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Terms & Conditions



TERMS OF SERVICE AND USER AGREEMENT FOR RECRUITING BOARD LLC


Recruiting Board LLC (hereinafter “Recruiting Board,” “we” or “us”) operates a digital media network through the website http://www.recruitingboard.net (“Site”). This Terms of Service and User Agreement (“Agreement”) sets forth the legally binding terms for your use of the services and features offered through the Site (“Services”).


Please read this entire Agreement carefully before you use the Site or Services. Section 1

Section 1 Terms of Service

1.01. Terms of Use. You are only authorized to use the Site and/or any Services offered by Recruiting Board if you agree to abide by all of the terms of this Agreement and all applicable laws, rules and regulations. If you do not so agree, you should leave the Site and discontinue use of any and all Recruiting Board Services immediately. Your use of the Site or Services in any manner constitutes your representation and warranty that you fully and completely understand, accept and agree to abide by all of the terms of this Agreement.


1.02. Changes. We reserve the right to revise and update this Agreement from time to time as we, in our sole discretion, may deem appropriate. All changes are effective immediately when posted, and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site and/or Services following posting of a revision to this Agreement constitutes your representation and warranty that you fully and completely understand, accept and agree to abide by all of the changes and revised terms of this Agreement. If you do not so agree, you should leave the Site and discontinue use of any and all Recruiting Board Services immediately. You should check this page frequently so you are aware of any changes, as they are binding on you.


1.03. Other Users. You are responsible for ensuring that any and all persons who access the Site and/or Services through your computer and/or internet connection are aware of and abide by the terms of this Agreement.

Section 2 The Site

2.01. Access. Access to the Site and the Services provided thereby may be interrupted, suspended or terminated periodically for reasons and/or circumstances within the control of Recruiting Board and/or outside the control of Recruiting Board. From time to time, we may, in our sole discretion, restrict access to some or all parts of the Site to you and/or other users. We are not, and shall not be, liable to you or any user if any part, or the entirety, of the Site is unavailable or inaccessible to you or any other user at any time or for any period, whether such inaccessibility is within or outside the control of Recruiting Board.


2.02. Discontinuance. We reserve the right to, without notice to you or any user, update, modify, amend, withdraw or otherwise shut down the Site and/or discontinue any Service we provide at any time and for any reason we, in our sole discretion, deem appropriate. We are not, and shall not be, liable to you or any user as a result of any update, modification, amendment, withdrawal or shut down of the Site or discontinuance of any Service.


2.03. Third Party Content. The Site includes content provided by third parties, including materials provided by other users. The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other features that allow users to post, submit, publish, display or transmit statistics, athlete and program information, photographs, video and other content, materials and information. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. All statements expressed in these materials, whether expressed as fact or opinion, and all articles and responses to questions and other content, other than the content provided specifically by Recruiting Board, are solely the statements, opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Recruiting Board. Recruiting Board is not, and shall not be, responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.


2.04. Updates. Recruiting Board updates the content on this Site from time to time, but its content is not necessarily complete or uptodate at any given time. This is especially true with regard to content provided by other users and other thirdparties. As such, you understand and agree that any material on the Site may be out of date at any given time. Recruiting Board is not, and shall not be, responsible or liable to you or any third party for the content or accuracy of any materials provided on the Site which may be out of date.

Section 3 Use and Content Restrictions

3.01. Prohibited Uses. You represent, warrant and agree that you will only use the Site for lawful, moral and ethical purposes and in accordance with the terms of this Agreement. You further specifically agree NOT to use the Site:


(a) in any way that is contrary to the terms of this Agreement;


(b) to upload, download, send, receive, use or reuse any material which does not comply with the Content Standards set forth in Section 3.04 of this Agreement;


(c) in any way that violates any applicable federal, state, local or international law, rule or regulation, including without limitation any applicable National Collegiate Athletic Association (NCAA) recruiting rule or National Association of Independent Athletics (NAIA) recruiting rule;


(d) for the purpose of exploiting, harming or attempting to exploit or harm a minor in any way by exposing him/her to inappropriate content, asking for personally identifiable information, or otherwise;


(e)to collect, use and/or disclose personally identifiable information in violation of any applicable law;


(f) to impersonate Recruiting Board, a Recruiting Board employee, another user, or any other person or entity, including without limitation by using any email address and/or screen name of another person or entity without the express written authorization from that person or entity;


(g) to transmit, or procure the sending of, any advertising or promotional material which has not expressly been approved, in writing, in advance, by Recruiting Board;


(h) in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; and/or


(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site; that, in Recruiting Board’s sole discretion, may harm Recruiting Board or users of the Site; or that, in Recruiting Board’s sole discretion, may expose Recruiting Board or users of the Site to liability.


3.02. Prohibited Acts. You represent, warrant and agree that you will not use any device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; use any process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Recruiting Board’s prior written consent; use any device, software or routine that interferes with the proper working of the Site; introduce any material which is malicious or technologically harmful (e.g., viruses, Trojan horses, worms, etc.); attempt to gain unauthorized access to, interfere with, damage or otherwise disrupt any part of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or otherwise attempt to interfere with the proper working of the Site.


3.03. UserProvided Content. You represent, warrant and agree that all content you post, submit, publish, display or transmit on the Site will comply with the Content Standards set out in Section 3.04 of this Agreement. You further represent, warrant and agree that all information you post, submit, publish, display or transmit on the Site will be true and accurate to the best of your knowledge and belief. You further represent, warrant and agree you own and/or control all rights, title and interest in and to all content you post, submit, publish, display or transmit on the Site, that you have the right to license to Recruiting Board and our affiliates and service providers, and each of Recruiting Board’s, its affiliates’ and its service providers’ respective licensees, successors and assigns, the right to use, reproduce, modify, display, distribute, perform or otherwise provide and/or disclose any and all such content to third parties, and that your posting, submitting, publishing, displaying or transmitting content on the Site or providing the aforementioned license does not violate the privacy, publicity or intellectual property rights of any other person or entity. You further understand and agree that all content you post, submit, publish, display or transmit on the Site will be considered to be nonconfidential and nonproprietary and that, by posting, submitting, publishing, displaying or transmitting content on the Site, you grant Recruiting Board and its affiliates, service providers, and each of Recruiting Board’s, its affiliates’ and its service providers’ respective licenses, successors and assigns, the right to use, reproduce, modify, display, distribute, perform or otherwise provide and/or disclose any and all such content to third parties irrevocable and free of royalties or other charges. You further understand, agree and acknowledge that you are responsible for any and all content you post, submit, publish, display or transmit on the Site and that you (and not Recruiting Board, nor its affiliates, nor its service providers, nor any of Recruiting Board’s, its affiliates’ nor its service providers’ respective licenses, successors and assigns) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.


3.04. Content Standards. These content standards apply to any and all content you post, submit, publish, display or transmit on the Site. All content you post, submit, publish, display or transmit on the Site, must comply with all applicable federal, state, local and international laws and regulations, including without limitation any applicable


National Collegiate Athletic Association (NCAA) recruiting rules and/or National Association of Independent Athletics (NAIA) recruiting rules. In addition, you may NOT post, submit, publish, display or transmit any content whatsoever on the Site that:


(a) contains or promotes any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit or indecent material of any kind, as determined by Recruiting Board in its sole discretion;


(b) encourages, promotes, solicits or commits conduct that is criminal in nature, that may give rise to civil liability, or which otherwise violates any local, state, national or international law, rule or regulation, including but not limited to National Collegiate Athletic Association (NCAA) recruiting rules and/or National Association of Independent Athletics (NAIA) recruiting rules;


(c) contains or promotes in any way material that violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;


(d) promotes physical harm or injury against any individual or group;


(e) promotes material that exploits, or attempts to exploit, children under the age of eighteen (18);


(f) contains or promotes any material which constitutes a request for money, petition for signature, or which involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, unless specifically approved by Recruiting Board in writing, in advance;


(g) contains or promotes any material that contains a virus or other harmful component;


(h)contains or promotes any material in connection with gambling; and/or


(i) violates the spire of this Agreement or the spirit or intent of these content standards.


Recruiting Board shall have the right to determine, in its sole discretion, whether the content you post, submit, publish, display or transmit on the Site is compliant with the spirit of these standards and to, in its sole discretion, modify, amend, redact or remove all or part of any content you post, submit, publish, display or transmit on the Site and/or disallow, discontinue and/or terminate your access to the Site and/or Services temporarily and/or permanently, as Recruiting Board, in its sole discretion, deems appropriate, with or without notice to you. Recruiting Board is not, and shall not be, responsible or liable to you or any third party for the modification, amendment, redaction or removal of all or part of any content you post, submit, publish, display or transmit on the Site which Recruiting Board determines is not so compliant.


3.05. Monitoring. Recruiting Board cannot review all material before it is posted on the Site and cannot ensure prompt removal of all objectionable material that may be posted. Recruiting Board assumes no liability for any action or inaction regarding transmissions, communications or content on the Site that is posted or provided by any user or third party.


3.06. Enforcement. In addition to other actions set forth herein, you understand, agree and acknowledge that Recruiting Board has the additional right, in its sole discretion, at any time, with or without notice to you, and without waiver, to:


(a) refuse to allow you or any third party to post, submit, publish, display or transmit any content on the Site for any reason or no reason at all;


(b) modify, amend, redact or remove all or part of any content you post, submit, publish, display or transmit on the Site, or otherwise take any action we deem necessary or appropriate with regard to any content you post, submit, publish, display or transmit on the Site, for any reason or no reason at all;


(c) terminate or suspend your access to all or part of the Site for any violation of the terms of this Agreement;


(d) disclose your identity and/or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;


(e) take appropriate legal action against you and/or refer any action to the any law enforcement agency for any illegal or unauthorized use of the Site; and/or


(f) fully cooperate with any law enforcement agency, authority or court requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.


You understand, agree and acknowledge that you hereby waive any and all rights and claims against, and agree to hold harmless, Recruiting Board, its affiliates, its service providers, and each of Recruiting Board’s, its affiliates’ and its service providers’ respective licensees, successors, assigns, owners, shareholders, members, officers, board members, employees and other agents, from any and all harm, damages or claims resulting from any action taken by Recruiting Board, its affiliates and/or its service providers during or as a result of its investigations or as a result, consequence or byproduct of any action or inaction by Recruiting Board, its affiliates, its service providers or other third parties, including any law enforcement agency.


3.07. User Disputes. You understand and agree that any dispute you have with another user of the Site and/or Services and/or any other thirdparty, regardless of whether the dispute relates to the Site, content, comments or other materials posted, submitted, published, displayed or transmitted on the Site, is between you and the other user and not Recruiting Board. Recruiting Board reserves the right to monitor any and all such disputes, to investigate any and all such disputes and to take any action that Recruiting Board, in its sole discretion, deems appropriate in response to any and all such disputes. Recruiting Board shall not be liable in any manner for monitoring, investigating, or taking any action as a result of any such dispute. Notwithstanding this reservation, Recruiting Board shall have no obligation, responsibility, or affirmative duty to monitor, investigate or take any action as a result of any such dispute and shall not be liable for failing to monitor, investigate, or taking any action as a result of any such dispute.

Section 4 Linking

4.01. Social Media. The Site may provide certain features, including but not limited to social media features, that enable you to link from your own website or webpage or certain other thirdparty websites to certain content on the Site; send emails, texts or other electronic communications with certain content, or links to certain content, on the Site; and/or cause limited portions of content on the Site to be displayed or appear to be displayed on your own website or webpage or certain other thirdparty websites. You may use these features solely as they are provided by Recruiting Board, solely with respect to the content they are displayed with, and otherwise solely in accordance with any additional terms and conditions Recruiting Board provides with respect to such features. Recruiting Board may, in its sole discretion, disable any or all such features, links and/or linking abilities at any time and without notice.


4.02. Linking To. Pursuant to the terms and provisions hereof, you may link to the Site’s homepage, and homepage only, provided you do so in a way that is fair, legal, and does not damage, disparage or take advantage of Recruiting Board’s reputation. The webpage and/or website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in Section 3.04 of this Agreement. You may not establish any link which in any way suggests any form of association, approval or endorsement by Recruiting Board, unless you first obtain the express written consent of Recruiting Board. Subject to the foregoing, you represent, warrant and agree that you will not establish a link from any webpage or website that is not owned by you; cause the Site or portions thereof to be displayed, or appear to be displayed, on any other site; or otherwise take any action that is inconsistent with any other provision of the terms of this Agreement. You further represent, warrant and agree that you will cooperate with and assist Recruiting Board in the removal, deletion, disabling and/or other actions to cause the cessation of any unauthorized framing or linking.


4.03. Links From. The Site may contain links to other sites and resources provided by third parties, including but not limited to, links contained in advertisements, banners and sponsored links. These links are provided for your convenience and the convenience of other users only and are not an endorsement by Recruiting Board of the sites or services provided thereby. We have no control over the contents of the linked sites or resources and are not, and will not be, responsible for them or any loss or damage to you that may arise from your use of said links. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further agree that any such interaction you may have with third party websites through use of such links or otherwise is solely between you and the third party and not Recruiting Board. Recruiting Board is not, and shall not be, responsible or liable for any damage or loss you may incur as a result of any such interactions.

Section 5 Intellectual Property

5.01. Ownership. The Website and its entire contents (excluding user provided content), features and functionality, including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (including the design, selection and arrangement of user provided content) are owned by Recruiting Board and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


5.02. Use of Intellectual Property. This Agreement permits your lawful use of the Site for your personal, noncommercial use only. However, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:


(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;


(b) You may store files that are automatically cached by your Web browser for display enhancement purposes;


(c) You may print or download one copy of a reasonable number of pages of the Site for your own personal, noncommercial use and not for further reproduction, publication or distribution;


(d) If desktop, mobile or other applications are provided for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for any such applications; and


(e) If we provide social media features with certain content, you may take such actions as are enabled by such features.


You may not modify copies of any materials from the Site and you may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.


5.03. No Transfer. No right, title or interest in or to the Site or any content on the Site is transferred to you. No exclusive license or right to use the Site or any content on the Site is transferred to you. All rights not expressly granted are reserved by Recruiting Board. Recruiting Board may, at its sole discretion, and without notice, revoke your right to use or access the Site, any content thereon, or Services at any time and for any reason or no reason at all.

Section 6 Disclaimers and Limitations of Liability

6.01. Disclaimer of Warranties. The Site, its content, Services, and items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Recruiting Board nor any person associated with Recruiting Board makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site or any content included on the Site. Without limiting the foregoing, neither Recruiting Board nor anyone associated with Recruiting Board represents or warrants that the Site, its content or any services or items obtained through the Site will be accurate, reliable, errorfree or uninterrupted, that defects or inaccurate information will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations. Recruiting Board hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, noninfringement and fitness for particular purpose. No statement, whether written or oral, obtained by you from Recruiting Board or any person associated with Recruiting Board, or anywhere on the Site, will create any warranty not expressly stated in this Agreement.


You are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. Recruiting Board is not, and will not be, liable for any loss or damage caused by any virus or other technologically harmful material that may damage or infect your hardware, equipment, programs, data or other materials, proprietary or otherwise, resulting from your use of the Site and/or Services and/or as a result of your downloading any material posted on the Site or any webpage or website linked to the Site. Your use of the Site, Services, any and all content on the Site, downloaded from the Site or through the Site or any webpage or website linked to the Site, is at your own risk.


6.02. Limitation of Liability. In no event will Recruiting Board, its affiliates, licensors, service providers, owners, shareholders, members, officers, directors, employees, or other agents be liable for damages of any kind, under any theory, arising out of or in connection with your use of, or inability to use, the Site, the content of the Site, your use of, or inability to use, any websites linked to the Site, the content of any websites linked to the Site, Services or other items obtained through the Site, or services or other items obtained through any website linked to the Site, including, but not limited to, any direct, indirect, special, incidental, consequential, punitive or exemplary damages, relating to any personal injury, pain and suffering, emotional distress, or loss of revenue, profits, business, use, goodwill, data, or otherwise, caused by or contributed to by any tort, whether negligent or intentional, breach of contract, or other act or inaction, regardless of whether any such damages are foreseeable or unforeseeable.


6.03. Indemnification. You agree to defend, indemnify and hold harmless Recruiting Board, its affiliates, licensors and service providers, and all of Recruiting Board’s respective owners, shareholders, members, officers, directors, employees, and other agents, and each of their respective successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of the terms of this Agreement or your use of the Site, including, but not limited to, any content you post, submit, publish, display or transmit on the Site, any use of the Site’s content, services and products other than as expressly authorized in the terms of this Agreement, or your use of any information obtained from the Site.

Section 7 Miscellaneous

7.01. Applicable Law. You acknowledge and agree that the State of Mississippi has significant contacts with the creation and performance of this Agreement and that this Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi. Any dispute or claim arising from or related to your use of the Site or Services, including any violation of the terms of this Agreement, whether such disputes are contractual or otherwise, shall be governed and construed under the laws of the State of Mississippi without regard or effect to any conflict of law provision or rule.


7.02. Jurisdiction. You acknowledge and agree that the courts of the State of Mississippi, including the federal courts of Mississippi, shall have personal jurisdiction over all parties to this Agreement. Your further, independently and expressly, waive any right you may have to sue or be sued in any court other than a court in the State of Mississippi and you expressly agree that where possible, all litigation pertaining to this Agreement shall be conducted in the courts of the State of Mississippi, including the federal courts of Mississippi. You further acknowledge and agree that venue shall be proper and located in Madison County, Mississippi.


7.03. Waiver. No action or inaction on the part of Recruiting Board shall be deemed a waiver of any term, condition or requirement set forth in this Agreement, unless Recruiting Board expressly agrees in writing to waive a term, condition or requirement of this Agreement. Any such waiver shall be in writing, shall be expressly made, shall be limited to the user referenced in the writing, and shall be strictly construed to constitute the slightest waiver possible. No such waiver by Recruiting Board shall be deemed to be a waiver of any term, condition or requirement not specifically referenced in the writing; no such waiver shall be deemed a further or continuing waiver of any such term, condition or requirement beyond that set forth in the writing; and no such waiver shall be deemed to apply to any user not specifically identified in the written waiver.


7.04. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable provision there shall be automatically added, as part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.


7.05. Headings. All headings set forth in this Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or of any of the provisions thereof.


7.06. Entire Agreement. This Agreement, together with any additional terms and conditions incorporated herein shall constitute the entire agreement between you and Recruiting Board with respect to the Site, Services, and your use of the Site and/or Services as set forth herein.