There are age and other eligibility requirements for this Site. This Site is governed by and operated under U.S. law.
Modifications to this Agreement
Rules of Conduct
You agree not to use the Site in prohibited ways.
Deactivation/Termination of Your Registration or Use
You may deactivate your account at any time. We may terminate your use of, and/or registration on, the Site at any time for any or no reason.
Disclaimer and Limitation of Liability
You understand that the Site is made available "as is" and "as available" without any guaranty, representations and warranties. You understand that the Site and services disclaim any and all warranties regarding the Site and are not liable for any loss or damage of any kind relating to the Site or this Agreement. The Site is maintained on servers in the U.S.
Governing Law, Jurisdiction, Venue and Jury Trial Waiver
Any claim relating to your use of the Site and this Agreement is subject to exclusive jurisdiction and venue in the state or federal courts in the County of Dallas in the State of Texas. Texas laws apply.
ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENT.
This Site is designed and targeted to audiences residing in and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions ("U.S."). You must be at least 17 years of age or older ("Site Minimum Age") and reside in or attend, have attended or teach, played for or playing on a team, at a university or currently supported league organization in the U.S. (the "Site School and Team Requirements") to use this Site, but certain features on this Site may be subject to heightened age and/or other eligibility requirements. If you are not yet the Site Minimum Age or the required greater age for certain features, do not meet the Site School and Team Requirements and/or do not meet any other eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features, meet the Site School and Team Requirements, meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and us.
The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device").
MODIFICATIONS TO THIS AGREEMENT.
OWNERSHIP OF INTELLECTUAL PROPERTY.
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Site, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent from us if we are not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCT.
Your use of the Site is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You are also prohibited from using the Site (or attempting to use the Site, or allowing, enabling or condoning others to use the Site) in a manner that:
- is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- discusses us or in a clearly false or misleading manner, is unrelated to our products or services, or includes personal information of individuals or trade secrets;
- discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- uses the Site for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forges any TCP/IP packet header or part of the header information in any email, newsgroup posting or other posting for any reason;
- violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
- gains or enables unauthorized access to the Site or any of its features or functions, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site;
- modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Site or the use and enjoyment of the Site by any other person, firm or enterprise;
- collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
- except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site; or
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, "Posts" or "Postings"). If this Site provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.
Responsibility for Postings/Ratings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions.
You understand, acknowledge and agree that Postings/Ratings are the sole responsibility of the person from which such they originated. This means that you are solely and entirely responsible for the consequences of all Postings/Ratings that you (including, but not limited to, Postings/Ratings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Site. Except for the licenses, authorizations, consents and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on this Site), as comprehensive and broad as they may seem or actually be, the Site acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content.
Postings do not reflect the views of the Site and the Site does not represent or guarantee the truthfulness, accuracy or reliability of any Postings/Ratings or endorse or support any opinions expressed in any Postings/Ratings. The Site does not control any Postings/Ratings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings/Ratings in order to prevent unauthorized content from appearing and being displayed on our Site. We reserve the right to review, monitor, edit and/or screen any Postings/Ratings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings/Ratings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable, or for any reason whatsoever; provided, however, that we shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings/Ratings, you will not be responsible for any such changes we make.
If we determine, in our sole discretion and judgment, that any Posting/Rating does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings/Ratings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings/Ratings or any failure to store, receive or deliver Postings/Ratings in a timely manner or any other matter relating to Postings/Ratings. Postings/Ratings are subject to all of the terms of this Agreement, including, but not limited to, the Rules of Conduct.
Grant of Rights; Representations, Warranties and Covenants.
If a Posting /Rating originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting/Rating, you reaffirm such agreement that): (i) you specifically authorize the Site to use such Posting/Rating in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting/Rating is original to you and/or fully cleared for use as contemplated herein, (B) the Posting/Rating does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting/Rating does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting/Rating, and our exercise of the rights you grant to us to the Posting/Rating, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting/Rating shall not be injurious to the health of any user, (F) We shall not be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting/Rating is complete and accurate; and (iii) if your Posting/Rating incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to us that (A) you have the right to grant us the right to use all such Posting/Ratings as described above, (B) the Posting/Rating was produced in compliance with all applicable laws and regulations and (C) for any Posting/Rating that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting/Rating, we will reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes.
Upon the request of the Site or us, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
Notwithstanding anything to the contrary, you also understand and agree that we shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.
Claims Regarding Content.
If you believe that any content on the Site (including, without limitation, Posting/Ratings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), you may contact us via the Contact Us page (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Certain Rights of Removal for Postings.
Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Posting/Ratings on this Site that they themselves post by emailing us at XX . All requests must be submitted with "California Removal Request" as the category. All requests must provide a description of the content or information in your Posting/Rating that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly or may not be able to respond if you do not provide complete information.
CONTESTS, SWEEPSTAKES, VOTING RULES, AUCTIONS AND OTHER PROMOTIONS.
From time to time, the Site and/or its Advertisers, operational service providers and suppliers may conduct promotions on or through the Site, including, but not limited to, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion and/or other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.
HYPERLINKS TO THIRD PARTY SITES.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE.
If this Site offers user registration and you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by [how]. If you are unable to deactivate your account on this Site using this method or otherwise have questions about how to deactivate your account, please contact us at email@example.com
DISCLAIMER AND LIMITATIONS OF LIABILITY.
THIS SITE, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO HAVING US, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE FOR US, TO REFUND ANY MONIES ACTUALLY PAID BY YOU TO US FOR THE GOODS OR SERVICES INVOLVED AND TO TERMINATE AND DISCONTINUE YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SITE FOR ANY TRANSACTIONS OR POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold the Site, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you.
We reserves the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
ADS AND MALWARE.
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your Device may cause some glitches that affect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take actions (such as installing reputable third party antivirus software) which may help to clean your Device, and which could monitor or prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us via email at firstname.lastname@example.org.
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
Binding Arbitration and Exclusions from Arbitration.
Informal Dispute Resolution.
Except with respect to Claims described in the Section above, before either you or us pursue or participate in any Claim against the other party in arbitration or court proceedings, you or us must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to XX. We may send written or electronic notice of its Claim to your email address, Site account or any physical or other address we have for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described above, you and us agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and us do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth, or court as permitted.
Arbitration Proceedings and Costs.
In the event that the Parties are unable to resolve any Claim informally, then such Claim shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the office of JAMS at the location set forth, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). If you initiate the arbitration proceedings, you must send a copy of any initiating forms to us, which should be sent to us at the following address: XX Attention: XX. The parties agree that the costs of the arbitration (excluding attorney’s fees) will be shared pro rata to the extent permitted by law, except you agree to reimburse us for all fees associated with the arbitration (including attorney’s fees) paid by us in the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious. The arbitration shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow New York substantive law and the Federal Rules of Evidence in adjudicating the Dispute. In all cases, you and we shall exchange documents and other information that you or we intend to use in the arbitration. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any New York state or federal court with experience in matters involving the industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in New York County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
Class Action Waiver.
UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE, BOTH YOU AND US AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and us expressly agree that any Claim is personal to you and us, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and us, then this Agreement to arbitrate will be unenforceable. Neither you nor we consent to class arbitration.
Right to Opt Out of Mandatory Arbitration and Class Action Waiver.
IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, YOU MUST NOTIFY US IN WRITING (THE "Arbitration/Class Action Waiver Opt-Out Notice"), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:
- Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to XX, Attention: XX.
- Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the website(s), application(s) or other interactive services(s) along with an identification of the website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer you opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
- Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in the respective sections with respect to all websites, applications or other interactive services (including, but not limited to, those owned, operated and/or provided by Us. Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in previous sections.
GOVERNING LAW, JURISDICTION, VENUE AND JURY TRIAL WAIVER.
With the exception of the provision above that the enforceability is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of Texas (without regard to that state's conflict of laws rules).
You or us shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) We may request to transfer the arbitration to Dallas County, TX if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Dallas County, TX or (ii) if you do not agree to such request, we shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and us agree that any Claim that is allowed to proceed in court as set forth in this Agreement (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the State of Texas.
To the extent it may be applicable, you and we agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND US WAIVE ANY RIGHT TO A JURY TRIAL.
- Regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”);
- Whether you are accessing the Site as a registered user (if offered by the Site) or another user of the Site;
- To all Information (as that term is defined below) collected by the Site (as defined above)
- To our use of combined information if we combine Information (as that term is defined below) collected by the Site with other information we collect from other sources, such as information received from us (for example, information collected at a physical location), marketing companies or Advertisers; and
- Will remain in full force and effect even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason.
U.S. Governing Law
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.
If you are located outside of the U.S., you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.
What Information Is Collected.
When we use the term "Personal Information" we mean information that you provide us that identifies you or would allow someone to contact you, such as your full name, postal address, email address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you, including, but not limited to, Device and advertising identifiers and information collected through cookies or other Tracking Technologies or Identifiers (as those terms are defined below). Any Personal Information that is modified to remove your contact information and other information that identifies you or that is replaced with information that no longer identifies you or allows someone to contact you(for example, hashed email addresses or usernames) shall not be treated as Personal Information but shall be treated as Other Information after such modification. (Personal Information and Other Information shall be referred to, together, as “Information”.)
Information We Collect that You Provide Us.
Third Party Social Media Network Sign-On. If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register: Site Registration (as described below) and Third Party Social Media Network Sign-On (as described below). In each case, you are required to either use a pre-existing user name and password (together, your “User ID”) or select a new User ID.
For Site registration, you are required to select a User ID and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested and/or required during the registration process. After you have registered for the Site under Site Registration, we may recognize you when you visit certain other websites, applications or other interactive services across Devices to register for and login on such other websites, applications or other interactive services, but please note that other websites, applications or other interactive services may set additional or different requirements for membership, such as minimum age.
Third Party Social Media Network Sign-On
After you have registered for the Site through SMN, we may recognize you when you visit certain other websites, applications or other interactive services and permit you to register for and login on such other websites, applications or other interactive services.
Also note that, for your online privacy and security, if other people have access to your Device, we recommend you log out of your account after visiting any of the websites, applications or other interactive services that are associated with your account.
In Connection with Certain Features and Functions
We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to participate in commenting, shopping and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, if we offer e-Commerce services on this Site, if you order any of our goods or services through such services, in addition to your name and contact information, we (or our operational service providers that we use to provide the e-Commerce service) may also collect and/or maintain your billing address, shipping address, selections, credit card or other payment instrument information, order number and information about your computer's internet address and website which may have referred or directed you to the Site (e.g., the referring URL).
The Site may also provide features, functions and/or services powered by an SMN or other third party. For example, Information may be disclosed to an SMN through plug-ins offered by such SMN (such as Likes, Shares or commenting). Please take care when using any SMN or other third party service and familiarize yourself with the SMN’s or other third party’s policies and agreements, if any, that govern such use.
In Connection with Promotions such as Contests and Sweepstakes
The Site and/or third parties may use “cookies”, “web beacons”, Flash local shared objects and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web. "Cookies" are typically html or browser-based text or other files (and often referred to as browser cookies) that help store information, user preferences and/or user activity. “Web beacons” (also known as image tags, gif, tracking pixels or web bugs) are small pieces of code used to collect data, such as counting page views, promotion views or advertising responses. Flash local shared objects (“LSOs”) (sometimes known as Flash cookies and used if Adobe Flash is used) are text or other files that help store user preferences and/or activity.
These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site (such as your visits to the Site’s webpages, type of browser use, type of operating system used, date and time of viewing, use of our features and purchasing history or preferences) or other websites, applications or interactive services. Through these Tracking Technologies, we may collect such Other Information across multiple sessions on this Site and other websites, applications or other interactive services and may also collect or access your IP address (which is automatically assigned to any Device(s) and/or Device and Internet browser combination you use to access the Site) and/or set or access some other identifier unique to the Device(s), Device platform and/or Device-Internet browser combination you use to access the Site (“Identifier”). For example, we may set a unique alphanumeric Identifier unique to your home computer on Firefox, or access an Identifier provided by a mobile platform, such as the application or advertising Identifiers offered by Apple. Your Personal Information is not collected as part of this process, but we may combine any or all of the Other Information we collect using Tracking Technologies and associate it and/or Identifiers with your Personal Information and/or with other non-personally identifiable unique identifiers assigned by us or third parties.
The Site’s Use of Tracking Technologies to Collect Information
By visiting the Site, whether as a registered user or otherwise, you acknowledge and understand that you are giving us your consent to track your activities and your use of the Site and other websites, applications or interactive services through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you. See Your Choices section below for more information on how you can withdraw your consent for certain purposes.
We use Tracking Technologies to enable us to collect and then use Information as described in Section 4.2 “Other Information Collected by Us” under “How Is Collected Information Used” below. For example, we may use Tracking Technologies to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to tailor your experience on the Site by delivering relevant personalized advertising, email marketing and other content and to record if you have opted out of receiving personalized advertising from us.
Third Parties’ Use of Tracking Technologies to Collect Information
This Site may additionally use a variety of third party advertising networks, data exchanges, data management platforms, supply side platforms, ad exchanges, traffic or audience measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Service Providers”) to, for example, facilitate personalized advertisements (“Customized Advertising”) and/or other content, serve advertisements on the Site and/or measure and analyze advertising or content effectiveness and/or traffic on the Site. Customized Advertising enable us to, among other things, help deliver advertisements to you for products and services that you might be interested in based on your visits to the Site and other websites, applications or other interactive services you have visited.
Third Party Service Providers, as well as Advertisers and other third parties, may themselves set and access their own Tracking Technologies on your Device subject to your choices about those Tracking Technologies (see “Tracking Technologies set by Third Party Service Providers and Advertisers” section below and “More Information on Managing Tracking Technologies” section below) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use the Site.
We may also enlist the assistance of Third Party Service Providers so that the Site may set Tracking Technologies. For example, to the extent necessary to provide basic advertising serving services such as controlling how often you see advertisements or ensuring you do not see the same advertisement repeatedly, we may enlist the assistance of such Third Party Service Providers to create, customize or modify Tracking Technologies set by the Site. See below for more information on this Site’s use of Nielsen’s proprietary measurement software to collect and use video viewing metrics and other information.
Except to the extent necessary to provide services to the Site, Third Party Service Providers do not have access to Tracking Technologies set by the Site, but we may provide to Third Party Service Providers certain Other Information collected by Tracking Technologies set by the Site in order for the Site to provide Customized Advertising or in order for the Third Party Service Providers to provide other services to the Site, such as measuring or analyzing advertising or content effectiveness or traffic on the Site. For example, in order to analyze traffic on the Site, we may provide to our Third Party Service Providers certain information we collect about your interaction with the Site along with an Identifier so that the Third Party Service Provider may provide analytics services to the Site.
How Is Collected Information Used.
We use the Personal Information we collect from you in a variety of ways, including:
- Sending marketing and promotional emails, newsletters or, subject to the “Text Messaging Marketing and Promotions” Section below, text messages offering goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, us or third parties (for example, we may send you an email about a product sold by a third party);
- Processing your registration with the Site, such as verifying that your email address is active and valid;
- Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services you have ordered through e-Commerce services available on the Site or any other transactions you have undertaken with the Site;
- Allowing you to participate in the public areas and/or other features of the Site;
- Responding to your questions or other requests;
- Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on, and/or otherwise customizing what you see when you visit, the Site and/or other sites, applications or other interactive services across Devices whether owned, operated and/or provided by us or by third parties (for example, to provide recommendations on content or provide advertisements, emails or other content of more interest to you);
- Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Site;
- Otherwise to maintain and administer the Site and
- For other purposes disclosed at the time you provide the Personal Information (for example, as set forth in the Rules for any Promotions you enter).
Other Information Collected by Us
We use the Other Information we collect from you in a variety of ways, including:
- Keeping count of your return visits to the Site or Advertisers' or partners' sites, applications or other interactive services;
- Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
- Analyzing, determining or anticipating which features, webpages, products and services users like best to, among other things, help us operate the Site and/or other websites, applications or other interactive services, enhance and improve our services and the Site and/or other third party websites, applications or other interactive services and display advertising and marketing information on the Site and/or other third party websites, applications or other interactive services (for example, to provide ads of interest to you on the Site or third party sites, to analyze effectiveness of advertisements, to assess the appeal of certain content to our general site audience and to understand your interactions with email messages we send and the content contained in such messages (such as the links clicked on within marketing and promotional emails we send and whether such messages were opened or forwarded));
- Preparing statistics reports;
- Allowing you to participate in the public areas and/or other features of the Site (for example, to enable you to use shopping carts on the Site);
- Improving our services, the Site and/or other websites, applications or other interactive services and for internal business purposes;
- Tailoring your experience on, and/or otherwise customizing what you see when you visit the Site and/or other sites, applications or other interactive services across Devices whether owned, operated and/or provided by us or by third parties (for example, to provide recommendations on content or provide advertisements, emails or other content of more interest to you);
- Saving certain Other Information for use on your return visits to the Site and making your experience on this Site more convenient for you (for example, to recognize you by name when you return to the Site, to apply certain settings or preferences you have identified on this Site or other websites, to save your password in password-protected areas and to save your online game or video player settings);
- Using certain characteristics that you enter about yourself on the Site, such as age or gender, for tailoring the online advertising and/or other content that you see when you visit the Site or other websites, applications or other interactive services whether owned, operated and/or provided by us or by third parties, whether alone or in combination with other Information;
- Otherwise to maintain and administer the Site (for example, to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to record if you have opted out of receiving personalized content or using IP address to pre-populate registration fields to facilitate your sign-up);
- For the uses described for “Personal Information” above; and
- For other purposes disclosed at or before the time the Other Information is collected.
Other Information Collected by Third Party Service Providers and Advertisers
Opting-Out of Certain Uses of Personal Information.
In Connection with Newsletters, Marketing or Promotional Emails or Offers.
You may “opt-out” of receiving newsletters, marketing and promotional emails from the Site at any time by using the opt-out mechanism that is contained in each such email and by any other mechanisms that the Site may provide. Please note that when you opt-out of receiving these newsletters, marketing and promotional emails from us, you are not opting out of receiving marketing and promotional emails from other websites.
Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive newsletters, marketing and promotional emails from us unless you subsequently exercise your opt-out options above.
Certain Continuing Rights Regardless of Opt-Outs.
However, even if you exercise your opt-out rights above, we may continue to contact you for the other purposes described in the “How Is Collected Information Used” Section above, such as for maintenance and administrative purposes.
Your Choices with Respect to Tracking Technologies.
Tracking Technologies Set By Third Party Service Providers and Advertisers
Third Party Service Providers and Advertisers may collect Other Information about you when you visit this Site for Customized Advertising to help identify products and services that may interest you and deliver advertising and/or other content tailored to your interests. Your opt-out options regarding these Third Party Service Providers and Advertisers are described below.
You can opt-out of the use of Other Information for certain advertising purposes by using opt-out tools provided by Google’s DoubleClick tool at https://www.google.com/intl/en/policies/privacy/#infochoices and provided by certain other Third Party Service Providers as described in our Ad Choices link here. If you use such opt-out tools, your choices only apply to the Third Party Service Providers identified in such links. Please note that, if third party browser cookies are disabled (whether by you or automatically by the browser or Device) or you subsequently delete browser cookies, the opt-out choices you have exercised may not function and you may need to enable third party cookies or opt out again in order for your opt-out choices to function.
In addition to the Third Party Service Providers described above, these and other Third Party Service Providers and Advertisers may participate in the Network Advertising Initiative's Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising. For example, click here for more information on some Third Party Service Providers that we use to provide online behavioral advertising, sometimes called personalized advertising or tailored advertising. Please click on the links to these tools to learn more about your choices. Please note that, if third party browser cookies are disabled (whether by you or automatically by the browser or Device) or you subsequently delete browser cookies, the opt-out choices you have exercised may not function and you may need to enable third party cookies or opt out again in order for your opt-out choices to function.
You may also prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls for the Internet browser as described in More Information About Cookie Controls Please note that using those controls may affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs.
See the “More Information on Managing Tracking Technologies” section below for additional information about managing Tracking Technologies set by Third Party Service Providers and Advertisers and for information on your choices regarding Identifiers on mobile platforms.
Tracking Technologies Set By the Site
With respect to the Tracking Technologies set by the Site, you have a number of options:
You can prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls in your Internet browser as described in More Information About Cookie Controls section below. Please note that using those controls may affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs.
See the “More Information on Managing Tracking Technologies” section below for additional information about managing Tracking Technologies set by the Site and for information on your choices regarding Identifiers on mobile platforms.
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click our Ad Choices link here for more information about this Site and Customized Advertising.
Please note that if you exercise the Ad Choices opt-out above, that only applies to the use of the data for Customized Advertising and we may still use the data for other purposes described in “How is Collected Information Used” above, such as for video playhead tracking and to optimize your video experience.
More Information on Managing Tracking Technologies
With respect to the Tracking Technologies set by the Site, Third Party Service Providers and Advertisers, please note the following with respect to the above opt-out options:
Your Choices Regarding the Site’s Use of Information for Customized Advertising. You can prevent the Site’s use of Information collected through Tracking Technologies for Customized Advertising by exercising the opt-outs offered by Third Party Service Providers we use as described in our Ad Choices link here. Some of your options available in our AdChoices link may opt you out of receiving Customized Advertising across Devices.
More Information About Cookie Controls. For the following Internet browsers, you may prevent or exercise choices regarding browser cookies for a particular Device and Internet browser combination by using the controls described in the following:
- Internet Explorer 11
If your Internet browser is not listed above or you otherwise are having difficulties with the links, you may be able to access controls to:
Delete existing browser cookies through the “Internet Options”, “Settings”, Preferences”, “Options” or similar menu selection in your browser’s menu or otherwise as directed by your browser’s support feature, which means that all pre-existing browser cookies are deleted but does not prevent browser cookies from being used in the future.
Disable browser cookies through the same browser controls which means that browser cookies shall not be used in the future, but pre-existing browser cookies may not be deleted. Additional information on enabling or disabling browser cookies and other Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Disabling may sometimes be referred to as blocking or opting out of browser cookies and relies on browser cookies to remember your choices. If you delete browser cookies using the controls in your Web browser (as described above) after disabling browser cookies, you may have to disable browser cookies again to re-establish your preferences.
Choose to have the Device you use to access the Site warn you each time a browser cookie or certain other non-Flash LSO Tracking Technology is being set. (You can later choose to turn-off such warnings.) This may be available through your Internet browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
Seek additional information from the provider of your Internet browser through your browser’s support features.
The above options may cover browser cookies set by the Site, browser cookies not set by the Site (sometimes called third party cookies) and/or both types of browser cookies. PLEASE NOTE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE OPERATION OF THESE BROWSER COOKIE CONTROLS. ALSO, PLEASE NOTE THAT THESE BROWSER COOKIE CONTROLS ARE DIFFERENT FROM DO NOT TRACK OPTIONS THAT MAY ALSO BE OFFERED BY CERTAIN BROWSERS.
Many tools discussed above are “Internet browser cookie based.” This means that such tools rely on cookies to remember your choices. For example, if you delete Tracking Technologies using the controls in your Web browser after disabling such Tracking Technologies, you may have to disable such Tracking Technologies again to re-establish your preferences and, if you exercise opt-outs through the mechanisms described in our Ad Choices link, and then delete or block browser cookies, you may need to exercise your opt-outs through these mechanisms again.
The tools are “Internet browser and Device-specific” or “Device-specific” Note that when you exercise your options using controls for the Internet browser, your choices shall only apply to the specific Internet browser on that Device and not across Devices. This means, for example, that if you block or disable browser cookies for Internet Explorer 9 on one Device, this choice shall not block or disable browser cookies when you use Mozilla Firefox on the same Device or on a different Device using Internet Explorer 9. Further, you may need to separately exercise your options for other platforms, such as mobile platform (as described below). See our Ad Choices link here for more information about this Site and other options you may have regarding Customized Advertising across Devices.
Automatic Disabling of Third Party Cookies and Effect on Certain Opt-Outs. Some Device manufacturers and/or browsers (such as Safari) may preset their browser to automatically disable browser cookies from websites, applications or other interactive services other than those you visit directly (sometimes referred to as third party cookies) and, if so, the opt-out choices you have exercised with regard to third parties may not function and you may need to enable third party cookies in order for your opt-out choices to function. For example, unless you enable third party cookies on Safari, your opt-out choices made on the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising site and on the Network Advertising Initiative site may not function.
Limitations Regarding Web Beacons. Web beacons cannot be deleted or disabled using the above opt-out options but may be affected if such web beacons rely on browser cookies or other deleted or disabled Tracking Technologies to track your activities.
How to Manage Flash LSOs (sometimes known as Flash Cookies). CONTROL OF FLASH LSOS (SOMETIMES KNOWN AS FLASH COOKIES) MUST BE HANDLED SEPARATELY. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH LSOs TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR INTERNET BROWSER. Deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Service Providers and Advertisers and set by this Site through the above options shall not remove Flash LSOs. For more information about Flash LSOs and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html. If you remove Flash LSOs, you may not have access to certain features of the Site and some of our other services may not function properly.
Other Effects of Managing Tracking Technologies. In addition to the above, if you delete or disable Tracking Technologies set by the Site, the Site may no longer be able to offer certain features or functionality to you, such as remembering your preferences, remembering your username, saving your player settings or other purposes described in “Other Information Collected By Us” above, and some of our other services may not function properly. In addition to the above, if you disable or delete Tracking Technologies set by Third Party Service Providers and Advertisers (or if such Tracking Technologies are automatically disabled on your Device or browser), the Site may no longer be able to offer certain functionality to you, such as enabling SMN login or saving your player settings and certain services or advertisements may not work for such Devices or browsers.
Mobile Platforms. Certain mobile platforms, such as Apple or Google, may offer users choice regarding the Identifiers we, Third Party Service Providers or Advertisers may access and use, which may not be browser cookie based. We encourage you to review and understand the choices that such mobile platforms may provide to you regarding these Identifiers.
Certain Identifiers. Certain Identifiers we set may not be deleted, blocked or disabled using the above opt-out options, but may be affected if such Identifiers rely on, or are associated with, browser cookies or other Tracking Technologies.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not act in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for Customized Advertising purposes and the browser cookie controls and other mechanisms described within.
Sharing and Disclosure of Information.
Sharing and Disclosure of Personal Information.
We may disclose your Personal Information to third parties under the circumstances described below.
Disclosure for Marketing Purposes
We may disclose Personal Information for marketing, administrative and/or other purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.
Disclosure of Certain Information in Postings Intended to Be Disclosed
Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We shall disclose Posting Information in connection with the display of, and other services relating to, such Posting.
Disclosure In Connection with Co-Branded Services and Features
Disclosure to Operational Service Providers
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We shall refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Personal Information to operational service providers for the purpose of providing services to us.
Disclosure to Certain Other Third Parties
In addition to the above, we make your Personal Information available to certain third parties in the following limited circumstances:
- When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;
- In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate);
- In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us.
Sharing and Disclosure of Other Information
Reviewing, Updating or Deleting Information.
If you registered for this Site, generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site, logging into the Site and using the tools provided to edit such Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We shall allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and shall not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we shall provide to you an explanation of why access cannot be provided and contact information for further inquiries.
Children or Ineligible Teenagers
If we inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of the Site or certain features of this Site (“Ineligible Teenagers”), the child or Ineligible Teenager, or parent or legal guardian of the child or Ineligible Teenager (the “Parent”), may unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a Parent of a minor (a person under the age of 18, or the age of majority in your state).
Protection of Information.
While the Internet and data transmission over the Internet is not 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions, private communications or Information. While the Internet and data transmission over the Internet is not 100% secure from intrusion, we conduct financial transactions via secured transmissions. We also limit our employees’ access to Information collected by the Site to those individuals who are authorized for the proper handling of such Information and any employee found violating our standards of security and confidentiality shall be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ emails to lead consumers to counterfeit websites, or otherwise respond in a manner that is, designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at email@example.com, and then immediately delete the fraudulent email from your computer.
Your California Privacy Rights.
If you are a resident of the State of California, we provide you with notice and you may choose to disclose your Personal Information to third parties (such as Advertisers) for marketing purposes (see “Sharing and Disclosure of Personal Information” above). Therefore, pursuant to the California Civil Code, the notice and choice we provide regarding disclosure of your Personal Information to third parties for marketing purposes (and this Section) satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes. If you are a California resident and have additional questions on our sharing of your Personal Information with third parties for marketing purposes, you may send us your questions by email to the Privacy Administrator at firstname.lastname@example.org.
All requests must be labeled "Your California Privacy Rights" on the email subject line. For all requests, please clearly state that the request is related to "Your California Privacy Rights", include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly or may not be able to respond if you do not provide complete information.
Accuracy and Confidentiality
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who may access and use your Personal Information or for what purposes. We are in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues shall be available publicly, even without your knowledge or authorization. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all features within our Communities. If you use SMN, your profile may display Information to the general public, including display name, profile URL and your member relationships, unless and if the SMN allows you to make such Information private. Publicly displayed Information and Postings may be indexed by third party search engines and appear in search results on third party websites.
OUR POSTING PHILOSOPHY
This site is for student-athletes and coaches solely in the United States. The main focus of the reviews being on head coaches in the NCAA, NAIA, and the NJCAA. Your anonymous reviews will be strictly rating their performance as a coach. Only comment on personality if the personality affects performance. We don’t want student’s comments to be limited at all, but we do want them to abide by the guidelines and to keep it professional. You should be able to voice your opinions in a respectful manner while at the same time, not exposing yourself or this site to civil legal issues.¹
The website Rate My College Coaches (www.ratemycollegecoaches.com) is the premier online destination for student-athletes to research and rate college head coaches across the United States. Our mission is to provide a private platform, but also a thought-provoking forum to share unique and personal experiences to help fellow athletes make critical, athletic and educational choices.
Rate My College Coaches provides user-generated feedback on a college’s or university’s coaching staff and their respective performance and philosophies. Ratings should only be posted by users who have played for or who are currently playing for a coach. For each coach played for, users are limited to posting one (1) comment.
Rate My College Coaches strives to be a safe place to voice your opinions, it is, however, not the place to report or accuse someone of behaviors that may be illegal, dangerous or illicit. If you have cause for concern, or believe that you, another coach, or a student has been a victim, or is now a victim of such conduct, we advise you to report such incidences directly to campus police or law enforcement.
Rate My College Coaches screens every rating submitted. We have specifically-defined site guidelines to ensure decisions regarding removing a post are consistent with First Amendment protections and those that protect against libel and defamation litigation. However, if you think an inappropriate comment should be removed from the site let us know by flagging it for re-review and it will be immediately analyzed by our screeners. They will use a close reading of our guidelines to determine whether to remove the rating permanently or restore it to the website. We will never edit a rating nor remove a rating simply because it is a low score or negative review.
The key to posting is to be truthful in your reviews. We want you to be able to trust these reviews when evaluating a particular coach so we ask that your posts reflect the same attitude.
- When you are reviewing a coach, it’s best to provide pros and cons. This reads as a more credible and constructive feedback for others to balance their own views on.
- Reviews should focus specifically on the coach’s performance and its effect on you. Please do not comment on a coach’s appearance, dress, sexual-orientation, age, gender or race.
- Avoid hearsay. This is when you post something someone else told you about the coach. We want you to share your individual experience–not another person’s. However, always encourage others to submit their own reviews.
- This is not the place for debate or argument. Reviews that specifically reference another review will be removed. If you disagree with someone, then share your own insights that may be the antithesis to their view.
- Not all coaches are the perfect match for each person’s playing style. Tell us how a coach wasn’t the best fit for you in a way that helps others make their own decision.
- Angry posts will be immediately removed. Violations, such as profanity or falsely accusing a coach of a crime, will bar a reviewer for life. Always, before posting, take a breath and read over your words.
- We reserve the right to remove ratings that do not contain meaningful comments.
- Only one student review per coach is allowed. Spamming or dogpiling will lead to comment removal and the account being blocked from the site.
- As you read the reviews, we encourage you to use sound judgment. Weigh every review against the others. Acknowledge insightful posts and be wary of prejudicial ones. Online reviews should be only one of the many resources used when making a decision that will affect your athletic future.
Comments that contain the following will be removed and the reviewer possibly being blocked from the site:
- Profanity, name-calling, vulgarity, or derogatory remarks about religious affiliation, ethnicity or race, gender, physical appearance, mental and/or physical disabilities, sexual orientation, etc.;
- Identifying information that would allow someone to contact the coach or/student athlete outside of their school. This includes private phone numbers, email addresses, home addresses, etc.
- References to a coach’s or student’s family, personal life, sex life, including sexual innuendos;
- Claims that a coach shows bias for or against an athlete or specific group of athletes;
- Claims about a coach’s employment status, including previous employment;
- Claims that a coach is engaging in or has engaged in illegal activities;
- Direct references to other existing comments or comments that have been deleted;
- Accusations that the coach is rating him/herself or his/her colleagues;
- Comments must be written in English only;
- Hyperlinks or URLs;
- Advertisements or references to sponsorships.
- Any attempt at recruiting or enticing an athlete to transfer.
- Rate My College Coaches is an anonymous website where student-athletes can share their player experiences. We are unable to provide any data or personal information about the submitter of a review.
- We do not proactively add any coach. Every profile has been generated by our player community.
- We only remove a comment if it doesn’t comply with our site guidelines.
- Rate My College Coaches’ moderation team is not an arbiter of facts. If you disagree with the details mentioned in a review, please flag the review.
- If you believe that your profile is being spammed or dogpiled, please tell us. You can contact us here or at email@example.com.
- While it is against our guidelines for a coach to rate themselves, we recommend coaches to encourage their players to provide ratings each season. The more reviews you have, the more representative they will be.
- Coaches are subject to the same limitations regarding Prohibited Content, as set forth above.
FLAGGING A RATING
Click on the “report this rating” at the bottom of the comment and state the problem if you think a review violates the guidelines. Such comments will be analyzed pursuant to those guidelines by Rate My College Coaches’ staff. Please do not flag a rating just because you disagree with it. Over flagging may get you blocked from the site.
RESERVATION OF RIGHTS
The Communications Decency Act of 1996 (47 U.S.C. Sec. 230) creates a federal immunity to any cause of action making internet-service providers, like www.ratemycollegecoaches.com, liable for information originating from a third-party user of the service. Especially in regards to defamation, libel or false light accusations.
The law is crystal clear on this: Anyone who attempts to sue www.ratemycollegecoaches.com for the reviews posted by our members risks harsh penalties imposed by the court. These include financial sanctions and reimbursement of attorney’s fees for having to defend against a meritless lawsuit that ignores obvious legal protections for entities such as ours. People are allowed to write their “opinion” on matters, especially in regards to individuals who are in the public light. However, there are limitations. It is strongly encouraged you consult an attorney if you have any reservations.
The above articulated guidelines are provided for informational purposes only and do not constitute legal advice. If you have questions you are encouraged to seek out an attorney with expertise in this area of law.
How to Send a Notice of Copyright Infringement
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Email Address of Designated Agent: firstname.lastname@example.org
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site.
- 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
How to Send a Counternotice If Your Posting/Rating Was Removed in Response to a Notice of Infringement and You Believe the Posting/Rating Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting/Rating by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counternotice must be a written communication sent and must include substantially the following information:
- A physical or electronic signature of the subscriber (you the user).
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings/Ratings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.