Last Updated: October 13, 2022
CHANGES TO THESE TERMS
We may modify these Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of RealResponse is governed by the Terms effective at the time of your access to or use of RealResponse. We will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of RealResponse after the effective date of modifications to the Terms indicates your acceptance of the modifications.
ELIGIBILITY TO USE REALRESPONSE
To access or use RealResponse, you must be 14 years or older and have the requisite power and authority to enter into these Terms. You may not access or use RealResponse if you are a competitor of ours or if we have previously banned you from RealResponse or closed your account. For Visitors or Members that are schools, colleges, academic institutions, or athletic teams or organizations (“Institutional Users”), RealResponse is for your use in accordance with your written license agreement with us.
YOUR REALRESPONSE ACCOUNT
In order to become a Member, we require you to register an account (“Account”) by setting up a Member name and password. Other registration requirements (such as the requirement to submit information including, but not limited to: location, age, alma mater, favorite collegiate athletic teams) may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your Account and/or password. You are solely responsible for any and all use of your Account. Accounts are subject to cancellation or suspension by RealResponse at any time.
PERMITTED USE OF REALRESPONSE
You will use RealResponse solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws and regulations and other binding obligations (including contractual obligations) you may have towards third parties.
RealResponse facilitates communications among and between student athletes, prospective student athletes and schools, universities, or other institutions that may be subject to the requirements of amateurism established by the National Collegiate Athletic Association, Amateur Athletic Union, or other organization for which amateur status is required for participation. For this reason, access to RealResponse is specifically prohibited by any individual, organization, or entity engaged in the recruitment, promotion, or representation of athletes or individuals as an agent, attorney, or other representative (an “Agent”) in any way that may actually or apparently impact a visitor’s eligibility or status as an amateur. RealResponse reserves the right to immediately terminate access by any individual suspected to be acting as or on behalf of any Agent.
You will not:
- Use any information obtained from RealResponse in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member or Visitor without their prior explicit consent;
- Introduce software or automated agents to RealResponse, or access RealResponse so as to produce multiple accounts, generate automated messages, or to strip or mine data from RealResponse;
- Interfere with, disrupt, or create an undue burden on RealResponse or the networks or services connected to RealResponse;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of RealResponse.
If you are student or other visitor to RealResponse, you may use RealResponse for your personal, non-commercial use only. As a student, your submissions regarding an employee of the school that you attend or recently attended may become part of the personnel records of that school.
LINKS TO THIRD-PARTY WEBSITES
RealResponse may contain links to third-party websites. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave RealResponse, our terms and policies no longer govern.
SHARING YOUR CONTENT ON REALRESPONSE
Your Responsibility for Your Content. You are solely responsible for any and all content that is posted through your account on RealResponse (“Your Content”), as well as the representations you make to us about Your Content.
Representations Regarding Your Content. You represent and warrant that:
- You own Your Content or otherwise have the right to grant the license set forth in these Terms;
- Your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person;
- By providing or posting Your Content, you do not violate any binding confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former school or any potential schools;
- Any information you provide in a school review, school photo, school profile, or team profile is correct;
- Any information you provide about your current or past status as a student-athlete of a certain Collegiate Athletic Department is correct and complete.
Please do not provide any information that you are not allowed to share with others, including by binding contractual obligation or by law. By using the public facing portions of RealResponse you understand and agree that any information you provide will be accessible by every visitor of RealResponse.
Prohibited Content. You agree that you will not post any content that:
- Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; bullies, harasses or advocates stalking, bullying, or harassment of another person;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, or “spamming”;
- Is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
- Is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
- Contains identification information such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier;
- Solicits passwords or personally identifying information for commercial or unlawful purposes from other visitors;
- Except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
- Posts or distributes information which would violate any binding confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former schools or potential schools;
- Implies a RealResponse endorsement or partnership of any kind;
- Solicitation, recruitment, promotion, or representation, or the solicitation of athletes or individuals by or on behalf of any individual, firm, or entity engaged or seeking to serve as an Agent for any visitor or Member;
- Violates any amateurism requirement of the National Collegiate Athletic Association (“NCAA”) or any other organization that requires amateur status for its participants, members, or competitors;
- Otherwise violates these Terms, the terms of your agreements with us, or creates liability for us.
SPECIAL PROVISIONS APPLICABLE TO INSTITUTIONAL USERS
Institutional Users may not post any content that:
- Contains false information or solicits student-athletes by intentional misrepresentation, such as, misrepresentation of the terms of education, comments submitted by student-athletes, or the identity of the reviewer;
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads; or
- Constitutes an alleged, actual, or potential violation of the amateurism requirements set forth by the National Collegiate Athletic Association (“NCAA”) or any other organization for which participation, membership, or competition is based entirely or in part on the amateur status of any individual.
ENFORCEMENT BY REALRESPONSE
Removal of Content. While RealResponse has no obligation to do so, RealResponse reserves the right to review and delete (or modify) any of Your Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on RealResponse, or that we deem, in our sole discretion, inappropriate. If you see any content on RealResponse that you believe violates our policies, you may report that content by contacting us by email at the end of these Terms. Our interpretation of our policies and the decision whether or not to edit or remove content is within our sole discretion. You understand and agree that if we choose not to remove or edit content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing content from RealResponse (or modifying it); suspending your rights to use RealResponse; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Members. While we have no obligation to do so, we reserve the right to take appropriate action to protect the anonymity of our Members against the enforcement of subpoenas or other information requests that seek a Member’s electronic address or identifying information.
You acknowledge and agree that RealResponse is provided under limited license and access rights and not sold to you. You do not acquire any ownership interest in RealResponse under these Terms, or any other rights thereto other than to use RealResponse in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. RealResponse and all content and materials on RealReaponse, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of RealResponse, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to RealResponse, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from RealResponse, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available RealResponse, or any features or functionality of RealResponse, to any third party for any reason, including, without limitation, by making RealResponse available on a network where it is capable of being accessed by more than one device at a time.
UPDATES AND UNAVAILABILITY
We may from time to time, in our sole discretion, develop and provide RealResponse updates, which may include upgrades, bug fixes, patches or other error corrections, or new features. We may add or remove features or requirements and we may suspend or stop a feature altogether. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You agree that all updates will be deemed part of RealResponse and subject to these Terms. You acknowledge that RealResponse may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. We cannot, and does not, guarantee any specific minimum availability of RealResponse.
We welcome your feedback, testimonials, comments, ideas and reviews about RealResponse (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, (i) such Feedback shall be deemed to be non-confidential, and (ii) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and students, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising from your use of RealResponse and due to or arising from your breach of any provision of these Terms.
DISCLAIMERS AND LIMITATION ON LIABILITY
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
We are not responsible for any incorrect or inaccurate content (including any information in profiles) posted on RealResponse, whether caused by visitors or by any of the equipment or programming associated with or utilized in RealResponse. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other visitors. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on RealResponse or combination thereof, including any injury or damage to visitors or to any person’s computer related to or resulting from participation or downloading materials in connection with RealResponse. Under no circumstances shall we be responsible for any loss or damage resulting from use of RealResponse or from any Content posted on RealResponse or transmitted to visitors, or any interactions between visitors of RealResponse, whether online or offline.
Content and interactions on RealResponse may be subject to NCAA guidelines and requirements for, among other things, amateurism, fairness and integrity. RealResponse bears no responsibility for any consequences of interactions or Content posted on RealResponse that may have any impact upon the amateur status of visitors or Members, or compliance with NCAA regulations by Institutional Users, or other governing authority. You and you alone are responsible for maintaining your status as an amateur athlete and/or guaranteeing your compliance with any requirements or restrictions placed upon you by any governing authority.
Members and Institutional Users are encouraged to hold themselves to the highest levels of ethics, integrity and to act accordingly when using RealResponse. Your access to RealResponse may be immediately terminated upon the suspicion that you are using RealResponse to circumvent any laws or regulations or to shield information from public view when such public view is allowable and compelled by law.
RealResponse is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) RealResponse will meet your requirements; (2) RealResponse will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of RealResponse will be accurate or reliable.
You hereby release us, our officers, employees, agents and successors from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other visitors to or users of RealResponse, or (2) your participation in any of our offline events.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF REALRESPONSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF REALRESPONSE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U. S. DOLLARS ($100).
These Terms remain in effect while you use RealResponse and, additionally for Members, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of RealResponse, without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of RealResponse. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
Governing Law. Governing Law. This Agreement and any and all claims or disputes by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of RealResponse, shall be governed by the laws of the State of North Carolina without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim or dispute not subject to the Arbitration provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Mecklenburg County, North Carolina or the federal courts in the Western District of North Carolina, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND REALRECRUIT, LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND REALRECRUIT, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Arbitration. Except for a claim that we may have against you, any and all disputes between you and RealRecruit, LLC arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of RealResponse. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and RealRecruit, LLC must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Charlotte, North Carolina. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the claims or disputes that would otherwise have been arbitrated shall be exclusively brought in the state courts located in Mecklenburg County, North Carolina or federal courts located in the Western District of North Carolina, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes. Claims of infringement or misappropriation of RealRecruit, LLC’s patent, copyright, trademark, or trade secret shall be brought and litigated exclusively in the state courts located in Mecklenburg County, North Carolina or federal courts located in the Western District of North Carolina, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of RealResponse and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in these Terms, the word “including” means “including but not limited to.” Please contact us with any questions regarding these Terms at