Welcome to Basketball Recruiting Guide!
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The Basketball Recruiting Guide Service
Subject to qualifying for the Service (which is to be determined solely by Basketball Recruiting Guide) and timely payment of all fees, we agree to provide you with the Basketball Recruiting Guide Service. The Service includes all of the Basketball Recruiting Guide products, features, applications, services, technologies, and software that we provide to advance Basketball Recruiting Guide’s mission: To provide you with unparalleled exposure to NCAA Division 1 coaches so you have the best chance of being recruited by a NCAA Division 1 school. The Service is made up of the following aspects (the “Service”):
- Basketball Recruiting Guide Online Recruiting Profile: Subject to qualifying for the Service (which is to be determined solely by Basketball Recruiting Guide) and timely payment of all fees, Basketball Recruiting Guide will create a personal profile template for you, which will be hosted on the http://www.basketballrecruiting.com website, and will be accessible using a personal private link. This personal private link may be used for your own recruitment and marketing, subject to these Terms. Included on your profile will be any and all information Basketball Recruiting Guide determines to be the most important information to a college coach. This information can include, but not be limited to, personal attributes, statistics, and achievements of note, award, family information, performance videos and photographs, and academic information. At any time, you may make updates through your personal portal. However, Basketball Recruiting Guide reserves the right to make any and all changes to your profile as we deem appropriate or necessary, as set forth in these Terms.
- Video Editing: You will be able to make unlimited edits to the video showcased on your profile. Basketball Recruiting Guide will confirm that the video is of good quality and helpful to your recruitment by suggesting certain edit changes that Basketball Recruiting Guide believes would be deemed important to a college coach.
- Social Media Promotions: When provided by you, Basketball Recruiting Guide may, but is not required to, post your extraordinary accomplishments and newspaper feature stories on our social media sites and website News & Events page, including a link to your profile.
- Exposure to Coaches: On a monthly basis, Basketball Recruiting Guide will make best efforts to contact all NCAA Division 1 women’s basketball coaches who are listed on your interested schools/coaches list, giving such coaches access to your complete recruiting profile. Basketball Recruiting Guide maintains a confidential and proprietary unpublished e-mail address file of over 5,000 NCAA women’s basketball head coaches and assistant coaches.
- Recommendations to Coaches: Basketball Recruiting Guide routinely receives requests for recommendations from NCAA women’s basketball coaches from all regions of the country. If you meet the requirements requested by a college coach, your recruiting profile, video, and any other information requested by the coach will automatically be sent to the requesting coach. You will be notified when the requesting coach receives your profile and information. Basketball Recruiting Guide will also reach out to qualifying schools and coaches that match your interested schools/coaches list. Basketball Recruiting Guide will assist in setting up phone calls with you and college coaches and with coordinating campus visits.
- Recruiting Calendar: Upon your request, Basketball Recruiting Guide will provide you with a calendar to assist in the organization of your communications, meetings, and visits with college coaches or representatives. However, Basketball Recruiting Guide is not responsible for the content contained therein nor the accuracy thereof. You are responsible for maintaining accurate records of your communications, meetings, and visits.
- Camp/Showcase Recommendations: If you plan to attend a camp or showcase that features college coaches in attendance, upon providing sufficient notice to Basketball Recruiting Guide, we will reach out to the organizer of the event with your recruiting profile, applicable video, and any other information deemed necessary by the organizer. For individual university camps, we will contact the coaching staff directly. This has the potential to provide you with an advantage at getting noticed at the event because the coaches in attendance will have knowledge about you prior to and during the event.
- ACT/SAT Preparation Recommendations: Upon your request, we will provide you with information regarding ACT/SAT prep courses. Basketball Recruiting Guide may, but is not required to, provide you with this information even if you do not request it, if we believe it may be helpful to you.
- College Database: We will provide you with access to our confidential and proprietary database of NCAA women’s basketball coaches to use for your own marketing and promotion, subject to these Terms. Our database contains the women’s basketball coaching staff for just about every Division 1 school, with routinely updated phone numbers and email addresses.
- Communication: We are here to help. Basketball Recruiting Guide is happy to assist you with any and all recruitment questions. We will do our best to return all emails about you from a college coach, parent, or you within 24 hours. However, you agree and understand that it will not always be possible for us to respond within 24 hours. Each month, we will schedule a call (of up to 30 minutes) with you and, if applicable, your parents, to discuss current recruitment and recommendations moving forward.
- Basketball Recruiting Guide: Included at no additional charge with each paid 1-year package, you will receive the Basketball Recruiting Guide (a $370 value).
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use the Basketball Recruiting Guide Service
- You must be at least 13 years old.
- You must be a female with a strong commitment to being recruited by an NCAA Division 1 women’s basketball program.
- We must not have previously disabled or terminated your account for violation of law or any of our policies.
How You Can’t Use the Basketball Recruiting Guide Service
- You can’t impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
- You can’t sell, distribute, copy, photograph, record, or reproduce our confidential and proprietary unpublished database of NCAA women’s basketball coaches, including, but not limited to, the names and contact information contained therein.
- You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can’t violate (or help or encourage others to violate) these Terms or our policies.
- You can’t do anything to interfere with or impair the intended operation of the Service.
- You can’t attempt to create accounts or access or collect information in unauthorized ways.
- You can’t submit an application to use the Service if, within the past 12 months, we have determined that you are not qualified to use the Service.
- You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
Term of Service, Automatic Renewal, and No Refunds
- Subject to qualifying for the Service (which is to be determined solely by Basketball Recruiting Guide) and timely payment of all fees, you will be given access to your profile for one year (subject to your adherence to these Terms of Service).
- Unless you notify us in writing at [email protected] at least 72 hours prior to the expiration of your program, you will be automatically renewed for another year of the Service and charged at the regular rate for the Service (depending on the number of years you have been enrolled in the Service).
- The program fee is non-refundable. No refunds are given for any reason, including, but not limited to, the following reasons: (i) you commit or are admitted to a college or university; (ii) you delete your account before the expiration of your program; (iii) your account is terminated due to your violation of these Terms of Service or any law; (iv) you decide you no longer wish to play basketball or be recruited by a college or university; (v) you are injured, whether or not the injury occurred while playing a sport; and (vi) you decide you no longer wish to attend a college or university. Except for (iii), you may continue to use and maintain your profile until the expiration of your program.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
Our Agreement and What Happens If We Disagree
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under This Agreement
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible If Something Happens
- Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- You agree and understand that we do not, and cannot, guarantee that: (i) you will be accepted to any college or university; (ii) you will be accepted to any college or university basketball program; and/or (iii) that any coach will respond to your communications.
- We comply with all applicable laws and policies regarding the recruiting of college athletes and you agree and understand that the Service does not offer or provide any unlawful advantage to admission to any college or university.
- We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Basketball Recruiting Guide (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Basketball Recruiting Guide users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, email address or phone number you use for your Basketball Recruiting Guide account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Basketball Recruiting Guide LLC, ATTN: Basketball Recruiting Guide Arbitration Opt-out, 6 Bayberry Lane, Poughkeepsie, NY 12603.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address or phone number you use for your Basketball Recruiting Guide account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Basketball Recruiting Guide LLC, ATTN: Basketball Recruiting Guide Arbitration Filing, 6 Bayberry Lane, Poughkeepsie, NY 126035. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Basketball Recruiting Guide account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provide us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in Dutchess County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
- We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account here.
Revised: October 7, 2020