Terms and Conditions

​

Agreement between User and https:/www.beforekickoff.com/

Welcome to https://www.beforekickoff.com/. The https://www.beforekickoff.com/ website (the "Site") is comprised of various web pages operated by Before Kickoff and Nino Solutions LLC. https://www.beforekickoff.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.beforekickoff.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.beforekickoff.com/ is an E-Commerce Site.

Privacy

Your use of https://www.beforekickoff.com/ is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.beforekickoff.com/ or sending emails to Before Kickoff constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Before Kickoff is not responsible for third party access to your account that results from theft or misappropriation of your account. Before Kickoff and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Before Kickoff does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https:// www.beforekickoff.com/ only with permission of a parent or guardian.

Purchasing

By purchasing anything from this website, you acknowledge and agree to be bound by the Terms of Use, our Privacy Policy, and our Terms of Purchase Policy. If you do not agree to our Terms of Use, our Privacy Policy, and our Terms of Purchase Policy, please do not purchase anything and don’t enter into any transaction with us.

Upon purchase, you shall be granted access to our in-person and/or digital Services. You are responsible for maintaining the secrecy and security of our digital Services, and Nino Solutions LLC (Before Kickoff) is not responsible for any unauthorized use of our Services. Only the authorized user is permitted to use the password-protected Services. Group buys of our products are strictly prohibited, as is document sharing. If you loan or share our resources knowingly or unknowingly, and you knowingly or unknowingly allow unauthorized access to the Services, you shall be held responsible for any violations of the Terms of Use.

If you default on any payment plans you will be removed from any programs until payment is settled. Failure to complete payment after a period of time may result in being sent to collections.

No Guarantee of Results

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICES IS AT YOUR OWN RISK. You accept, agree, and understand that you are fully responsible for your progress and results from your participation in the Session and Services. Nino Solutions LLC does not offer any representations, warranties, or guarantees verbally or in writing in regards to your soccer development success, health levels, mental strength, technical/tactical gains, athleticism, or results of any kind. You are solely responsible for your own actions and results in life, fitness, and soccer, which are dependent on factors that are personal to you, including (but not limited to), your skill, knowledge, ability, dedication, network, and personal health and fitness situation.
You accept, agree, and understand that any testimonials or endorsements provided by Before Kickoff’s customers or audience that are represented through our Services, Websites, marketing materials, advertisements, or any of our communication channels have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our Services, Websites, marketing materials, advertisements, or any of our communication channels are our opinions only and therefore are not guarantees or promises of actual performance.
The information given to you during Services and Sessions does not constitute professional legal, medical, psychological or financial advice and is general in nature. It does not take into account your specific circumstances nor does it verify the truthfulness and accuracy of what you are telling us during the Services and Sessions, and it should not be acted upon without full understanding of your current situation and future goals and objectives. You are responsible for making the determination as to whether the information given to you during the Services and Sessions is suitable to your needs. We don’t guarantee results or offer medical advice. Nino Solutions LLC accepts no liability for any loss or damage whatsoever arising out of the use of this website, the Services, or reliance on the content of the Website or Services.

Earnings Disclaimer

Results may vary from individual to individual in soccer development, and depend on the consistency, applicability, resources and other factors. Any results stated are our own personal result figures. Please understand our results are not typical, we’re not implying you’ll duplicate them (or do anything for that matter). The average person who follows any ‘how to’ information gets little to no results. We’re using these references for example purposes only. Your results may

vary and depend on many factors including but not limited to your background, experience, and work ethic – we make no guarantees whatsoever. All soccer development programs entail risk as well as massive and consistent effort and action. If you’re not willing to accept that, then we’re not a great fit for you.

Fees

As consideration for any purchase you make on the Website(s), you shall pay us all applicable fees and taxes without offset of any kind. We (or our third-party payment processor) shall authorize the nominated payment method (e.g. credit card, bank account, or other approved payment facility) provided by you during the purchase and registration process for the full payment of all fees and applicable taxes owing (without offset of any kind), and you consent to the same. If you are based in the United States, all payments will be charged and made in US Dollars. If you are based outside of the United States, all payments will be charged and made in US Dollars.

We offer the ability to provide payment via our Website(s) or via phone or video call. You consent to us processing your payment on your behalf if you choose to provide payment details via phone or video call. You must provide current, complete and accurate billing and payment information. You agree to only provide us with a payment method to which you are authorized to use. If your billing information changes, you must promptly update us. If you choose to purchase our Services using the payment plan option, you consent to us making multiple charges to your chosen payment method. If your billing and payment information changes during the payment plan, you must provide us with updated billing and payment information immediately. You consent to us re-trying any failed payment plan transactions, and you agree to pay any fees or related charges incurred as a result of the failed payment.
If the fees and applicable taxes charged to you are dishonored, rejected, or otherwise not made available to us, you agree to immediately pay all amounts due upon demand. If the payment method you use is subject to a foreign transaction fee or related charges, you will be responsible for paying those fees or related charges. It is recommended that you verify the fees and related charges that you may be responsible for with your payment issuer. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance owed to us.

Refunds

There are no refunds due to the digital nature of Before Kickoff products.

Use of Downloadable Assets

To protect the security of our Downloadable Assets, we reserve the right to place a limit on the number of times program materials can be downloaded. We accept no liability for any loss or damage whatsoever arising out of the use of our Downloadable Assets. Use of our Downloadable Assets is a decision made at your sole discretion. We have used best efforts to ensure the Downloadable Assets are free from malicious code, including viruses, worms, and Trojan horses but we are not responsible for the security of your systems or your website. As part of delivery of

the Services, you will be required to activate the Downloadable Assets. In doing so, you agree that if any license(s) granted to you as part of the Downloadable Assets are compromised (including being copied, distributed or shared without our authorization), we may revoke the license(s) without notice to you. In this event, you will not be entitled to a refund or any compensation. You agree by purchasing the Services that the Before Kickoff services are to be used by one person. You are purchasing a single license and you must not replicate, sell, or distribute any of the resources. It will only be possible to activate the Downloadable Assets if the Before Kickoff Services have been purchased in full without refund, partial refund, bank or credit card dispute, failed payment(s), or invoice offset. In the event the Services have not been paid in full, we may, at our sole discretion, revoke access to any or all parts of the Services. No payment, no Services. Simple.

Be sure to return to these Terms of Purchase Policy periodically to review the most current version. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms of Purchase Policy without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page.

Links to Third Party Sites/Third Party Services

https://www.beforekickoff.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Before Kickoff and Before Kickoff is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Before Kickoff is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Before Kickoff of the site or any association with its operators.

Certain services made available via https://www.beforekickoff.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.beforekickoff.com/ domain, you hereby acknowledge and consent that Before Kickoff may share such information and data with any third party with whom Before Kickoff has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.beforekickoff.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https:// www.beforekickoff.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Before Kickoff that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Before Kickoff or its

suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Before Kickoff content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Before Kickoff and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Before Kickoff or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Before Kickoff has no obligation to monitor the Communication Services. However, Before Kickoff reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Before Kickoff reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Before Kickoff reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Before Kickoff’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Before Kickoff does not control or endorse the content, messages or information found in any Communication Service and, therefore, Before Kickoff specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Before Kickoff spokespersons, and their views do not necessarily reflect those of Before Kickoff.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to https://www.beforekickoff.com/ or Posted on Any Before Kickoff Web Page
Before Kickoff does not claim ownership of the materials you provide to https:// www.beforekickoff.com/ (including feedback and suggestions) or post, upload, input or submit to any Before Kickoff Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Before Kickoff, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Before Kickoff is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Before Kickoff’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Before Kickoff account to third party accounts. By connecting your Before Kickoff account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Social Media

By agreeing to our terms, you acknowledge and agree that you are consenting to any recordings of sessions with our coaches and uploads on our social media channels.

International Users

The Service is controlled, operated and administered by Before Kickoff from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Before Kickoff Content accessed through https://www.beforekickoff.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Before Kickoff, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Before Kickoff reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Before Kickoff in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Nino Solutions LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NINO SOLUTIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NINO SOLUTIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NINO SOLUTIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NINO SOLUTIONS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NINO SOLUTIONS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Before Kickoff reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Before Kickoff as a result of this agreement or use of the Site. Before Kickoff’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Before Kickoff’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Before Kickoff’s with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Before Kickoff with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Before Kickoff with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Before Kickoff reserves the right, in its sole discretion, to change the Terms under which https:// www.beforekickoff.com/ is offered. The most current version of the Terms will supersede all previous versions. Before Kickoff encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Before Kickoff welcomes your questions or comments regarding the Terms:

Email Address: support@beforekickoff.com

Effective as of July 01, 2024