Effective: February 17, 2021
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
CHANGES TO THE TERMS OF SERVICE
We may modify the 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 the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also 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 the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
ELIGIBILITY TO USE REALRECRUIT
To access or use the Site, you must be 14 years or older and have the requisite power and authority to enter into these Terms. Use of RealRecruit by individuals under the age of 18 years of age may be governed by N. C. Gen. Stat. § 48A-11, et seq. and/or similar statutes in other jurisdictions. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. If you are an Institutional User (as defined below), RealRecruit is for your use in accordance with your written license agreement with RealRecruit. If you are student or other visitor to the site, RealRecruit is for your personal, non-commercial use. 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. If you wish to make commercial use of RealRecruit, you must enter into a separate agreement in writing with us to do so.
RealRecruit 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 RealRecruit 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. RealRecruit reserves the right to immediately terminate access by any individual suspected to be acting as or on behalf of any Agent.
YOUR REALRECRUIT ACCOUNT
- RealRecruit Account. In order to become a member of RealRecruit (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. Passwords are subject to cancellation or suspension by RealRecruit at any time.
- Social Sign In. If you access RealRecruit through a social networking site, such as Facebook, LinkedIn, Google+ (“Social Networking Site”), you agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials accessible through RealRecruit that you have provided to and stored in your Social Networking Site account so that it is available on and through RealRecruit via your Account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access RealRecruit, personally identifiable information that you post to that Social Networking Site may be displayed on RealRecruit. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
OUR USE OF REALRECRUIT
- Rules of Conduct. You will use RealRecruit 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.
You will not:
- Use any information obtained from RealRecruit in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member, user, or visitor without their prior explicit consent;
- Introduce software or automated agents to RealRecruit, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from RealRecruit;
- Interfere with, disrupt, or create an undue burden on RealRecruit or the networks or services connected to RealRecruit;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of RealRecruit.
- Links to Third-Party Websites. RealRecruit may contain links to third-party websites placed by us as a service to those interested in this information or posted by other Members. 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 RealRecruit, our terms and policies no longer govern.
- Third-Party Content on RealRecruit. Certain content from other Members, visitors, advertisers, and other third parties is made available to you through RealRecruit. (“Content”) means any work of authorship or information, including school reviews, school photos, school profile information, advertisements, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials you find on RealRecruit. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, ads, or the school information provided anonymously by other Members; (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other visitors, schools, advertisers, and third parties.
- In accordance with Section 230 of the U. S. Communications Decency Act, we generally cannot be held liable for claims arising from the Content provided by third parties on RealRecruit.
SHARING YOUR CONTENT ON REALRECRUIT
- Your Responsibility for Your Content. You are solely responsible for any and all Content that is posted through your account on RealRecruit (“Your Content”), as well as the representations you make to us about Your Content. You agree that by submitting Your Content to RealRecruit, you have reviewed and agree to abide by our Community Guidelines.
- 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 RealRecruit you understand and agree that any information you provide will be accessible by every visitor of RealRecruit.
- 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 circumventmanufacturer-installedcopy-protectiondevices, 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-disclosureor other contractual restrictions or rights of any third party, including any current or former schools or potential schools;
- Implies a RealRecruit 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 SCHOOLS, COLLEGES, ACADEMIC INSTITUTIONS, OR ATHLETIC TEAMS OR ORGANIZATIONS.
Visitors or Members that are schools, colleges, academic institutions, or athletic teams or organizations (“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.
SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS
This provision applies to all advertisers, including Institutional Users who purchase display ads. Unless we agree otherwise, you may not use data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting visitor profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from visitors if you provide clear notice to and obtain consent from those visitors and comply with all applicable laws and industry guidelines.
ENFORCEMENT BY REALRECRUIT
- Removal of Content. While RealRecruit has no obligation to do so, RealRecruit reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on RealRecruit (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on RealRecruit that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: “Inappropriate” or “Flag Review”) or by contacting us here. Once notified, we will review the Content and consider whether to remove or modify it. Please note: 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. For more information please see our Legal FAQs.
- Copyright Policy. RealRecruit has adopted the following policy toward copyright infringement on RealRecruit in accordance with the Digital Millennium Copyright Act (the “DMCA”). It is our policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of DMCA and used on RealRecruit in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- An identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on RealRecruit;
- Your address, telephone number, ande-mailaddress;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Ultimately, you bear the responsibility for any Content you submit to RealRecruit. RealRecruit bears no responsibility for the implications, whether social, contractual, legal or otherwise, for any of your Content. Govern yourself accordingly.
If you feel that content has been taken down inappropriately please contact our Copyright Agent who will provide information on the requirements and procedure for filing a counter-notification with us.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
- RealRecruit, LLC.
- e-mail: email@example.com
- 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 RealRecruit (or modifying it); suspending your rights to use RealRecruit; 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.
RIGHTS TO YOUR CONTENT
We do not claim ownership in any Content that you submit to RealRecruit, but we do have the right to aggregate the information that you submit with data of other users and we claim ownership in that aggregated data. Further, to be able to legally provide RealRecruit to our visitors, we have to have certain rights to use such Content in connection with RealRecruit, as set forth below. By submitting any Content to RealRecruit, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you post through RealRecruit. You should only submit Content to RealRecruit that you are comfortable sharing with others under the terms and conditions of these Terms.
RIGHTS TO REALRECRUIT CONTENT
RealRecruit contains Content provided by us and our licensors. We and our licensors (including other visitors) own and retain all proprietary (and intellectual property) rights (as applicable) in the Content we each provide, separately, and RealRecruit owns and retains all property rights in RealRecruit. If you are a visitor, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print publicly accessible Content from RealRecruit but solely for your personal use in connection with using RealRecruit. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on RealRecruit or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to RealRecruit. The trademarks, logos and service marks (“Marks”) displayed on RealRecruit are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
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 RealRecruit 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.
You are solely responsible for your interactions with advertisers and other visitors and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or visitor of RealRecruit. We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on RealRecruit, whether caused by visitors or by any of the equipment or programming associated with or utilized in RealRecruit. 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 RealRecruit 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 RealRecruit. Under no circumstances shall we be responsible for any loss or damage resulting from use of RealRecruit or from any Content posted on RealRecruit or transmitted to visitors, or any interactions between visitors of RealRecruit, whether online or offline.
Content and interactions on RealRecruit may be subject to NCAA guidelines and requirements for, among other things, amateurism, fairness and integrity. RealRecruit bears no responsibility for any consequences of interactions or Content posted on RealRecruit 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 RealRecruit. Your access to RealRecruit may be immediately terminated upon the suspicion that you are using RealRecruit to circumvent any laws or regulations or to shield information from public view when such public view is allowable and compelled by law.
RealRecruit 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) RealRecruit will meet your requirements; (2) RealRecruit will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of RealRecruit 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 RealRecruit, 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 REALRECRUIT, 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 REALRECRUIT (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 RealRecruit 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 RealRecruit, 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 RealRecruit. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
CHANGES TO TERMS
We may revise these Terms from time to time by posting an updated version on RealRecruit and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of RealRecruit is subject to the most current effective version of these Terms.
- 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 RealRecruit, 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 RealRecruit. 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 Northern 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 RealRecruit 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 the 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 the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with RealRecruit’s 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 the Terms, the word “including” means “including but not limited to.” Please contact us with any questions regarding these Terms at
- RealRecruit, LLC.
- e-mail: firstname.lastname@example.org