RECRUITINGTRAK TERMS OF USE AGREEMENT
Recruitingtrak is a subscription-based website, which includes email and text message communication. The website is designed to help students to manage the college admissions process and the college athletic recruiting process for women’s lacrosse. We refer to Recruitingtrak as “RTRAK,” which includes the website itself, its content, emails and text messages sent as part of the services accompanying Recruitingtrak. RTRAK is owned by recruitingtrak LLC, a Connecticut limited liability corporation, which is referred to as “we” or “us” or “our” in these Terms of Use. Following are the terms and conditions (“Terms of Use”) to which you must agree (by checking the box below) in order to subscribe to and use RTRAK. We may add to these terms occasionally by a revised posting on this page, and will email the address(es) associated with your account in the event of such an addition or change. As used in these “Terms of Use,” the term "You" refers to the individual subscriber reading these Terms of Use and the terms "user" and “users” refer to all individuals and/or entities accessing RTRAK for any reason, including subscribers.
**The terms must be accepted by a person 18 years of age or older by clicking the box below which indicates your agreement to these terms. If you are not 18 years of age, you must have a parent or guardian click the agreement box below. Subscribers must be age 13 or older.
CONTENT PROTECTION
The contents of RTRAK, and any emails and text messages sent by RTRAK, including all text, images, graphics, logos, links, button icons, downloads, software and other content (collectively, "Content"), is owned exclusively by us and subject to certain legal protections. The compilation (meaning the collection, arrangement and assembly) of all content on RTRAK and its emails and text messages is the exclusive property of ours and is protected by United States and international copyright laws.
YOU MAY NOT AND MAY NOT ALLOW ANY OTHER PERSON TO COPY OR REDISTRIBUTE THE CONTENT, IDEAS OR TRADEMARKS OR TRADENAMES USED ON OR IN CONNECTION WITH (E.G., IN EMAILS OR TEXT MESSAGES) RTRAK.
SECURITY RULES
You are prohibited from violating or attempting to violate the security of RTRAK, including, without limitation:
--intercepting or accessing data not intended for you or logging into a server or account which you are not authorized to access,
--attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior express written authorization,
--attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to RTRAK, overloading, "flooding", "denial of service attacking", "spamming", "mailbombing" or "crashing."
Violations by You or a person to whom you grant access to RTRAK of system or network security may result in civil or criminal liability, and we reserve all rights we have to protect our RTRAK site, intellectual property and associated materials from such tampering and harm.
RTRAK SITE INTEGRITY RULES
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of RTRAK or its Content in any way, including, without limitation:
--Accessing content, data, features or functionality on RTRAK for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access.
--Deleting or revising any Content (including, but not limited to, legal notices).
--Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content available from RTRAK.
--Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search RTRAK other than the search engine and search agents generally available through third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox).
You shall not copy or adapt the underlying HTML code with respect to any portion of RTRAK or the content appearing therein.
Violations by You or a person to whom you grant access to RTRAK of system or network security may result in civil or criminal liability. We reserve the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve all our rights to protect RTRAK and preserve its integrity.
PERSONAL INFORMATION
We consider the following information to be “personal information:” Your name, credit card number, address, phone number, date of birth, college preferences, SAT, ACT and other standardized test scores, grade point average, and any other information You or your parents or guardian put into your RTRAK profile. We will use our reasonable efforts to maintain this information for the duration of your RTRAK subscription and for two months afterwards.
CHILDREN UNDER THE AGE OF 13 MAY NOT SUBCRIBE
RTRAK is not intended for children under the age of 13. We will not knowingly register or otherwise collect personal information from persons who identify themselves as being under the age of 13 during the registration process. By subscribing for yourself or your child you represent to us that the subscriber is 13 or older. We will immediately terminate your account if we learn that you are under the age of 13.
WEB ACCESS PORTAL AND PASSWORDS
Each user will be asked to create and then enter a username and password that will provide access to RTRAK. Each user is responsible for maintaining the secrecy of and safeguarding his or her user name password. In the event of a lost or stolen password, you, on behalf of such user, agree to promptly notify us. You agree that, in such event, we will use our reasonable efforts to cancel your previous password and may email a new temporary password to the email address in our records associated with your account, and you agree that we shall not be liable for any misuse as a result of our emailing a forgotten password to your listed email address. Each user agrees not to share his/her login/password combination with any person other than his/her parent or guardian.
INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
Any violation of these Terms of Use may result in the immediate denial of access to RTRAK and associated emails and text messages. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. We may terminate the accounts of any users, and block access to RTRAK and associated emails, and text messages for any users who improperly access or use the personal information of others or infringe on the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. You are responsible for all actions taken by persons to whom you grant access to your account.
NO WARRANTIES
RTRAK may contain errors and we make no representations about the accuracy, reliability or completeness, of RTRAK, or the timeliness of the email and text message reminders provided. We do not represent that RTRAK will meet your needs or be suitable for your use. Although we believe that RTRAK may be a helpful tool to use in connection with the college admissions process and, in particular, for the applicant hoping to be recruited to play college level women’s lacrosse, subscription to RTRAK does not guarantee that you will be admitted to college or recruited to play college level lacrosse. Moreover, RTRAK is a tool and database of resources and its utility depends on your use and follow-up.
The use of RTRAK is at your own risk. Changes are periodically made to RTRAK. Such changes may be made at any time. We do not warrant that the RTRAK will operate error-free or that its website or its server are free of computer viruses or other harmful mechanisms. If your use of RTRAK results in the need for servicing or replacing equipment or data, we are not responsible for those costs. RTRAK’s content and services are provided on an “as is” basis without any warranties of any kind. To the fullest extent of the law, we disclaim all warranties whatsoever, whether express or implied.
LIMITATION ON DAMAGES
In no event shall we, our affiliated entities, suppliers, managing members, owners or any third parties be liable for any damages whatsoever resulting from the use of or inability to use the RTRAK website, emails, and text messages, whether based in contract, tort, or other legal theory, and whether or not we are advised of the possibility of such damages. The aggregate liability for us to you for all claims arising from the use of RTRAK or any affiliated Site operated by us is limited to the total fees you have paid to us. In no event will we be liable for punitive, consequential, incidental or expectation damages.
THIRD PARTY CONTENT AND WEBSITES
RTRAK may now or in the future contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by RTRAK of the contents of any third-party Web site. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites through RTRAK, you do so at your own risk.
INDEMNITY
You agree to defend, indemnify, and hold harmless us, our owners, members and affiliates and our and their officers, directors, employees, managers and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from or resulting from your use of any RTRAK website or your breach of these Terms of Use. We shall use our reasonable efforts to provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
GOVERNING LAW AND ENTIRE AGREEMENT
This Agreement shall be governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts of White Plains, New York to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. YOU IRREVOCABLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.
This Agreement constitutes the entire agreement between you and recruitingtrak LLC with respect to your use of RTRAK and supersedes any previous and/or other oral or written arrangements or understandings relating thereto.
WAIVER
No waiver of any provision of these Terms of Service by us shall be effective unless in writing signed by an authorized representative of ours. The waiver by us of a breach or violation of any provision of these Terms of Service shall not constitute a waiver by us of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of us to exercise or avail itself of any right, power or privilege that we have or may have hereunder operate as a waiver of any such right, power or privilege by us. Any provisions of these Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of these Terms of Service.
Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, we do not provide or make any representations, warranties or guarantees as to the quality or nature of any of the products or services purchased through the RTRAK website or its links. Any such representation, warranty or guaranty would be furnished solely by the provider of the product or service, under the terms agreed to by the provider.
This Agreement sets forth the entire understanding between us and You, as the user, with respect to the subject matter hereof. It supersedes any prior agreement or discussion, and there are no other understandings or agreements, written or oral, between the parties relating to such subject matter.
These terms may not be changed or supplemented in any way by you without the written consent of recruitingtrak LLC.
We shall not be liable for any failure to perform to the extent such failure to perform is due to circumstances reasonably beyond our control, including, without limitation, labor disturbances or labor disputes of any kind, accidents, failure of any governmental approval required for full performance, civil disorders or commotions, acts of aggression, acts of God, energy or other conservation measures imposed by law or regulation, explosions, failure of utilities, labor strikes, commencement of hostilities, terrorist acts, mechanical breakdowns, material shortages, disease, internet or computer or network failure, blackouts or other such occurrences.
By checking the box below, You agree to these Terms of Use and acknowledge that: (i) You are at least 18 years of age, (ii) You are accepting these on your own behalf or on behalf of a RTRAK participant who is your child or a person for whom you act as legal guardian and, in each case, such person is 13 years of age or older, and (iii) You have the legal capacity to contract with recruitingtrak LLC and to accept these terms for the RTRAK user for whom you are acting.
