Terms and Conditions of Use
Effective as of June 6, 2025
Introduction
Welcome to the digital services offered by SportsRecruits and its affiliates and subsidiaries (“SportsRecruits” or “we”). When you visit or use www.sportsrecruits.com, IWLCA.SportsRecruits.com, IWLCARecruits.com, IMLCA.SportsRecruits.com, IMLCARecruits.org, NFHCA.SportsRecruits.com, and NFHCARecruits.com or any other online site, mobile application, service, or product that references these Terms and Conditions of Use (collectively, the “Services”), you are agreeing to be bound by these Terms and Conditions of Use and by our Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree with the Terms and Conditions, you may not use the Services.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND GOVERN HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED INCLUDING A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND MANDATORY ARBITRATION.
This Agreement (Section 22) contains a class action waiver provision that requires the parties to resolve all disputes on an individual basis and limits the remedies available to you in the event of certain disputes relating to the operation or use of the Services. Unless you opt out of arbitration within 30 days of the date you agree to this Agreement, you agree that any dispute that cannot be informally resolved between us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit.
THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS SET FORTH HEREIN.
1. Revisions
SportsRecruits reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of our Services, including without limitation content, hours of availability and equipment needed for access or use. We also reserve the right to change or modify the Terms and Conditions applicable to your use of our Services, or any part thereof, or to impose new conditions, at any time. All such changes will take effect immediately after they have been posted on our Services. If SportsRecruits makes material changes to these Terms and Conditions, SportsRecruits will provide you with notice of such changes, such as by sending an email to the email address associated with your account, posting a notice on the Services or updating the date at the top of this Agreement. Your continued use of the Services after any such changes will confirm your acceptance of the then-current version of this Agreement. If you do not agree with any such changes, you must immediately discontinue your use of the Services. You should review this page from time to time so you are aware of any changes, as they are binding on you.
2. Privacy Policy
All users of the Services must review our Privacy Policy prior to use. By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy.
3. Intended Audience
OUR SERVICES ARE NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE. SportsRecruits understands that protecting the privacy of young children is important. For that reason, children under the age of 13 may not use the Services. If you use the Services, you affirm that you are at least 13 years old.
4. Registration
You may be asked to register on or through our Services to participate in or receive various services offered by SportsRecruits. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our Services. While your use of our Services is subject to the Terms and Conditions, other services offered by SportsRecruits may be subject to additional terms and conditions.
When you register, you will select a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you. You may not share your username and password with or authorize others to use your username and password. You agree to immediately notify SportsRecruits of any unauthorized use of your username and password. You further agree not to adopt an inappropriate username of any kind.
When you register, and in order to access some services and/or features on or through our Services, such as when you request to contact us or when you subscribe to an email newsletter, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by SportsRecruits or third parties during any visit to our Services will be subject to the terms of our Privacy Policy.
By registering on our Services, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.
5. Your Use of Our Services
You agree that you will not:
- Use SportsRecruits’ Services in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity.
- Use our Services to violate any applicable law.
- Use our Services or any information obtained from our Services (including another user’s User Materials) for any purpose other than your personal and non-commercial use related to any of the services offered by us or our affiliates – companies that control, are controlled by, or are under common control with SportsRecruits.
- Sell or transfer any information obtained from our Services (including another user’s User Materials) to a third party.
- Obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Service, including using any robot, spider, data miner, AI technology or service, or other automated or semi-automated means to extract or gather data from the Services for any purpose, including, without limitation, training a large language model or similar system.
- Penetrate or attempt to penetrate the security measures protecting our Services, including without limitation by hacking, password “mining” or any other illegitimate means.
- Probe, scan or test the vulnerability or security of our Services.
- Frame or utilize framing techniques to enclose any portion of our Services.
- Intentionally disrupt the operation or functionality of our Services.
- Fail to act in the best interest of student-athletes when, if you are club or high school staff with administrative access tools that provide them access to athlete accounts, using those tools. This includes but is not limited to respecting the privacy of student-athlete information and using the tools to promote the best interests of the student-athlete, their athletic development, and their recruiting process.
- Fail to facilitate a seamless transition when, if acting as a club and high school staff, removing athletes from their organization, so that the athletes retain access to their account and all of their information without interruption.
- Interfere with or delete any data or content on the athlete's account without the athlete’s or the athlete’s parent’s explicit consent, if accessing an account as a member of a club or high school staff, except in cases where it is required by law or necessary to protect the security and integrity of the SportsRecruits platform.
You further agree that you will not use our Services to:
- Impersonate another person, whether actual or fictitious, including without limitation impersonating any SportsRecruits employees or consultants.
- Post, disseminate, submit, transmit, host, share and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
- Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam” or bulk communications of any kind.
- Post, disseminate, submit, transmit, host, share and/or publish advertisements or solicitations of business.
- Post, disseminate, submit, transmit, host, share and/or publish material that is protected by copyright, trade secret, patent, trademark and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent and release with respect to such material as provided in the Terms and Conditions.
6. Code of Conduct
As a student-athlete, parent or coach, you understand that SportsRecruits’ ability to assist you in the collegiate recruiting process could be jeopardized by conduct unbecoming of a future collegiate athlete, parent or coach, including conduct that is harassing, racist, criminal, or otherwise inappropriate, in whatever forum it occurs. You also understand and agree that any such conduct could negatively reflect on both you and SportsRecruits, as well as any colleges and universities SportsRecruits has relationships with. As such, you understand that SportsRecruits may suspend performance or terminate services in whole or in part in SportsRecruits’ sole discretion, without further liability or obligation to you, should SportsRecruits determine that the student-athlete, parent or coach has:
(a) posted racist, harassing (sexually or otherwise), sexually explicit, or derogatory statements or images on social media (including, without limitation, Facebook, Twitter, Instagram, Snapchat), on any other publicly available medium, or the student-athlete, parent or coach engages in any such conduct with any SportsRecruits employee;
(b) been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on SportsRecruits or a college or university;
(c) engaged in any other behavior that is unbecoming of a student-athlete or that would reflect negatively on SportsRecruits or a college or university, such determination to be in SportsRecruits’ sole discretion.
7. Electronic Communications
By creating an account with the Services, you consent to receive electronic communications from SportsRecruits and its service providers (e.g., SMS or text messaging, telephone, via email, or by posting notices on our Services). These communications may include notices about your account (e.g., authentication, payment authorizations, password changes and other transactional information) or legal notices and are part of your relationship with us. When permitted by applicable law, we may also send you promotional communications via email, including newsletters, special offers, surveys and other information we think may be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such emails. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
SportsRecruits has no obligation to monitor the communication services provided in connection with the Services. SportsRecruits, however, reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. SportsRecruits reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
SportsRecruits 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 SportsRecruits’ sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. SportsRecruits does not control or endorse the content, messages or information found in any communication service and, therefore, SportsRecruits specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Coaches and other users of the Services are not authorized SportsRecruits’ spokespersons, and their views do not necessarily reflect those of SportsRecruits.
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 download the materials.
SportsRecruits may use AI-powered chatbots and similar features on some of the Services to provide helpful information. By using this service, you are interacting with an AI platform, not a live person. Please do not input any personal or sensitive information unless you’re directly interacting with a customer support representative. All information you submit is subject to our Privacy Policy and processed by our vendor that supports the AI chat feature. Chat transcripts may be kept for future reference. Use of such chatbots and similar features is for general information only; please understand that information, decisions, advice, or materials provided by or retrieved from the bot have not been reviewed for content or accuracy. These features may have limitations and inaccuracies and thus may not be appropriate for your situation. Note that some technologies used on our website, including AI-powered chatbots, allow us and our vendors to monitor and analyze how visitors use our website to better understand user behavior and improve our Services.
SportsRecruits Mobile Messaging
You have the option of adding one or more phone numbers to your SportsRecruits profile. If you opt-in to receive text messages on your account, you are consenting to receive transactional and promotional messages. Text messages may be transmitted automatically. We may use our service providers, including an automated telephone dialing system, to send these calls or messages from us to you. Consent to receive text messages from SportsRecruits is not required as a condition of purchasing any goods or services. If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not receive the message or messages may be delayed. Wireless carriers are not liable for delayed or undelivered messages. Message frequency varies by account and preferences. Message and Data Rates may apply, and You are solely responsible for any such rates, fees, charges, and taxes associated with receiving text messages from us.
You have the ability to manage and customize your SMS notification preferences, including opting in or out of receiving specific types of notifications, through the "My Family" page within your SportsRecruits account. You can access this page by logging into your account and navigating to the "My Family" section under your profile settings.
You can reply STOP at any time to discontinue the receipt of text messages. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. To restore SportsRecruits text messages on your mobile phone, please contact us at help@sportsrecruits.com. All SportsRecruits text messages are subject to the terms of our Privacy Policy.
SportsRecruits Messaging System
The SportsRecruits Messaging System may not be used to perform any of the following prohibited activities:
- Activity that is illegal under applicable laws;
- Any activity that exploits, harms, or threatens to harm children;
- Sending Spam or using your account to help others send Spam.
- Publicly displaying inappropriate message (e.g. nudity or pornography).
- Activity that is false or misleading (e.g. impersonating someone else).
- Activity that is harmful to SportsRecruits or the SportsRecruits Email Address of any other student-athlete (e.g. viruses, stalking, hate speech, advocating violence against others).
- Activity that infringes upon the rights of others (e.g. unauthorized sharing of copyrighted photos, music or videos).
- Activity that violates the privacy of others.
8. Your Submission to Our Services
Our Services may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services.
By using our Services and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to SportsRecruits 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, “SportsRecruits Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable 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 publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the SportsRecruits Parties to use and share with third parties the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the SportsRecruits Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the SportsRecruits 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 Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
You acknowledge that SportsRecruits reserves the right to display advertisements in connection with such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You consent to the sharing of your User Materials with third parties in accordance with these Terms and Conditions. You further acknowledge that SportsRecruits has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our Services, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions. However, we may not monitor or control the User Materials posted to the Services.
In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Materials and licensed to us as set forth above. In addition, SportsRecruits retains any and all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. SportsRecruits’ receipt of your Unsolicited Ideas and Materials is not an admission by SportsRecruits of their novelty, priority, or originality, and it does not impair SportsRecruits’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
If you have any comments or questions regarding content or materials on our Services, please contact SportsRecruits using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our Services violate your copyright, please contact us as provided in the following section of the Terms and Conditions.
9. Cancellation
Recruiting Guidance Packages
The cardholder is required to pay out the contract in full. Whether the package is paid on an upfront or monthly installment basis, there is no opt out. The cardholder assumes the risk of any changes in the student-athlete’s recruiting process including but not limited to: loss of interest in pursuing college sports, a change of team/organization, lack of interest from targeted schools, and a verbal or official commitment to a college. The student-athlete’s SportsRecruits, IMLCARecruits or NFHCARecruits profile may be removed from the SportsRecruits, IMLCARecruits or NFHCARecruits platform at any time upon request, but this will have no effect on the requirement to complete any future payments.
IWLCARecruits Pro - Annual Subscription: Annual subscriptions automatically renew every year and can be canceled on the IWLCARecruits website or can be canceled by contacting help@sportsrecruits.com. SportsRecruits, IWLCA.SportsRecruits, and IWLCARecruits are not responsible for and will not refund subscriptions that automatically renew.
IMLCARecruits Pro - Annual Subscription
Annual subscriptions automatically renew every year and can be canceled on the IMLCARecruits website or can be canceled by contacting help@sportsrecruits.com. SportsRecruits, IMLCA.SportsRecruits, and IMLCARecruits are not responsible for and will not refund subscriptions that automatically renew.
NFHCARecruits Pro - Annual Subscription
Annual subscriptions automatically renew every year and can be canceled on the NFHCARecruits website or can be canceled by contacting help@sportsrecruits.com. SportsRecruits, NFHCA.SportsRecruits, and NFHCARecruits are not responsible for and will not refund subscriptions that automatically renew.
SportsRecruits Pro - Monthly Subscription
Monthly subscriptions automatically renew every 30 days and can be canceled on the website or can be canceled by contacting help@sportsrecruits.com. SportsRecruits is not responsible for and will not refund subscriptions that automatically renew.
SportsRecruits Pro - Annual Subscription
Annual subscriptions automatically renew every year and can be canceled on the website or can be canceled by contacting help@sportsrecruits.com. SportsRecruits is not responsible for and will not refund subscriptions that automatically renew.
Refunds
All SportsRecruits, IWLCARecruits, IMLCARecruits, and NFHCARecruits subscriptions, packages, products, and services are non-refundable.
10. Events
All distribution of event video without consent constitutes theft of intellectual property rights. If an individual intends to distribute event film amongst a team, a team film order or club integration must be purchased. Please be aware that all videos are watermarked for tracking purposes.
Team film purchases grant film access to all rostered players and team coaches only for the associated event team.
Cancellations and Refunds
The following applies only to those events for which individual film packages are sold separately. These policies do not apply to events participating in IWLCARecruits or IMLCARecruits. Orders may be canceled and fully refunded for any reason up until 1:00 PM EST the day prior to the start of the event. After the event, refunds will not be issued due to an inability to attend the event, lack of playing time, or weather delays/cancellations. If an athlete is injured, a full refund will be issued upon providing a doctor’s note. If your game schedule is changed, we will do our best to accommodate those schedules changes. If we do not film your games due to scheduling errors or changes, a refund will be issued for the cost of each game that was missed.
11. Film Access for IWLCARecruits and IMLCARecruits
After film is made available from a participating event, it will be distributed to IWLCARecruits and IMLCARecruits users with Pro accounts and will be accessible from the video library section of their profile.
Film provided to a user through a Pro account can be: (i) published directly to the user profile; (ii) used to create clips in the Highlight Reel Creator; and (iii) used to create clips in the professional highlight built by the SportsRecruits post-production team.
Film enabled through IWLCARecruits and IMLCARecruits Pro are not available for direct download. If a Pro subscription is canceled, any film from the library will no longer be visible on the user’s profile or in the highlight reels created with the Highlight Reel Creator.
Film vendors will make every effort to ensure reasonable event film coverage and quality. In the event of missed games or quality issues, refunds for subscriptions will not be provided.
The list of participating events is subject to change without notice.
12. Highlight Reels
Redemption
Highlight reel credits may be redeemed directly through the Websites or by contacting the SportsRecruits team.
Refunds
Highlight reel credits purchased outside of a membership can only be refunded within 30 days of purchase. Redeemed credits are non-refundable.
Highlight reel credits added as part of a membership are subject to the refund conditions established by the membership.
13. Copyright Infringement and The Digital Millenium Copyright Act
SportsRecruits respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our Services, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”).
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When SportsRecruits receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, SportsRecruits will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, SportsRecruits generally restores the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity.
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our Services, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit SportsRecruits to locate the material; (iv) information reasonably sufficient to permit SportsRecruits to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
SportsRecruits’ designated agent to receive notifications of claimed copyright infringement under the DMCA is:
SportsRecruits
Attn: Chief Legal Officer
5725 Bolletieri Blvd, Bradenton, FL 34210
Email: help@sportsrecruits.com
For the purposes of clarification, only notices pursuant to the DMCA should be directed to SportsRecruits’ DMCA agent. All other questions or concerns about our Services or the Terms and Conditions should be directed to SportsRecruits as set forth at the end of the Terms and Conditions.
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to SportsRecruits’ DMCA agent with the following information (please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the User Materials that have been removed or to which access has been disabled and the location(s) at which the User Materials appeared before such User Materials were removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that such User Materials were removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, telephone number and, if available, email address; and, (v) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, to the jurisdiction of the Federal District Court for the Middle District of Florida, and that you will accept service of process from the party that provided notification to SportsRecruits of the alleged infringement.
If SportsRecruits’ DMCA agent receives a valid counter notification pursuant to the DMCA, we may send a copy of such counter notification to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless SportsRecruits’ DMCA agent receives further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials not less than ten (10), nor more than fourteen (14), business days after receipt of the valid counter notification.
14. Intellectual Property
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our website, and the software comprising and/or embodying the foregoing (collectively, the “SportsRecruits Athletic Recruiting Content”), are owned, controlled or licensed by or to SportsRecruits, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights in the SportsRecruits Athletic Recruiting Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website or the SportsRecruits Athletic Recruiting Content except as follows: (i) you may download the SportsRecruits Athletic Recruiting Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our website and the associated SportsRecruits Athletic Recruiting Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of SportsRecruits.
15. Termination of Your Right to Use Our Services
SportsRecruits reserves the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, SportsRecruits reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
16. Products and Services Offered by SportsRecruits
SportsRecruits may offer products and services on or through our Services. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our Services, the Terms and Conditions also will apply.
17. Links to Other Websites
Our website may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by SportsRecruits of the content, product or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that SportsRecruits has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.
18. Third Party Advertising On Our Services
Unless otherwise explicitly stated, SportsRecruits does not endorse or guarantee any third party products or services advertised on our Services or any third parties sponsoring parts of our Services. Your dealings with advertisers or other third parties found on or through our Services are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that SportsRecruits will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Services.
19. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER AND THEREFORE SPORTSRECRUITS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
SPORTSRECRUITS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SERVICES, THE FUNCTIONALITY OF THE SERVICES, OR THE AVAILABILITY OF THE SERVICES. SPORTSRECRUITS CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTSRECRUITS, OR FROM OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. SPORTSRECRUITS MAKES NO SUCH WARRANTY. SPORTSRECRUITS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. SPORTSRECRUITS DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SPORTSRECRUITS EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. SPORTSRECRUITS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL SPORTSRECRUITS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY USER MATERIALS POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. SPORTSRECRUITS TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR WEBSITES PROVIDED BY ITS ADVERTISERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, you release SportsRecruits from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Services or any User Materials that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”).
If you are a California resident, you hereby waive any rights you may have arising out of these terms under California Civil Code section 1542, which says “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You also waive any rights you may have with respect to third party disputes under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
20. Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SPORTSRECRUITS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. SPORTSRECRUITS IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES.
SPORTSRECRUITS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL SPORTSRECRUITS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING 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 IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT SPORTSRECRUITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL SPORTSRECRUITS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
21. Applicable Law; Jurisdiction and Venue
The Terms and Conditions shall be governed by and construed under the law of the State of Florida, without regard to conflicts of laws rules. You agree that the courts of Florida shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Manatee County, FL.
22. Dispute Resolution; Informal Resolution; Class Waiver; Binding Arbitration; Mass Arbitration; Termination of Rights; 30 Day Opt-Out Right
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. YOU UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Informal Dispute Resolution
Prior to initiating any formal legal action, you must first provide SportsRecruits with written notice of your dispute by email at help@sportsrecruits.com. The notice of dispute must contain enough information for us to identify all relationship(s) that you have with SportsRecruits and to attempt to resolve your claim, including (a) your name; (b) the email address(es) that you used when using the Services; (c) your mobile telephone number; (d) your residential address; (e) an explanation of the facts of the dispute as you understand them and supporting information; and (f) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. During the 60 days following the date your notice of dispute is received by SportsRecruits, you and we agree to engage in good faith efforts to resolve the Dispute informally and you will not initiate any legal action during this period. You and we agree to toll any statutes of limitations that may apply, along with any filing deadlines during this 60-day time period. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph.
Class Waiver
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND SPORTSRECRUITS AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND SPORTSRECRUITS AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A COLLECTIVE ACTION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
If there is a final determination that applicable law precludes enforcement of the Class Waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Agreement to Binding Individual Arbitration
In the unlikely event that an agreed upon solution is not reached within sixty (60) days from the date your notice of dispute is received (and the parties do not agree to extend the period), you and we agree that any disagreement between you and SportsRecruits regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (collectively, “Dispute”) will be resolved entirely through binding individual arbitration in Manatee County, Florida or the location of the registered user, or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. This Agreement also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of SportsRecruits, or third party if SportsRecruits could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and we agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.
Except in the event of a Mass Arbitration (as defined below), You and SportsRecruits agree to meet and confer to select a neutral arbitrator. If we are unable to agree on an arbitrator or arbitration firm, you and SportsRecruits agree that the Dispute shall be submitted to binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by these Terms, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.
WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You and SportsRecruits agree that the terms of this Agreement affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. You and SportsRecruits agree that for any arbitration you initiate, you will pay the filing fee and SportsRecruits will pay the remaining arbitration provider’s fees and costs. For any arbitration initiated by SportsRecruits, SportsRecruits will pay all of the arbitration provider’s fees and costs. You and SportsRecruits agree that the state or federal courts of the State of Florida and the United States sitting in Manatee County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Notwithstanding the forgoing, this Agreement shall not require arbitration of the following Disputes (i) qualifying individual Disputes in small claims court in the county of your or SportsRecruits’ billing address. and/or (ii) injunctive or other equitable relief in a court of competent jurisdiction in Florida for the alleged unlawful use of intellectual property.
Mass Arbitrations
In the event twenty-five (25) same or more similar Disputes sharing common issues of fact or law are asserted against SportsRecruits at or around the same time by the same or coordinated counsel or are otherwise consistent or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that the JAMS Mass Arbitration Procedures and Guidelines shall apply.
Further, if your Dispute is part of a Mass Arbitration, you agree that SportsRecruits, in its sole discretion, may elect to opt your Disputes out of arbitration and require the Dispute to proceed in a court of competent jurisdiction in Manatee County, Florida consistent with the remainder of this Agreement, including the class and collective action waiver.
Termination of Rights
ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SPORTSRECRUITS WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
30 Day Opt-Out Right
You have the right to opt out and not be bound by the binding arbitration by sending an email to help@sportsrecruits.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21 of this Agreement (Applicable Law; Jurisdiction and Venue). The opt-out notice must be sent within 30 days from the date you first accepted the terms of this Section.
23. Liability for Technical Disruptions to Our Services
If you cause a technical disruption of our Services or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses SportsRecruits may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
24. Indemnification
You agree to compensate, indemnify, defend, and hold harmless SportsRecruits, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of the Terms and Conditions.
25. Severance
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
26. No Waiver
The failure of SportsRecruits to enforce any provisions of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.
27. How to Contact Us
Should you have questions or concerns about the Terms and Conditions, please contact us at help@sportsrecruits.com.