2. User Conduct and Use of the Site.
b. Certain portions of the Website and information contained on the Website may be accessible only to Members or affiliates, service providers, or other business partners of Game Time Recruiting, or otherwise may be password restricted. You agree not to gain or attempt to gain unauthorized access to such portions of the Website or to information contained in such sections of the Website, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Website, to distribute passwords to unregistered or unauthorized users, or to make any unauthorized use of the Website or information accessible on the Website. You are solely responsible for the security of your password and your Account, and unless authorized by Game Time Recruiting, your password is valid only for use by you. If, at any time, you believe that your Account or password is being used by another person, you should notify Game Time Recruiting immediately.
e. You acknowledge and agree that, upon creation of a profile on the Website and registration for membership, your submitted content (each submission individually, and all submissions, collectively, referred to herein as the “User Submission”) may be available for viewing by other Members or by affiliates of Game Time Recruiting for evaluation and recruiting purposes. Notwithstanding the foregoing, however, Game Time Recruiting makes no representation or guaranty that your profile and User Submission will be reviewed by the colleges you select, and Game Time Recruiting makes no guarantee with respect to the results of any recruiting efforts or activities.
f. You agree to use the Website for lawful, noncommercial purposes only, and shall not use Website content for purposes of creating, developing or promoting any enterprise, whether or not for profit. You agree to comply with all federal, state, and local laws applicable to the use of this Website and to not use the Website to engage in prohibited conduct. Broadly stated, “prohibited conduct” is any conduct (i) that is unlawful, infringing, tortious, fraudulent, abusive, harassing, or otherwise harmful to Game Time Recruiting or any other party or property; (ii) that violates another party’s intellectual property, privacy or other rights; or (iii) that otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration, prohibited conduct includes, but is not limited to, using the Website or the services provided through the Website to (i) violate any law or applicable regulation; (ii) violate or attempt to violate the security or integrity of, or gain or attempt to gain unauthorized access to, this Website or any service, system, information or communication contained herein; (iii) interfere with another’s use of the Website or the services provided on the Website through the posting or transmitting of a virus or other harmful item; (iv) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, use an IP address not assigned to you, forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (v) commit fraud; (vi) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (vii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (viii) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable in Game Time Recruiting’s discretion; (ix) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (x) send or receive material containing defamatory, false, or libelous material; (xi) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xii) post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xiii) engage in conduct that would expose Game Time Recruiting or its affiliates or service providers to civil or criminal liability; (xiv) post, send or otherwise disseminate advertising or any solicitation; (xv) conduct or forward surveys, contests, pyramid schemes, or chain letters; or (xvi) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.
i. You are solely responsible for and will exercise caution, discretion, common sense and judgment in using and accessing the Website and all content contained therein. You are solely responsible for any equipment necessary to access and use the Website.
k. You understand and agree that Game Time Recruiting is not required to edit or review any User Submission. However, you agree that all User Submissions may be subject to Game Time Recruiting’s approval. Game Time Recruiting reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a User Submission. Game Time Recruiting, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
The Website may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. Such links are provided for reference only, and Game Time Recruiting neither controls such websites, endorses any of the content on any such websites, nor has any association with their operators. You agree that Game Time Recruiting is not responsible for and relieve Game Time Recruiting from all liability arising from, the availability of, content provided on, or practices of such third party websites, the quality of the goods and services provided on such websites, and the performance of any agreement you may enter into with such third party website. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Game Time Recruiting is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. You agree that Game Time Recruiting is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
4. Copyright Matters and Copyright Agent.
a. All content available at this Website, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of Game Time Recruiting or used by Game Time Recruiting with the permission of the owner of such content and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Website is the exclusive property of Game Time Recruiting and protected by U.S. and international copyright law. Users of the Website agree to not take any action with respect to content of the Website that would violate the intellectual property or proprietary rights of Game Time Recruiting or other third parties, or the individual rights of other users. Content contained on the Website may not be modified, copied, distributed, framed, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part, without Game Time Recruiting’s prior permission. You may download a copy of any portion of the Website, including User Submissions, solely for the purposes of personal, non-commercial use, or for evaluating an athlete for recruiting purposes, provided that all copyright and other notices are kept intact. Any other use of the content contained on the Website is strictly prohibited.
b. Game Time Recruiting respects the intellectual property of others and asks that its users do the same. You acknowledge and agree that Game Time Recruiting may (i) remove content and/or User Submissions that infringe or are believed to be infringing the intellectual property or proprietary right of Game Time Recruiting or any third party; (ii) deny access to the Website to any user who uses the Game Time Recruiting network in violation of any intellectual property or other proprietary right; and/or (iii) terminate a Member’s account who infringes or is believed to be infringing the intellectual property, proprietary, or other rights of any third party
c. In accordance with the Digital Millennium Copyright Act of 1998 (see 17 U.S.C. 512(c)(3) for further detail), Game Time Recruiting will respond promptly to claims of copyright infringement that are reported to our Copyright Agent, designated below. If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Game Time Recruiting by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Game Time Recruiting’s designated Copyright Agent to receive notifications of claimed infringement is:
10446 Lucaya Drive
Tampa FL, 33647
You acknowledge that if you fail to comply with all of the requirements of this Section 4(d), your DMCA notice may not be valid.
5. Intellectual Property Rights.
b. Restrictions. Content on the Website, including User Submissions, is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as expressly permitted herein. If you download or print a copy of the content for a permissible use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Game Time Recruiting Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Game Time Recruiting Website or the content therein.
c. Your License to Game Time Recruiting. By submitting material to any area of the Website, whether created by or for you, you expressly grant (and/or warrant that the owner of such rights has expressly granted) to Game Time Recruiting a royalty-free, perpetual, irrevocable, sub-licensable, transferable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in works of any form, medium or technology now known or hereafter developed, for any purpose, for the full term of any copyright or other rights that may exist in such material.
6. Representations, Warranties, and Covenants.
7. Warranty Disclaimer; Limitation of Liability.
a. Game Time Recruiting is not responsible for the conduct, whether online or offline, of any user, affiliate, Member, third party service provider, or any other person or entity. Use of Website services, access to any portion of the Website, or reliance on the information contained therein or provided by others appearing on the Website, is at the sole risk of the user. Under no circumstances will Game Time Recruiting be responsible for any loss or damage caused by your reliance on information contained on or transmitted through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website, and to seek professional or other assistance, if necessary, in making such evaluation.
b. If you provide your email address or phone number to Game Time Recruiting, this will constitute permission for Game Time Recruiting to send emails or SMS text messages regarding Game Time Recruiting, its affiliates, its sponsors, its products, or other items in which you may have an interest unless and until you opt to unsubscribe from such email communications or opt-out from such SMS text messages. At no time will Game Time Recruiting be held responsible for any inability to prevent emails or SMS text messages from being sent to any party.
c. THE WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, INCLUDING GAME TIME RECRUITING CONTENT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON- INFRINGEMENT, QUALITY, CHARACTER, SUITABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GAME TIME RECRUITING DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF VIRUSES OR OTHER ROGUE PROGRAMMING.
e. The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, tortious behavior, negligence, or any other cause of action or inaction. You assume the entire cost of all damage, servicing, repair, or correction resulting from the use of the Website in any manner, including but not limited to the offensive or illegal conduct of other users or third parties.
You further release and hold Game Time Recruiting harmless from any and all liability arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Website content, User Submissions, and/or information contained in the Website by other users or third parties.
9. Billing and Payment Information
a. Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
b. Autorenewal. Unless otherwise provided, you agree that until and unless you notify Game Time Recruiting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
c. Late Payment. All invoices must be paid within three (3) days of the invoice due date. Any invoice that is outstanding for more than three (3) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Game Time Recruiting may suspend or terminate your account and pursue the collection costs incurred by Game Time Recruiting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Game Time Recruiting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
d. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Game Time Recruiting may report any such misuse or fraudulent use, as determined in Game Time Recruiting’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
e. Invoice Disputes. You have fourteen (14) days to dispute any charge or payment processed by Game Time Recruiting. If you have any questions concerning a charge on your account, our billing department directly for assistance:
Cancellations and Refunds
The user understands that once The Company provides services to The user that the Company fees are Non-Refundable. Fees are not dependent upon results and no specific legal outcome may be promised.
The user is solely responsible for properly canceling their Game Time Recruiting subscription. An email request is required to cancel your subscription. If you cancel the Service before the end of your current paid up month, your account will remain active until the next due date. After the due date, if no payment received, your account will be disabled. Allow up to 10 days for a cancellation request to be processed. Send cancelation request to:
f. Upgrade Eligibility. Any Free or Rookie membership with Game Time Recruiting can upgrade to the All- American membership at any given time. Users just need to select the All-American account payment plan from the Services and Pricing Page.
The Company does not provide credits to Rookie accounts that have paid monthly or in full for the Rookie account. Each user that upgrades to an All- American membership regardless of their current payment plan will be obligated to pay in full or use the payment plan option for the desired All-American membership.
h. Payment Options for All-American Subscription. For the All-American subscription you have the option to make a one-time payment due at sign-up in the amount of $750.00. By choosing this option you will not be accessed interest. Game Time Recruiting also provides a monthly payment plan. By choosing the payment plan, you agree to pay $175.00 a month for six consecutive months for a total of $1,050.00. By choosing this options you will be required to pay interest in the amount of $300.00, totaling $1,050.00 for the All-American Plan. Upon signing up for the payment plan, you will be required to electronically sign an agreement to pay the full amount owed. Failure to pay the full amount of $1,050.00 will result in legal action.
10. Term and Termination; All Payments Non-Refundable.
b. If you become a Member, you may terminate your account by logging into your Account, editing your profile to delete your Account, and paying any and all fees or other amounts outstanding with respect to your account.
d. All payments for services hereunder are final and non-refundable.
d. Limitation on Causes of Action. Any cause of action you may have with respect to use of the Website must be commenced within one (1) year after the claim or cause of action arises.
Game Time Recruiting, LLC
10446 Lucaya Drive
Tampa, FL 33647