Terms of use

TERMS OF USE

These Terms of Use (“Terms of Use”) explains the terms applicable to your use of the website TheAthleteBook.com (the “Site”) and any resources, features, functionality, or services made available through the Site (“Services”).  By accessing the Site, you agree to be bound by the terms set forth herein. If you do not accept these terms, you are not authorized to use the Site or the Services. We reserve the right to modify, suspend or discontinue the Site or the Services (or any part thereof) at any time. Your continued use of the Site constitutes your acceptance of and Terms of Use with any and all changes. You agree that TheAthleteBook.com (“we”, “us”, “our”) shall not be liable to you or to any third party for any claim or loss related to or arising out of your use of the Site or Services, or any such modification, suspension, or discontinuance of the Site or the Services. We may post additional terms, conditions, rules or requirements related to the Site and/or the Services, and all such terms, conditions, rules, and/or requirements shall be incorporated into these terms.

ACCESS

You will access the Site as a registered alumni athlete, a student athlete, a student or an employer recruiting athletes and/or students. You agree to provide accurate and complete registration and other information entered via your use of the Site and the Services, and to be responsible for all activities that occur under your account. You agree to maintain and promptly update any and all information that is untrue, inaccurate, not current or incomplete, or that we have reasonable grounds to suspect is untrue, inaccurate, not current or incomplete.   We do not guarantee that use of the Site will result in any employment offers.

USER COMMUNICATION

The Site provides users with the ability to send and post messages and videos to each other. We have the right, but not the obligation, to monitor, reject, edit or remove all or a portion of any postings, submissions or content. By using the Site or the Services or communicating with us or others by means of your access to the Site or Services, you consent to receive communications from us, including but not limited to, emails, text or SMS messages, and other online, mobile, or conventional methods as exist now or may exist in the future. We also retain all right, title, and interest (including all intellectual property rights) in the Site and the Services, and in any feedback from users related to the Site or the Services (including, without limitation, any improvements, modifications or enhancements to the Site or Services based on such feedback and evaluation).

CONTENT

This Site, the content, and all intellectual property rights included in or associated with the Site, including, but not limited to patents, copyrights, trademarks, service marks and logos (collectively “Content”), are owned by or licensed to us. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Site, including, without limitation, utilizing, copying, distributing, re-publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, or transmitting any such Content, unless expressly authorized in these terms. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content. The Site and/or Service may contain links to third-party websites not under our control or operation. Your use of any such third-party websites and/or content shall be conditioned upon such third party website’s terms of use.

YOUR INFORMATION

Any user names or passwords associated with any account you create via the Site must be maintained by you as confidential and may not be shared by you with anyone not authorized to have access to your personal information. By using the Site or Service, you agree to be subject to the terms and conditions set forth in our Privacy Policy located on the Sitewhich is incorporated herein by reference.  In addition to consenting to our collection and use of information about you in accordance with that policy as it exists now or in the future, you also agree that, regardless of where you are physically located, the nature of electronic communications and our network architecture and business practices may involve the transfer of this information and other data transmission via the Site or Service to the United States, on an interstate basis, and/or to other countries for storage, processing and use by us.

COMPLIANCE

You agree to comply with all applicable laws, statutes, ordinances and regulations in connection with your use of the Site and its Content and the Services, including but not limited to any rules and regulations promulgated by the National Collegiate Athletic Association.  To the extent that any applicable taxes, duties, or other fees apply to your use of the Site or the Services, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any such information to any applicable government agencies, all without liability to you. Without limiting the foregoing rights, you consent and agree that we may access, preserve and disclose your account information, as applicable, if required to do so by law or based on a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce these Terms of Use; and (iii) respond to requests for customer service.

You agree not to misuse the communication tools available to you by means of your access to or use of the Site or Services, including but not limited, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms of Use. You agree that you will not, and you will not encourage or assist others to, use the Site or the Services in any way to specifically circumvent proper and authorized use of our Site and its functionality, or to interfere with or disrupt the Services or servers or networks connected to the Services.

You may not post, share or communicate in any manner via the Site or the Services any information or content that is defamatory, libelous, threatening harm or injury of any kind, harassing, discriminatory, unlawful, obscene, indecent and/or contains pornography or “adult” content or graphic or gratuitous violence, and you may not stalk, solicit, or harass another and/or collect or store personal data about other users in connection with any of the prohibited activities set forth herein. You may not select or inaccurately represent you are a member of a community you are not a member of.

You may not upload, post, email, transmit or otherwise make available any content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party.

You are not authorized to sell or transfer any account obtained through TheAthleteBook.com. You may only have one account. The registration of multiple accounts by or for the same person, or any action taken to try to circumvent the account eligibility requirements, proper working of the Services, these Terms of Use, or otherwise, is prohibited, and shall be considered a violation of these Terms of Use. Upon any such breach, we may terminate all such accounts and/or access to or use of any Content, Services, or other features associated therewith, prohibit further use by such individual or individuals of the Site, or take any other actions deemed necessary by us in our sole discretion.

TERMINATION

We may terminate your use of the Site and/or the Services any time at our discretion. Following any such termination, we shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that we terminate your use rights, we shall in no way be precluded from pursuing any and all of our additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

DISCLAIMER OF WARRANTIES

WE PROVIDE THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF, UNLESS OTHERWISE SPECIFIED IN WRITING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

We are an online service provider; we are not responsible for any loss or injury whatsoever due to Content or other information published through the Site.  The Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability.  We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site.

WE SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, SERVICES AND ANY MERCHANDISE PROVIDED VIA THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY PRODUCTS, SERVICES OR MERCHANDISE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY US. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, OUR TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to us; and/or (iv) any intentional wrongdoing by you.

GOVERNING LAW

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN SUSSEX COUNTY, DELAWARE, YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE SITE, THE SERVICES, AND/OR THESE TERMS WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with us and you each bearing our and your own costs and legal fees related to the arbitration, regardless of whether you or we prevail.  Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in Sussex County, Delaware, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

GENERAL

Our failure to exercise or enforce any right or provision of theseTerms of Use shall not constitute a waiver of such right or provision. If any provision of theseTerms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. All our rights and obligations under these Terms of Use, including without limitation, the Privacy Policy, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use, and any web pages or other documents incorporated by reference, sets forth the entire understanding and Terms of Use between the parties with respect to the subject matter hereof.

AGE VERIFICATION

By registering as a user, you certify that you are 13 years of age or older. Children under the age of 13 may not access or use the Site or the Services, and parents or legal guardians may not agree to theseTerms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally-identifiable information, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

CONTACT US

If you have any questions or comments, please <Contact Us>.

Effective November 22, 2016