Contractual Agreement

This User Agreement (“Agreement”) governs the terms and conditions (“Terms”) under which you may access and use this site, its contents and functionality (“Site”). By checking the “Agree” box and using the site you agree that you have read, understand and intend to be bound by the Terms of this Agreement.

You should read our Privacy Policy, which is incorporated by reference into these Terms. If you do not accept and agree to be bound by these Terms, including our Privacy Policy, do not use the Site. By accessing the Site, you consent to these Terms in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account.

Users under the age of 13 may not access the Site. Users between the ages of 13 and 18 must (a) review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms, and (b) not access the Site if your parent or legal guardian does not agree to these Terms.

Account Creation and Related Duties

To use the Site you will need to register on the Site, pay any applicable fees, and create an account, username and password (collectively, “Access Credentials”). You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account. You are responsible for maintaining the confidentiality of your Access Credentials and for all activities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your Access Credentials. You may not transfer your account (including your Access Credentials) to another person, and you may not use anyone else’s Access Credentials at any time. You may not use any means to circumvent our access, registration, payment systems or security features. You may not continue to use the Site after we have terminated or suspended your access to the Site.

If you are, are employed by, or work in any capacity with or for a college recruiting service or company engaged in the business of providing recruiting advice, products or services, you are prohibited from registering on or using the Site without our express consent. To discuss access to the Site you may contact us through the contact information provided on the public homepage.

Property Rights

We own, solely and exclusively, all rights, title and interest in and to the Site, the technology underlying the Site, all the content, software, code, and data available to you on and in connection with the Site, including profiles, reports, databases, lists and information concerning college beach volleyball programs in the member’s area of the Site, and the look and feel, design and organization of the Site (collectively, “Proprietary Content”). Your use of the Site does not grant to you ownership of any Proprietary Content.

Limited License | Permitted Use

Members may access and view the Proprietary Content in the membership area of the site on their own computer or other internet compatible device and make single copies or prints of the Proprietary Content for your personal, non-commercial use only (“Limited License”). This Limited License will terminate at the earlier of the expiration of the term of your membership or the date on which you cancel your membership. The Site, including any Proprietary Content, is only for your personal, non-commercial use. The Limited License does not grant you any rights of ownership over the Site or its Proprietary Content.

We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice.

Assignment

You may not assign, sublicense or otherwise transfer any right or obligation set forth in this Agreement or by the Limited License without our prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. We may assign any of our rights or obligations under this Agreement to another party without notice or consent for any reason. These terms and conditions in this Agreement are binding upon the parties’ respective successors and permitted assigns.

Intellectual Property

Any trademarks, logos, service marks and trade names (collectively, “Trademarks”;) displayed on the Site or on Proprietary Content may not be used unless authorized by us. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission. Your misuse of the Trademarks displayed on the Site is strictly prohibited.

User Conduct | Certain Prohibitions

You agree that you will not use the Site in any way that is not authorized by the Limited License.

You agree that you will not share your Access Credentials or permit your Access Credentials to be used by another person.

You agree that you will not publicly display Proprietary Content from the Site.

You agree that you will not conduct searches or access, retrieve or compile, including by copying, printing or photographing, any Proprietary Content for or at the request of anyone else regardless of whether such other person(s) have Access Credentials.

You agree that you will not aid, abet or assist anyone in an attempt to gain unauthorized access to the Site or Proprietary Content.

You agree that you will not systematically download, replicate, reproduce or copy all or substantially all of the Site or the Site’s Proprietary Content. You agree that the Limited License authorizes you to access Proprietary Content only to the extent actually and reasonably necessary for your own personal non-commercial use.

You agree that you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape,” harvest, or download data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

You agree that you will not make any commercial use of the Site or its Proprietary Content or access the Site in order to build a similar or competitive website, application or service.

You agree that you will not remove, alter, modify or obliterate any copyright notice on any Proprietary Content.

You agree that you will not attack the Site or cause it to be attacked with any virus or malware.

You agree that any Proprietary Content you access may not be shared with any third-party even after the term of your membership or the date on which you cancel your membership, or the date on which we terminate this Agreement.

Authorized Family Members

Notwithstanding any other provision of this Agreement, a parent or legal guardian and a minor child who is a college prospect under the age of 18 in the same family may share Access Credentials and Proprietary Content between each other.

Monitoring, Enforcement and Penalties

We may, in our sole discretion, analyze the use of your account to determine compliance with this Agreement. If we determine, in our sole discretion, that you have violated this Agreement, we may limit or terminate access to the Site and/or take any other steps as permitted by this Agreement (including terminating your Limited License and all related access to the Site immediately and seeking all other remedies available by applicable law).

If you use, or assist another person in using, this Site to obtain Proprietary Content in any unauthorized way, we reserve the right to limit or terminate access to the Site and/or take any other steps as permitted by this Agreement (including terminating your Limited License and all related access to the Site immediately and seeking all other remedies available by applicable law).

External Links

The Site may provide links to other websites (“External Links”) as a convenience to you. These External Links do not mean that we endorse the linked sites, or any services offered through them. Such Linked Sites are not maintained by us and we do not accept any responsibility for them. As such, we are not and will not be responsible for the content, products, services, policies or activities of those Linked Sites. Any dealings that you have with third parties who may be found on any Linked Sites are between you and them.

Cancellation

Members may cancel their membership at any time. No refunds will be given for any time remaining on the term of a canceled membership. In the event of a cancellation by you or us your obligation to refrain from publicly disclosing or sharing Proprietary Content will survive.

Warranty and Disclaimer

We make reasonable efforts provide a Site that is safe, accurate and useful to you, but we make no warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE AND ACCESS AND/OR RELIANCE ON THE CONTENT IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE CONTENT OR SOFTWARE WILL BE CORRECTED.

Content Changes

You agree that we may add or remove content from the site in our sole discretion and may change the content, design or functionality of the site without notice to or permission from you.

Limitation of Liability

IN NO EVENT SHALL WE, OUR EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY “WE/US AND OUR AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE, OR INABILITY TO USE THE SITE, CONTENT OR SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US AND OUR AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR AN AUTHORIZED REPRESENTATIVE, OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

IN ADDITION, WE WILL NOT BE LIABLE IN RESPECT OF ANY DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE SITE.

Indemnification

You agree to indemnify and hold us harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Site in breach or violation of any term of this Agreement; (2) your violation of any law or regulation; (3) breach of your representations, warranties and agreements as set forth herein.

No Affiliation or Endorsement

We are not affiliated with or endorsed by any college or university whose name appears on the Site.

Governing Law

This Agreement shall be governed by the laws of the State of Florida without regard to conflicts of law principles.

Jurisdiction and Class Action Waiver

The State and Federal courts located within the State of Florida shall have exclusive jurisdiction over disputes arising out of this Agreement. The parties hereby consent to the personal jurisdiction of such courts. This Site is and shall be deemed a passive website and does not confer personal jurisdiction over us in any jurisdiction other than the State of Florida. YOU AGREE THAT YOU WILL BRING CLAIMS, IF ANY, AGAINST US ONLY IN YOUR PERSONAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT.

General

This Agreement constitutes the entire agreement between you and us regarding your use of the Site and supersedes any prior agreements between us and you regarding such matters.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Modifications

The Terms of Use may be modified from time to time without notice. You agree that your continued use of the site after modification of the Terms of Use constitutes your acceptance thereof and agreement to be bound thereby. It is your responsibility to periodically review the Terms of Use throughout the term of your membership.