Terms and Conditions
Last Modified on August 9, 2020
Please read our Terms carefully since they are legally binding to anyone who uses our Services regardless of whether you open an account on our Website. There are sections in our Terms which contain important information about use, rights, liability, and your obligations and matters related to disputes, including the exclusive use of arbitration to resolve disputes.
By agreeing to these Terms, you expressly acknowledge that you have read these Terms and agree to all terms and conditions herein. If you do not, or are unable to, agree to our Terms, please do not use our Services. For any clarification, please contact us at firstname.lastname@example.org. Any continued use of the Services by you shall be considered to express your consent and agreement with our Terms.
“Account” means an account that was registered on our Website and created for the purposes of accessing our Services.
“AggregatedInformation” means all information derived from your use of the Services and includes without limitation, usage information, data and other content, provided however, such information shall not be able to reveal the identity of the User.
“Athlete Review”means a review of any current or past athletic programs that you participated in.
“Certify” means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.
“Content” means any information, including Athlete Reviews, text, documents, articles, blogs, links, reports, data, databases, files, tools, e-mail, code, photographs, pictures, images, audio, video, postings, graphics (including illustrations and animations), comments, opinions, postings, messages, interfaces, webpages, files, software, product names, company names, trade-marks, logos, trade names, or other materials.
“Credentials”means Account log-in and other details which are relevant to access the Services.
“Data Source”means those databases, persons, or any other service that provide statistics and information on our Website for purposes of the Services.
“Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of“Handle” and “Handling” has the same meaning depending on the context.
“IntellectualProperty” means inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice),including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof; trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; semiconductor chip protection and mask work right; the protection of works of authorship or expression and copyright (whether or not registered);trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages.
“IntellectualProperty Rights” means any rights pertaining to Intellectual Property.
“Laws” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
“Member” means a User with anAccount.
“Non-Member User” means aUser who is not a Member.
“Platform” means the Website and any other digital assets that we use to provide the Services.
“Recruit-HQ Content”means any Content provided by us on the Website in provision of the Services.
“Third Party Providers” means any independent third party provider that may be accessible through ourServices.
“User(s)”means anyone who is using our Services, whether or not they are a Member.
“User Input”means any Content submitted or otherwise shared by a User in the course of utilizing the Services, including suggestions, modifications or other actions undertaken by a User or is otherwise shared with other Users through the Website.
“Website” or“App” means (i) any website (including Recruit-HQ.com and a sub-domain or any such websites, and (ii) any mobile application for such websites or any other website operated by us, in connection with the Services provided to you.
2. Understanding the Role of EachParty
(a) We are only responsible for providing the Platform which allows you (the “User”, “you” or “your” as context dictates) to access the Services. We provide the Services in our own personal or corporate capacities, and not as employees, agents, or representatives of a User or a Third Party Provider or Data Source.
(b) The Third Party Providers on our Platform may be paying us to be featured via upfront payment as advertisers or through commissions earned from your purchases of theirs goods and services. Your purchase of and receipt of such providers’ goods and services is subject to such providers’ terms and conditions of sale. Please make sure you understand what you are getting and what rights and obligations you have in respect of each Third Party Provider service.
(c) As described further under Section 12, although we are aiming to build a trustworthy community for athletes, we do not verify any reviews, facts, or figures from Data Sources and leave it to your judgment to utilize such information. If you feel that some information is false or misleading, you may either use the feedback features available in the Services or notify us via email.
(d) If you are representing the interests of anyone other than yourself, please make sure you have permission to use the Services on their behalf as you may be binding them to our Terms.
(e) Only current and former student-athletes may leave anonymous ratings and reviews of college and university programs without having to create an account. We may verify your identity as a student-athlete and may take any action at our discretion if we cannot satisfy our criteria for your membership on our Platform.
(f) Nothing a person posts on our Platform should be considered confidential.
3. Service Offering; Accounts and Responsibility
(a) Right to Use. Subject to the terms and conditions of our Terms, we hereby grant you a limited, revocable and non-transferable right to use the Services. Your ability to review and utilize the full set of reviews will require setting up an Account. Depending on the choices you make as part of your Account, you may receive various push notifications/information sets, including newsletters, or direct messages by other Users.
(b) Responsibility. Your interactions with other Users and Third Party Providers on the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or Third Party Providers. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you, whether previously publicly know nor not (see s. 14 further).
(c) In order to protect our Users from advertising or solicitation, we may reserve the right to restrict the number of communications which a Member may send to otherMembers and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion. Any information you provide shall be accessible by every Member of the Services and partially accessible by other non-Member Users. You are solely responsible for creating backup copies of and replacing any Content you post on the Services at your sole cost and expense.
(d) Registration and Account Set-up. You must create an Account on our Website in order to use the full set of Services. Once an Account is created, you are responsible for any and all use of the Account and for your interactions with other Users. All registration information provided by you shall be truthful and accurate. You should also inform us promptly of any changes to the information provided in order to ensure effective communication with Recruit-HQ. You may not access or use the Services if we have previously banned you from the Service or closed your Account.
(e) Credentials Management and Incidents. You shall: (1) keep your Credentials strictly confidential and secure; (2) not use the Credentials of another User; and (3)inform us immediately if the confidentiality of any part of your Credentials has been compromised (e.g. you or someone you authorized has shared your Credentials with a third party or you believe there is a credible chance of the security of your Account being compromised).
(f) Suspicious Activity.
(i) If we suspect any unauthorized access to your Account or that there is suspicious activity in relation to yourAccount, we retain the right, but do not have the obligation, to suspend yourAccount and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required.
(ii) If any communication you receive looks suspicious or has links that you do not expect, please do not open or click through. Instead, email us at email@example.com.
(g) Cancellation by User or Member. As a Member, you may decide at any time to cancel your Account. If you cancel your Account but continue to use the Services as a Non-Member User, your use of the Services is still subject to our Terms.
(h) Cancellation by Recruit-HQ. We reserve the right to suspend, and if deemed appropriate by us, cancel your right to utilize the Services for any reason and without notice.
4. Fees and payment
(a) Fees Payable by Users. Users may use the Services for free generally. We reserve the right to deploy special benefits and features which may have fees associated with them. All fees that are owed for your use of Services shall be limited to the amounts set out on our Website. You will never receive an email from us asking you to pay for anything – such an email will surely be spam and should be deleted.
Fees shall be inclusive of applicable taxes where required by law. Recruit-HQ does not collect payment of any other fees from Users on any Third Party Provider’s behalf.
(c) Fee Changes. We may in the future implement a new fee, or modify an existing fee, for certain current or future services offered. If we revise our fees, we shall notify you by posting the revisions on the Website orby sending you an email.
(d) Currency. All fees and transactions shall be in U.S. dollars.
(e) Third Party Payment Processors. Users acknowledge that all transactions involving payments must comply with the terms and conditions of the third party payment service provider. We do not provide those payment services, are not a party to any license or agreement you may have with the applicable third party payment provider, and shall not be liable or responsible for your use of those third party payment services.
5. Representations, Warranties andCovenants
(b) Restricted Actions. You covenant that you shall not, or shall not assist, encourage, or enable others to (as determined by Recruit-HQ):
(i) register for more than oneAccount;
(ii) misrepresent your identity(e.g. represent to anyone in relation to Recruit-HQ that you are someone else or you are affiliated with someone that you are not) or current or former affiliation with an athletic program;
(iii) post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
(iv) in regards to any fees which may be payable for a service or product received through the Services, circumvent the payment methodology of the Services;
(v) share your Account log-in details with any person other than those expressly authorized by you;
(vi) make use of the Services to do anything other than to carry out activities which are normally related to activities conducted using the Services;
(vii) use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
(viii) imply or represent a Recruit-HQ endorsement or partnership of any kind without our express written permission;
(ix) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services or Recruit-HQ Content;
(x) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of the Services;
(xi) rent, lease, loan, sell, resell, assign, timeshare, offer in a service bureau, or otherwise make any part of the Services available to any third party;
(xii) damage, disrupt, disable, overburden or impair our servers or network, or interfere with any other party’s use or enjoyment of the Services;
(xiii) access the Services in order to build a commercially available product or service which competes with theServices;
(xiv) copy any content, features, functions, integrations, interfaces or graphics which are part of the Services, including by way of using crawling or, scraping technologies;
(xv) violate any Laws;
(xvi) violate any obligations, including confidentiality obligations, you might have towards a third party, including your current or former athletic program;
(xvii) make statements on any part of Recruit-HQ on any topic associated with us, particularly regarding Content and the Services, which could reasonably be considered false or misleading;
(xviii) willfully tamper with the security of the Services, including attempting to probe, scan or test the vulnerability of the Website or to breach its security or authentication measures;
(xix) share any sensitive data with us which, in the normal course of events, would demand special Handling and introduce a security burden on us that is not agreed upon by us in writing in advance of receipt of such data;
(xx) send messages in violation of any applicable anti-spam law;
(xxi) transmit any information, through the Services or in any other manner, which may: (1) be false, misleading, offensive, unlawful, threatening, abusive, libelous, defamatory, harassing, fraudulent, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (2) promote illegal activities, racism, bigotry, hatred or physical harm of any kind against any group or individual; (3)solicit passwords or personal information from anyone; (4) be in violation of a third party’s Intellectual Property Rights or is subject to IntellectualProperty Rights; (5) refute or be contrary to what is set out anywhere in the Services;(6) be considered “spam” (including machine or randomly-generated, unauthorized or unsolicited advertising, chain letters, junk mail, and any other form of unauthorized solicitation or any form of lottery or gambling); (7) except as expressly approved by us, involve commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (8) contain or install any viruses, worms, malware, Trojan horses, time bombs, cancelbots, corrupted files, or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (9) violate the privacy of any third party;
(xxii) cover or obscure any banner advertisements on the Services, or any Recruit-HQ page via HTML/CSS, scripting, or any other means;
(xxiii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
(xxiv) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from theServices;
(xxv) attempt to gain unauthorized access to the Services or our computer systems or networks through hacking, password mining or any other means;
(xxvi) interfere with, disrupt, or modify any data or functionality of the Services; and
(xxvii) otherwise violate the terms herein or Recruit-HQ’s policies or create liability for us.
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the subsections (i) to
6. Proprietary Rights
(a) Ownership and Reservation of Rights to Recruit-HQ IntellectualProperty.
(i) Recruit-HQ and its licensors own all Intellectual Property Rights in the Services and any Content provided by us or our licensors (excluding publicly available information).
(ii) Content from other Users, DataSources, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (1) you agree that we are not responsible for any such Content, including advertising and information about third party products or services, athletic program information provided by other Members through Athlete Reviews, and (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in suchContent, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
(iii) You shall not obtain any ownership interest in the Services or Recruit-HQ Content as a result of your accessor use of Services.
(i) You agree that all such data may be, without further required consent by you, Handled by a third party for either (1) the third party’s own legitimate business purposes that is connected to our Services, (2) purposes which serve our business purposes, including Account processing and data monitoring or storage, or (3) for regulatory or other reasons which are imposed on us in Canada, United States of America, or in any other jurisdiction in which we provide services or may otherwise decide to store or process such data.
(ii) Aggregated Information. We will own allAggregated Information for any purpose we see fit, including publication of, and creation of derivative works from the Aggregated Information, provided that such usage shall not reveal to a third party any confidential information or the identity of a User.
Recruit-HQ does not pay for User Input.
(d) Advertising. Recruit-HQ and certain Third Party Providers or Data Sources may publicly display advertisements, paid content, and other information using, nearby or in association with User Input.You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
7. Copyright Policy
The trademarks, logos and service marks (“Marks”) displayed on the Services 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 such third party which may own the Mark. Please contact us if you would like to use our Marks.
It is our policy to terminate membership privileges of any User who 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 and posted on theServices in a way that constitutes copyright infringement, please provide ourCopyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Services; (d) your address, telephone number, and e-mail address; (e) 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; (f) 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. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
601-169 St. George St.
Toronto, ON Canada M5R 2M4
8. Monitoring of User Activity andPrivacy
9. Corrective Action and Notice
If you become aware of any actual or threatened activity by a User which is prohibited by Section 5(b) (Restricted Actions), you shall immediately(a) take all reasonable and lawful measures within your control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services), and (b) notify Recruit-HQ of any such actual or threatened activity.
10. Permission for Communication
11. Third Party Websites
The Services may contain links to third party websites (“Third Party Websites”)(a) placed by us as a service to those interested in their information; or (b)posted by other Members. You use all such links to Third Party Websites 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 such link to aThird Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third Party Website. When you leave the Website, our terms and policies no longer govern.
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS,THE SERVICES PROVIDED, INCLUDING ALL CONTENT AND FUNCTIONS, ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM, INCLUDING A CREDIT CARD PAYMENT SYSTEM, WHICH IS NOT PROVIDED BY US.
RECRUIT-HQ DOES NOT CERTIFY ANY CONTENT, INCLUDING PRODUCTS,PROCEDURES, OPINIONS, ATHLETE REVIEWS, OR OTHER INFORMATION THAT MAY APPEAR ORBE REFERENCED IN THE RECRUIT-HQ CONTENT. RELIANCE ON ANY CONTENT AND ANY OTHER INFORMATION, HOWEVER PRESENTED, OBTAINED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
ALTHOUGH THE SERVICES MAY PROVIDE ACCESS TO THIRD PARTY PROVIDERS AND ADVERTISERS, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OR ACTIONS OF SUCH THIRD PARTY PROVIDERS AND ADVERTISERS. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY THIRD PARTY OR USERS OR FOR ANY ERROR, DELAY, OR DEFICIENCY OF ANY PART OF THE SERVICE THEY MAY PROVIDE.
WE DO NOT WARRANT THAT ANY PART OF OUR SERVICES OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY APP OR ITEM CONNECTED WITH THE WEBSITE IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS, ORTHAT ANY TRANSMISSION TO AND FROM US OR COMMUNICATION BY YOU IS CONFIDENTIAL OR SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH.YOU AGREE THAT YOUR USE OF THE SERVICES CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO OUR TERMS.
ALL THIRD PARTY MATERIALS OR SERVICES ARE PROVIDED “AS IS”AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD PARTY MATERIALS OR SERVICES IS STRICTLY BETWEEN YOU AND THE THIRD PARTY OWNER OR DISTRIBUTOR OFTHE THIRD PARTY MATERIALS OR SERVICES.
13. Release and Indemnification
(b) We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Under no circumstances shall Recruit-HQ and its officers, directors, employees, agents, successors and permitted assigns be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of the Services even if Recruit-HQ has been told of the possibility of any such damages. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of or relating to the use of the Services.
Under no circumstances shall Recruit-HQ and its officers, directors, employees, agents, successors and permitted assigns be liable to you or any person with respect to damages incurred by reason of any services or goods received through, advertised on, or provided by the Website, or use of the Services and the Platform.
Under no circumstances shall we be liable for the acts, omissions or conduct of any third party users of the Services.
TO THE FULLEST EXTENT OF THE LAW, WITHOUT LIMITING THE FOREGOING IN THIS SECTION ENTITLED “LIABILITY”THE LIMIT ON RECRUIT-HQ’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY PERSON FORANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO THE GREATER OF FIFTY CANADIAN DOLLARS ($50) OR THE AMOUNTS YOU PAID TO US IN THE 2MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM.
15. Term and Termination
(a) Except for the provisions set out in Section 26 (Surviving Provisions), our Terms shall be deemed to be applicable to you upon your use of the Services and shall terminate for Members only upon an actual deletion or deactivation of your Account through the means provided on the Website, or for Non-Member Users, upon ceasing their use of the Services. Abandonment or non-use of the Account shall not lead to an automatic termination of your Account. UnlessRecruit-HQ has terminated your Account, you can start a new membership by registering and providing a new Athlete Review.
(b) We may suspend or terminate your access to all or any part of the Services at any time with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion. We may delete your Account information from our live databases if our Terms or your Account is terminated. We will not have any liability whatsoever to you for any termination of yourAccount or related deletion of your information.
(i) we may retain any of your data in our backups, archives and disaster recovery systems until such data is deleted in the ordinary course of business; and
(ii) all information and materials described in subsection 15(d)(i) above shall remain subject to all confidentiality, security and other applicable requirements of our Terms.
16. Modification of our Terms and Services
(c) The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
(d) If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you signup for these additional features and services. Unless otherwise provided by the additional terms and conditions, such additional terms and conditions are hereby incorporated into our Terms by reference.
17. Governing Law
Our Terms and any access to or use of the Services shall be governed by, and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada, without giving effect to any choice or conflict of law provision or rule(whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the province of Ontario.
If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users or Data Sources.
19. Waiver of Class Proceedings
Users hereby waive any right they may have to commence or participate in any class action lawsuit against Recruit-HQ related to any claim, dispute or controversy and, where applicable, Users hereby agree to opt out of any class proceeding against Recruit-HQ otherwise commenced.
Any delay in the performance of any duties or obligations of either party will not be considered a breach of our Terms if such delay is caused by a labour dispute, shortage of materials, fire, earthquake, flood, pandemic, war, terrorism, cyber-terrorism, cable cuts, governmental act or order, failures of common carriers (includingInternet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted bylaw.
22. Headings and Summaries
Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by email to firstname.lastname@example.org. Any notice to you shall be given to the most current email address associated with your Account.
24. Other Rules of Interpretation
Any reference to genderincludes all genders; words importing the singular number only shall includethe plural and vice versa; the word “or”is not exclusive; the words “including”,“includes” and “include” mean “including without limitation”; and “shall” means“will” and “must”, all three of which can be changed interchangeably and shall not mean “may”.
25. No Waiver of Covenants
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
26. Surviving Provisions
27. Entire Agreement