|
Terms Of Use Agreement
This Internet Website Agreement (the “Agreement”) is between you and The Profile Place, LLC also known as TheProfilePLace.com (“Company”). Use of the Company Website signifies your agreement to the terms and conditions of use as set forth below:
I. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Website.
II. All information you have provided The Profile Place, LLC and TheProfilePlace.com is completely accurate and truthful. You have not and will not unrightfully access information (you have not and will not access other user’s passwords, user names, etc.)
III. By registering for a College Coach’s Account, you must be a NCAA Division I, II or III, or other Collegiate Athletic Association Head Coach, Assistant Coach and/or official recruiter. By registering as an athlete, you must, in fact, be a high school athlete or college student, who is looking to transfer to another university as a student athlete. By registering untruthfully as a Coach or student athlete, you can and will be held liable for your actions and consequences (all Coaches Accounts will be verified). This is considered unrightful access to information provided by The Profile Place, LLC and TheProfilePlace.com. The Profile Place, LLC reserves the right to pursue further action to include termination of an Athletes fraudulent account without refund.
IV. The Profile Place, LLC and TheProfilePlace.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the company website.
V. TheProfilePlace.com website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Company website are only for your personal non-commercial use. All materials contained on TheProfilePlace.com website are protected by copyright, and are owned or controlled by The Profile Place, LLC or the party credited as the provided of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any contact on the Company website. Copying or storing of any content for other than personal non-commercial use is expressly prohibited without the prior written permission from The Profile Place, LLC or the copyright holder identified in the individual contents copyright notice.
VI. The Profile Place, LLC or TheProfilePlace.com may change, suspend or discontinue any aspect of the Company website at any time, including the availability of any Company website feature, database, or content. The Profile Place, LLC or TheProfilePlace.com may also impose limits on certain features and services or restrict your access to parts or the entire Company website without notice or liability.
VII. Soliciting registered users of TheProfilePlace.com either Coaches or athletes is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of TheProfilePlace.com.
VIII. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Company website any materials, which (i) restrict or inhibit any other user from using and enjoying the Company website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, to include adding third party links or (viii) constitute or contain false of misleading indications of origin or statements of fact. The Profile Place, LLC does not and cannot review all materials posted to TheProfilePlace.com website by users, and the Company is not responsible for any such material posted by users. However, The Profile Place, LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in The Profile Place, LLC or TheProfilePlace.com’s sole discretion are objectionable or in violation of this Agreement.
IX. You hereby agree to indemnify, defend and hold The Profile Place, LLC or TheProfilePlace.com and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Profile Place, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
X. The Profile Place, LLC or TheProfilePlace.com is not responsible for the actions of those users (both Coaches and athletes) who do not abide by NCAA regulations. The Profile Place, LLC or TheProfilePlace.com is in no way affiliated with the NCAA. All users are responsible for their own actions. All users are responsible for knowing the NCAA’s rules, regulations and laws. All users are responsible for abiding by the NCAA’s rules and regulations and laws. Neither The Profile Place, LLC or TheProfilePlace.com is responsible for Coaches and/or athletes who violate NCAA or specific sport governing body rules and regulations. Violations are subject to immediate account termination. The Profile Place, LLC and TheProfilePlace.com do not promote any violations of NCAA or specific sport governing body rules and regulations.
XI. TheProfilePlace.com website may contain links and pointers to other related World Wide Web Internet sites, resources and sponsors of the Company website. Links to and from TheProfiilePlace.com website to other third party sites, maintained by third parties, do not constitute an endorsement by the Company or any of its subsidiaries or affiliates of any third part resources of their contents.
XII. The Profile Place, LLC and TheProfilePlace.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Profile Place, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of TheProfilePlace.com website.
XIII. THEPROFILEPALCE.COM WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEBSITE IS PROVIDED “AS IS” TO THE FULLEST EXTEND PERMISSIBLE BY LAW. THE PROFILE PLACE, LLC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGHT THE COMPANY WEBSITE OR ANY LINKED SITE. FUTHER, THE PROFILE PLACE, LLC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PROFILE PLACE, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THERIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR THER HARMFUL COMPONENTS. THE PROFILE PLACE, LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
XIV. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to TheProfilePlace.com website, you hereby grant to The Profile Place, LCC a perpetually, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against The Profile Place, LLC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution on connection with such Communications.
XV. You acknowledge that transmission to and from TheProfilePlace.com website are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to The Profile Place, LLC and TheProfilePlace.com, no confidential, fiduciary, and contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
XVI. This Agreement constitutes the entire agreement between The Profile Place, LLC and you with respect to your use of TheProfilePlace.com website. Any cause of action you may have with respect to your use of the Company website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extend permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The Profile Place, LLC and TheProfilePlace.com disclaims any and all responsibility for content contained in any third party materials provided through links form the Company internet site.
If users have any further questions regarding this Terms of Use Agreement, the practices of TheProfilePlace.com or The Profile Place, LLC, please contact us at info@theprofileplace.com
|