Effective as of May 20, 2018.
By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you shall not use or access this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The terms "us" or "we" or "our" refer to Smarthlete (“Smarthlete”), the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as "Registered User".
A "Registered User" is an individual that has registered with a Smarthlete Profile to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Registered Users.
A "User" is a collective identifier that refers to either a Visitor or a Registered User.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Our services on Smarthlete are intended for use by individuals older than 13 years of age. Protecting the privacy of children is important to us. There is no need for the recruiting process to start earlier than Grade 9 in high school (high school freshman year) and children below that age may therefore not use Smarthlete as Registered User. If you use Smarthlete as such a Registered User, you confirm that you are at least 13 years of age.
Permission is granted to temporarily download one copy of the materials (information or software) on Smarthlete's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Smarthlete Website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Smarthlete at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Smarthlete without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Smarthlete's name or trademarks without the express written consent of Smarthlete. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Smarthlete, in other way that is likely to trigger confusion among consumers, that disparages or challenges Smarthlete or its licensors, that dilutes the strength of Smarthlete's or its licensor's residential property, or that otherwise infringes Smarthlete's or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other Website or in a networked computer system environment for any purpose is prohibited. Any code that Smarthlete develops to generate or show any Material of the pages making up the Website is likewise secured by Smarthlete's copyright, and you may not copy or adjust such code.
Smarthlete has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, Smarthlete could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Smarthlete has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you visit the Website or communicate with us (e.g. email). You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the Website might result in the immediate termination of your account. Smarthlete additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.
Smarthlete does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Registered User is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Smarthlete books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Smarthlete suggests otherwise, you grant Smarthlete a nonexclusive, royalty-free, permanent, irrevocable, and completely sub licensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Smarthlete and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not trigger injury to anyone or entity; which you will indemnify Smarthlete for all claims resulting from Content you supply. Smarthlete has the right but not the commitment to edit and keep track of or eliminate any task or Material. Smarthlete takes no duty and assumes no liability for any content published by you or any 3rd party.
Your submission to our site
Our site may allow you to post, submit, share and/or publish materials and information including videos, photographs, biographical information and other materials (collectively "User Materials"). You are solely responsible for your user material and the consequences of posting, submitting, sharing and/or publishing such user material on and/or to our Website. You agree not to post, submit, share and/or publish material that is protected by patents, trademarks copyright and proprietary rights.
By using our site and posting, submitting, sharing and/or publishing such user material on and/or to our Website you warrant that you own the entire right, title and interest in and to such user materials.
You hereby grant Smarthlete and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively "Smarthlete Parities"), a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable and sub licensable right and license to use, share, reproduce, distribute, prepare derivative works of publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index crawl, create algorithms based on, modify and/or transcode such user materials in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the internet, in publication and advertisements, at scouting/recruiting events and in kits distributed to media. You further hereby irrevocably consent and allow the Smarthlete parties to use and share the name, voice, biographical information, appearance, features, characteristics, personas, forms and/or images of, as well as any statement made by the individual in such user material. You also hereby irrevocably waive against the Smarthlete parties all moral rights and rights of restraint in such user material.
You hereby fully release, forever discharge, hold harmless and agree to defend and indemnify the Smarthlete parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you or any third party shall or may have arising out of or in connection with the use of such user material.
You acknowledge that Smarthlete reserves the right to use such user material for marketing, promotional and advertising purposes. Additionally, Smarthlete has the right to pre-screen pre-approve, refuse and or remove from our site, without prior notice, any user material.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
All texts, graphics, photographs, videos, user interfaces, trademarks, logos, sounds and music contained on or comprising our site, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our site, and the software comprising and/or embodying the foregoing (collectively the "Smarthlete Content), are owned, controlled or licensed by or to Smarthlete. They are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws.
Revisions and Errata
The materials appearing on Smarthlete's Website could include technical, typographical, or photographic errors. Smarthlete does not warrant that any of the materials on its Website are accurate, complete, or current. Smarthlete may make changes to the materials contained on its Website at any time without prior notice. Smarthlete does not, however, make any commitment to update the materials.
Smarthlete makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Smarthlete does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Smarthlete nor the Website has control over the quality or fitness for a particular function of a product. Smarthlete likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SMARTHLETE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMARTHLETE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTHLETE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. SMARTHLETE DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM SMARTHLETE ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. SMARTHLETE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL SMARTHLETE 'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
You agree that your use of the site will not violate any local, national or international law. All of the information you have provided on Smarthlete is completely accurate and truthful. You have not and will not access unrightful information. You also will not access other users' passwords, usernames etc. By registering for a college coach's account, you must be a NCAA Division I, II, or II, NAIA, or NJCAA head coach, assistant coach and/or official collegiate recruiter. By registering as an athlete you must in fact be an athlete (or the parent of the athlete) who is currently in high school or a college student who is looking to transfer to another university. By registering untruthfully as an athlete (parent of the athlete) or college coach, you can and will be held liable for your actions and the consequences. This is considered unrightful access to information and Smarthlete reserves the right to pursue further action.
You have not and will not solicit other Smarthlete users and/or members. Soliciting registered users of Smarthlete, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of Smarthlete.
Limitation on Liability
Your use of the site is at your sole risk. Smarthlete is not responsible for any problems or technical malfunctions. Smarthlete is not responsible for any injury or damage to any devices belonging to any user or any other person related to or resulting from the use of the site, including viewing, playing or downloading any user material on or from the site.
Smarthlete assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation, communication line failure, theft, destruction or unauthorized access to, or alteration of, user or user communication. Under no circumstances will Smarthlete and its parties be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including and without limitation loss of profits, revenue, goodwill, use data or other intangible losses) whether based in contract, tort, strict liability or otherwise, arising out of, or inability to use the site.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Smarthlete has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Any claim relating to Smarthlete's Website shall be governed by the laws of Austria (the European Union) without regard to its conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe Smarthlete, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material you offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Smarthlete will provide notice to you promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Austria and shall be governed by and construed in accordance with the laws of Austria without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Smarthlete under our Legal Terms shall survive the termination of our Legal Terms.