TERMS OF USE AGREEMENT BETWEEN USER AND THE ATHLETE WATCH


PRIVACY POLICY

At The Athlete Watch LLC ("The Athlete Watch"), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and website. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.

TERMS OF USE

Please read this agreement ("Agreement") carefully before using our website at www.theathletewatch.com. By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change. This agreement is between The Athlete Watch and you the user.

The Athlete Watch may only be used by students who complete the enrollment process, provide parental consent and pay the applicable fees. The site may also be used by college recruiters and coaches looking for information about high school recruits. Any other use is strictly prohibited.

Neither The Athlete Watch nor its representatives are engaged in rendering legal services or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.

We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of The Athlete Watch or its affiliates.

The Athlete Watch and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services or other material on our website. While we strive to keep the information on this website accurate, complete and up-to-date, The Athlete Watch and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information or services on the website. In no event will The Athlete Watch provide refunds of any kind.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

We provide an online venue to market high school athletes to colleges for athletic scholarship recruiting (the "TAW Service"). We grant you access to this website during the term of this agreement solely to receive the TAW Service. You may access, download, and print materials as necessary to receive the services and information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases or lists obtained from this website. When we request, you agree to provide true, accurate and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.

PROPRIETARY RIGHTS

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to The Athlete Watch. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of The Athlete Watch. You grant to The Athlete Watch a non-exclusive, royalty free, perpetual right and license to copy and display any highlight reel, training video or other such content on the website, including any video produced by The Michael Jordan Performance Center. You represent and warrant to The Athlete Watch that any content you provide will not infringe the patent, copyright, trademark, trade secret or other intellectual property rights of any third party.

YOUR ACCOUNT

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this website is terminated, you will (i) stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password and any information obtained from this website.

CONFIDENTIAL INFORMATION

You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the website or (ii) which is (A) marked "Confidential," "Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to The Athlete Watch that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.

You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website. You may not republish The Athlete Watch content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

If you are under the age of 13, you may not use this website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ATHLETE WATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ATHLETE WATCH DOES NOT PROVIDE REFUNDS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ATHLETE WATCH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to websites operated by parties other than The Athlete Watch or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because The Athlete Watch privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

LINKS TO OUR WEBSITE

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray The Athlete Watch, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website. You may not use any The Athlete Watch logo or other proprietary graphic or trademark as part of the link without express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. You may not link to any page other than the home page of this website.

USE OF SUBMISSIONS

You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the website for the stated purposes of this Agreement and to authorize others to do so.

USER CONTENT/E-MAIL DISCUSSION LISTS, INTERACTIVE AREAS

We offer the opportunity for you post information and videos on the website (the "User Content") in your athlete profile ("Athlete Profile"). The Athlete Watch does not exert editorial control over information or materials posted in your Athlete Profile and is not responsible for monitoring your Athlete Profile or verifying that your information is accurate, timely, reliable, suitable, complete, non-infringing or free from technical defects.

We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code or programming device affecting your software, hardware, data or property.

You shall not (nor cause any third party to) use the website to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:

a. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
b. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
c. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
d. advertising or commercial content;
e. interfering with or disrupting the website;
f. disrupting the activities or enjoyment of the website for other users; or
g. collecting, or storing personal data about other users.

You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.

You acknowledge that User Content is not endorsed by The Athlete Watch and such user content should not be considered to have been reviewed, screened or approved by The Athlete Watch. You should exercise discretion before relying on information contained in user content.

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the website, and remove any User Content from the website at any time and for any or no reason. The Athlete Watch will not be liable to you or any third party for any termination of your access to the website or deletion of any User Content on the website.

We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of The Athlete Watch, any users of the website, and the public.

CHANGES TO WEBSITE

We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website shall be deemed your acceptance of the modified Agreement.

DISPUTE RESOLUTION

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest you; (4) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under The Athlete Watch rules exceed $125, and you are unable to pay the additional fees and deposits, The Athlete Watch retains the right to forward them to The Athlete Watch on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Athlete Watch retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

MISCELLANEOUS

This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website shall be governed by and construed in accordance with the laws of Texas, without giving effect to any principles of conflicts of law. Failure by The Athlete Watch to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

The Athlete Watch and other logos, product and service names are trademarks and service marks owned by or licensed to The Athlete Watch or its affiliates (the "Marks"). Without the prior written permission of The Athlete Watch, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

© Copyright 2011 The Athlete Watch LLC. All rights reserved.

Infringement Claims/Copyright Agent

If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify The Athlete Watch of your copyright infringement claim in accordance with the following procedure. The Athlete Watch will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:

By phone: 972.439.5829
By email: info@TheAthleteWatch.com
By mail: 7210 Virginia Parkway #6384
McKinney, Texas 75071

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• 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;

• 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;

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has 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

• A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to info@theathletewatch.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact The Athlete Watch and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

 
 
 
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