TERMS AND CONDITIONS
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
1. General Terms and Conditions
Welcome to www.PlayingTheRecruitingGame.com, (Hereinafter referred to as the Site). This Site is operated by Playing The Recruiting Game™, LLC.,/ Site and the content on the Site is owned by Playing The Recruiting Game™, LLC. or its affiliated companies, if any. Please read these terms and conditions, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to this Site. These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.
By using this Site you agree that you have read, understand and accept the following terms and conditions (“Terms and Conditions”) and that, and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. Site and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Site may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, or the, please do not use the Site.
You agree that your use of this Site will not violate any local, national or international law. All of the information you have provided the Site, and Playing The Recruiting Game™, LLC. is completely accurate and truthful. You have not and will not access illegal information, and you have not and will not access other user’s passwords, usernames, etc.
By registering for a college coach’s account, you must be a NCAA Division I, II, III or NAIA or Junior College or other college athletic association head coach, assistant coach and/or official collegiate recruiter established by the rules set forth by the NCAA, NAIA or Junior College.
By registering for a high school or club coach’s account, you must be currently employed or have been previously employed or be actively involved (actively coaching) by a high school or club organization in the sport for which you are registering.
By registering as a student athlete, you must in fact be a high school athlete or college student who is looking to transfer to another university as a NCAA, NAIA or Junior College athlete.
By registering untruthfully as a student athlete, college coach, high school coach or club coach you can and will be held liable for your actions and the consequences of your actions. This is considered unauthorized and illegal access to confidential information and the Site and Playing The Recruiting Game™, LLC. reserves the right to pursue further action to its fullest extent.
Either by registration or not, you have not and will not access any files reserved solely for the Site administrators and Playing The Recruiting Game™, LLC. You have not and will not access those confidential files reserved solely for the Site administrators and Playing The Recruiting Game™, LLC.
You agree that you have not and will not solicit the Site users and/or members. Soliciting registered users of the Site, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of the Site.
You have not and will not use any of the Site material (logos, graphics, art works, text, articles, database, internet coding, etc) without prior written consent from the Site, and the translated documents provided by the Site are for your personal and non-commercial use. You may not modify, display, reproduce, copy, distribute, transmit, publish, license, create derivative works from, transfer or sell any information or services obtained from the Site without the express permission of the Site.
The Site is not responsible for the actions of those users (both coaches and athletes) who do not abide by NCAA, NAIA regulations. The Site is in no way affiliated with the NCAA or NAIA. All users are responsible for their own actions. All users are responsible for knowing the NCAA’s and the NAIA’s rules, regulations, and laws. All users are responsible for abiding by the NCAA’s, NAIA’s rules, regulations and laws. Neither The Site or Playing The Recruiting Game™, LLC. is responsible for coaches and/or athletes who violate NCAA ,NAIA or any specific sport governing body rules and regulations. Violators will be immediately subject to account termination. The Site does not promote any violations of NCAA or NAIA or any specific sport governing body rules or regulations.
Only active/employed collegiate athletic coaches are permitted to register for the Site’s college coach accounts.
Members – both coaches, student athletes and active collegiate recruiters – agree to only post accurate, truthful information in their Site accounts. The Site is not responsible for any misrepresentation by either an athlete, his or her family, or a coach, collegiate recruiter or school.
Anyone is eligible to join our affiliate program once approved by the Site. An Affiliate can only use their affiliate link either in email or as an image/text link unless otherwise approved by a member of the Site affiliate staff. After someone has used your affiliate link to visit our site, you have 30 days for that person to sign up in order to earn a referral fee. The following paragraphs outline provisions for the misuse of an Affiliate’s link. Registering as a Site Affiliate signifies your acceptance of the terms below.
If an Affiliate utilizes email to identify and/or target potential consumers, the Affiliate acknowledges that they have read, understand and will comply with all provisions of the Federal CAN SPAM legislation enacted on January 1, 2004, and any updates, changes and/or modifications to this Act (Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003). You may view this by visiting:http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business which was ratified on December 16, 2003. Any Affiliate who does not comply with this Act or is otherwise found to be distributing their affiliate link in an inappropriate manner will have their account terminated immediately, forfeiting all affiliate referral fees.
Furthermore, any Affiliate in violation of this act will defend, indemnify and hold harmless the Playing The Recruiting Game™, LLC./ Site and its officers, directors, employees, agents and affiliates against any third party claim or penalty, to the extent arising out of or in connection with its emailing practices. The affiliate shall pay any award against Playing The Recruiting Game™, LLC/ Site and/or its affiliates and any costs and/or attorneys’ fees reasonably incurred by Playing The Playing The Recruiting Game™, LLC/ Site resulting from any such claim as a result of the Affiliate’s non-compliance with the aforementioned legislation.
Affiliates are not prohibited from bidding on keywords in any search engine that apply to the Site trademark Playing The Recruiting Game™ or represent any misspellings or permutation of our brand name — including, but not limited to: the Site.
Affiliates either breaching the Site Terms or Use or behaving in a manner considered wrongful (both determined by the Site will be warned. The Site holds the right to withhold any and all commissions associated with such affiliates. In any dispute, Florida law applies.
Should affiliates have any questions regarding behavior or use of their affiliate link, please consult the Site first.
2. The Website is Available “AS-IS”
Your access to and use of the Website or any Content are at your own risk. You understand and agree that the Website are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Playing The Recruiting Game™, LLC DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Playing The Recruiting Game™, LLC./ Site makes no warranties and disclaims and all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability any of the Website or any of the Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website; and (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Playing The Recruiting Game™, LLC or through the Website, will create any warranty not expressly made herein.
3. Photograph and Multi-Media Release
You knowingly, permanently and irrevocably grant permission to Playing The Recruiting Game™, LLC/ Site to use photographs or images taken by you or placed upon the site by you in any manner whatsoever on the Playing The Recruiting Game™ web site or in any other forum. You agree to waive and release any and all claims against the Playing The Recruiting Game™, LLC/ Site and its contractors, employees, agents, officers, directors, attorneys, accountants, shareholders and licensees relating to any image covered by this provision and their uses and/or distribution in any version or media throughout the universe, including without limitation, any rights and claims relating to royalties or compensation, editing, alteration, copyright, distribution, misappropriation, libel, false light, rights of privacy and/or publicity.
In addition, you grant permission to Playing The Recruiting Game™, LLC. /Site and its agents or employees, to tape, video and/or photograph and copy any image on the website including photographs, quotes, paraphrases, sounds, and any performance or participation in any event, sport or competition. You understand and agree that there will be no residual or any other type of payment, royalty or fee due in connection with such tapes, videos, podcasts, photographs and recordings. For purposes of clarity, you permanently, irrevocably and expressly waive any and all moral rights in connection the use of such material. You agree that Playing The Recruiting Game™, LLC/ Site shall be the exclusive owner of all copyright and other rights in and to such taping, videos, photography and recording and will be able to use them forever and throughout the universe, and to license others to use them, in any manner and in any and all media now known or hereafter discovered or developed along with any incidental uses in connection with the merchandising and promotion of the Site. You agree that the Site may license others to use the tapes, videos, podcasts, photographs and recordings or any excerpts thereof, including your name, image, voice, likeness and any related or derivative versions of this content (including translation, foreign rights, serialization, syndication, photocopying, abridgement, adaptation, reprint, dramatization, and electronic recording and reproduction of any sort) in all media throughout the universe for any purpose.
You hereby agree to release, defend, and hold harmless the Site on behalf Playing The Recruiting Game™ LLC., on behalf of Playing The Recruiting Game™, LLC., and its agents, officers, directors, attorneys, accountants, affiliates or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to libel, false light, invasion of privacy, rights of publicity, any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
You certify that you are 18 years of age or older and are competent to contract in my own name. I have read this release before providing any photographs or other images, and I fully understand the contents, meaning and impact of this release.
YOU CERTIFY THAT YOU UNDERSTAND THAT ANY PHOTOGRAPH OR OTHER IMAGE PLACED BY YOU IN The WEB SITE MAY BE VIEWED INSTANTLY AROUND THE WORLD BY THIRD PARTIES. SUCH PARTIES MAY VIEW CONTENT FOR ILLEGAL OR IMMORAL PURPOSES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT Playing The Recruiting Game™, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, ACCOUNTANTS AND AGENTS, CANNOT AND WILL NOT BE LIABLE FOR THE ACTIONS OF ANY THIRD PARTY NOT UNDER ITS CONTROL
The Site may contain links to third-party websites or resources. You acknowledge and agree that Playing The Recruiting Game™, LLC./ Site is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or website on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Playing The Recruiting Game™, LLC./The Site of such websites or resources or the content, products, or website available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
All responsibility or liability for any damages caused by viruses contained within this internet site or in the channels of delivery are disclaimed.
5. United States Site and Pricing
Playing The Recruiting Game™, LLC. / Site administers this Site from Broward County, Florida, United States of America. This Site is only intended for viewing in the United States, Canada and United States Territories, Possessions, Military Bases, United States Consulates and Embassies. All materials and information contained on this Site apply to the United States market except as provided above. Playing The Recruiting Game™, LLC. makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all laws, restrictions and regulations of your government in connection with your use of the Site.
All pricing is in U.S. dollars and products/services are offered for sale in the U.S. only, except as provided above. This Site in no way constitutes an offer to buy or sell any product or service. All information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Any calculation of any price is for your reference only, is an estimate, and may not be completely accurate.
6. Third Party Information
7. Content on the Website
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Playing The Recruiting Game™, LLC./ Site may not monitor or control the Content posted via the Website and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Website or obtained by you through the Website is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Playing The Recruiting Game™, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere
8. Registration and Account Security
The Site users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal information for your own commercial gain (such as selling it to any third party).
- You will not use the Site if you are under 18.
- You will not use the Sited if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
9. NUMBER AND USE OF ACCOUNTS.
A. Each individual user may set up one and only one account for their benefit. There may be more than one account per household. While there may be multiple accounts in a household, promotional items awarded in an account may not be transferred into affiliated accounts (accounts in the same household) by any means whatsoever.
B. If there is determined to be a pattern of behavior (in the sole discretion of Playing The Recruiting Game™, LLC./ Site that may suggest that a user might be “trading” fraudulently with no intent to deliver promised goods or services,Playing The Recruiting Game™, LLC./ Site reserves the right to charge the user(s) for such undelivered goods / services, in an amount that a similar good or service costs in a retail outlet (in the sole discretion of Playing The Recruiting Game™, LLC/ Site).
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. The Site cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We do our best to keep the Site safe, but we cannot guarantee it. We need your help to keep the Site safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on the Site.
- You will not collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
- You will follow our Promotions Guidelines, if any, and all applicable laws if you publicize or offer or participate in any contest, giveaway, or sweepstakes.
- You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other the Site functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
- In this Agreement the following terms have the following meanings unless the context requires otherwise:
- “Agreement” means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in the manner set forth herein;
- “We, Us, Our” means Playing The Recruiting Game™; and
- “You, Your, Yourself” means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
- ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that you are at least 18 years old. By using the Service, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
- YOUR USE OF THE SERVICE: As a Member, You agree that:
- (1) You will use the website in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL’s or email addresses, other than in response to our prompts in the personal or general information sections of the Websites. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or website through the Service. You will not transmit any chain letters or junk email to other members. To protect our members against such conduct, depending on the Website you subscribe to, we currently limit the number of messages that any subscriber may send in a day. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other members.
- You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. We reserve the right, but we have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse service to anyone, at our sole discretion.
12. Limited Licenses
Playing The Recruiting Game™ LLC., All rights reserved. This Site, including all materials, is or may be protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Playing The Recruiting Game™, LLC., its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Playing The Recruiting Game™, LLC. does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these terms and conditions, Playing The Recruiting Game™, LLC., grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Playing The Recruiting Game™, LLC’s claims of ownership or validity of its rights in the materials on this Site.
Playing The Recruiting Game™, LLC., authorizes you to view and download the materials at this Site only for your use. Playing The Recruiting Game™, LLC., may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
a. you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices
contained in the materials;
- you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
- you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
13. ONLINE CONTENT
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
You further agree not to:
a. Upload a profile image that is not your likeness or a head-shot photo;
b. Use or attempt to use another’s account without authorization from the Site , or create a false identity on the Site ;
c. Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the Site;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
If You have a dispute with one or more of Our Members, you release Us (and our officers, directors, agents, subsidiaries, attorneys, accountants, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
15. Ending These Terms
The Terms will continue to apply until terminated by either you or Playing The Recruiting Game™, LLC./Site as follows:
You may end your legal agreement with Playing The Recruiting Game™, LLC., at any time for any reason by deactivating your accounts and discontinuing your use of the Website. You do not need to specifically inform Playing The Recruiting Game™, LLC., when you stop using the Website.
We may suspend or terminate your accounts or cease providing you with all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Playing The Recruiting Game™ Rules, (ii) you create risk or possible legal exposure for us;, (iii) our provision of the Website to you is no longer commercially viable, or (iv) for any reason we find it necessary to protect the integrity of Playing The Recruiting Game, LLC./the Site. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
THESE TERMS SHALL APPLY TO YOU FOR A PERIOD OF TWO YEARS AFTER THE ENDING OF THESE TERMS AS SET FORTH HEREIN.
Playing The Recruiting Game™, LLC., may retain member information as long as the site is in existence or the member terminates the use either by graduating college with a degree or fails to follow The Playing The Recruiting Game™ process.
16. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE Playing The Recruiting Game™, LLC.’s LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PLAYING THE RECRUITING GAMES RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) OR ENTITY (IES) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Trademark Notice
The Site’s name, and all trademarks and logos displayed on this Site are owned or used under license by Playing The Recruiting Game™, LLC. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
18. Changes to the Site
Playing The Recruiting Game™ LLC., and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product/service specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
19. Indemnity and Hold Harmless
By using this Site you agree that you will defend, indemnify and hold harmless Playing The Recruiting Game™, LLC. and its subsidiaries, officers, employees, shareholders, attorneys accountants and affiliates, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Playing The Recruiting Game™, LLC. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Playing The Recruiting Game™, LLC.’s defense of such claim.
20. COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
Playing The Recruiting Game, LLC, hereafter “PTRG”, is respectful of valid intellectual property rights of others. Any allegations of copyright infringement regarding content or materials on our website, including without limitation User Materials, will be responded to 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. Upon reception of a valid DMCA notification, we will respond by 1) disabling access to, or 2) removing the allegedly infringing content or materials as the incident may dictate. PTRG 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, PTRG usually will restore the allegedly infringing content or materials, unless provided legal 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.
Pursuant to the DMCA, if you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our website, including without limitation User Materials, violate your copyright, you may submit a notification by providing our DMCA agent with the following information in writing (Ref. 17 U.S.C. §512(c)(3)): (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 PTRG to locate the material; (iv) information reasonably sufficient to permit PTRG 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 that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
PTRG’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Name: Glenn Stoutt, III
Address: 2855 N. University Dr., Ste. 501, Coral Springs, FL., 33065
For the purposes of clarification, only notices pursuant to the DMCA should be directed to PTRG’s DMCA agent. All other questions or concerns about our website or the Terms and Conditions should be directed to PTRG 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 PTRG’s DMCA agent with the following information (Ref. 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; (d) your name, address, telephone number and, if available, email address; and, (e) 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 Northern District of Florida, and that you will accept service of process from the party that provided notification to PTRG of the alleged infringement.
Pursuant to the DMCA, if PTRG’s DMCA agent receives a valid counter-notification, 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 PTRG’s 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.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
A © 2015 PlayingTheRecruitingGame.com™ the Site all rights reserved.
All “PTRG Content” including but not limited to: All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Playing The Recruiting Game™, LLC., its affiliated companies and its licensors including copyright, trademark and or patent laws. Your use of our website gives you no ownership rights in PTRG content. Any use other than as permitted under the Terms and Conditions may only be with the prior written authorization of PTRG.
Playing The Recruiting Game™, LLC./Site may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.
This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Playing The Recruiting Game™, LLC. information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Playing The Recruiting Game™, LLC.,disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Playing The Recruiting Game™, LLC. is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Playing The Recruiting Game™, LLC., OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, ATTORNEYS, ACCOUNTANTS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. PLAYING THE RECRUITING GAME, LLC. , ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. Playing The Recruiting Game™, LLC., DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLAYING THE RECRUITING GAME, LLC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER PLAYING THE RECRUITING GAME, LLC. INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
Except as otherwise specifically required by law, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising at any time between you, your assigns, heirs, attorneys, affiliates or agents and Playing The Recruiting Game™, LLC., its assigns, heirs, attorneys, affiliates or agents regarding these Terms and Conditions or this web site, and whether directly or indirectly relating to: (a) these Terms and Conditions or this web site and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent Amendment to these Terms and Conditions or this web site between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the “Disputes”), will be subject to and resolved by binding arbitration by Arbitration Resolution Services, Inc. (www. arbresolutions.com) pursuant to the rules and procedures of Arbitration Resolution Services, Inc. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, as that Court shall have exclusive venue and jurisdiction over the subject matter and the parties.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Playing The Recruiting Game™, LLC., offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Florida, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Playing The Recruiting Game™, LLC.’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. In the event that mandatory arbitrations as set forth in paragraph 22. Arbitration above is not enforceable, and litigation becomes necessary, all lawsuits arising from or relating to these Terms and Conditions shall be brought in the State courts located in Broward County, Florida, (Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida) and you hereby irrevocably submit to the exclusive personal jurisdiction and venue of such court for such purpose.