TERMS OF USE
1. General.
Use of the Go Big Recruiting website (the "Website") by all users, including users who are also contributors of video content, information and other materials or services on the Website, is governed by the following Terms of Use and a Privacy Policy (), both of which you must read before using the Website. All pages within the Website are owned and operated by Go Big Recruiting, LLC (Go Big Recruiting, LLC, together with any and all affiliated entities, are referred to collectively herein as "Go Big Recruiting").
Each of the Terms of Use and the Privacy Policy is a legal
agreement between you and Go Big Recruiting. As such, the Website is
intended for use by persons who are at least eighteen (18) years or older, are
an emancipated minor, or possess legal parental or guardian consent to use the
Website subject to these Terms of Use. All users must be over thirteen
(13) years of age, as the Go Big Recruiting Website is not intended for
children under 13. BY USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE
READ ALL OF THE TERMS OF USE, THAT YOU UNDERSTAND THEM, THAT YOU ARE AT LEAST
EIGHTEEN (18) YEARS OR OLDER OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, THAT
YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS CONDITIONS SET FORTH
IN THESE TERMS OF USE AND ARE OTHERWISE CAPABLE OF FORMING LEGALLY BINDING
CONTRACTS UNDER APPLICABLE LAW, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS
OF USE. THESE TERMS AND CONDITIONS
MAY BE WHOLLY OR PARTIALLY MODIFIED, ADDED TO, OR REDUCED AT ANY TIME BY GO BIG
RECRUITING IN ITS SOLE DISCRETION. You should visit the
Website periodically to review the applicable Terms of Use and Privacy Policy.
2. User
Conduct and Use of the Site.
a. You may use the Website, register to become a Member, and create an Account if you are at least eighteen (18) years or older or possess legal parental or guardian consent, are fully able and competent to enter into the terms conditions set forth in these Terms of Use and are otherwise capable of forming legally binding contracts under applicable law. If you register to become a Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to Go Big Recruiting.
b. Certain portions of the Website and information contained on the Website may be accessible only to Members or affiliates, service providers, or other business partners of Go Big Recruiting, or otherwise may be password restricted. You agree not to gain or attempt to gain unauthorized access to such portions of the Website or to information contained in such sections of the Website, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Website, to distribute passwords to unregistered or unauthorized users, or to make any unauthorized use of the Website or information accessible on the Website. You are solely responsible for the security of your password and your Account, and unless authorized by Go Big Recruiting, your password is valid only for use by you. If, at any time, you believe that your Account or password is being used by another person, you should notify Go Big Recruiting immediately.
c. If you become a Member and create an Account, you consent to the use of electronic means to complete these Terms of Use, to use the Website and to provide you with any notices under these Terms of Use. These Terms of Use and any notices given pursuant to these Terms of Use are effective and enforceable in electronic format.
d. You agree to
use the Website in accordance with these Terms of Use, and acknowledge and
agree that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use, and/or for use in connection with legitimate
collegiate recruiting activities in accordance with rules and standards
applicable to such activities; and (ii) you will not copy or distribute any
part of the Website in any medium without Go Big Recruiting's prior written
authorization.
e. You acknowledge and agree that, upon creation of a profile
on the Website and registration for membership, your submitted content (each
submission individually, and all submissions, collectively, referred to herein
as the "User Submission") may be available for viewing by other Members or by
affiliates of Go Big Recruiting for evaluation and recruiting purposes. Notwithstanding the foregoing, however,
Go Big Recruiting makes no representation or guaranty that your profile and
User Submission will be reviewed by the colleges you select, and Go Big
Recruiting makes no guarantee with respect to the results of any recruiting
efforts or activities.
f. You agree to use the Website for lawful,
noncommercial purposes only, and shall not use Website content for purposes of
creating, developing or promoting any enterprise, whether or not for
profit. You agree to comply with
all federal, state, and local laws applicable to the use of this Website and to
not use the Website to engage in prohibited conduct. Broadly stated, "prohibited conduct" is any conduct (i) that
is unlawful, infringing, tortious, fraudulent, abusive, harassing, or otherwise
harmful to Go Big Recruiting or any other party or property; (ii) that violates
another party's intellectual property, privacy or other rights; or (iii) that
otherwise interferes with the operation, use or enjoyment of any service,
system or other property. By way
of illustration, prohibited conduct includes, but is not limited to, using the Website
or the services provided through the Website to (i) violate any law or
applicable regulation; (ii) violate or attempt to violate the security or
integrity of, or gain or attempt to gain unauthorized access to, this Website
or any service, system, information or communication contained herein; (iii)
interfere with another's use of the Website or the services provided on the Website
through the posting or transmitting of a virus or other harmful item; (iv)
"spoof" or otherwise impersonate any other party, falsely stating or otherwise
misrepresenting your identity or affiliation in any way, use an IP address not
assigned to you, forge, delete or alter any part of TCP/IP packet header or
sender identification information in any communication; (v) commit fraud; (vi)
harass, or threaten any party, advocate or otherwise encourage violence against
any government, organization, group, individual or property, or provide
instruction, information, or assistance in causing or carrying out such
violence; (vii) disseminate viruses, Trojan horses, or other code or
programming intended to damage, interfere with, intercept or expropriate any
system, data or personal information; (viii) send or receive any material that
could be considered harmful, obscene, pornographic, indecent, lewd, violent,
abusive, profane, insulting, threatening, tortious, harassing, hateful or
otherwise objectionable in Go Big Recruiting's discretion; (ix) send or receive
any material that harasses, victimizes, degrades, or intimidates an individual
or group of individuals on the basis of religion, race, ethnicity, sexual
orientation, gender, age, or disability; (x) send or receive material
containing defamatory, false, or libelous material; (xi) send or receive any
material that infringes or violates any intellectual property or other right of
any entity or person, including, without limitation, copyrights, patents,
trademarks, laws governing trade secrets, rights to privacy, or publicity;
(xii) post, send, or receive any material that you do not have a right to make
available under law or contractual or fiduciary relationships; (xiii) engage in
conduct that would expose Go Big Recruiting or its affiliates or service
providers to civil or criminal liability; (xiv) post, send or otherwise
disseminate advertising or any solicitation; (xv) conduct or forward surveys,
contests, pyramid schemes, or chain letters; or (xvi) assist others in engaging
in prohibited conduct. This list is not intended to be exhaustive.
g. You acknowledge and agree that you are responsible for all content posted, published, displayed or transmitted to the Website by you, including, but not limited to, User Submissions. You agree not to transmit or otherwise make available on the Website any content or any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other intellectual property or proprietary right without the express permission of such individual or the owner of such rights. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on you, the user. You agree that you will not submit any User Submission that you do not have a right to make available under law or contractual or fiduciary relationships. In the event that any third party consent is required in order to grant to Go Big Recruiting the rights described in these Terms of Use, you assume all liability and responsibility for securing any such consent. You are solely liable for, and shall indemnify and hold Go Big Recruiting harmless for, any damages resulting from any infringement of copyrights, trademarks, proprietary rights, broadcast rights, violation of privacy or publicity rights, or any other harm resulting from your User Submissions or other submitted content or transmissions to or from the Website.
h. Go Big Recruiting is not responsible for, or in anyway
associated with, content posted on or transmitted to the Website by users,
including, but not limited to, User Submissions. Although Go Big
Recruiting has no responsibility for content or User Submissions and has no
obligation to monitor content posted on or transmitted to the Website, Go Big
Recruiting reserves the right to monitor such content for any reason, and, in
its sole discretion, to decide whether content or a User Submission is
appropriate and complies with these Terms of Use, to remove any content or User
Submission, and/or terminate a user's access at any time, without prior notice. Go Big Recruiting also reserves the
right to disclose data to law enforcement agencies or other authorities
(including, but not limited to, the NCAA) who may investigate reports of misuse
or abuse of the Website. You
further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate or otherwise objectionable, and you agree to waive and
hereby do waive, any legal or equitable rights or remedies you have or may have
against Go Big Recruiting with respect thereto, and agree to indemnify and hold
Go Big Recruiting harmless to the fullest extent allowed by law regarding all
matters related to your use of the Website, whether as an athlete or coach in
submitting User Submissions and/or creating a profile, or as a representative
of a college or other institution using the Website for recruiting purposes. Users may report abuses of the Website
to, with sufficient detail identifying the abusive conduct or content, so that
Go Big Recruiting may determine, in its sole discretion, whether to take action
with respect to such alleged abuse.
i. You are solely responsible for and will exercise caution,
discretion, common sense and judgment in using and accessing the Website and
all content contained therein. You are solely responsible for any
equipment necessary to access and use the Website.
j. You agree to cooperate fully with Go Big Recruiting to investigate any suspected or actual activity that is in breach of these Terms of Use.
k. You understand and agree that Go Big Recruiting is not required to edit or review any User Submission. However, you agree that all User Submissions may be subject to Go Big Recruiting's approval. Go Big Recruiting reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a User Submission. Go Big Recruiting, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
3. Linking.
The Website may provide links to websites and access to
content, products and services from third parties, including users,
advertisers, affiliates and sponsors of the Website. Such links are
provided for reference only, and Go Big Recruiting neither controls such
websites, endorses any of the content on any such websites, nor has any
association with their operators. You agree that Go Big Recruiting is not
responsible for and relieve Go Big Recruiting from all liability arising from, the
availability of, content provided on, or practices of such third party websites,
the quality of the goods and services provided on such websites, and the
performance of any agreement you may enter into with such third party website.
You should refer to the policies posted by other websites regarding privacy and
other topics before you use them. You agree that Go Big Recruiting is not
responsible for third party content accessible through the Website, including
opinions, advice, statements and advertisements, and understand that you bear
all risks associated with the use of such content. You agree that Go Big
Recruiting is not responsible for any loss or damage of any sort you may incur
from dealing with any third party.
4. Copyright
Matters and Copyright Agent.
a. All content available at this Website, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of Go Big Recruiting or used by Go Big Recruiting with the permission of the owner of such content and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Website is the exclusive property of Go Big Recruiting and protected by U.S. and international copyright law. Users of the Website agree to not take any action with respect to content of the Website that would violate the intellectual property or proprietary rights of Go Big Recruiting or other third parties, or the individual rights of other users. Content contained on the Website may not be modified, copied, distributed, framed, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part, without Go Big Recruiting's prior permission. You may download a copy of any portion of the Website, including User Submissions, solely for the purposes of personal, non-commercial use, or for evaluating an athlete for recruiting purposes, provided that all copyright and other notices are kept intact. Any other use of the content contained on the Website is strictly prohibited.
b. Go Big Recruiting respects the intellectual property of others and asks that its users do the same. You acknowledge and agree that Go Big Recruiting may: (i) remove content and/or User Submissions that infringe or are believed to be infringing the intellectual property or proprietary right of Go Big Recruiting or any third party; (ii) deny access to the Website to any user who uses the Go Big Recruiting network in violation of any intellectual property or other proprietary right; and/or (iii) terminate a Member's account who infringes or is believed to be infringing the intellectual property, proprietary, or other rights of any third party.
c. In accordance with the Digital Millennium Copyright Act of
1998 (see 17 U.S.C. 512(c)(3) for further detail), Go Big Recruiting will
respond promptly to claims of copyright infringement that are reported to our
Copyright Agent, designated below. If you are a copyright owner or an
agent thereof and believe that your work has been copied in a way that
constitutes copyright infringement, please report your notice of infringement
to Go Big Recruiting by providing our Copyright Agent with the following
information in writing:
(i) A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii) Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
(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 an exclusive right
that is allegedly infringed.
Go Big Recruiting's designated Copyright Agent to receive notifications of claimed infringement is:
By mail: Brie S. Rogers, Esq.
Taft, Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, Ohio 45202-3057
By email: contact@gobigrecruiting.com
By phone: (513) 381-2838
You acknowledge that if you fail to comply with all of the
requirements of this Section 4(d), your DMCA notice may not be
valid.
5. Intellectual
Property Rights.
a. Go Big Recruiting Content. Excluding the User
Submissions, Go Big Recruiting owns all right, title and interest, including
without limitation all intellectual property rights, in and to the Website and
content contained therein (and any derivative works or enhancements of any of
the foregoing), developed in whole or in part by, with or for Go Big
Recruiting. All trademarks,
service marks and logos contained on the Website (the "Marks") are the property
of Go Big Recruiting and its affiliates and/or licensors and may not be copied,
imitated, or used without the prior written permission of Go Big Recruiting.
You shall not acquire any right, title or interest in any content or Mark,
except for the limited use rights expressly set forth in these Terms of
Use.
b. Restrictions. Content on the Website,
including User Submissions, is
provided to you AS IS for your information and personal use only, and may not
be used, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners, except as expressly
permitted herein. If you download or print a copy of the content for a
permissible use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Go Big Recruiting Website or
features that prevent or restrict use or copying of any content or enforce
limitations on the use of the Go Big Recruiting Website or the content therein.
c. Your License to Go Big Recruiting. By
submitting material to any area of the Website, whether created by or for you,
you expressly grant (and/or warrant that the owner of such rights has expressly
granted) to Go Big Recruiting a royalty-free, perpetual, irrevocable,
sub-licensable, transferable non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, distribute, and otherwise exploit such
material (in whole or in part) worldwide and/or to incorporate it in works of
any form, medium or technology now known or hereafter developed, for any
purpose, for the full term of any copyright or other rights that may exist in
such material.
6. Representations,
Warranties, and Covenants.
You represent, warrant, and covenant that: (a) you have full power and capacity to enter into these Terms of Use; (b) you have and will maintain and/or secure, as necessary, throughout your use of or access to the Website, all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your User Submissions to the Website and permit Go Big Recruiting to post such content, perform its services and provide access and use of the Website as contemplated now or in the future; (c) you have obtained all necessary publicity releases, consents and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated herein.
7. Warranty
Disclaimer; Limitation of Liability.
a. Go Big Recruiting is not responsible for the conduct, whether online or offline, of any user, affiliate, Member, third party service provider, or any other person or entity. Use of Website services, access to any portion of the Website, or reliance on the information contained therein or provided by others appearing on the Website, is at the sole risk of the user. Under no circumstances will Go Big Recruiting be responsible for any loss or damage caused by your reliance on information contained on or transmitted through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website, and to seek professional or other assistance, if necessary, in making such evaluation.
b. If you provide your email address to Go Big Recruiting, this will constitute permission for Go Big Recruiting to send emails regarding Go Big Recruiting, its affiliates, its sponsors, its products, or other items in which you may have an interest unless and until you opt to unsubscribe from such email communications. At no time will Go Big Recruiting be held responsible for any inability to prevent emails from being sent to any party.
c. THE WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, INCLUDING GO BIG RECRUITING CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, QUALITY, CHARACTER, SUITABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GO BIG RECRUITING DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF VIRUSES OR OTHER ROGUE PROGRAMMING.
d. IN NO EVENT WILL GO BIG RECRUITING BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE WEBSITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ANY CONTENT OF THE COMPANY OR THIRD PARTY CONTENT PROVIDERS, ANY DEFECT OR FAILURE OF ANY PRODUCT ADVERTISED ON THE WEBSITE, OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT, OR ANY LOSS, MISUSE, OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION OR DESTRUCTION BY USERS OR THIRD PARTIES OF INFORMATION SUBMITTED TO OR CONTAINED ON THE WEBSITE. Go Big Recruiting, its affiliates, and or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, the content or services contained on the Website. Any claims arising in connection with your use of the Website or any content or services contained on the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
e. The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, tortious behavior, negligence, or any other cause of action or inaction. You assume the entire cost of all damage, servicing, repair, or correction resulting from the use of the Website in any manner, including but not limited to the offensive or illegal conduct of other users or third parties.
8. Indemnity.
You agree to defend, indemnify and hold harmless Go Big Recruiting, its affiliates, its officers, directors, employees, successors, agents, affiliates, distribution partners from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (i) your use of and access to the Website; (ii) your User Submissions or any materials in any form that are provided by you or through use of your account; (iii) any actual or alleged violation or breach of these Terms of Use or any Go Big Recruiting policies. This defense and indemnification obligation will survive this Agreement and your use of the Website.
You further release and hold Go Big Recruiting harmless from
any and all liability arising from any misuse, unauthorized access, disclosure,
alteration, or destruction of Website content, User Submissions, and/or
information contained in the Website by other users or third parties.
9. Term
and Termination; All Payments Non-Refundable.
a. Go Big Recruiting may terminate your Account or block your
access to the Website immediately upon notice if: (i) you have failed to
comply with any of the terms or conditions of these Terms of Use or any
policies established by Go Big Recruiting; (ii) you have failed to timely make
any payment due to Go Big Recruiting in connection with your Account; or (iii) Go
Big Recruiting reasonably suspects that you may be otherwise misusing the Website
or that your actions may be illegal or cause liability, harm or disruption for
you, other users of the Website, Go Big Recruiting or the Website.
b. If you become a Member, you may terminate your
account by logging into your Account, editing your profile to delete your Account,
and paying any and all fees or other amounts outstanding with respect to your
account.
c. Any suspension, termination or cancellation shall not affect your obligations to Go Big Recruiting under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
d. All payments for services hereunder are final and non-refundable.
10. Miscellaneous.
a. Governing Law. Any disputes arising out of or related to the use of the Website or these Terms of Use will be governed by the law of the State of Ohio, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to use of the Website or these Terms of Use shall lie in the appropriate federal or state court in Hamilton County, Ohio.
b. Severability. The invalidity or unenforceability of any provision of these Terms of Use will not affect the other provisions hereof, and these Terms of Use will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.
c. Entire Agreement. These Terms of Use represent the entire agreement between Go Big Recruiting and you with respect to use of the Website.
d. Limitation on Causes of Action. Any cause of action you may have with respect to use of the Website must be commenced within one (1) year after the claim or cause of action arises.
e. Contact/Address for Legal Notice. Except for copyright notices, referred to in Section 4 of these Terms of Use, all questions, comments and legal notices should be submitted to:
Go Big Recruiting
9533 Old Route 22
Bethel Business Center #203
Bethel, PA 19507
Attn: Legal