TERMS & CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
You may be asked to register on or through our website to participate in or receive various services offered by RC The availability of these services may vary, may require a fee and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to these Terms and Conditions, other services offered by RC 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 agree to immediately notify RC of any unauthorized use of your username and password. You further agree not to adopt an inappropriate username of any kind.
By registering on our website, you agree to provide accurate and current information about yourself and to maintain and promptly update your information to keep it accurate and current. All information you provide is subject to verification by RC
USE OF THE Recruiting Coach WEBSITE
The following is a partial list of the kind of user content and activity (collectively “User Content/Activity”) that is illegal or prohibited to post on or through the Website. RC reserves the right to investigate and take appropriate legal action against anyone who, in Prep Showcase, Inc’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the Membership of such violators. Prohibited User Content/Activity includes, but is not limited to content and activity that, in the sole discretion of RC:
- Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Exploits people in a sexual or violent manner;
- Contains nudity, violence, or offensive subject matter or contains a link to an adult Web site;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
In addition, you specifically agree not to do any of the following: (a) use the Website or Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (b) intercept or attempt to intercept electronic mail not intended for you; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of the Website or Services by others; (e) upload or otherwise transmit files that contain a virus or corrupted data; (f) collect information about others (including e-mail addresses) without their consent; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or Services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website or Services); or (h) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by the RC, may harm RC or Users or expose them to liability.
Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Website or Services, (ii) use any manual process to monitor or copy any of the material on the Website or Services or for any other unauthorized purpose without the prior written consent of RC, (iii) use any device, software or routine that interferes with the proper working of the Website or Services, (iv) attempt to interfere with the proper working of the Website or Services, (v) take any action that imposes an unreasonable or disproportionately large load on RC’s infrastructure, or (vi) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
Payment Obligation and Credit/Debit Card Authorization
By clicking on the “accept terms and conditions box” below you agree to pay any and all fees agreed by you on the day of acceptance. A valid credit card, debit card, cash, money order, or check may be used. You are responsible for paying all one time and/or recurring fees, and you hereby authorize RC and its affiliates and payment processor to charge the credit card, debit card, or bank account, you have provided to pay for the cost of the one time or recurring fees via electronic payment. Recurring payments will be processed between the 1st and 5th day of each month until payment in full has been received. YOU REPRESENT AND WARRANT, UNDER PENALTY OF PERJURY, THAT; (1) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT, AND COMPLETE; (2) PAYMENTS MADE BY YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY; (3) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH YOUR USE OF, REGISTRATION FOR, ENROLLMENT IN, OR SUBSCRIPTION TO ANY OF THE PRODUCTS, GOODS, SERVICES, OR SUBSCRIPTIONS OF RC AND (4) WHILE YOU, THE END USER, MAY NOT BE THE CREDIT CARD ACCOUNT HOLDER, YOU ARE AN AUTHORIZED USER OF, OR YOU HAVE PERMISSION TO USE THE CARD BY AN AUTHORIZED USER,(including but not limited to your parent, sibling, other blood relative, or close personal relation). RC does not offer refunds for any reason. You acknowledge and agree that the authorization to charge your credit card for services shall automatically transfer to any successors or assigns of service for substantially similar services at the same website. Should you request a refund which is denied for a valid reason under these Terms of Service, and should you subsequently file a claim against RC, RC shall be entitled to collect from you all costs (including attorney's fees) associated with defending such a claim.
To protect against potential fraud, RC may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then crediting the same amount back to your credit card or otherwise ceasing the transaction, and also may include asking you to verify the amount debited in order to confirm that you are in possession of your credit card. RC will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for our Service. By providing RC with your credit card information, you authorize RC to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
All fees are exclusive of all taxes and/or duties imposed by governing authorities. You are solely responsible for payment of all such taxes and/or duties.
You understand that this authorization will remain in effect until it is canceled in writing, and you agree to notify RC in writing of any changes in your account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. For ACH debits to your checking/savings account, you understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) you understand that RC may at its discretion attempt to process the charge again within 30 days, and agree to an additional $35.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of this credit card/bank account and will not dispute these scheduled transactions with your bank or credit card company; so long as the transactions correspond to the agreed upon terms.
YOUR SUBMISSIONS TO OUR WEBSITE
Our website may allow you to post, share and/or publish various materials and information, including, without limitation, videos, photographs, academic information, transcripts, biographical information and other materials (collectively, "User Materials"). You are solely responsible for your User Materials and the consequences of posting, sharing, and/or publishing your User Materials on and/or to our website.
By using our website and posting, sharing, and/or publishing your User Materials on and/or to our website or any linked or related social media site, you represent and warrant that the information is accurate, and that you own the entire right, title and interest in and to your User Materials.
You hereby grant to RC and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of any of the foregoing, 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 your 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 RC to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) (collectively, “Names and Likenesses”) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in your User Materials. You also hereby irrevocably waive as against RC all moral rights and rights of restraint in your User Materials. Should we add social media websites? See change above.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify RC 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 your User Materials and/or Names and Likenesses as provided herein.
You acknowledge that RC reserves the right to display advertisements in connection with your User Materials, to display your User Materials with similar materials from other users and to use your User Materials for marketing, promotional and advertising purposes. You further acknowledge that RC has the right, in its sole discretion, to prescreen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including, without limitation, User Materials that violate the Terms and Conditions.
If you have any comments or questions regarding content or materials on our website, please contact RC 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 website violate your intellectual property rights, please contact us using the contact information found at the end of the Terms and Conditions.
RC reserves the right in its sole and absolute discretion to change, suspend and/or discontinue, at any time, any aspect or feature of our website, including, without limitation, content, hours of availability and equipment needed for access or use. We also reserve the right in our sole and absolute discretion to change or modify the Terms and Conditions applicable to your use of our website, or any part thereof, or to impose new terms and/or conditions, at any time, either by emailing you notification of the new terms and/or conditions and/or by publishing the modified Terms and Conditions on the relevant pages of our website. All such changes will take effect within thirty (30) days after they have been posted on our website or emailed to you, and you will be deemed to have accepted any such changes by your use of our website following such time. Therefore, we encourage you to regularly review the Terms and Conditions.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
RC respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our website, including, without limitation, User Materials, in accordance with the Digital Millennium Copyright Act (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, any other person’s User Materials, violate your copyright, you may submit a notification 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 RC to locate the material; (iv) information reasonably sufficient to permit RC 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.
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 are owned, controlled or licensed by or to RC, 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.
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 except as follows: you may print portions of our website 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 RC.
TERMINATION OF YOUR RIGHT TO USE OUR WEBSITE
RC reserves the right to suspend, restrict and/or terminate your access to our website at any time, without notice, in our sole discretion, without limitation to any of our other rights.
PRODUCTS AND SERVICES OFFERED BY RC
RC may offer products and services on or through our website. 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 website, the Terms and Conditions will also apply.
If you are cancelling your service and have not made your payment in full and you participated in free combines, camps, and all-star games provided by RC or its related entities, you must pay the fees for those events you attended.
LINKS TO OTHER WEBSITES
Our website may provide links to other websites or resources, including, without limitation, 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 RC of the content, products 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 RC 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.
LINKING TO OUR WEBSITE
You may not link to RC’s website without our prior written consent.
THIRD PARTY ADVERTISING ON RC WEBSITE
Unless otherwise explicitly stated, RC does not endorse or guarantee any third-party products or services advertised on our website or any third parties sponsoring parts of our website. Your dealings with advertisers or other third parties found on or through our website are solely between, and 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 RC 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 website.
DISCLAIMER OF WARRANTIES
The content on our website is for informational purposes only. All content and services on our website are provided by RC on an "as is" and "as available" basis except as otherwise separately agreed upon. We make no representations or warranties of any kind, express or implied, with respect to our website or the information, content, materials, services or products included on our website. We will provide our website with reasonable skill and care and substantially as described in the Terms and Conditions. However, we do not make any other promises or warranties about our website or any websites linked to our website. You expressly agree that your use of our website is at your sole risk.
We do not warrant that the RC website, its servers or e-mail sent from us are free of viruses or other harmful components. While we use all reasonable efforts to correct any errors or omissions within our website as soon as practicable once they have been brought to our attention, we do not warrant that the information on our website will be free from errors or omissions. While we attempt to be as accurate as possible, we do not warrant that descriptions or other content on our website are current or error-free.
We do not warrant that our website will be available uninterrupted and in a fully operating condition. Access to the RC website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control.
LIMITATION OF LIABILITY
In no event shall we, our affiliates, licensees, parents, or subsidiaries be liable to you in contract, tort (including negligence) or otherwise for any losses which are not currently foreseeable by us arising out of the Terms and Conditions or your use of our website. We shall not be liable for any attempts by you to participate in the use of our website by methods, means or ways not intended by us. Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the Terms and Conditions shall be limited in aggregate to the net payments, if any, made by you to us via our website.
The Terms and Conditions shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts located in Ventura, California. Any action arising out of the Terms and Conditions or your use of our website must be brought within one (1) year after the cause of action has arisen.
LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR WEBSITE
If you cause a technical disruption of our website or any aspect of its functionality, you agree to be responsible for any and all losses, costs, liabilities and expenses RC may suffer or incur 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 rights at law or in equity.
You agree to compensate, indemnify, defend, and hold harmless RC and its members, managers, officers, employees and affiliates from and against any and 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 website or any violation by you of the Terms and Conditions.
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.
HOW TO CONTACT US
Should you have questions or concerns about these Terms and Conditions, please contact us by mail, phone or email as follows:
5021 Verdugo Way, #343
Camarillo, CA 93012
Recruiting Coach maintains www.recruitingcoach.com and other affiliated web sites (collectively, the “Site”) to enable our customers to use our various services and for marketing purposes which support our various services.
In order to allow you to use the Site in the most productive manner, RC will request and/or collect personal information (such as name, address, e-mail address, date of birth, academic and athletic information, pictures and videos) from you on a voluntary basis to: add basic TAP test results.
enable you to:
- register with us;
- use the tools on the Site;
- send us questions or comments;
- purchase any goods on-line (if provided);
- access other services that require registration or subscription.
and enable us to:
- determine which colleges might be appropriates matches for you;
- gather information to include in scouting reports to be sent to colleges; and/or
- determine your eligibility for scholarships sponsored by RC.
Your personal information may be used by RC for various purposes such as, but not limited to, distributing newsletters, services updates, and promotional materials. We also compile personal information in aggregate detail for marketing purposes and may share this information with our retail and other business partners. Should you order products or services via the Site, financial information that is collected will be used to bill you.
The Site may contain chat rooms, forums, message boards and/or personal websites. Please be advised that any information that is disclosed to or on any of these is public information, and you should exercise extreme caution when deciding to disclose your personal information.
RC does not require any user, including children, to provide any more information than is reasonably necessary to participate in any of our Site activities.
Use of IP addresses
RC may collect IP Addresses for the purposes of system administration, and to audit the use of the Site. We may use IP Addresses to identify a user and to gather broad demographic information. Please review each service prior to use and use only those services that require personal information which you agree and are willing to share.
Cookies are pieces of information that a website transfers to a visitor’s hard drive for record-keeping purposes. A cookie may disclose whether you have visited the website before and what pages on the website you have viewed. The cookies that RC uses do not collect any personal information about you, provide us with any way to contact you, or extract any information from your computer. Consult your browser’s Help Screen file for more information on your ability to monitor and/or reject cookies.
Links to other sites
Children should always obtain permission from a parent or legal guardian before linking to any other websites. Please refer to the privacy policies on all such websites to learn how they collect and use information.
If you would prefer to no longer receive e-mail communications from RC regarding our products and/or services, you may “unsubscribe” by following the directions listed on the e-mails to you.
Review and correction of personal information
At any time, you may contact RC to request to review or update the personal information about you that is maintained by RC. Simply contact RC by e-mail to submit your request. RC may retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of the Site or to resolve disputes. Notify us promptly in writing about any changes to your name, mailing address, phone number, or work number.
Disclosure to third parties
Except for certain personal information about you that RC will send to athletic department personnel at various colleges that might be appropriates matches for you, the personal information collected by RC will not be shared, sold or distributed with or to any third party without your consent. RC will hold, utilize and internally transmit all personal data in a safe, confidential and secure environment. RC may share aggregate data with its partners and advertisers. Aggregate data will not contain any personally identifiable information.
RC maintains physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect through the Site. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while RC strives to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to us.
Policy for children
If you are a citizen of the United States and are under the age of 13, or a citizen of a European country under the age of 18 (“Child” or “Children”), in compliance with the Children’s Online Privacy Protection Act (“COPPA”), RC must obtain consent from your parent or legal guardian (“Parental Consent”) for you to gain full access to the services provided on the Site. Please refer to the COPPA section of this Site. RC also requires that you provide to us your parent or legal guardian’s email address.
Until Parental Consent is provided, RC will neither collect any additional information about you, nor use the information we’ve collected, except for the purpose of seeking consent. If we do not have your Parental Consent within 30 days, we will destroy all personal data we have received from you and you will have only limited access to the Site.
Once Parental Consent is provided, you will receive an e-mail message confirming that you will have full access to the Site. This e-mail should be received within a week of receiving your Parental Consent.
Parents may at any time contact RC to review, alter or delete information that was previously collected. Parents may revoke consent by contacting RC at the address below. In addition, RC provides parents the ability to refuse any further collection or use of your personal data as well as the ability to have your records deleted from our database.
Questions and complaints
5021 Verdugo Way, #339
Camarillo, CA 93012