Terms of Use

Welcome to Student Athletics, a website that connects you with college coaches. This website is sponsored by SyMplify Athletics, a division of SyMplify Technologies, Inc. It is important that you read the information below. Throughout this Agreement, the Student Athlete website and any related services provided by SyMplify Technologies, Inc. shall be referred to simply as "the Website". Similarly, SyMplify Technologies, Inc. shall be referred to collectively as "us", "we" or "the Company"). By accessing or using the Website at www.SymplifySA.com, you ("you", "your", "user", or "licensor") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a licensed user of Student Athlete. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then you should not use or access (or continue to use or access) the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THIS TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

Eligibility: Membership in the Website is void where prohibited. This Website is intended solely for the following users: (1) student athletes between fourteen (14) and eighteen (18) years of age, who are currently in, or within one year will be in, high school or college; (2) a parent or guardian of any such student athlete; (3) coaches at the high school or club sport level who coach or are otherwise affiliated with such student athletes, and (4) college coaches who are interested in recruiting such student athletes. Any registration by, use of, or access to the Website by anyone not meeting these requirements, is unauthorized, and in violation of these Terms of Use. By using the Website, you represent and warrant that you meet the requirements described above, and that you agree to abide by all of the terms and conditions of this Agreement.

Recruiting Data; Account Security: In consideration of your use of the Website, you agree (a) to provide accurate, current and complete information about you as may be prompted by the Website ("Recruiting Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Recruiting Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) and to be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Website Content; Limited License: All non-user content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website Content"), are the proprietary property of the Company, with all rights reserved. No Website Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own user Content (as defined below) that you legally post on the Website. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own user Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet Website or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license you have been granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Conduct: You understand that except for advertising programs offered by us on the Website, the Website is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Website to:

• harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
• use automated scripts to collect information from or otherwise interact with the Website;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of you engaged in a sports related activity;
• register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available to any user of the products or services of SyMplify Technologies, Inc., any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, transmit, share, store or otherwise make publically available any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account without authorization from the Company, or create a false identity on the Website.
• upload, post, transmit, share, store or otherwise make publically available any content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Company or its users to any harm or liability of any type.

User Content Posted on the Website: You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, video, or other content, that you upload, publish or display (hereinafter, "post") on the Website, or transmit to or share with college coaches (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content or user Content in its sole discretion, for any reason or no reason, including user Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any user Content you post or store on the Website, or provide to the Company.

When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the user Content on the Website. You may remove your user Content from the Website at any time. You acknowledge that the Company may retain archived copies of your user Content. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright Complaints: We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party's intellectual property rights.

Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in our sole discretion, members who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content: The Website contains (or you may be sent through the Website to) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Website or relating to any applications you use or install from the Website.

Terms of Sale: By ordering products or services from The Company through the Website, you agree to be bound by and accept these Terms of Agreement. The Terms of Agreement are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Agreement each time you make a purchase.

Privacy: We care about the privacy of our users. Click here to view our Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States. Further, you agree that your contact information and specifically your e-mail address may be shared with college coaches.

Disclaimers: The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Website, whether posted or caused by users of the Website, by us, by third parties, or by any of the equipment or programming associated with or utilized in the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

The Website may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes 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, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Website, any User Content or Third Party Applications, Software or Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.

THE WEBSITE, AND ANY PLATFORM APPLICATIONS, AND THE WEBSITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE WEBSITE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Website and Platform Applications offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability: IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, ANY PLATFORM APPLICATIONS OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR USE OF THE WEBSITE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Termination: The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Website for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 14, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, delete the account in a reasonable time determined by company.

Governing Law; Venue and Jurisdiction: By visiting or using the Website, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Tennessee, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Tennessee.

Indemnity: You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Website, your use of the Website, your conduct in connection with the Website or with other users of the Website, or any violation of this Agreement or of any law or the rights of any third party.

Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions: Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.

Other: These Terms of Use constitute the entire agreement between you and Company regarding the use of the Website, superseding any prior agreements between you and Company relating to your use of the Website. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.