which we or our affiliates operate and some of which are operated by third parties. See Section 9 below for discussion of links and embedding.

For example, if you click on the official MLS merchandise store (the “MLS Store”), you will be directed to www.mlsstore.com. Sales from the MLS Store are subject to the Terms of Use located on the MLS Store website located at www.mlsstore.com/terms-of-use/ch-2329. Questions relating to the MLS Store, merchandise and its fulfillment should be directed to the contact identified in the terms of use for the MLS Store.

If you click on the “Tickets” link on the Site, you will be directed to choose amongst various links for the MLS member clubs. Each MLS member club has a link to a different ticketing site, each with separate terms of use. Sales of tickets are subject to the terms of use located at the websites for the MLS member clubs or other third parties with which the MLS member clubs have contracted to sell tickets to MLS games or related events. Questions relating to ticketing should be directed to the contacts identified in the terms of use for the specific ticketing website.

If you click on the MLS Season Pass link and click “Subscribe”, you will be directed to the Apple.com website at tv.apple.com/channel/tvs.sbd.7000. Subscriptions to MLS Season Pass and other use of Apple’s website are governed by legal terms on that site, which are currently found at www.apple.com/legal/internet-services/. Questions with respect to MLS Season Pass and subscriptions should be directed to the contacts identified in the legal terms at www.apple.com/legal/internet-services/.

The MLS Store, ticketing websites and subscription services each may collect personal information for verification and other purposes, and may take payments for products, subscriptions or other services sold on those websites, whether by payment card or other methods. The terms of use and privacy policies of those other websites apply to your use of those websites. MLS and its affiliates are not responsible for any actions you take once you leave this Site, including the security of your payment card data and other personal information you provide while you use other websites. We shall not be held liable for any breaches in information security from your use of any third-party sites. If you do not wish to comply with the terms of use for the MLS Store, ticketing sites, subscription services, or other websites then do not click on links and navigate to those sites.

8. Streaming Services

MLS game streaming options are available via AppleTV. Subscriptions are subject to Apple’s terms of use and privacy policy. For more information please visit: https://tv.apple.com/us/channel/mls-season-pass/tvs.sbd.7000

9. Links & Embedding

9.1. The Site or Services may contain links to other websites and services ("Linked Services"). The Linked Services may or may not be under MLS's control and MLS is not responsible for the contents of the Linked Services of third parties that it does not control.

The following restrictions ("Linkage Restrictions") apply to all links, including any to embedded Content, to or from the Site or Services from or to any on-line, cable, wireless or other website, service, browser or other resource:

A. Websites, services, browsers and other resources other than commercial sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to www.mlssoccer.com without the express written permission of MLS if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "mlssoccer.com," "The Official Site of Major League Soccer"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.

B. The www.MLSSoccer.com logo, or a link containing any other logo of MLS or its member clubs (a "logo" link) may not be used to link to www.mlssoccer.com without the express written permission of MLS.

C. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.

D. Links to and from the Site or Services from or to other sites maintained by third parties do not constitute an endorsement by MLS of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of MLS. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to that link’s website administrator or Webmaster.

E. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.

Subject to your strict compliance with these Terms of Service (including, but not limited to, the Code of Conduct), you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (i) obscure MLS or MLS Club branding using the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party's assertion or implication of ownership or authorship of the Content; (ii) sell access to embedded Content on another website, (iii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iv) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, (v) use embedded Content that MLS, in its sole discretion, determines to be competing with or displacing the market for the Content, or (vi) embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. MLS reserves the right to disable your use of embedded Content at any time, in MLS's sole discretion.

10. Availability of Services

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

11. 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.

THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR 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 AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. NEITHER WE 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 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.

UNDER NO CIRCUMSTANCES WILL WE, MLS, SUM, MLS MEMBER CLUB OPERATORS, MLS NEXT, 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 OR OUR VENDOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.

THE LIMITATIONS IN THIS SECTION 11 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim unless you provide MLS with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence. You understand and agree that any such claim noticed or brought after this time period is time barred.

12. Notice

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. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list. You may give notice to us (such notice shall be deemed given when received) by any of the following means:

Electronic mail to: privacy@mlssoccer.com

Letter delivered by first class postage prepaid mail or courier to Major League Soccer at the following address:

Major League Soccer, L.L.C.
420 Fifth Avenue, 7th Floor
New York, NY 10018
Attn: Legal Department

13. Notice and Procedure for Making Claims of Infringement

13.1 Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), MLS has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:

To be effective, the notification must be a written communication that includes the following:

1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  1. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you receive a notice of infringement from us, you may file a counter notification to our Designated Agent pursuant to the DMCA. To file a counter notification, please contact our Designated Agent and include the following information:

(A) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(B) Your name, mailing address, telephone number and email address,

(C) The following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

(D) The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (or if I am located outside of the United States, the Southern District of New York).”

(E) The following statement: “I will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.”

(F) Your physical or electronic signature.

Upon receipt of valid counter notification, we will promptly provide the person who provide the original infringement notification with a copy of your counter notification and inform the person that we will replace the removed material or cease disabling it within ten (10) business days unless we receive notice from such a person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material.

We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.

13.2 Trademark Infringement

MLS respects the intellectual property rights of others and takes intellectual property concerns seriously. MLS reserves the right to remove any content from its Services for any reason, including if it infringes the trademark rights of any person under the laws of the United States. Under the appropriate circumstances, MLS will, and expressly reserves the right to, disable or terminate the accounts of users who are repeat trademark infringers.

If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to MLS's Designated Agent (with the subject line "Trademark Notice") containing the information set forth below:

(1) Complete contact information, including first and last name, mailing address, phone number, and email address.

(2) Identification of the specific word, name, symbol, or device, or combination thereof in which you claim trademark rights.

(3) Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.

(4) The country, territory, or jurisdiction in which you claim trademark rights.

(5) The category of goods or services for which you claim you are entitled to trademark rights.

(6) A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Services that you believe violates your trademark rights.

(7) An explanation of how you believe this content infringes your trademark.

(8) If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).

(9) A declaration that:

(A) You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;

(B) The information in your notice is accurate to the best of your knowledge and belief;

(C) You are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark; and

(D) Your electronic signature or physical signature.

Claims of trademark infringement that include the above-required information should be submitted via postal mail to MLS's Designated Agent as follows:

If you receive a notice of infringement from us, you may file a counter notification to our Designated Agent pursuant to the DMCA. To file a counter notification, please contact our Designated Agent and include the following information:

(A) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(B) Your name, mailing address, telephone number and email address,

(C) The following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

(D) The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (or if I am located outside of the United States, the Southern District of New York).”

(E) The following statement: “I will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.”

(F) Your physical or electronic signature.

Upon receipt of valid counter notification, we will promptly provide the person who sent the original infringement notification with a copy of your counter notification and inform the person that we will replace the removed material or disable it within ten (10) business days unless we receive notice from such a person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material.

Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying MLS that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.

IMPORTANT NOTE

Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report with respect to copyright infringement may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.

Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.

Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.

14. Indemnification

You hereby agree to indemnify and hold MLS, SUM, each MLS member club operator, MLS NEXT, and each of the foregoing entities’ respective operators, affiliates, subsidiaries, vendors, partners, members, managers, owners, directors, officers, employees, agents, shareholders, governors and representatives 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: (i) your use of the Site, including, without limitation, use of any Message Feature, Service, or the MLS Store; and/or (ii) any breach or alleged breach of these Terms of Service by you. You shall not settle any such claim without the prior written consent of MLS. We reserve the right to defend any such claims and, for clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims. These obligations will survive any termination of these Terms of Service.

15. Mobile Devices

15.1 Application Venue

If you use an application on your mobile device including but not limited to iPhone, iPad, Android phones and tablets, or Microsoft Windows mobile devices (each a “Mobile Device”) to access or use the Site or Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via mobile devices referred to herein as the "Licensed Application(s)"):

a. You acknowledge that these terms are between you and us only, and not with Apple, Google or Microsoft or any other store/venue, as applicable, where the application is available (“Application Venue”) and that Application Venue is not responsible for the Licensed Application(s) or the content thereof.

b. The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Mobile Device that you own or control and as permitted by the Usage Rules set forth in the Application Venue Terms of Service (as applicable).

c. Application Venue, including Apple, Inc., Google or Microsoft, is not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that Application Venue has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.

d. In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Application Venue and Application Venue will refund the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Application Venue will have no other warranty obligation whatsoever with respect to the Licensed Application(s).

e. You acknowledge that Application Venue is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes that third party's intellectual property rights, Application Venue is in no way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

g. Without limiting any other terms of these Terms of Service, you must comply with all applicable Application Venue terms of use when using the Licensed Application(s).

h. You acknowledge and agree that Application Venue, and Application Venue's subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon Your acceptance of the terms and conditions of such license, Application Venue will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.

15.2 Mobile Service

a. Mobile Service. The Services may include mobile entertainment content, alerts, and/or text messages transmitted through SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (together, the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal Mobile Device. To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage, or support others’ attempts to) circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Services and is therefore subject to the other provisions of these Terms of Service. In addition, on Services pages where the Mobile Service (including any Mobile Alert) is offered, the operator of such service may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.

b. Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operator’s operations. Any equipment or software causing interference with the operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the operator. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.

c. Your Electronic Agreement to Receive Text Messages; E-Sign Disclosure. When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.

d. Who Can Receive Text Messages? By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian, or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms of Service, which form a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts. You are responsible for notifying the operator immediately if you change your mobile number. You agree to indemnify the operator in full in connection with any third-party claims related to or caused by your failure to immediately notify the operator if you change your mobile number.

e. Cancellation of Text Messages. To stop receiving text messages from a specific operator text message program, simply text “STOP” to the short code provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message. If you have signed up for more than one operator text message program, you will need to text “STOP” to the short code provided for each program from which you no longer wish to receive text messages. You understand and agree that texting “STOP” does not constitute a “do not call” request. You understand and agree that terms other than “STOP” may not be recognized as a cancellation request and the operator bears no responsibility for not processing an opt-out that uses a term other than “STOP.”

f. What If I Want More Information? To request more information, try texting “HELP” to the short code provided in the operator text message program about which you have questions or contact us at privacy@MLSSoccer.com or 212-450-1200.

g. How Many Text Messages Will I Receive? The number of text messages you receive from an operator text message program may vary significantly, depending in part on the specific text message program for which you sign up. Details regarding the type and frequency (or recurring nature) of text messages are included in the description of each operator text message program. To the maximum extent permitted by applicable law, you and the operator agree that text messages may be sent between you and the operator at any time of day.

h. Who Are the Participating Carriers? Content is not available through all Carriers and Carrier participation could change. Consult with your Carrier to see if it participates in a particular text message program. The content is not compatible with all mobile phone models. The operator will not be liable for any delays in the receipt of any text messages or changes to participating Carriers, as delivery is subject to effective transmission from your Carrier with active participation at that time.

i. How Are the Text Messages Sent? The operator and/or its vendor may use automated or non-automated technology to send the text messages described above to the mobile phone number you provide when you request to receive the text messages. Consent is not a condition of the purchase of any goods or services.

16. Termination of Service

We may, in our sole discretion, change, suspend or discontinue any aspect of the Site, including the Services (subject to a refund to which you may be entitled), at any time with or without notice and with or without cause, including the availability of any Site or Service feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Site and/or Services.

17. Software

The Services, the software and other materials downloaded from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site (including, without limitation any Licensed Application or other Services) may be downloaded or exported (i) into (or to a national or resident of) Afghanistan, Belarus, Myanmar (Burma), Russia, Ukraine (including the embargoed regions of Crimea and the so-called Donetsk People’s Republic and Luhansk People’s Republic), or Venezuela, or the embargoed countries of Cuba, Iran, North Korea, or Syria, or any other country to which the United States has embargoed goods or has been designated by the United States as a "terrorist supporting" country; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

18. Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that any violation of these Terms of Service relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the Services and/or its associated services and/or offerings may result in irreparable injury and damage to MLS that may not be adequately compensable in money damages, and for which MLS will have no adequate remedy at law. You, therefore, consent and agree that MLS may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these Terms of Service. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.

The Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver) section will survive any termination of these Terms of Service.

18.1 Arbitration Agreement

a. Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms of Service, your use of the Site and/or the Services, the Privacy Policy, or your relationship with MLS or any past, present, or future claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction. Any disagreement as to whether a Dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed. Dispute shall include, but not be limited to: (i) any dispute or claim that arose before the existence of these or any prior Terms of Service (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these Terms of Service. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these Terms of Service; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to the arbitrability of any Dispute. These Terms of Service and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You or MLS may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect rights or property pending the completion of arbitration. You and we agree that these Terms of Service evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq and federal arbitration law, not state arbitration law.

b. Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (i) information sufficient to identify any transaction, activity, and account at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice via email to legalnotices@MLSSoccer.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a MLS representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.

c. Arbitration Procedures. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms of Service, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at “www.namadr.com.” If NAM is unable or unwilling to administer the arbitration consistent with these Terms of Service, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so.

The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this Section 18. You may obtain a form to initiate arbitration at “https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf” or by contacting NAM. If you are initiating arbitration, you shall serve the demand on MLS via email at legalnotices@MLSSoccer.com. If MLS is initiating arbitration, MLS shall serve the arbitration demand via email at the contact information MLS has on file for you.

An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a MLS representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator will apply these Terms of Service as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

d. Costs of Arbitration. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we therefore agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

e. Additional Procedures for Mass Filings. You and we agree that these Additional Procedures for Mass Filings (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Filing. If 25 or more similar Disputes (including yours) are asserted against MLS by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and NAM’s resources.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to NAM until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Filing, counsel for the claimants and counsel for MLS shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and MLS shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for MLS shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and MLS shall pay the mediator’s fee.

Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be immediately opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Service. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations.

You and MLS agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and MLS acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings has been reasonably designed to result in an efficient and fair adjudication of Disputes.

The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Service.

f. Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to: privacy@MLSSoccer.com within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and MLS in accordance with this version of the arbitration agreement.

18.2 Class Action Waiver and Jury Trial Waiver

a. YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU AND WE RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. THIS CLASS ACTION AND JURY TRIAL WAIVER WILL SURVIVE ANY TERMINATION OF THESE TERMS OF SERVICE.

19. Governing Law and Jurisdiction

These Terms of Service and your access and use of the Site and/or Services shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. By accessing and using the Site and/or Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these Terms of Service in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within New York County, New York (the "Forum") and the parties hereby waive any argument that the Forum or any court within it does not have personal jurisdiction and any argument that the Forum is not appropriate or convenient. This Governing Law and Jurisdiction section will survive any termination of these Terms of Service.

20. Notice to California Consumers

Under California Civil Code Section 1789.3, California users of the Services 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 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Miscellaneous

These Terms of Service constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Service, 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 Service are for convenience only and must not be given any legal import. Except as otherwise specifically provided herein (e.g., the Additional Procedures for Mass Filings in Section 18), if any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. MLS's failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive MLS's right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

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PRIVACY POLICY

As of July 1, 2023

Major League Soccer, L.L.C. (“MLS”) respects your privacy. The websites currently located at mlssoccer.com, mextour.org, the subdomains of those websites, including without limitation www.mlssoccer.com/mlsnext, and www.mlssoccer.com/mlsgo, as well as the sites of the clubs of MLS (the “Member Clubs”), our official MLS digital applications, the MLS NEXT and MLS Go registration platforms (“Platforms”) and any Member Club application where this Privacy Policy is posted (collectively, the “Websites”) are made available by Major League Soccer, L.L.C. (the “League”), on behalf of itself and on behalf of the Member Clubs that are part of and licensed by the League, and/or its affiliates, including Soccer United Marketing, LLC (collectively, “MLS”, “we”, “us”, or “our”).

We are excited to engage with you through your use of the Websites and through our various online services and applications provided by MLS through the Websites and Platforms (collectively, the “Services”). This policy (this “Privacy Policy”) is meant to help you understand our practices regarding the collection, use, and disclosure of personal information in connection with these Services as well as inform you of your rights and choices about the use of your information. We will not use, disclose, or share your information except as described in this Privacy Policy.

This Privacy Policy applies to visitors to the Websites and users of any Services. Please remember that you are agreeing that you acknowledge the practices and procedures described in this Privacy Policy and agree to the \*\*MLS Terms of Service\*\* when you use the Services. If you provide Personal Information (as defined in this Privacy Policy), you also agree that Personal Information you provide may be transferred from your current location to the offices and servers of MLS and its authorized third parties. If you do not agree with this Privacy Policy and the MLS Terms of Service, please do not use the Websites or any Service.

This Privacy Policy also applies to employees, contractors, applicants to become employees or contractors, and owners, directors, and officers of MLS subject to the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”), including as applicable, emergency contacts and beneficiaries of the foregoing. The Personal Information collected from the foregoing in this context shall be referred to in this Privacy Policy as “Employee Personal Information”. Internal website and intranet web pages of MLS shall be included within the definition of Websites under this Privacy Policy to the extent they are used to collect, use, or disclose Employee Personal Information. Please note there may be additional or different contracts, privacy notices or disclosures that govern our use of your Employee Personal Information beyond the CCPA. Where the CCPA specifically applies to collection, use and disclosure of information, this Privacy Policy shall prevail and be applicable to such obligations or requirements. Any terms defined in the CCPA have the same meaning when used in this notice.

  1. Types of Information We Collect
  1. How We Collect Your Information
  1. How We Use Your Information
  1. How We May Share Your Information
  1. Communication Services and Community Features
  1. Third-Party Advertising
  1. All Users: Your Rights, Choices and Controls
  1. California Residents: Your California Privacy Rights
  1. Your Additional Rights in the UK and European Economic Area
  1. Security Practices
  1. Links to Other Services
  1. U.S. Operations, Non-Discrimination, and Making a Complaint
  1. Changes to this Privacy Policy
  1. Children’s Data
  1. Performance Monitoring and Wearable Devices
  1. Automated Decision Making and Profiling
  1. Exclusions
  1. Contact Us
  1. Types of Information We Collect

When you interact with us through the Services, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources like service providers, and optional programs in which you participate, which we may combine with other information we have about you. In the case of Employee Personal Information, we collect information relating to recruitment, applications and employment. Here are the types of information we collect about you:

(A.) Personal Information

“Personal Information” is information that identifies, relates to, describes, or can be reasonably linked to, directly or indirectly, a particular individual or household. We may collect Personal Information (as we have done for the past twelve months) from you on or through the Services in a variety of ways, including when you register on the Websites, purchase or engage with a Service, participate in online contests, surveys, or games, sign-up for a newsletter or subscription, or purchase merchandise. We also may, from time to time, receive Personal Information about you from third-party sources to improve the Services, and for the various purposes outlined in this Privacy Policy. We collect both Non-Sensitive and Sensitive Personal Information, as discussed below.

We have grouped together the following categories of Non-Sensitive and Sensitive Personal Information to explain how we use this type of information. In the case of Employee Personal Information, we also collect both Non-Sensitive and Sensitive Personal Information relating to recruitment, applications and employment. Additionally, we also collect both Non-Sensitive and Sensitive Personal Information related to youth players of MLS NEXT and MLS GO (“Participants”) and their parents or legal guardians (“Parents”). These terms are used throughout this Privacy Policy.

In the past 12 months we have collected and may collect the following Non-Sensitive Personal Information, from users of the Websites and Services:

(i). Personal Identifiers, including your first and last name, birthdate, age, gender, and username.

(ii). Contact Information, including your email address, phone number, and home address.

(iii). Biographical Information, including your level of education and professional background.

(iv). Commercial Information, such as products or services purchased.

(v). Inferences drawn from other Personal Information, such as your favorite Club.

(vi). Financial Information, including your credit card number and purchasing history.

(vii). Internet or Other Electronic Network Activity Information, including, but not limited to, your internet browsing history, search history, and information regarding your interaction with an internet website, application, or advertisement.

In the past 12 months we have also collected and may collect the following Non-Sensitive Employee Personal Information:

(i). Dependents or Other Individual’s Information, such as their full name, address, date of birth.

(ii). National or Government Identifiers, such as SSN, passport and visa information, and immigration status and documentation.

(iii). Educational and Professional Background, such as your work history, academic and professional qualifications, educational records, references, and interview notes.

(iv). Contract Engagement Details, such as your title, service dates, and amount of contract or engagement.

(v). Employment Details, such as your job title, position, hire dates, compensation, performance and disciplinary records, and vacation and sick leave records.

(vi). Financial Information, such as banking details, tax information, payroll information, and withholdings.

(vii). Health and Safety Information, such as health conditions (if relevant to your employment), job restrictions, workplace illness and injury information, and health insurance policy information.

(viii). Information Systems (IS) Information, such as your search history, browsing history, login information, and IP addresses on the Company’s information systems and networks.

(ix). Sensory or Surveillance Information, such as COVID-19 related temperature checks, call monitoring, and video surveillance.

(x). Employee Profile Information, such as a profile or summary about an applicant or employee’s preferences, characteristics, attitudes, intelligence, abilities, and aptitudes.

In the past 12 months we have also collected and may collect the following Non-Sensitive Participant Personal Information:

(i). Personal Identifiers, including name, date of birth, photograph or headshot, position, jersey number, and unique application numbers.

(ii). Contact Information, including mailing address, email address, and telephone number.

(iii). Participant Education Provider Information, such as name and location of schools attended by Participant.

In the past 12 months we have also collected and may collect the following Non-Sensitive Parent Personal Information:

(i). Personal Identifiers, including name and unique application numbers.

(ii). Contact Information, including mailing address, email address, and telephone number.

(iii). Behavioral Data, such as the date and time that a Parent interacts with MLS NEXT or MLS GO or provides the documentation or consents, as well as how long MLS NEXT or MLS GO is accessed.

In the past 12 months we have collected and/or may collect the following Sensitive Personal Information from users of the Websites and Services:

(i). National or government identifiers, including your social security number.

In the past 12 months we have also collected and may collect the following Sensitive Employee Personal Information:

(i). Additional national or government identifiers, such as SSN (including that of dependents if applicable), passport and visa information, and immigration status and documentation including your social security number.

(ii). Biometric information, such as facial recognition, fingerprints, iris or retina scans, keystroke, or other physical patterns.

(iii). Geolocation data, such as time and physical location related to use of an internet website, application, device, or physical access to a Company office location.

(iv). Demographic data, such as race, ethnic origin, marital status, disability, and veteran or military status.

(v). Physiological data, such as allergies, food aversions and physiological information, including heart rate, heart rate variability, skin temperature, blood oxygen, hydration, lactate, and/or glucose level data.

(vi). Performance tracking data, such as geolocation data and other information related to movement or location, including time, distance, speed, velocity, deceleration, stress, load, and impact.

(vii). Physical characteristics, such as height, weight, and clothing sizes

(viii). Inferences drawn from other Personal Information, such as notes reflecting a player’s preferences, characteristics, or abilities.

In the past 12 months we have collected and/or may collect the following Sensitive Participant Information:

(i). National or government identifiers, including eligibility documentation, driver’s license or state identification card number, passport number, nationality or citizenship, copies of identification card, birth certificate, passport, permanent resident card, or other government-issued identification.

(ii). Demographic data, such as age, gender, gender identity, race, ethnicity, and religion.

(iii). Performance tracking data, such as geolocation data and other information related to movement or location, including time, distance, speed, velocity, deceleration, stress, load, and impact. Performance tracking data is only collected from Participants in MLS NEXT, not MLS GO.

(iv). Physiological data, such as allergies, food aversions and physiological information, including heart rate, heart rate variability, skin temperature, blood oxygen, hydration, lactate, and/or glucose level data. Physiological data is only collected from Participants in MLS NEXT, not MLS GO.

(v). Physical characteristics, such as height, weight, and clothing sizes.

(vi). Inferences drawn from other Personal Information, such as notes reflecting a Participant’s preferences, characteristics, or abilities or familial association between Participants who share a Parent having the same contact information.

In the past 12 months we have collected and/or may collect the following Sensitive Parent Information:

(i). National or government identifiers, such as driver’s license or state identification card number.

(ii). Financial information, such as bank account information, credit card data, and payment history.

(B.) Device Identifiable Information

We may collect information that may not reasonably identify you or a household personally but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of providing the Services. When you visit our Websites to browse, read, or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information to analyze trends, help administer the Services, track the online movement of users, to learn about and determine how much time visitors spend on each page of the Websites, how visitors navigate throughout the Websites or use other Services, and to gather broad demographic information for aggregate use. We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.

In addition, we may collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android) and version, carrier name, mobile browser (e.g. Chrome, Safari), applications using our Websites, and identifiers assigned to your device, such as its iOS Identifier for Advertising (“IDFA”), Android Advertising ID (“AAID”), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet service provider (“ISP”) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

(C.) Aggregated and De-Identified Information

We also collect and use aggregated or de-identified information. Aggregated or de-identified information may be derived from or include data collected from performance monitoring devices but is not considered Personal Information under applicable law or this Privacy Policy because this data does not directly or indirectly identify a person. For example, we may aggregate birth years and months along with data collected from wearable devices or optical trackers in order to perform sports-science research designed to improve our understanding of how to support player development. We may also share aggregated or de-identified information with the manufacturer of the monitoring devices in an effort to improve the devices, conduct research and development, establish benchmarking metrics, and similar efforts designed to improve overall player development.

We may also collect additional data that is not specific to any individual Employee, Participant, Parent or user, such as:

· MLS NEXT or MLS GO club-related data, including the assigned team ID, the date the data is collected, the name of any applicable drill, and the time of the drill.

· Match-related data, including formations, match outcomes, competition types, temperature, surface, environmental information, session type or location.

However, when aggregated or de-identified information, including Device Identifiable Information, is directly associated with Personal Information, such that the aggregated or de-identified information can be reasonably associated with a particular individual person or household, then this aggregated or de-identified information is treated as Personal Information. We commit to maintain, use and otherwise process de-identified information only in a de-identified fashion and will not attempt to reidentify such information.

(D.) Protected Health Information

For details on the collection and use of protected health information by MLS and its partners and affiliates, please see the Authorization for Release of Health Information provided to Participants and Parents.

  1. How We Collect Your Information

(A.) Cookies and Web Beacons

To help us serve you better, through the Websites we may collect Device Identifiable Information from you through technologies such as “cookies” and “web beacons” (which are also called clear GIFs, pixel tags, or pixels) or by tracking internet protocol (“IP”) addresses.

· “Cookies” are small data files that are stored by your web browser when you interact with a website. When you visit a webpage, the cookie sends back Device Identifiable Information.

· “Web beacons” are small graphic images (usually invisible) that can be embedded in content and ads on a webpage that track usage of the Websites and effectiveness of communication. These web beacons can then be used to recognize our cookies and to monitor certain user interactions with a website.

Cookies operate in the background, and you can turn them off by adjusting your Web browser settings, but doing so may make it difficult to use some of the features on the Websites or the features may not be available to you. We may use cookies to make your Website experience easier by, for example, remembering your preferences, keeping track of your login name and password.

We may also use cookies, web beacons and other activity tracking tools on the Websites and through other Services to collect your engagement metrics, including your Personal Identifiers and Device Identifiable Information, related to your activity on the Websites and Services.

For more information on your choices regarding cookies, you can review the FTC’s guide to opting out of online tracking for computers and mobile devices. You can also see the “All Users: Your Rights, Choices and Controls” section below for ways to opt-out.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The Websites and Services do not currently support Do Not Track requests.

(B.) Other Direct Interactions with You

You give us your information in your direct interactions with us. We collect information you provide to us when you register accounts on our Websites and other Services; request tickets, newsletters, and other products, services, or information from us; respond to surveys; participate in sweepstakes or contests; register as a Participant in or interact with MLS NEXT or MLS GO; or otherwise interact with us. This information includes the categories of Personal Information described in Section 1(A) and Device Identifiable Information, which you give us from time to time. As an Employee, job applicant, or contractor, we may collect Personal Information when you create an account on our careers website or submit a job application. Additionally we may receive physiological data from mobile devices, optical trackers, and wearable technology on Participants who are involved in MLS NEXT and Employees involved in a Member Club.

Except for IP addresses, we may match Device Identifiable Information with Personal Information that we may have from or about you, which would allow us to identify you. We may use this information to provide you with offers that are available where you physically are located.

(C.) Social Media

When using the Services or when using certain third-party social networking services (e.g., Facebook, Twitter) (each a “Social Network”), you may have the option to connect your Service information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your Service activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include technical information about your Service activity, your Service comments, or the videos you watch on the Service. Information we may access about you, with your consent, from a Social Network may include, but is not limited to, your basic Social Network information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Network. If you permit a connection between a Social Network and a Service, we (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you. For more information, please review the privacy disclosures and terms of your Social Network account, which govern how that account information is collected and shared with us.

(D.) Other Third-Party Sources

MLS may also receive other information from Service Providers (as defined in this Privacy Policy) in connection with the operation of our Services, including when you purchase our tickets or take our surveys through a third-party vendor. We may also receive information from Service Providers through marketing and demographic studies that we use to supplement Personal Information and de-identified information provided directly by you. Similarly, we may receive Personal Information from advertising partners. We may also receive information from background check service providers in connection with our employee and contractor applications. Additionally, we may receive Employee Personal Information and Participant Personal Information including Inferences drawn from other Personal Information from coaches or managers of Participants (as defined in Section 1(A)—Sensitive Participant Information (vi) and Section(1)(A)—Sensitive Employee Information (viii)).

  1. How We Use Your Information

For the Purpose Collected: If you provide Personal Information for a certain reason, we will use the Personal Information in connection with the reason for which it was provided. For instance, if you sign up for an email newsletter, we will use your email address to send you the newsletter. In addition, if permitted by law, and you seek to engage with our partners providing sports betting or gaming services, we may use your Personal Information to facilitate your engagement with our partners. Also, if you register or open an account on the Services, the Personal Information you provide may be used to maintain your account, provide you access to certain features of our Services, or offer you the benefits and privileges that typically come along with registration. These benefits may include access to and use of exclusive or personalized content or activities (such as message boards or digital ticket access), participation in special events and promotions (such as contests and sweepstakes), and delivery of food, beverages, and/or merchandise. As part of these activities, we may use your Personal Information to determine your eligibility, notify you whether you are a winner, and/or fulfill and deliver prizes and orders.

Support from Service Providers: In addition, Personal Information and Device Identifiable Information we collect may be used by us and by third-party service providers (as has been for the past twelve months), such as hosting providers, data management companies, address list hosting companies, e-mail service providers, analytics companies (e.g., Google Analytics), distribution companies, fulfillment companies, payment processors, and other partners that may offer you certain products or services in connection with your use of the Websites and Services (e.g., partners providing sports betting and gaming) (collectively, “Service Providers”) for a variety of purposes, including to:

· contact you about the Websites and/or Services you have requested;

· provide you with Services or information you have requested, or products or services you have ordered or signed up for, such as newsletters;

· confirm or fulfill an order you have made;

· administer your participation in a contest, sweepstakes, promotion, survey, or voting poll;

· facilitate the operation, maintenance and improvement of the Services, our business operations, and internal record keeping;

· Share or Sell (as each term is defined by the CCPA) Non-Sensitive Personal Information to our marketing partners to provide you with advertising that may be more relevant to you;

with your permission, send you, or facilitate your receiving, promotional material or special offers from MLS, Member Clubs, our partners or other third parties. These third parties include, if permitted by law, partners offering sports betting and gaming services. If you no longer wish to receive promotional e-mails from us or our partners, or have your information shared with third parties as previously described, you may change your mind and/or your preferences by following the directions in the “All Users: Your Rights, Choices and Controls” section of the Privacy Policy below.

Our Service Providers are given the information they need to perform their designated functions in connection with the Services, and, except for those instances we specifically allow, we do not generally authorize them to use or disclose your Personal Information for their own marketing or other purposes.

Identity Verification and Security: We also may obtain information about you from other businesses to verify your identity so we can properly process your requests and prevent fraud. By accessing and using our Services, you agree that we may use your submitted and obtained Personal Information and Device Identifiable Information for such purposes and to maintain the security of the Services.

Product Improvement and Marketing: MLS and our Service Providers may also use your Personal Identifiers, Contact Information, Biographical Information, Financial Information, Device Identifiable Information, and other information collected through the Services to:

· help us improve the content and functionality of the Services;

· better understand our users and their preferences;

· provide customer support;

· personalize experiences and product offerings, including targeted advertising, for our Services or the products and services provided by some of our Service Providers; and

· tailor payment plan offerings.

MLS may also use this information to communicate with you regarding the Services and, to the extent permitted by law, to tell you about services provided by others we believe may be of interest to you, including for those of legal age, sports betting and other gaming services.

Enforcement and Legal Obligations: MLS may use your Personal Information to enforce our MLS Terms of Service or investigate and prevent activities that may violate our policies or be illegal, and to respond to legal proceedings and obligations.

Recruitment of Employees and Contractors: MLS collects Employee Personal Information in connection with recruitment, applications and employment to use or disclose as appropriate to:

· Comply with all applicable laws and regulations.

· Recruit and evaluate job applicants and candidates for employment.

· Conduct background checks.

· Manage your employment relationship with us, including for:

o identity verification;

o onboarding processes;

o timekeeping, payroll, and expense report administration;

o employee benefits administration;

o employee training and development requirements;

o the creation, maintenance, and security of your online employee accounts;

o reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill;

o workers’ compensation claims management;

o employee job performance, including goals and performance reviews, promotions, discipline, and termination; and

o other human resources purposes.

· Manage and monitor employee access to our facilities, equipment, and systems.

· Conduct internal audits and workplace investigations.

· Investigate and enforce compliance with and potential breaches of our policies and procedures.

· Engage in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions.

· Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.

· Perform workforce analytics, data analytics, and benchmarking.

· Administer and maintain our operations, including for safety purposes.

· For client marketing purposes.

· Exercise or defend our legal rights, and those of our employees, customers, contractors, and agents.

MLS collects Participant Personal Information to use or disclose as appropriate for all of the following:

· To determine a Participant’s eligibility for participation.

· To permit Participants to compete in leagues or other competitions run as part of MLS NEXT.

· To train and improve the performance of Participants.

· To give Participants opportunities to participate in other national and international leagues and competitions.

· To conduct statistical analysis of Participants, including, for example, minutes played, distance covered, and player valuation.

· To recruit and scout current and potential Participants.

· To maintain digital match rosters.

· To comply with legal obligations.

· To make other internal, lawful uses of the Personal Information that are compatible for the context in which you provide it.

With respect to Participant Personal Information, we do not Sell or Share Participant Personal Information to third parties as defined by the CCPA, neither for monetary or other valuable consideration nor for purposes of cross-context behavior advertising.

MLS collects Parent Personal Information to use or disclose as appropriate for all of the following:

· To verify parental consent to use of Participant Personal Information.

· To confirm Participant eligibility.

· To obtain payment of fees.

· To notify Parent of documentation required for Parent’s child or children.

· To contact Parent and inform Parent of news, events, offers, or other information related to Parent’s child or children’s participation in MLS NEXT or MLS GO.

· To Share or Sell Parent Non-Sensitive Personal Information to our marketing partners to provide Parent with offers.

· To comply with legal obligations.

· To make other internal, lawful uses of the Personal Information that are compatible for the context in which you or Parent provide it.

  1. How We May Share Your Information

(A.) Business Transfers

As we develop our business, we might sell or buy businesses or assets, such as the sale of all or most of MLS’ or a Member Club’s assets or equity to another company. In the event of a corporate sale, merger, reorganization, dissolution, or similar event in which a third party assumes control of all or part of our business, Personal Information may be part of the transferred assets or business.

(B.) Sale and Sharing of Personal Information

Under the CCPA, “Share” is defined to include sharing, renting, releasing, disclosing, disseminating, or making available Personal Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, and a “Sale” is defined broadly to include the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating the Personal Information of a consumer to another business or third party for anything of value.

In the last twelve months, MLS has Shared and Sold some Non-Sensitive Personal Information and Non-Sensitive Parent Information, including Personal Identifiers, Contact Information, Commercial Information, and Inferences drawn from other Personal Information, to some of its sponsors and partners (e.g., jersey sponsors, sports betting and gaming partners, and club operator affiliates) for the purpose of those sponsors and partners marketing products and services that may be of interest to our fans. We do not sell, and to our actual knowledge, we have never Sold Personal Information of consumers we know are less than 16 years of age.

With respect to Participant Personal Information, we do not Sell or Share Participant Personal Information to third parties as defined by the CCPA, neither for monetary or other valuable consideration nor for purposes of cross-context behavior advertising.

We do not use or disclose Sensitive Personal Information for purposes other than the purposes listed in section 7027(m) of the CCPA Regulations.

If you are a California resident and would like to opt-out of the Sale of your Personal Information to our sponsors, partners, and other third parties, please follow the instructions at \*\*Do Not Sell or Share My Personal Information\*\*. We do not and will not discriminate against you because you opt-out of the sale of your Personal Information. But, please note that if we are unable to provide your Personal Information to our sponsors or partners it may mean that you will not receive some of the benefits or offers provided to others.

(C.) Service Providers and Third Parties

We share Personal Information and Device Identifiable Information with Service Providers, as described above in “How We Use Your Information”.

In addition to the information sharing described in Section (B) above, we may share with third parties aggregated and de-identified information collected on or through the Services for various purposes such as fan research and audience analysis. Aggregated and de-identified information does not include and is not linked to any Personal Information that can identify you or another individual person, but we may use your IP Addresses to verify users’ locations for various purposes, including blackout restrictions.

Examples of service providers and third parties are below.

(i). Service Provider:

· Imperium, LLC

· InCrowd

· Modular 11

· RCX Sports, LLC

· Salesforce

· Snowflake

· xPac Technology, through the Participant Passport product offering

We may permit access or provide Personal Information to third parties that are providing services on our behalf in connection with the Services, such as hosting, payment processing, and consent verification.

(ii). Soccer Club

· MLS NEXT and MLS GO clubs

When you provide Personal Information through the Services that information is shared with MLS NEXT or MLS GO club(s) to which you indicate you or a Participant is affiliated. MLS NEXT or MLS GO clubs may use that Personal Information to manage your or the Participant’s interactions with the MLS NEXT or MLS GO club as part of MLS NEXT or MLS GO, including team registration, tournament submission, and communications.

(iii). Soccer Organization, Including Federations:

· United States Soccer Federation

· United States Youth Soccer

· Canadian Soccer Association

· Fédération Internationale de Football Association (“FIFA”)

We may share certain categories of Participant Personal Information or Parent Personal Information (including date of birth, mailing address, email address, telephone number, name, nationality, and proof of identity, such as passport or other photo ID) to certain soccer organizations for purposes of verifying eligibility or participation and to give Participants an opportunity to participate in events hosted by these organizations.

(iv). Public, Governmental, and Regulatory Authority:

· United States Government

· Courts

· Sport Tribunals

We may use or disclose your Personal Information as appropriate under applicable laws to respond to requests from public, governmental, and regulatory authorities; to comply with court orders, litigation procedures, and other legal processes; to obtain legal remedies or limit our damages; to protect the operations of our group entities; and to protect the rights, safety, or property of you or others.

(D.) User Referrals

Users may send information about our Member Clubs, our products, or the Services, to their friends and family members by using an “E-mail to Friend” or similar feature in the Services or in an e-mail that we have sent them. We do not further contact those individuals without their consent to do so.

(E.) Third-Party Marketers

With your permission, we may share your Personal Information with our marketing partners and other third parties so that they may contact you directly regarding special promotions or offers (such as subscriptions to and promotions for goods and services, including, for example, through participation in a co-sponsored sweepstakes or contest, or sports betting or gaming promotions). We are not responsible for how these third parties may use your Personal Information, and such uses are subject to their own policies. If you have consented to our sharing of your Personal Information with third parties for such third parties’ marketing purposes, you can change your mind at any time and may let us know by following the instructions in the “All Users: Your Rights, Choices and Controls” section below.

(F.)Legal Requirements

We may also share Personal Information and Device Identifiable Information under the following circumstances:

· if required by law, such as by a court order, statute, regulation or rule, through legal process, or for law enforcement purposes;

· in the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of our creditors;

· if we determine it necessary in connection with an investigation or in order to protect our legal rights; or

in response to requests from federal, state, local or foreign law and civil enforcement agencies, such as a search warrant, subpoena or court order.

(G.) Sharing of Video Viewing Activity

To the extent that you consent to sharing any of your video viewing activity with third parties, your consent for such sharing is valid for two years unless you earlier withdraw your consent.

(H.) Data Retention

We will only retain Personal Information for as long as necessary to fulfill the purposes for which we have collected such information, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention periods for all Personal Information, we consider the amount, nature and sensitivity of the Personal Information, legal requirements, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the Personal Information and whether we can achieve those purposes through other means. If we collect “biometric identifiers” or “biometric information,” as those terms are defined by the Illinois Biometric Information Privacy Act (740 ILCS 14), we will delete those biometric identifiers and information when our initial purpose for collecting or obtaining your identifiers or information has been satisfied or within three (3) years of your last interaction with us, whichever occurs first.

  1. Communication Services and Community Features

5.1. Chat Rooms, Forums, and Message Boards

The Services may make chat rooms, forums, blogs, message boards, and other community features and activities available to you and other users. If you post Personal Information online, it will be publicly available, and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose Personal Information in these areas. We reserve the right (but assume no obligation) to review and/or monitor any such community areas on the Services.

5.2. Short Message Service

We may make available a service through which you can receive messages on your wireless device via short message service (“SMS Service”). You understand that your wireless carrier’s standard rates apply to these messages.

If you subscribe to one of our SMS Services, you may be required to register and provide Personal Information. We may also collect the date, time, and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service for the purpose of sending the SMS messages as well as for sharing with advertising partners. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information to facilitate the transaction in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We may also contact your carrier, which may access the content of your wireless account, for the purpose of identifying and resolving technical problems and/or Service-related complaints. We do not guarantee that your use of the SMS Service will be private or secure, and we are not 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 SMS Service. You may change your mind and unsubscribe to SMS Services at any time by following the instructions in the “All Users: Your Rights, Choices and Controls” section below.

  1. Third-Party Advertising

We may allow other companies that are providing advertising content, social networking services, or other services on our Websites to set and access tracking technologies such as cookies on your computer. These companies may collect information about your visits to the Websites in order to measure and assess the effectiveness of online advertising and to provide and better target advertisements about goods and services of interest to you. While the information collected by these third parties from you while you are visiting our Websites is not personally identifiable, some of these third parties may also combine such de-identified information with other information they have collected from various other sources, such as their own past online and/or offline purchase information and web usage from other sites. Such other information may include Personal Information, as well as demographic and behavioral information. Those companies’ use of cookies, and the information collected, are governed by those companies’ privacy policies, not ours. Please see the “All Users: Your Rights, Choices and Controls” section below for ways to opt-out of this third party advertising.

  1. All Users: Your Rights, Choices and Controls

You have various choices with respect to the collection of and certain of our uses of the Personal Information we collect from you on or through the Websites or Services. If you have not consented to us using your Personal Information as described in this Privacy Policy, we will only use it to complete the transaction or provide the service or product you have requested. Please note that not all of these rights may be available to users in all jurisdictions. Please note that if you choose to delete your information or opt out of the collection and use of your information, you understand that certain features of our Website(s) and/or Services may no longer be available to you.

(i). Your Rights

1.1. Right to Opt-Out/Opt-In

You have the right to direct us not to process your Personal Information for the purpose of (i) targeted advertising, (ii) the sale of Personal Information, or (iii) profiling (meaning automated processing performed on your Personal Information to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movement) in furtherance of decisions that produce legal or similarly significant effects concerning you, including denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water. Please note that MLS may conduct targeted advertising through our Websites but only with your affirmative consent.

If you have agreed to receive communications or solicitations from us (and/or signed up for an account with us), and you later change your mind, you can revise your preferences on the “Account” section of the Websites or through the MLS Preferences Center, or contact us at \*\*Major League Soccer Privacy Policy Request\*\*. You also may opt out of receiving all future promotional e-mails from us by clicking on an opt-out or “unsubscribe” link within the promotional e-mail you receive. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your other relationship, activities, transactions and communications with us.

If you have agreed to have us share your Personal Information with third parties so that they may contact you about promotions (and/or signed up for an account with us), offers and other information, you can revise your preferences on the “Account” section of the Websites or through the MLS Preferences Center, or contact us at \*\*Major League Soccer Privacy Policy Request\*\*. If you do request to have us stop sharing your Personal Information with other entities for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly or click on the opt-out or “unsubscribe” link that should be included within the promotional e-mail you receive from such third party.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize the processing of your Personal Information for the above purposes. You may change your mind and opt back in to the processing of your Personal Information at any time by revising your preferences on the “Account” section of the Websites or through the MLS Preferences Center, or contact us at \*\*Major League Soccer Privacy Policy Request\*\*.

You may opt-out of receiving ads from network advertisers by clicking the AdChoices icon on advertisements that are sent to you, or visiting the opt-out pages on the NAI website and the DAA website. Opting out does not prevent you from seeing ads; it simply means that network advertisers will no longer collect data for the purpose of providing you targeted ads. The DAA and NAI opt-out tools are cookie-based. They signal network advertisers so that they do not collect data online or deliver specific ads targeting you, and only affect the Internet/web browser on the computer where the cookies are installed. These opt-out tools will only function if your browser is set to accept third-party cookies. If you delete an opt-out cookie or all your cookies from a browser’s cookie files, change web browsers or change computers, you will no longer be opted out of our data collection and ad targeting, and we may place a new cookie unless an opt-out cookie is again reset on that browser. Opting out using one browser on one computer will not opt you out using any other browser on the same or another computer.

If you are a resident of the Commonwealth of Virginia (and, beginning on July 1, 2023, Colorado and Connecticut; beginning on January 1, 2024, Tennessee; beginning on July 1, 2024, Texas; beginning on October 1, 2024, Montana; beginning on January 1, 2025, Iowa; and beginning on January 1, 2026, Indiana), applicable law requires us to receive your opt-in consent before processing any “sensitive data”, which includes (1) Personal Information revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) Personal Information collected from a known child; or (4) precise geolocation data. We may process some of your sensitive data in connection with the Services and will ask for your opt-in consent before doing so. If you opt-in and change your mind, you may opt-out by revising your preferences on the “Account” section of the Websites or through the MLS Preferences Center, or contact us at \*\*Major League Soccer Privacy Policy Request\*\*.

1.2. Right to Know

You have the right to know and confirm that we are processing your Personal Information. You also have a right to access and see what data and Personal information we have collected about you. To the extent feasible, you may request for us to also provide a copy of your Personal Information that you previously provided in readily usable format to permit you to transfer your data to another entity.

1.3. Right to Modify

You have the right to correct any inaccuracies in the data and Personal Information you provide to us.

1.4. Right to Delete

You have the right to request that we delete the Personal Information we have collected from you (and direct our Service Providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

· Comply with a federal, state or local laws, rules, regulations or other legal obligations;

· Investigate, establish, exercise, prepare for, or defend any legal claims;

· Provide you a good or service;

· Perform a contract between us and you;

· Protecting an interest that is essential for your or another natural person’s life or physical safety;

· Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; or prosecute those responsible for any such action;

· Preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;

· Protect the free speech rights of you or other users;

· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws; or

· Conduct internal research to develop, improve or repair our products, services or technology.

(ii). Exercising Your Rights

To exercise your rights under this Privacy Policy, please submit a verifiable consumer request to us as indicated in the “Contact Us” section of this Privacy Policy. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a request to know or delete on behalf of your child by providing proof of identity. You may only make a verifiable consumer request to exercise your right to know twice within a 12-month period at no additional cost to you. The verifiable consumer request must:

· Provide sufficient information that allows us to reasonably verify whether you are the person about whom we collected Personal Information or an authorized representative.

· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will not discriminate against you for exercising any of your rights described above. Unless permitted by the law, we will not deny you goods or services; charge you different prices or rates for goods or services; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

(iii). Response Timing and Format

We will confirm receipt of your request, including requests received pursuant to the CCPA (as amended by the CPRA) (as discussed below), within ten (10) business days. If you do not receive confirmation within such timeframe, please contact us as indicated in the “Contact Us” section of this Privacy Policy. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account, or to the email address associated with the account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will cover the 12-month period preceding receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. Subsection (D) below describes how you can appeal our refusal to take action on a request to exercise your rights.

For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

(iv). Right to Appeal

If we refuse to take action on your request to exercise your rights, you may appeal our refusal. To appeal a refusal, please submit a copy of your request for an appeal and the original request to us as indicated in the “Contact Us” section of this Privacy Policy. Unless otherwise indicated in this Privacy Policy, within sixty (60) days of our receipt of your request for an appeal, we will inform you, in writing, of any action taken or not taken in response to your appeal. We will include a written explanation of the reasons for our decisions. If we deny your appeal, you may contact your local privacy enforcement authority to submit a complaint based on the below information.

(A.) Virginia

If you are a resident of the Commonwealth of Virginia, you can file a complaint with the Consumer Protection Section of the Office of the Attorney General of Virginia at:

Mailing address:

202 North Ninth Street

Richmond, VA 23219

Toll Free: 800-552-9963

Phone number: 804-786-2042

Fax number: 804-225-4378

(B.) Colorado

Effective July 1, 2023, if you are a resident of Colorado, we will inform you, in writing, of any action taken or not taken in response to your appeal (discussed above in Subsection D) within forty-five (45) days of receipt of your appeal. If we require more time (up to another sixty (60) days), we will inform you of the reason and extension period in writing. If we deny your appeal, you can file a complaint with the Office of the Attorney General of Colorado at:

Mailing address:

Ralph L. Carr Judicial Building

1300 Broadway, 10th Floor

Denver, CO 80203

Phone number: 720-508-6000

(C.) Connecticut

Effective July 1, 2023, if you are a resident of Connecticut, you can file a complaint with the Office of the Attorney General of Connecticut at:

Mailing address:

165 Capitol Avenue

Hartford, CT 06106

Phone number: 860-808-5420

(D.) Utah

Effective December 31, 2023, if you are a resident of Utah, you can file a complaint with the Office of the Attorney General of Utah:

Mailing address:

Utah Attorney General’s Office

Utah State Capitol

P.O. Box 142320

Salt Lake City, UT 84114-2320

(E.) Iowa

Effective January 1, 2025, if you are a resident of Iowa, you can file a complaint with the Office of the Attorney General of Iowa:

Mailing address:

Office of the Attorney General of Iowa

Consumer Protection Division

Hoover State Office Building

1305 E. Walnut Street

Des Moines, Iowa 50319-0106

  1. California Residents: Your California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like a copy of this notice, please contact us at \*\*Major League Soccer Privacy Policy Request\*\* or write to us at 420 Fifth Avenue, New York, NY 10018. Attn: Relations. Not all information sharing is covered by the “Shine The Light” requirements and only information on covered sharing will be included in our response. Under California law, businesses are only required to respond to a request once during any calendar year.

If you are a California resident, then you also have certain rights under the CCPA, as amended and expanded by the CPRA, regarding your Personal Information:

(A.) Right to Opt-Out

You have the right to direct us not to Sell your personal information (the “right to opt-out”). If you have opted-in to the Sale of your Personal Information, you may opt-out of future Sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following link:

Once you make an opt-out request, we will wait at least twelve months before asking you to reauthorize the sale of your personal information. You may change your mind and opt back in to the sale of your personal information at any time by making that selection in a \*\*Major League Soccer Privacy Policy Request\*\*.

You do not need to create an account with us to exercise your opt-out rights. We will only use the Personal Information provided in an opt-out request to review and comply with the request.

(B.) Right to Limit Use of Sensitive Personal Information

Under the CCPA, some Personal Information you may provide to us is considered “sensitive” Personal Information, such as your driver’s license, state identification card, financial information, racial or ethnic origin and geolocation. You may, at any time, direct us (and our Service Providers) to limit our use and disclosure of your “sensitive” Personal Information to only those uses which are necessary to perform the Services, or for any other lawful purpose. Once you exercise this right, we will not use or disclose your sensitive Personal Information for any other purposes without your express consent unless permitted by the CCPA or applicable law. However, we may continue to use or disclose your Personal Information that is not considered “sensitive” as set forth in this Privacy Policy.

(C.) Right to Know

You have the right to know and see what data we have collected about you over the past twelve months, including:

· The categories of Personal Information we have collected about you;

· The categories of sources from which the Personal Information is collected;

· The business or commercial purpose for collecting your Personal Information;

· The categories of third parties with whom we have shared your Personal Information; and

· The specific pieces of Personal Information we have collected about you.

(D.) Right to Modify

You have the right to correct any inaccuracies in the data and Personal Information you provide to us.

(E.) Right to Delete

You have the right to request that we delete the Personal Information we have collected from you (and direct our Service Providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

· Complete your transaction;

· Provide you a good or service;

· Perform a contract between us and you;

· Protect your security and prosecute those responsible for breaching it;

· Fix our system in the case of a bug;

· Protect the free speech rights of you or other users;

· Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);

· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;

· Comply with a legal obligation; or

· Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

(F.)_ Exercising Your Rights_

To exercise your right to know or your right to delete, please submit a verifiable consumer request to us as indicated in the “Contact Us” section of this Privacy Policy. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a request to know or delete on behalf of your child by providing proof of identity. However, please note that we may retain certain Personal Information as permitted by law and will maintain a record of the request as required by § 999.317(b) of the CCPA regulations. You may only make a verifiable consumer request to exercise your right to know twice within a 12-month period. The verifiable consumer request must:

· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. To have an authorized agent make a request under the CCPA on your behalf, please ask the authorized agent to contact us as set forth in the “Contact Us” section below. Please note that we may require the agent to provide us with proof that you have given them signed permission to submit the request. We may also require that you either verify your identity directly or directly confirm that you provided permission to your authorized agent. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

The requirements above do not apply if you have provided the authorized agent with power of attorney under the California Probate Code sections 4121 to 4130.

We will not discriminate against you for exercising any of your CCPA rights described above. Unless permitted by the CCPA, we will not deny you goods or services; charge you different prices or rates for goods or services; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, please note that if we are unable to provide your Personal Information to our sponsors or partners it may mean that you will not receive benefits provided to other consumers (e.g., sample products or services).

  1. Your Additional Rights in the UK and European Economic Area

If your personal data has been collected in connection with our activities in the UK or European Economic Area (“EEA”), you have the following rights:

· Withdrawal of Consent: If consent is the lawful basis of our processing, you have the right to withdraw any consent that you have provided to us to process your personal data.

· Access: You have the right to access your personal data.

· Rectification: You have the right to rectify inaccurate personal data.

· Erasure: You have the right to have your personal data erased if it is no longer necessary for the purposes for which it was processed, you have withdrawn your consent to, or object to, its processing and there is no other legitimate grounds for processing it or you believe that it has been unlawfully processed.

· Restriction: You have the right to have the processing of your personal data restricted if you contest its accuracy, if its processing is unlawful, if we no longer need it but you need it preserved for purposes of a legal claim, or if you have objected to its processing and are awaiting verification of our legitimate grounds for processing it.

· Data Portability: You have the right to have certain personal data you provide to us transferred to another company in a machine-readable format.

· Objection: You have the right to let us know that you object to the further use or disclosure of your personal data for certain purposes.

In order to exercise any of these rights, or for more information, please use the contact details specified in Section 16. Please note that these rights are subject to certain preconditions and qualifications under applicable law.

You also have the right (where applicable) to withdraw any consent given in relation to the processing of your personal information.

Please note that the right to erasure is not absolute and it may not always be possible to erase personal data on request, including for example where the personal information must be retained to comply with a legal obligation.

If you are in the UK, you may lodge a complaint with the Information Commissioner’s Officer (). If you are in the EEA, you may lodge a complaint with a supervisory authority that has authority in your country or region. Please click here for contact information for such authorities. Major League Soccer, L.L.C. is the controller of personal data collected through the Services.

  1. Security Practices

We use reasonable security efforts to protect the Personal Information in our possession. However, no method of transmission or storage of data is 100% secure and we will not be responsible for any damage that results from a security breach of data or the unauthorized access to or use of information, whether Personal Information or Device Identifiable Information. To the extent we provide your Personal Information to any third parties, we will request that they use reasonable security measures to protect your information.

  1. Links to Other Services

The Services (including without limitation MLS NEXT) may contain links to other websites and online services, including links to our Service Providers, partners’ or advertisers’ websites. When you link to such other sites and services (including by means of clicking on hyperlinks, logos, widgets, banners or advertisements), you become subject to their terms of use and privacy policies posted thereon and/or applicable thereto. Because we cannot control the activities of third parties, please note that we are not responsible for the privacy practices of third-party websites. We encourage you to be aware of this when you click on a link and leave the Websites, and to read the privacy policies of every website that collects Personal Information from you.

  1. U.S. Operations, Non-Discrimination, and Making a Complaint

The Services are operated and maintained within the U.S. We make no assurances or representations of any kind that the Services are suitable for use outside the U.S. or in the country in which you reside. The information we collect is kept on servers in the U.S. and may be transferred to servers in other countries, subject to the terms of this Privacy Policy. We retain the Personal Information that we collect for so long as we continue to have a business purpose for it.

By accessing and/or using a Service, establishing an account, or making a purchase, you consent to the processing of your Personal Information as provided in this Privacy Policy. You may withdraw that consent by contacting us at \*\*Major League Soccer Privacy Policy Request\*\* or through the MLS Preferences Center. Please know that when you withdraw your consent, we may still use your information to the extent necessary to complete a transaction with you or as otherwise permitted by law. You are required to provide certain Personal Information in order to use a Service, to make a purchase or to take advantage of certain features available through the Websites. Your choice not to provide this information may prevent you from using the Services or may result in a need to terminate your account or an inability for you to use certain features. It is not our intent to discriminate against you for exercising your rights or the choices available to you. But, without certain information, the Websites and Services may not work as designed.

If you wish to object to or raise a complaint on how we have handled your Personal Information, you may contact us at \*\*Major League Soccer Privacy Policy Request\*\*.

If you are not satisfied with our response or believe our processing of your Personal Information is not in accordance with law, you may register a complaint with the appropriate governmental authority. Major League Soccer, L.L.C. controls the Personal Information collected via the Websites and Services.

  1. Changes to this Privacy Policy

This Privacy Policy replaces any earlier version. You should review this Privacy Policy periodically as we may modify it from time to time. If we change our Privacy Policy in the future, we will post the changed Privacy Policy on the homepage of the Websites and other locations where the policy was previously posted. You will be able to determine what version of the Privacy Policy applies by the “Effective Date” placed under the title. Where consistent with applicable law, your continued use of the Services after we have changed the Privacy Policy signifies your acceptance of the revised terms. Under certain circumstances (e.g., with respect to certain material changes to this Privacy Policy, including the way we use or share Personal Information previously collected from you through the Services), we may also elect to notify you through additional means, such as posting a notice on the front page of the Websites or by means of an e-mail.

  1. Children’s Data

General Rules: We collect Personal Information from children under the age of 18 in certain areas of the Websites and as Participants in MLS NEXT and MLS GO, but only with affirmative parental consent. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will endeavor to delete that information.

Information Collected and Parental Rights: If your child wants to register on or participate in certain activities in the areas of the Services (including, without limitation, MLS NEXT and MLS GO) that are directed to children under 18, we will only allow such registration/participation to proceed if we have your affirmative consent. During the registration process, we may collect certain information from your child, including Personal Information such as their name or e-mail address, as well as a parent or guardian’s email address in order to obtain your affirmative consent. We will then send you an e-mail (which will include a link to this Privacy Policy), advising you about the portion of the Services in which your child has expressed interest, and request that you reply by e-mail if you consent to your child’s participation. In the reply e-mail, we may request further Personal Information from you (as defined in the main part of this Privacy Policy) about you and/or your child, but we will not request such information from your child. We will then send you a confirmatory e-mail of your child’s registration. Once your child is registered, we may request them to provide general information such as their favorite player. Under the Children’s Online Privacy Protection Act (“COPPA”), Parents have the right to:

· Review their child’s Personal Information, direct us to delete it, and refuse to allow any further collection or use of their child’s Personal Information, and

· Agree to the collection and use of their child’s Personal Information without allowing sharing with third parties, unless the disclosure is part of the service offered.

Parents can contact the Privacy Administrator at the address or email asset forth at the end of this policy and we will respond to their requests.

Information Use and Disclosure: We – and any of our Member Club(s) the child indicates interest in – may use the Personal Information to provide the child with the special services for which he or she has registered, such as membership in a Kids club, receipt of newsletters, or participation in contests. We do not condition a child’s participation in any of our online activities on the disclosure of more information than is reasonably necessary to participate in the activity.

Currently, the portions of the Websites that are directed to children under 18 do not have unscreened chat rooms, blogs, or other similar community functionality that would permit your child to disclose information to others or publicly. In addition, any “postcard” or “share with a friend” feature that may be available on these portions of the Websites will collect the recipient’s e-mail address, but not the sender’s; permit the sender to type in a first name and last initial; supply the content or allow the sender to select a pre-determined message from a menu; and be sent immediately, at which time the recipient’s e-mail address as collected from the sender is deleted from our records.

Please note that we require Participant (if over 18, or Parent if under 18) explicit consent for our collection and use of performance and tracking data, and physiological data, each time Participant wears technology that generates that data or otherwise gives MLS NEXT and/or MLS GO clubs or us access to that data. For more details on the use of wearable technology and optical trackers for performance monitoring, please see Section 15 (Performance Monitoring and Wearable Devices).

Personal Information collected on or through any portions of our Services that are directed to children under 18 may be shared with Service Providers (as defined above) with whom we contract to operate the Services. However, we will not share any Personal Information collected from children through our Services to our Service Providers, partners or any other third party in connection with sports betting and gaming services. As set forth above, we endeavor to maintain the confidentiality, security, and integrity of the Personal Information collected from your child. Other than our Service Providers and as described above, we will not share your child’s Personal Information with third parties. We may also collect, use and disclose this Personal Information as described in the other sections of this Privacy Policy.

  1. Performance Monitoring and Wearable Devices

The use of GPS-based performance monitoring within elite soccer in the U.S., Canada, and Europe is common and is widely considered to be a safe and effective method of gaining valuable, objective data on player performance that can be used not only to improve individual player development, but also to identify players at risk of injury and potentially help reduce the risk of future injury. Employees and Participants participating in an MLS or MLS NEXT club may be given the option to wear performance monitoring devices and may also be subject to optical tracking. These monitoring devices quantify physical performance, including physical load and movement, during training and matches for Employees and MLS NEXT Participants and measure physical metrics such as distance, speed, acceleration, deceleration, high-speed running, load, and heart rate.

  1. Automated Decision Making and Profiling

We do not foresee making any substantive decisions about individuals using automated means or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the subject individuals; however, we will notify you in writing if this position changes.

  1. Exclusions

This Privacy Policy does not apply to any Personal Information collected by MLS other than Personal Information collected through the Services or, in the case of Employee Personal Information, relating to recruitment, applications and employment. This Privacy Policy also does not apply to information about businesses or other non-individual users. MLS reserves the right to use and disclose aggregated or de-identified information for any commercially reasonable purpose.

  1. Contact Us

Please feel free to contact us if you have questions or concerns about this Privacy Policy or if you would like to exercise your applicable data protection rights via the web at \*\*Major League Soccer Privacy Policy Request\*\*, by calling toll-free at 855-657-2245, or by mailing us at:

Major League Soccer

420 Fifth Avenue, 7th Floor

New York, NY 10018

Attention: Privacy Administrator/Legal Department