Real Time Athletes, Inc. Universal Terms of Service Agreement
These websites, www.realtimeathletes.com, fastpitchrecruits.com, athpro360.com, athpro360camps.com, athtrain360.com, baseballrecruitsnetwork.com, myrecruitadvisor.com, TourneyEngine.com, USAScoutWire.com (the "Sites," including all subdomains), are all copyrighted work belonging to Real Time Athletes, Inc. ("we," "us," and "our"). These terms of service (the "Terms") govern your access to and use of the services available on all/any of these Sites (the "Services"). Specific features of these Sites may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference.
Real Time Athletes, Inc and FastPitchRecruits.com and BaseballRecruitsNetwork.com, MyRecruitAdvisor.com and AthPro360.com and USAScoutWire.com and TourneyEngine.com provide online data services to Youth-Athletes, Parents, Teams, Adult Athletes, Sports Organizations, Sports Enthusiasts. AthPro360.com, AthPro360camps.com, FastPitchRecruits.com, BaseballRecruitsNetwork.com are all products and services owned by Real Time Athletes, Inc.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Real Time Athletes, Inc., a/an Delaware corporation, hereafter referred to as RTA and you, the user of any of our products, services, or website or websites, including but not limited to athpro360.com, athpro360camps.com, athtrain360.com, fastpitchrecruits.com and baseballrecruitsnetwork.com, tourneyengine.com, usascoutwire.com and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of RTA products and services (individually and collectively, the “Services”) purchased or accessed through RTA or the RTA websites including but not limited to athpro360.com, athpro360camps.com, athtrain360.com, fastpitchrecruits.com and baseballrecruitsnetwork.com (the “Sites”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through RTA or the Sites.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to RTA. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
RTA, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Sites. You acknowledge and agree that (i) RTA may notify you of such changes or modifications by posting them to the Sites and (ii) your use of the Sites or the Services found at the Sites after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Sites or the Services found at the Sites. In addition, RTA may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. RTA assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
The Sites and the Services found at the Sites are available only to Users who can form legally binding contracts under applicable law. Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian. Children under the age of 13 should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, RTA finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. RTA shall not be liable for any loss or damage resulting from RTA reliance on any instruction, notice, document or communication reasonably believed by RTA to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, RTA reserves the right (but undertakes no duty) to require additional authentication from you.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of the Sites or use some of the Services found at the Sites, an Account must be created in your name. You represent and warrant to RTA that all information submitted to your Account is accurate, current and complete and that you will keep your Account information accurate, current and complete. If RTA has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, RTA reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, RTA recommends that you change your password at least once every six (6) months. You must notify RTA immediately of any breach of security or unauthorized use of your Account. RTA will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss RTA or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting the Sites from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting the Sites and communicating electronically with us, you consent to such transfers.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
RTA reserves the right to modify, change, or discontinue any aspect of the Sites or the Services found at the Sites, including without limitation prices and fees for the same, at any time.
YOUR USE OF RTA CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of RTA Content and User Content posted to RTA’s corporate websites (i.e., those sites which RTA directly controls or maintains including but not limited to fastpitchrecruits.com and baseballrecruitsnetwork.com).
RTA Content. Except for User Content, the content on the Sites and the Services found at the Sites, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“RTA”), are owned by or licensed to RTA in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. RTA Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of RTA. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. RTA reserves all rights not expressly granted in and to the RTA Content, the Sites and the Services found at the Sites, and this Agreement does not transfer ownership of any of these rights.
User Content. Some of the features of the Sites or the Services found at the Sites may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to the Sites or to the Services found at the Sites, you represent and warrant to RTA that (i) you have all necessary rights to distribute User Content via the Sites or via the Services found at the Sites, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owners of the User Content, and (ii) you do not violate the rights of any third party. You may not download, copy, republish, distribute, prepare derivative works, publicly display or otherwise use the content other than as explicitly permitted herein. In addition, You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RTA without the express written consent of RTA. You may not use any meta tags or any other "hidden text" utilizing RTA's name or trademarks without the express written consent of RTA. You may not use any RTA logo or other proprietary graphic or trademark as part of a link without express written permission.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of the Sites or the Services found at the Sites (including without limitation those features that prevent or restrict use or copying of any RTA Content or User Content) or enforce limitations on the use of the Sites or the Services found at the Sites, the RTA Content or the User Content therein.
RTA’s USE OF USER CONTENT
The provisions in this Section 6 apply specifically to RTA’s use of User Content posted to RTA’s corporate websites (i.e., those sites which RTA directly controls or maintains including but not limited to athpro360.com, athpro360camps.com, athtrain360.com, fastpitchrecruits.com, and baseballrecruitsnetwork.com).
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for distributing it.
With Respect to User Submissions. You acknowledge and agree that:
RTA shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to the Sites, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to the Sites for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions).
However, if you post or publish your User Content to the Sites, you authorize RTA to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by the Sites and this Agreement. Accordingly, you hereby grant RTA a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with the Sites and RTA’s (and RTA’s affiliates’, and or vendors) business(es), including without limitation for promoting and redistributing all or part of the Sites in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of the Sites a non-exclusive license to access your User Content through the Sites and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of the Sites and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Sites. You understand and agree, however, that RTA may retain, distribute, display, or perform server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
RTA generally does not pre-screen User Content. However, RTA reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. RTA may remove any item of User Content and/or terminate a User’s access to the Sites or the Services found at the Sites for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by RTA in its sole and absolute discretion), at any time and without prior notice. RTA may also terminate a User’s access to the Sites or the Services found at the Sites if RTA has reason to believe the User is a repeat offender. If RTA terminates your access to the Sites or the Services found at the Sites, RTA may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
ADDITIONAL RESERVATION OF RIGHTS
RTA expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any user and or account) for any reason (as determined by RTA in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by RTA in offering or delivering and or billing any Services, (ii) to protect the integrity, stability, or functionality of the website, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of RTA, its officers, directors, employees, and agents, as well as RTA’s affiliates or vendors.
RTA expressly reserves the right to review every Account for excessive space and bandwidth utilization and to terminate or apply additional fees to those Accounts that exceed allowed levels.
NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by RTA’s Anti-Spam Policy referenced above and available here. You agree RTA may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk emails. In addition, if actual damages cannot be reasonably calculated then you agree to pay RTA liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
MOBILE APPLICATION LICENSE
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
LINKS TO THIRD-PARTY WEBSITES
The Sites and the Services found at the Sites may contain links to third-party websites that are not owned or controlled by RTA. RTA assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, RTA does not censor or edit the content of any third-party websites. By using the Sites or the Services found at the Sites, you expressly release RTA from any and all liability arising from your use of any third-party website. Accordingly, RTA encourages you to be aware when you leave the Sites or the Services found at the Sites and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
U.S. GOVERNMENT RIGHTS
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) 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; and (6) 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 upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
1580 W. El Camino Real Suite 9
Mountain View, CA 94040
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES AND THE SERVICES FOUND AT THE SITES SHALL BE AT YOUR OWN RISK AND THAT THE SITES AND THE SERVICES FOUND AT THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. RTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, AND/OR (III) THE SERVICES FOUND AT THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, AND RTA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITES OR THE SERVICES FOUND AT THE SITES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of the Sites or the Services found at the Sites.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (III) THE SERVICES FOUND AT THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITES OR THE SERVICES FOUND AT THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RTA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to the Sites or the Services found at the Sites must be commenced within 3 months after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall RTA’s total aggregate liability exceed the total amount paid by you for the particular Service’s that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of the Sites or the Services found at the Sites.
You agree to protect, defend, indemnify and hold harmless RTA and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by RTA directly or indirectly arising from (i) your use of and access to the Sites or the Services found at the Sites; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Sites or the Services found at the Sites.
FEES AND PAYMENTS
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased at the Sites at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. RTA expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Sites and effective immediately without the need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Where refunds are issued, RTA's issuance of a refund receipt is confirmation that RTA has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.
Except as prohibited in any product-specific agreement, you may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined below), For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services. Please Note: All monthly payment plans are for the purchase of the service. They are not a subscription! The entire amount is due and payable regardless of any other circumstance. If payment is interrupted, stopped, or delayed beyond the current billing date the entire remaining balance is due at that time.
In addition, RTA may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, RTA will automatically update your payment profile on your behalf. RTA makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal, or recurring billing options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and RTA shall not be liable to you or any third party regarding the same.
If for any reason RTA is unable to charge your Payment Method for the full amount owed for the Services provided, or if RTA is charged a penalty for any fee it previously charged to your Payment Method, you agree that RTA may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason RTA is unable to charge your credit card with the full amount owed for the Services provided, or if RTA is charged back for any fee it previously charged to the credit card you provided, you agree that RTA may pursue all available lawful remedies in order to obtain payment. You agree that the remedies RTA may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any account or services. RTA reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks RTA may perform outside the normal scope of its Services, (ii) additional time and/or costs RTA may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by RTA in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with RTA. In addition, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for one (1) year or more for any reason, and (i) RTA is unable to issue payment to such customer or (ii) RTA issued payment to such customer in the form of a paper check, but the check was never cashed, then RTA will charge a $25.00 per month service fee until RTA is contacted by you or the credit is exhausted whichever comes first.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMPLIANCE WITH LOCAL LAWS
RTA makes no representation or warranty that the content available on the Sites or the Services found at the Sites are appropriate in every country or jurisdiction, and access to the Sites or the Services found at the Sites from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the Sites or the Services found at the Sites are responsible for compliance with all local laws, rules, and regulations.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Ventura County, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to) jurisdiction and venue in the state and federal courts of Ventura County, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Real Time Athletes AthPro360.com, FastPitchRecruits.com, Baseballrecruitsnetwrok.com, My Recruit Advisor, USA ScoutWire and all of our affiliates are fully compliant with NCAA eligibility rules and operates under NCAA bylaw 220.127.116.11., which states, “Talent Evaluation Services and Agents. A prospect may allow a scouting service or agent to distribute personal information (e.g., high-school academic and athletics records, physical statistics) to member institutions without jeopardizing his or her eligibility, provided the fee paid to such an agent is not based on placing the prospect in a collegiate institution as a recipient of institutional financial aid.”
AthPro360.com and FastPitchRecruits.com are fully compliant with the new Legislation, Bylaw 18.104.22.168, which regulates Recruiting or Scouting Services. Our data is made available to all institutions desiring to subscribe and at the same fee rate for all subscribers. Every college and university have access to our Athletic Recruiting Network for free! College coaches can click here to register for the Recruiting Management System and start connecting with potential recruits! We publicly identify the subscription rates for players and team coaches here. All players and team coaches can sign up for a FREE plan. We are a National Service that reflects a national geographical scope and is available to all players, team coaches and college coaches. Any detailed analysis or individual evaluation of any player in our system including any ratings or rankings are available publicly and to all college coaches free of charge. College coaches can observe prospective student-athletes via video (e.g., live streaming video, recorded video) since our services make all videos uploaded by players and teams available to the general public on our website and all services, including video, are free for all college coaches to access through our site.
USERS CONSENT TO PUBLISH INFORMATION, HOLD HARMLESS AND INDEMNIFICATION
As used below, “RTA” shall mean Real Time Athletes, Inc. and its sites including but limited to athpro360.com, athpro360camps.com fastpitchrecruits.com and basbeallrecruitnetwork.com, and its officers, directors, employees, agents, successors, licensees and assigns. I desire to post my personal, academic and athletic history or information including but not limited to team, player, coach, school selection etc. (the “Information”) on the RTA websites (the “Sites”) in order to make the Information available to colleges, coaches, and others with access to the Sites. I understand that RTA is providing a means to publish the Information and will not be my agent in the scholarship process and that RTA makes no warranty or representation as to my success in obtaining a scholarship. I hereby consent to RTA posting the Information on its website, and I do hereby grant to RTA the right to use, reproduce, and distribute the Information to those with access to the RTA website. I further grant to RTA the right to use my name, athletic history, recruiting results, and photographs or videos containing my likeness in any and all media without limitation, for advertising, promotion and any other use in connection with RTA’s business at its sole discretion. I expressly acknowledge that I am solely responsible for the Information posted on the Sites and that RTA reserves the right to edit or delete any such information that it, in its sole discretion, deems inappropriate or misleading. I agree that I will not post to the Sites personal, academic and athletic history or information concerning any other individual. I acknowledge that I am responsible for understanding and following all NCAA and NAIA rules pertaining to eligibility. I hereby indemnify and hold RTA harmless from and against any and all claims, liabilities, demands, and actions, causes of action, costs and expenses arising from or in any way related to the Information or my use of the Sites. I unconditionally release RTA from and against any and all claims, liabilities, demands, and actions, causes of action, costs and expenses arising from RTA’s use of the Information in its business. I understand that I will have access to information compiled by RTA as part of its service, which may include information on coaches, college recruitment programs and the like. I understand that such information is confidential and not for public distribution. I agree that for a period of two years from the date I agree to these terms that I will keep this information confidential and will only share it with my immediate family members and others who are actively assisting me in the recruiting process. I represent that I am at least eighteen (18) years of age, or if an athlete is under 18 years of age, I represent and warrant that I am the parent or legal guardian of the above-signed minor (“Minor”). I have read the foregoing agreement and I consent to its execution by the Minor. I agree that all of its terms and conditions of the foregoing agreement are incorporated into this Agreement by reference and that I am bound thereto. I agree that neither the Minor nor I will revoke or disaffirm the foregoing agreement or this agreement at any time. I agree to indemnify and hold RTA harmless from and against any and all claims, liabilities, costs or expenses, including reasonable attorney’s fees that may arise from the breach or alleged breach by the Minor or by me of the foregoing agreement or of this agreement.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Real Time Athletes, Inc.
501 Reino Rd.
Thousand Oaks, CA 91320
Phone: (US)(484) 462-7360
To ALL Teams & Individual Players & Spectators participating in any of our related skill evaluation or athletic testing events
Athletic Testing with any of our affiliates or partners (the “Test Partners”) Release and Waiver of claims and liabilities and leaderboard permission. Upon registering to be tested or by participating in this or any other Test Partners event you agree to these terms and conditions. These terms are part of your online registration and acceptance into the event:
BY ACCEPTING TO BE TESTED, I, for myself, my heirs, personal representatives or assigns, hereinafter collectively referred to as (“Guardian”), do hereby release, waive, discharge, and covenant not to sue AthPro360.com, FastPitch Recruits LLC, TourneyEngine, USA Scoutwire, Real Time Athletes Inc. (RTA), collectively referred to as (“RTA”), its Test Partners, directors, officers, employees, coaches, sponsors, and agents from liability from any and all claims including the negligence of the Test Partners or RTA, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, competition, practices (formal and informal), observation, and use of facilities, premises, or equipment. I understand and agree that my scores will automatically be added to my AthPro360.com online athletic profile and to the national leaderboard and college scouts are able to search and find my scores for recruiting purposes. RTA owns all rights to all data on our sites.
Assumption of Risks: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. RTA and Test Partners owns rents and uses facilities and equipment for and provides for activities such as weightlifting, running, aerobic activities, classes, competition, practices and various other sporting activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death.
Refund Policy for all Athletic Testing and or Skill Evaluation Events: For all AthPro360 testing and or evaluation events, the following Refund Policy will be in effect. Player cancellations made more than 12 days prior to a scheduled event for any reason – including but not limited to personal emergency, college/school verbal commitment, schedule changes, and travel delays – will result in the payment being transferable to another comparable AP360 test or eval event within a 12-month period. For all cancellations made less than 12 days prior to the event, no refunds will be permitted, and no monies will be applied to future events.
In the case of inclement weather that makes it impossible for the AP360 staff to complete the testing process and or evaluation process, AP360 will make every attempt to modify the schedule to allow for completion of an adequate evaluation of all attending players. If an event session is completely canceled due to inclement weather, AP360 will make every attempt to reschedule the canceled event within a reasonable time frame. If the event cannot be rescheduled, then 50% of a player’s fee will be applied to a future event provided the future event is within 12 months of the canceled event.
CONSENT TO PUBLISH INFORMATION, HOLD HARMLESS AND INDEMNIFICATION: As used below, “RTA” shall mean Real Time Athletes, Inc. and its sites including but limited to athpro360.com, athpro360camps.com fastpitchrecruits.com and basbeallrecruitnetwork.com, USA ScoutWire, Tourney Engine and its Test Partners, officers, directors, employees, agents, successors, licensees and assigns.
I desire to post my personal, academic and athletic history or information including but not limited to team, player, coach, school selection etc. (the “Information”) on the RTA websites (the “Sites”) in order to make the Information available to colleges, coaches, and others with access to the Sites. I understand that RTA is providing a means to publish the Information and will not be my agent in the scholarship process and that RTA makes no warranty or representation as to my success in obtaining a scholarship.
I hereby consent to RTA posting the Information on its website, and I do hereby grant to RTA the right to use, reproduce, and distribute the Information to those with access to the RTA website. I further grant to RTA the right to use my name, athletic history, recruiting results, and photographs or videos containing my likeness in any and all media without limitation, for advertising, promotion and any other use in connection with RTA’s business at its sole discretion.
I expressly acknowledge that I am solely responsible for the Information posted on the Sites and that RTA reserves the right to edit or delete any such information that it, in its sole discretion, deems inappropriate or misleading. I agree that I will not post to the Sites personal, academic and athletic history or information concerning any other individual. I acknowledge that I am responsible for understanding and following all NCAA and NAIA rules pertaining to eligibility. I hereby indemnify and hold RTA harmless from and against any and all claims, liabilities, demands, and actions, causes of action, costs and expenses arising from or in any way related to the Information or my use of the Sites.
I unconditionally release RTA from and against any and all claims, liabilities, demands, and actions, causes of action, costs and expenses arising from RTA’s use of the Information in its business.
I understand that I will have access to information compiled by RTA as part of its service, which may include information on coaches, college recruitment programs and the like. I understand that such information is confidential and not for public distribution. I agree that for a period of two years from the date I agree to these terms that I will keep this information confidential and will only share it with my immediate family members and others who are actively assisting me in the recruiting process.
I represent that I am at least eighteen (18) years of age, or if an athlete is under 18 years of age, I represent and warrant that I am the parent or legal guardian of the above-signed minor (“Minor”). I have read the foregoing agreement and I consent to its execution by the Minor. I agree that all of its terms and conditions of the foregoing agreement are incorporated into this Agreement by reference and that I am bound thereto. I agree that neither the Minor nor I will revoke or disaffirm the foregoing agreement or this agreement at any time. I agree to indemnify and hold RTA harmless from and against any and all claims, liabilities, costs or expenses, including reasonable attorney’s fees that may arise from the breach or alleged breach by the Minor or by me of the foregoing agreement or of this agreement.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by the Test Partners. I hereby assert that participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD RTA and its Test Partners, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in any activities related to RTA and/or Test Partners events and to reimburse RTA for any such expenses incurred by any claims made by me covered by this agreement.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, I fully understand its terms, and understand that I am giving up substantial rights, including my right to and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I accept these terms by accepting to be tested at this or any other Test Partners event.
I accept these terms by accepting to be tested at this or any other Test Partners event.