Legal Terms & Conditions

Last Updated: August 11, 2014

 

Please read these terms and conditions before using this Website.

TrackingFootball LLC makes information, products, and services available on this Website, subject to the following terms and conditions. By accessing this Website, you agree to these terms and conditions. TrackingFootball LLC reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this Website at any time, at its sole discretion, without notice. TrackingFootball LLC reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

 

The following provisions are apply in connection with your  use of this Website, the TrackingFootball LLC software and certain copyrighted materials, such as images, box shots, screen shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by TrackingFootball LLC and provided under license. To use such materials, you must first agree to the Legal Terms & Conditions below.

 

1.     Copyright Notice

All the information and material contained in this Website and the TrackingFootball LLC software is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).

 

2.     Trademark Notice

The names Football Talent Advisors® registered under U.S. Trademark Registrations 3,857,449 and 3,873,975; and Where Track and Football Collide® registered under U.S. Trademark Registration 3,771,430, and all other uses of said trademarks are pending or common law, trademarks of Football Talent Advisors, Ltd. and licensed to TrackingFootball LLC. Any use of these trademarks by any party other than TrackingFootball LLC is expressly prohibited and may not be used in connection with any product or service that is likely to cause confusion in the marketplace, disparage or discredit this Website, Football Talent Advisors, Ltd., or TrackingFootball LLC. All reference to other brands and products appearing on this Website are trademarks of their respective owner.

 

3.     Disclaimers

This Website is distributed internationally and may contain references to products and services that have not been released in your country. Although distributed internationally, these references do not guarantee that TrackingFootball LLC intends to release those products and services in your particular country.

 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND TRACKINGFOOTBALL LLC, ALL INFORMATION AND SOFTWARE ON THIS WEBSITE (“WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND THAT USE OF ANY WEBSITE CONTENT IS AT YOUR SOLE AND ENTIRE RISK.  YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE WEBSITE CONTENT AND AGREE NOT TO USE THE WEBSITE CONTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR and further expressly agree not to use the Website, directly or indirectly, on your own behalf or on behalf of or in connection with any other person or legal entity, nor authorize or assist any person or legal entity to use the Website, in any way or means whatsoever with respect, or related, to gambling.

 

THE WEBSITE, PRODUCTS, SERVICES, AND RELATED DOCUMENTATION ARE PROVIDE “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND TRACKINGFOOTBALL LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, UNAUTHORIZED SECURITY BREACHES, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRACKINGFOOTBALL LLC DOES NOT WARRANT INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE WEBSITE CONTENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR SECURITY BREACH FREE, OR THAT DEFECTS IN THE WEBSITE CONTENT WILL BE CORRECTED. The entire risk as to the results and performance of the Website Content is assumed by You. FURTHERMORE, TRACKINGFOOTBALL LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEBSITE CONTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRACKINGFOOTBALL LLC OR TRACKINGFOOTBALL LLC’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. SHOULD THE WEBSITE CONTENT PROVE DEFECTIVE, YOU (AND NOT TRACKINGFOOTBALL LLC OR TRACKINGFOOTBALL LLC’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

  1.      Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TRACKINGFOOTBALL LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE OF ASSETS, LOSS OF CONTRACTS, INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE) ARISING OUT OF, IN CONNECTION WITH THE PERFORMANCE OF, OR RELATING TO THE WEBSITE CONTENT OR YOUR USE, OF OR RELATING TO ANY UNAUTHORIZED SECURITY BREACHES, YOUR RELIANCE ON THE WEBSITE CONTENT, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE CONTENT OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY OR DUTY, TORT (INCLUDING NEGLIGENCE OF ANY PERSON (GROSS, SOLE, CONCURRENT, ACTIVE, OR PASSIVE)), PRE-EXISTING CONDITION, PRODUCTS LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR ANY OTHER CAUSE, OR OTHERWISE, EVEN IF TRACKINGFOOTBALL LLC OR TRACKINGFOOTBALL LLC’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THE WEBSITE CONTENT. TRACKINGFOOTBALL LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE CONTENT OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.

 

This Website may contain links to third party Websites on the Internet that are not under the control of TrackingFootball LLC. TrackingFootball LLC is not responsible for the content or availability of any linked third party Websites.

 

This Website could include technical or other inaccuracies. TrackingFootball LLC may make changes to material and information on this Website at any time and without prior notice. HOWEVER, TRACKINGFOOTBALL LLC MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE.

 

5.     Download Notice

The software and accompanying documentation available from this Website are the copyrighted work of TrackingFootball LLC. Use of the software is governed by the terms of the applicable subscription or license agreement(s) as well as any specific guidelines, which accompanies such software. If you use any materials from this Website, you agree to be bound by the applicable subscription or license terms as well as the specific guidelines related to the materials you wish to use. If you do not agree to the terms of such applicable subscription or license agreement(s), you will not be able to use the software.

 

You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way except as expressly authorized by TrackingFootball LLC in the Subscription or License Agreement.

 

You acknowledge that TrackingFootball LLC reserves the right to revoke the subscription or license, authorization to view, use, and print the materials available on this Website at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the Website. You will, however, still be responsible for any and all subscription or license fees incurred to date.

 

You acknowledge that any rights granted to you constitute a subscription or license and not a transfer of title. You do not obtain any ownership right, title, or other interest in TrackingFootball LLC copyrighted materials or trademarks by copying or otherwise using these materials.

 

6.     Submissions

In addition to all of the terms and conditions as set forth in TrackingFootball LLC’s Privacy Policy (refer to link to document provided in TrackingFootball LLC’s Website), TrackingFootball LLC also provides that:

 

With the exception of credit card numbers and registration information for the purchase of products and services, TrackingFootball LLC does not want to receive confidential or proprietary information through its Website.

 

Any information sent to TrackingFootball LLC, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL unless otherwise required to by law. You grant TrackingFootball LLC an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send TrackingFootball LLC, for any and all commercial and non-commercial purposes.

 

You also agree that TrackingFootball LLC is free to use any ideas, concepts, or techniques that you send TrackingFootball LLC for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

 

TrackingFootball LLC may, but is not obligated to, review or monitor areas on its Website where users may transmit or post communications, bulletin boards, chat rooms, blogs, and/or other user forums, if available through the Website. TrackingFootball LLC is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and/or other user forums.

 

You are prohibited from posting or transmitting to or from this Website any libelous, obscene, defamatory, pornographic, menacing, harmful or other materials that would violate any laws or TrackingFootball LLC’s Privacy Policy, guidelines or subscription or license agreements. However, if such communications do occur, TrackingFootball LLC will have no liability related to the content of any such communications.

 

You agree that TrackingFootball, LLC, however, may at any time without notice:

•refuse to accept your application to become a member of TrackingFootball.com;

•move or suspend any part of the service; or

•refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in TrackingFootball, LLC’s sole discretion, you fail to comply with any of these Terms and Conditions or if a competent regulatory authority requires TrackingFootball, LLC to do so;

•modify any username or other content that could be confusing with any TrackingFootball, LLC products and services or which contains any explicit/objectionable content.

 

7.     “Star Rating” Averages

TrackingFootball, LLC, provides, displays, and/or includes “star rating averages” or “AVG STAR RATING” in many athlete or player profiles. The “star rating averages” or “AVG STAR RATING” are a generic rating or number using a star symbol to indicate the level of talent that a recruit has and are therefore additional data points in athlete or player profiles for comparison purposes only. TrackingFootball, LLC calculates the “star rating averages” or “AVG STAR RATING” by averaging, at its sole discretion, certain publicly available or accessible “star ratings” from publicly available or accessible recruiting services which include but are not limited to Rivals, Scout.com, ESPN.com, and/or 247Sports.

 

8.     Governing Law and Jurisdiction

You agree that all matters relating to your access to, or use of, this Website shall be governed by, construed, and enforced in accordance with the laws of the State of Indiana, without regard to its choice or conflict of law rules or provisions. You hereby consent to the exclusive personal and subject matter jurisdiction of the Federal or state courts in Chicago, Illinois, in any action or claim arising out of, under or in connection with this Agreement or the relationship between the Parties hereto. To the fullest extent permitted by law, each party knowingly and voluntarily waives any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with this Agreement or the relationship between the Parties hereto.

 

All claims, disputes, controversies, differences or misunderstandings of any king between the parties hereto arising under, out of, or in connection with this Agreement, including the existence or continued existence of this Agreement and the arbitrability of a particular issue, which cannot be amicably settled and resolved by the parties hereto, shall be submitted to arbitration, to take place in the City of Chicago of the State of Illinois, by the American Arbitration Association (AAA). The arbitration shall finally be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the above-mentioned rules. The decision of the arbitration tribunal shall be final and binding upon the Parties and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.

 

TrackingFootball LLC makes no representation that information on this Website are appropriate or available for use outside of the United States or in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.

9.  Export Control Laws

All products, software, documentation and information available on this Website are subject to export controls administered by the United States and other countries. Diversion contrary to U.S. law, where applicable, is strictly prohibited. Export, re-export or import of certain products, software, documentation and information may require action on your behalf prior to purchase and it is your responsibility to comply with all applicable international, national, provincial, state, regional and local laws, and regulations, including any applicable import and use restrictions. By downloading or using any product or service from this Website, you are agreeing to the foregoing and all applicable export control laws.

 

10.     Updates or Changes

TrackingFootball LLC reserves the right to change these terms and conditions at any time, at its sole discretion, without notice. When TrackingFootball LLC updates or changes this document, TrackingFootball LLC will also revise the “Last Updated” date at the top of this document. For material changes to this Legal Terms & Conditions document, TrackingFootball LLC shall notify you by placing a prominent notice on the home page of its TrackingFootball LLC Website. TrackingFootball LLC encourages you to periodically review this document to stay informed about the terms and conditions of your use of the TrackingFootball LLC Website. Your continued use of the service constitutes your agreement to this Legal Terms & Conditions and any updates.

 

11.     Contact Information

TrackingFootball LLC welcomes your comments regarding the legal terms. If you have any questions or comments regarding the legal terms, please contact us electronically or via postal mail at the address provided below and TrackingFootball LLC will use commercially reasonable efforts to promptly determine and remedy the problem.

 

TrackingFootball LLC Legal Terms

TrackingFootball LLC

3922 Pete Dye Blvd.

Carmel, Indiana 46033

United States

 

12.     Contact Website

For any information regarding Legal Terms & Conditions, please contact legal@trackingfootball.com

For any information regarding this Website, please contact legal@trackingfootball.com

 

13.     Availability

TrackingFootball uses reasonable endeavors to ensure that the Site and associated services is available 24 hours a day 7 days a week. However, there will be occasions when the site or service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of TrackingFootball, LLC. Every reasonable step will be taken by TrackingFootball, LLC to minimize such disruption where it is within the reasonable control of TrackingFootball, LLC. You agree that TrackingFootball, LLC shall not be liable to you for any modification, suspension or discontinuance of the site or associated services. Additionally, we reserve the right to modify or terminate the service for any reason and without notice at any time.